APPENDIX

CONTAINING THE Articles of THE TREATIES NOW IN FORCE BY WHICH EXTERRITORIAL PRIVILEGES HAVE BEEN

GRANTED TO BRITISH SUBJECTS.

The Articles have been printed by permission from Sir Edward Hertslet's valuable collection of Commercial Treaties.

All the information with regard to the Orders in Council and the "applied statutes" will be found in Mr. Tarring's 'British Consular Jurisdiction in the East, and in the Index to the Statutory Rules and Orders' compiled by Mr. Pulling.

195

APPENDIX.

TURKEY.

Capitulations and Articles of Peace, 1675-confirmed by Treaty, 1809.

VIII. That if an Englishman, either for his own debt or as surety for another, shall abscond, or become bankrupt, the debt shall be demanded from the real debtor only; and unless the creditor be in possession of some security given by another, such person shall not be arrested, nor the payment of such debt be demanded of him.

IX. That in all transactions, matters, and business occurring between the English and merchants of the countries to them subject, their attendants, interpreters, and brokers, and any other persons in our dominions, with regard to sales and purchases, credits, traffic, or security, and all other legal matters, they shall be at liberty to repair to the judge, and there make a hoget, or public authentic act, with witness, and register the suit, to the end that if in future any difference or dispute shall arise, they may both observe the said register and hoget; and when the suit shall be found conformable thereto, it shall be observed accordingly.

Should no such hoget, however, have been obtained from the judge, and false witnesses only are produced, their suit shall not be listened to, but justice be always administered according to the legal hoget.

X. That if any shall calumniate an Englishman, by asserting that he hath been injured by him, and producing false witnesses against him, our judges shall not give ear unto them, but the cause shall be referred to his Ambassador, in order to his deciding the same, and that he may always have recourse to his protection.

XI. That if an Englishman, having committed an offence, shall make his escape, no other Englishman, not being security for him, shall, under such pretext, be taken or molested.

XII. That if an Englishman, or subject of England, be found to be a slave in our States, and be demanded by the English Ambassador or Consul, due enquiry and examination shall be made into the causes thereof, and such person being found to be English, shall be immediately released, and delivered up to the Ambassador or Consul.

XIII. That all Englishmen, and subjects of England, who shall dwell or reside in our dominions, whether they be married or single, artisans or merchants, shall be exempt from all tribute.

XV. That in all litigations occurring between the English, or subjects of England, and any other person, the judges shall not proceed to hear the cause without the presence of an interpreter, or one of his deputies.

XVI. That if there happen any suit, or other difference or dispute, amongst the English themselves, the decision thereof shall be left to their own Ambassador or Consul, according to their custom, without the judge or other governors our slaves intermeddling therein.

XXIV. That if an Englishman, or other subject of that nation, shall be involved in any law suit, or other affair connected with law, the judge shall not hear nor decide thereon until the Ambassador, Consul, or interpreter shall be present; and all suits exceeding the value of 4000 aspers shall be heard at the Sublime Porte and nowhere else.

XXV. That the Consuls appointed by the English Ambassador in our sacred dominions, for the protection of their merchants, shall never, under any pretence, be imprisoned, nor their houses sealed up, nor themselves sent away; but all suits or differences in which they may be involved shall be represented to our Sublime Porte, where their Ambassadors will answer for them.

XXVI. That in case any Englishman, or other person subject to that nation, or navigating under its flag, should happen to die in our sacred dominions, our fiscal and other officers shall not, upon pretence of its not being known to whom the property belongs, interpose any opposition or violence, by taking or seizing the effects that may be found at his death; but they shall be delivered up to such Englishman, whoever he may be, to whom the deceased may have left them by his will; and should he have died intestate, then the property shall be delivered up to the English Consul, or his representative, who may be there present; and in case there be no Consul, or Consular representative, they shall be sequestered by the judge, in order to his delivering up the whole thereof, whenever any ship shall be sent by the Ambassador to receive the same.

XLII. That in case any Englishman, or other person navigating under their flag, should happen to commit manslaughter or any other crime, or be thereby involved in a law suit, the governors in our sacred dominions shall not proceed to the cause until the Ambassador or Consul shall be present; but they shall hear and decide it together without their presuming to give them any the least molestation, by hearing it alone, contrary to the holy law and these Capitulations.

LVIII. That whereas it is specified in the Capitulations, that in case an Englishman should become a debtor or surety, and run away or fail, the debt shall be demanded of the debtor; and if the creditor be not in possession of some legal document given by the security, he shall not be arrested, nor such debt be demanded of him; should an English merchant, resident in another country, with the sole view of freeing himself from the payment of a debt, draw a bill of exchange upon another merchant, living in Turkey, and the person to whom the same is payable, being a man of power and authority, should molest such merchant who had contracted no debt to the drawer, and oppress him, contrary to law and the sacred Capitulations, by contending that the bill was drawn upon him, and that he was bound to pay the debt of the other merchant now we do hereby expressly command, that no such molestation be given in future, but if such merchant shall accept the bill, they shall proceed in manner and form therein pointed out; but should he refuse to accept it, he shall be liable to no further trouble.

LXI. That if any Englishman should turn Turk, and it should be represented and proved that, besides his own goods, he has in his hands any property belonging to another person in England, such property shall be taken from him, and delivered up to the Ambassador or Consul, that they may convey the same to the owner thereof.

LXIX. It being registered in the Imperial Capitulations, that all suits wherein the English are parties, and exceeding the sum of 4000 aspers, shall be heard in our Sublime Porte, and nowhere else:

That if at any time the commanders and governors should arrest any English merchant, or other Englishman, on the point of departure by any ship, by reason of any debt or demand upon him, if the Consul of the place will give bail for him, by offering himself as surety until such suit shall be decided in our Imperial Divan, such person so arrested shall be released, and not imprisoned or prevented from prosecuting his voyage, and they who claim anything from him shall present themselves in our Imperial Divan, and there submit their claims, in order that the Ambassador may furnish an answer thereto. With regard to those for whom the Consul shall not have given bail, the commandant may act as he shall think proper.

LXXI. That should any Englishman coming with merchandize turn Turk, and the goods so imported by him be proved to belong to merchants of his own country, from whom he had taken them, the whole shall be detained, with the ready money, and delivered up to the Ambassador, in order to his transmitting the same to the right owners, without any of our judges or officers interposing any obstacle or hindrance thereto.