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(SEE GERMAN EMPIRE.)
CONVENTION ABOLISHING DROIT D'AUBAINE AND EMIGRATION TAXES.
Concluded May 14, 1845; ratification advised by the Senate, with amendment, April 15, 1846; ratified by the President April 22, 1846; ratifications exchanged August 12, 1846; proclaimed September 9, 1846. (Treaties and Conventions, 1889, p. 981.)
I. Taxes abolished.
II. Disposal of real property.
IV. Protection of rights of absent heirs.
VI. Extent of treaty provisions.
The United States of America on the one part and His Majesty the King of Saxony on the other part being equally desirous of removing the restrictions which exist in their territories upon the acquisition and transfer of property by their respective citizens and subjects, have agreed to enter into negotiations for this purpose.
For the attainment of this desirable object the President of the United States of America has conferred full powers on
Henry Wheaton their Envoy extraordinary and Minister plenipotentiary at the Court of His Majesty the King of Prussia, and lis Majesty the King of Saxony upon
John DeMinckwitz, his Minister of State, Lieutenant-General, Envoy extraordinary and Minister plenipotentiary at the said Court, who, after having exchanged their said full powers, found in due and proper form, have agreed to the following articles:
Every kind of droit d'aubaine, droit de retraite, and droit de détraction, or tax on Emigration, is hereby and shall remain abolished, between the two contracting Parties, their states, citizens and subjects respectively.
Where, on the death of any person holding real property within the territories of one party, such real property would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, or where such real property has been devised by last will and testament to such citizen or subject, he shall be allowed a term of two years from the death of such person, which term may be reasonably prolonged according to circumstances,-to sell the same and to withdraw the proceeds thereof without molestation, and exempt from all duties of detraction on the part of the Government of the respective states.
The citizens or subjects of Each of the contracting Parties shall have power to dispose of their personal property within the states of the other, by testament, donation or otherwise, and their heirs, being citizens or subjects of the other contracting Party, shall succeed to their said personal property, whether by testament or ab intestato, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country, where the said property lies, shall be liable to pay in like cases.
In case of the absence of the heirs, the same care shall be taken provisionally of such real or personal property, as would be taken, in a like case, of the property belonging to the natives of the country, until the lawful owner, or the person who has a right to sell the same, according to article 2, may take measures to receive or dispose of the inheritance.
If any dispute should arise between the different claimants to the same inheritance, they shall be decided, according to the laws and by the judges of the country where the property is situated.
All the stipulations of the present convention shall be obligatory in respect to property, already inherited, devised, or bequeathed, but not yet withdrawn from the country where the same is situated, at the signature of this convention.
This convention shall be ratified by the President of the United States of America, by and with the advice and consent of their Senate, and by His Majesty the King of Saxony and the ratifications shall be exchanged at Berlin within the term of eighteen months, from the date of the signature or sooner if possible.
In faith of which, the respective Plenipotentiaries have signed the above Articles, both in German and English, and have thereto affixed their seals.
Done in triplicata in the city of Berlin, on the 14th of May, in the year of our Lord one thousand eight hundred and forty five and the sixty ninth of the Independence of the United States of America.
(SEE GERMAN EMPIRE.)
The Principality of Schaumburg-Lippe, June 7, 1854, acceded to the Extradition Convention concluded with Prussia and other German States, June 16, 1852, and the additional article of November 16, 1852. S. Doc. 318, 58-2-44
CONVENTION OF COMMERCE AND NAVIGATION.
Concluded October 14, 1881; ratification advised by the Senate July 5, 1882; ratified by the President July 14, 1882; ratifications exchanged November, 15, 1882; proclaimed December 27, 1882. (Treaties and Conventions, 1889, p. 984.)
The United States of America and His Highness the Prince of Serbia, animated by the desire of facilitating and developing the commercial relations established between the two countries, have determined with this object to conclude a Treaty, and have named as their respective plenipotentiaries, viz:
The United States of America, Eugene Schuyler, their Chargé d'affaires and Consul General at Bucarest;
His Highness, the Prince of Serbia, Monsieur Ched. Mijatovitch, His Minister of Foreign Affairs, Grand Officer of His Order of Takova, &c. &c. &c.
Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:
There shall be reciprocally full and entire liberty of commerce and navigation between the citizens and subjects of the two High Contracting Powers, who shall be at liberty to establish themselves freely in each other's territory.
Citizens of the United States in Serbia and Serbian subjects in the United States shall reciprocally, on conforming to the laws of the country, be at liberty freely to enter, travel or reside in any part of the respective territories, to carry on their business, and shall enjoy in this respect for their persons and property the same protection as that enjoyed by natives or by the subjects of the most favoured nation.
They shall be at liberty to exercise their industry and trade both by wholesale and by retail in the whole extent of both territories, without being subjected as to their persons or property, or with regard to the exercise of their trade or business to any taxes, whether general or
local, or to any imposts or conditions of any kind other or more onerous than those which are or may be imposed upon natives or upon the subjects of the most favoured nation.
In like manner in all that relates to local taxes, customs formalities, brokerage, patterns or samples introduced by commercial travellers, and all other matters connected with trade, citizens of the United States in Serbia and Serbian subjects in the United States shall enjoy the treatment of the most favoured nation, and all the rights, privileges, exemptions and immunities of any kind enjoyed with respect to commerce and industry by the citizens or subjects of the High Contracting Parties, or which are or may be hereafter conceded to the subjects of any third power, shall be extended to the citizens or subjects of the other.
In all that concerns the right of acquiring, possessing, or disposing of every kind of property, real or personal, citizens of the United States in Serbia and Serbian subjects in the United States, shall enjoy the rights which the respective laws grant or shall grant in each of these states to the subjects of the most favoured nation.
Within these limits, and under the same conditions as the subjects of the most favoured nation, they shall be at liberty to acquire and dispose of such property, whether by purchase, sale, donation, exchange, marriage contract, testament, inheritance, or in any other manner whatever, without being subject to any taxes, imposts, or charges whatever other or higher than those which are or shall be levied on natives or on the subjects of the most favoured state.
They shall likewise be at liberty to export freely the proceeds of the sale of their property, and their goods in general, without being subjected to pay any other or higher duties than those payable under similar circumstances by natives or by the subjects of the most favoured state.
Merchants, manufacturers, and trades people in general of one of the two contracting countries travelling in the other, or sending thither their clerks and agents, whether with or without samples-in the exclusive interest of the commerce or industry that they carry on, and for the purpose of making purchases or sales, or receiving commissions, shall be treated with regard to their licenses, as the merchants, manufacturers and trades people of the most favoured nation. It is understood, however, that the preceding stipulations do not affect in any way the laws and regulations in force in each of the two countries applicable to all foreigners as respects peddling and hawking. The citizens and subjects of the Contracting Parties shall be reciprocally treated as the natives of the country, or as the subjects of the most favoured nation, when they shall go from one country to the other to visit fairs and markets for the purpose of exercising their commerce and selling their products.
No obstacle shall be placed in the way of the free movements of travellers, and the administrative formalities relative to travelling passports shall be restricted to the strict necessities of the public service on passing the frontiers.
Citizens of the United States in Serbia and Serbian subjects in the United States shall be reciprocally exempted from all personal service, whether in the army by land or by sea, whether in the national guard or militia, from billeting, from all contributions, whether pecuniary or in kind, destined as a compensation for personal service, from all forced loans, and from all military exactions or requisitions.
The liabilities, however, arising out of the possession of real property and for military loans and requisitions to which all the natives might be called upon to contribute as proprietors of real property or as farmers, shall be excepted.
They shall be equally exempted from all obligatory official, judicial, administrative or municipal functions whatever.
They shall have reciprocally free access to the courts of justice on conforming to the laws of the country, both for the prosecution and for the defence of their rights in all the degrees of jurisdiction established by the laws. They can employ in every case advocates, lawyers and agents of all classes authorized by the law of the country, and shall enjoy in this respect, and as concerns domiciliary visits to their houses, manufactories, warehouses, or shops, the same rights and advantages as are or shall be granted to the natives of the country, or to the subjects of the most favoured nation.
It is understood that every favour or exemption which shall be subsequently granted in this matter to the subjects of a foreign country by one of the two Contracting Powers shall be immediately and by right extended to the citizens or subjects of the other Party.
Neither of the Contracting Parties shall establish a prohibition of importation, exportation, or transit against the other which shall not be applicable at the same time to all other nations, except the special measures that the two countries reserve to themselves the right of establishing for a sanitary purpose, or in event of a war.
As to the amount, the guarantee and the collection of duties on imports and exports, as well as regards transit, re-exportation, warehousing, local dues, and custom-house formalities, each of the two High Contracting Parties binds itself to give to the other the advantage of every favour, privilege or diminution in the tariffs on the import or export of the articles mentioned or not in the present convention, that it shall have granted to a third power. Also every favour or immunity which shall be later granted to a third power shall be immediately extended and without condition, and by this very fact to the other Contracting Party.
The products of the soil or of the industry of Serbia which shall be imported into the United States of America, and the products of the soil or of the industry of the United States which shall be imported into Serbia, and which shall be destined for consumption in the country, for warehousing, for re-exportation, or for transit, shall be subjected to the same treatment, and shall not be liable to other or higher duties than the products of the most favoured nation.