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20. If the rights of their compatriots should be violated by unjust or arbitrary acts on the part of the local authorities, they should support the parties concerned in the representations which they make before the proper authorities, while also complying with the provisions of article 21 of the regulations, it being their duty, on submitting the case to the legation of Guatemala or the ministry of foreign affairs, to send a copy of all the correspondence which has been exchanged regarding the matter, and a detailed account of all proceedings taken.

21. Intervention by consuls in such cases should be preceded by a careful and minute investigation of the case in question, so that their intervention may in no case be lent in favor of unjust or unfounded claims.

22. In case of civil or international war, and, in the latter case, whether or not the nation in which they are serving takes part therein, they shall observe the strictest neutrality, and shall also see that it is rigorously observed by the Guatemalans of their district.

23. Consuls shall lend their aid to Guatemalans not only in representations which the latter may make before the authorities of the place, but also in all cases in which it may become necessary on account of their knowledge of the country, of its language, or of the local laws and practices, in order to facilitate to them the utilization of the rights which belong to them.

24. With respect to the property of absent Guatemalans who have no legal representative in the place, the consuls shall represent them in all proceedings taken for the purpose of preserving such property and preventing any injury thereto. It is incumbent upon them, therefore to assert the rights of the absentee before the proper authorities, and to furnish to the latter all the data and information reces sary in order to facilitate their action, taking especial care to comply in all respects with treaties and with the laws of the place where they

reside.

25. They should lend their assistance to Guatemalans who are destitute or sick, or who, through no fault of their own, may lack means of subsistence, securing for them honorable occupation, procuring admittance to charitable institutions for those in need thereof, and invoking in their behalf the charity of the Guatemalans within their jurisdiction. In order to lend them assistance at national expense, it is first necessary to obtain an express order from the Government.

[Enclosure IV.-Translation.]

TREATY WITH GERMANY OF SEPTEMBER 20, 1887.

ARTICLE X.

1. The two high contracting parties, being desirous to evade all difficulties that might arise on the question of nationality, agree that those shall be considered as Guatemalans in Germany and as Germans in Guatemala who, having transferred their residence from the one to the other country, have preserved the nationality of their native land in conformity with the laws thereof.

2. They agree, likewise, that the legitimate children of a Guatemalan father born in Germany shall be considered Guatemalan, and the legitimate children of a German born in Guatemala as Germans.

3. Nevertheless, these children on becoming of age, according to the laws of their country, shall prove that they have complied or are complying strictly with the laws relating to military service in their country, and these proofs shall be made by legalized documents through the diplomatic agents of their country, before the authority appointed by the Government for such purpose.

Should they not fulfill this requirement within 12 months from the date they become of age, they may be considered as citizens of the country of their birth.

4. The descendants of those who have preserved the nationality of their father according to paragraph 3 may be considered as citizens of the country of their birth."

HAITI.

[Enclosures in despatch from Mr. Furniss, minister to Haiti, August 6, 1906.]

CONSTITUTION.

[Translation.]

TITLE II.

CHAPTER I.-Haitians and their rights.

ARTICLE 3. The following are Haitians:

1. Every person born in Haiti or elsewhere of a Haitian father. 2. Every person born in Haiti or elsewhere of a Haitian mother, without being acknowledged by his father.

3. Every person born in Haiti of a foreign father, or of a foreign mother if he is not acknowledged by his father, provided that he is a descendant of the African race.

4. All those who have hitherto been recognized as Haitians. ARTICLE 4. Any foreigner may become a Haitian in conformity with the rules established by law.

ARTICLE 5. A foreign woman married to a Haitian follows the status of her husband.

A Haitian woman married to a foreigner loses her Haitian nationality.

In case of a dissolution of the mariage, she may recover her Haitian nationality by fulfilling the formalities prescribed by law.

A Haitian woman who has lost her nationality through her marriage to a foreigner can neither possess nor acquire real estate in Haiti under any title whatsoever.

A law shall regulate the manner in which the real estate which she owned before her marriage shall be expropriated.

ARTICLE 6. No person not a Haitian can be an owner of real estate in Haiti under any title whatsoever, nor acquire any real estate there. ARTICLE 7. Every Haitian who becomes naturalized in due form in

a Text as printed in 79 Brit. and For. State Papers, 741.

a foreign country shall not return to this country within five years, and if he wishes to become a Haitian he shall be obliged to fulfill all the conditions and formalities imposed on foreigners by the law.

TITLE II.

CHAPTER II.-Civil and political rights.

ARTICLE 8. The possession of all civil and political rights constitute citizenship.

The exercise of civil rights is regulated by law independently of political rights.

ARTICLE 9. Every citizen who has attained the age of 21 years shall exercise political rights if he fulfills all the other conditions established by the constitution.

Naturalized Haitians are only permitted to exercise these rights after five years' residence in the Republic.

ARTICLE 10. Haitian citizenship is lost as follows:

1. By naturalization in a foreign country.

2. By abandonment of the country at a time of imminent danger. 3. By unauthorized acceptance of public office or pensions conferred by a foreign government.

4. By any service rendered to the enemies of the Republic or by making compromises with them.

5. By final sentence, after trial, to penalties lasting for life, and which are at once corporal and infamous.

ARTICLE 11. The exercise of political rights is suspended:

1. As the result of becoming a bankrupt, simple or fraudulent.

2. As a result of a judicial interdiction, indictment, or declaration in contumaciam.

3. As a result of a judicial sentence involving a suspension of civil rights.

4. As a result of a judgment corroborating a refusal to perform national guard service or to serve on the jury.

The suspension ceases with the cause which has given rise thereto. ARTICLE 12. The law determines the cases in which citizenship may be recovered, as well as the method of recovery and the conditions to be fulfilled for that purpose.

MR. H. PAULÉUS SANNON, SECRETARY OF FOREIGN AFFAIRS, TO MR. FURNISS, AMERICAN MINISTER, JULY 31, 1906.

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A Haitian may reside abroad as long as he wishes without thereby losing his original nationality. Consequently, the Haitian law is the one which shall regulate his legal status and capacity during the period of his sojourn in a foreign country.

The provisions regarding naturalization are contained in article 14 of the civil code, modified by the law of September 5, 1860, as follows:

All those who are qualified to acquire Haitian citizenship by virtue of the constitution, should, within a month after their arrival in the country, make a declaration before the justice of the peace of their place of residence and in the presence of two respectable citizens that they come with the intention of settling in the Republic. They shall at the same time take an oath before the justice of the peace that they renounce allegiance to all other countries except Haiti. Furnished with a copy of the record of their declaration that they come to establish themselves in the Republic, and of their oath, they shall present themselves at the office of the President of Haiti to receive from the Head of the Nation a certificate recognizing them as citizens of the Republic.

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ART. 6. Honduraneans are either native or naturalized.
ART. 7. The following are native Honduraneans:

1. All persons born or who may be born in the territory of the Republic. The nationality of the children of foreigners, born in Honduranean territory, and that of the children of Honduraneans, born in foreign territory, shall be determined by treaties. If there are no treaties, children born in Honduras of foreign parents domiciled in the country shall be Honduraneans.

2. The natives of other Central American Republics shall be considered as native Honduraneans by virtue of their residing in any part of the territory of Honduras, unless they declare their intention of retaining their nationality before the proper authority.

ART. 8. The following are naturalized Honduraneans:

1. The Spanish-Americans who have resided in the country one. year and declare their desire to become naturalized therein before the proper authority.

2. Other foreigners who have resided in the country two years and declare their desire to become naturalized therein before the proper authority.

3. Those who obtain naturalization papers granted by the authority designated by the law.

TITLE IV. Citizens.

ART. 22. The following persons lose their citizenship:

1. Those who accept employment from foreign nations without the permission of the proper authority. The Central American Republic are not considered as foreign nations.

2. Those who become naturalized in a foreign country. No Honduranean, even though he may acquire foreign nationality, shall become exempt from the duties imposed upon him by the constitution and the laws, as long as he maintains his residence in the Republic.

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ALIEN LAW.

[Translation.]

CHAPTER I.-Foreigners.

ART. 1. The following are foreigners:

1. Those who were neither born in the Republic nor have become naturalized therein.

2. The natives of other Central American Republics who reside in any part of the territory of Honduras and who do not declare their intention to retain their nationality before the proper civil governor. 3. Spanish Americans who have resided one year in Honduras and have not declared their desire to become naturalized in the country before the authority indicated.

4. Honduraneans who become naturalized in another country and remove their residence thereto.

5. Those who serve foreign governments officially without the proper authorization.

ART. 2. The nationality of the children of foreigners, born in Honduranean territory, and the children of Honduraneans, born in foreign territory, shall be determined by treaties.

When there are no treaties, children born in Honduras of foreign parents domiciled in the country are Honduraneans.

ART. 3. For the purpose of determining the place of birth in the cases mentioned in the foregoing article, it is declared that national vessels are a part of the territory of Honduras.

ART. 4. The children of ministers and employees of the legations of the Republic shall not be considered as being born outside of the Republic for the purposes of this law.

ART. 5. Honduranean women who contract marriage with foreigners shall preserve their nationality if they continue to reside in the country.

ART. 6. A change in the nationality of the husband shall not involve a change in the nationality of the wife or of the minor children subject to the paternal authority, provided they reside in Honduras.

ART. 7. The nationality of artificial persons (corporations) is regulated by the law under which they are organized. Therefore all those which are organized in accordance with the laws of the Republic shall be Honduraneans, provided always that they have their legal domicile there.

ART. 8. Foreign corporations enjoy in Honduras the rights granted them by the laws of the country of their domicile, provided they are not contrary to the laws of Honduras and have been recognized by the executive branch of the Government.

CHAPTER II.—Expatriation.

ART. 9. Just as Honduraneans may expatriate themselves by becoming naturalized in another country, by virtue of their individual freedom of action, so may foreigners acquire Honduranean citizenship in conformity with the laws of the Republic.

a Codificacion de 1906.

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