Foreigners, in whatever locality they may be, may freely submit themselves to the jurisdiction of the council of elders or of the tribunal of the canton without the assistance of the consul in cases which do not exceed the competency of these councils or tribunals, reserving always the right of appeal before the tribunal of the arrondissement, where the case may be brought and tried with the assistance of the consul or his delegate.
The consent of a foreigner to be tried as above stated, without the assistance of his consul, shall always be given in writing and in advance of all procedure.
It is well understood that all these restrictions do not concern cases which have for their object questions of real estate, which shall be tried and determined under the conditions established by the law.
The right of defense and the publicity of the hearings shall be assured in all cases to foreigners who may appear before the Ottoman tribunals, as well as to Ottoman subjects.
The preceding dispositions shall remain in force until the revision of the ancient treaties, a revision which the Sublime Porte reserves to itself the right to bring about hereafter by an understanding between it and the friendly powers.
In witness whereof the respective plenipotentiaries have signed the protocol and have affixed thereto their seals.
Done at Constantinople the 11th of August, 1874.
[SEAL.] (Signed) A. AARIFI.
[SEAL.] (Signed) GEO. H. BOKER.
[Translation.]
LAW CONCEDING TO FOREIGNERS THE RIGHT OF HOLDING REAL
ESTATE IN THE
OTTOMAN EMPIRE.
Imperial Rescript.—Let it be done in conformity with the contents. 7 Sepher, 1284 (January 18, 1867).
With the object of developing the prosperity of the country, to put an end to the difficulties, to the abuses, and to the uncertainties which have arisen on the subject of the right of foreigners to hold property in the Ottoman Empire, and to complete, in accordance with a precise regulation, the safeguards which are due to financial interests and to administrative action, the following legislative enactments have been promulgated by the order of His Imperial Majesty the Sultan:
ARTICLE I. Foreigners are admitted by the same privilege as Ottoman subjects, and without any other restriction, to enjoy the right of holding real estate, whether in the city or the country, throughout the Empire, with the exception of the Province of the Hedjaz, by submitting themselves to the laws and the regulations which govern Ottoman subjects as is hereafter stated.
This arrangement does not concern subjects of Ottoman birth who have changed their nationality, who shall be governed in this matter by a special law.
ART. II. Foreigners, proprietors of real estate in town or in country, are in consequence placed upon terms of equality with Ottoman subjects in all things that concern their landed property.