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authority without permission from the Government of Guatemala. shall be considered as a foreigner; however, he may recover Guatemalan nationality by fulfilling the formalities established in articles 4 and 5.

ARTICLE 8. A Guatemalan naturalized in another country shall, on returning to Guatemala, continue subject to the obligations of his original nationality, suspended only during his absence, and the allegation that he has been naturalized in another country can not exempt him from fulfilling them.

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TITLE VII.-Single chapter. Naturalization of foreigners.

ARTICLE 86. The procedure to be followed in order to acquire naturalization in accordance with clause 3, article 7, of the constitution of the Republic shall be as follows: The applicant must prove to the chief civil magistrate of the department that he has resided two years in the Republic and that he has observed good conduct and has an income, profession, art, trade, or some other honorable way of making a living. The proof of these points may be by documents or by witnesses. When the proof has been furnished the civil magistrate shall transmit it to the department of foreign affairs, and when the application has been examined the President of the Republic shall issue a decree granting the naturalization, provided the conditions imposed have been fulfilled. When the decree has been issued, a copy thereof shall be sent to the civil register so that it may be recorded according to law.

ARTICLE 87. In order to make the reservation of nationality mentioned in article 7 of the constitution of the Republic, as well as the declaration referred to in article 6 of the same law, the parties concerned shall apply in writing to the chief civil magistrates of the departments, who, after having them ratify their application, shall transmit it to the department of foreign affairs, which shall issue the proper certificate upon payment of a fee of one dollar plus the amount of the stamped paper used. This certificate must be recorded in the civil register in order to be effective.

ARTICLE 88. Any foreigner may be naturalized in Guatemala, without distinction of origin, in conformity with the provisions of article 86.

ARTICLE 89. Naturalization may be express, tacit, or presumed.

ARTICLE 90. Naturalization papers are divided into two classes, viz, those in the nature of a grant and those in the nature of a declaration. The former contain a grant of express naturalization, while the latter contain a declaration that the interested parties have been naturalized by virtue of the law because of having performed certain acts, or, what is the same, having made a declaration of tacit naturalization.

ARTICLE 91. Papers declaring tacit naturalization are retroactive in their effects to the date in which the legal act was performed which brought about the change of nationality in contradistinction to papers granting naturalization, which become effective from and after the day of their issue.

ARTICLE 92. Naturalization papers can not be granted to the following: To the subject of a nation engaged in a war with Guatemala or to those who are reputed or declared judicially in any country as

pirates, slave traders, incendiaries, poisoners, parricides, or counterfeiters of money or bank notes or other paper used as money. ARTICLE 93. Tacit naturalization is effected.

1. By omitting to make the reservation mentioned in clause 1 of the constitution of the Republic.

2. By accepting any of the offices or public employments reserved for Gautemalans.

ARTICLE 94. A naturalized person acquires all the rights and contracts all the obligations of Gautemalans, with the exceptions made in the ensuing articles.

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ARTICLE 5. Besides the obligations incumbent upon the heads of diplomatic missions in the discharge of their office in conformity with international law and the instructions which may be given them by the department of foreign affairs, they shall have the following duties:

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11. To protect Guatemalan citizens and look after the safety of their persons and property, seeing that the benefit of the laws and the rights belonging to them are never denied them under any pretext.

CHAPTER I.-The Consular Service.

ARTICLE 1. In establishing consulates in foreign countries the executive shall take into account:

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16. Consuls shall afford to Guatemalans residing in their district, as well as to their interests and property, the same protection which the Republic should afford to said persons and property abroad.

17. By virtue hereof they are entitled to exercise over them the authority which the nation reserves to itself in that regard in spite of the fact that such persons and interests are located outside of its territory.

18. With regard to the protection which they are to afford, as well as the authority which they are to exercise, they shall comply strictly with the provisions of the regulations and of the laws on the subject.

19. By virtue of their duties to afford protection they shall see that Guatemalans enjoy with regard to their persons and their property all the rights which are granted to them by treaties, or, failing the latter, according to the general principles of international law, and by the laws or practice prevailing with respect to foreigners in the country in which they are located.

a Edition of 1900.

H. Doc. 326, 59-2-28

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 recessary 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 ineans 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

• 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.

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