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Representative in Guatemala by the Honduranean Minister in Guatemala.
IV Within four months of the presentation of the answer of Honduras, the Government of His Britannic Majesty may, if they think it necessary, present to the Royal Arbitrator and to the Government of Honduras a reply to the answer. Such reply shall be presented to the Government of Honduras in the same manner as the British memorial.
V The memorial and the reply shall be in the English language, accompanied by a translation into Spanish. The answer shall be in Spanish, accompanied by a translation into English. These pleadings shall all be printed. They shall be accompanied by such documents and proofs as may be considered necessary by the government presenting them, but neither government shall be entitled to put in any further evidence as to the events which occurred on the 16th June, 1910, beyond that which was given before, or taken into consideration by, the abovementioned court of enquiry at La Ceiba.
In matters not provided for in the present arrangement, the proceedings shall be regulated by such of the provisions of the Convention for the Pacific Settlement of International Disputes signed at The Hague the 18th October, 1907, as the Royal Arbitrator may consider to be applicable.
If the award of the Royal Arbitrator is in favor of Great Britain, the award shall specify the amount of the pecuniary indemnity to be paid by the Government of Honduras to the Government of His Britannic Majesty. Such indemnity shall be paid by the Government of Honduras within three months dating from the notification to them of the award of the Royal Arbitrator.
Each party shall bear its own expenses and a moiety of the common expenses of the arbitration.
In witness whereof the aforesaid representatives of the Governments of Great Britain and Honduras have signed in triplicate the present arrangement, and have affixed thereto their seals, in the city of Tegucigalpa, this fourth day of April, one thousand nine hundred and fourteen.
(L. S.) CHARLES ALBAN YOUNG, (L. S.) MARIANO VÁSQUEZ.
AGREEMENT FOR THE ARRANGEMENT OF THE MASICA INCIDENT
The Government of Honduras engages within three days to remove from his post the Mayor de Plaza of the Department of Atlántida, Don Joaquín Medina, pending the course of the judicial inquiry. His trial is to be commenced with all the urgency which the case demands, and shall take place under the following conditions:
(a) As a guarantee of impartiality, the substitution of the present Judge of Letters of the Department of Atlántida will be proposed to the Supreme Court of Justice; the Licentiate Don Serapio Hernández y Hernández, who is acceptable to both parties, shall be appointed in his stead.
(b) In order still further to avoid any suspicion of partiality during the trial, the Governor and Commandant of the Department shall temporarily leave his post: he shall have absented himself within eight days from the date of this agreement, and shall remain away during the course of the summary proceedings.
(c) The British Consul at Puerto Cortes, or failing him, some other person especially named by the British Legation, shall be present at the judicial sittings of the court at La Ceiba.
In the event of the Mayor de Plaza being found guilty, the Government of Honduras will grant a proper indemnity to the family of the late Thurston, as also to the wounded man Robinson. The amounts payable in this respect shall be agreed upon later with the English Legation.
GODFREY HAGGARD, His Britannic Majesty's
Chargé d'Affaires. (L. S.)
R. RIVERA RETES. TEGUCIGALPA, August 13, 1910.
TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED KINGDOM
1 AND HONDURAS
Signed at Guatemala, May 5, 1910; ratifications exchanged at Guatemala,
June 21, 1915
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Excellency the President of the Republic of Honduras, being desirous of further facilitating and extending the commercial relations already existing between their respective countries, have determined to conclude a treaty of commerce and navigation with this object, and have appointed as their plenipotentiaries, that is to say:
His Majesty the King of the United Kingdom of Great Britain and Ireland, Lionel Edward Gresley Carden, Esquire, His Majesty's Minister Resident and Consul-General in Central America; and
His Excellency the President of the Republic of Honduras, Doctor Manuel Francisco Barahona, Honduranean Chargé d'Affaires, in Guatemala;
Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles:
ARTICLE I There shall be between the territories of the two contracting parties reciprocal freedom of commerce and navigation. The subjects or citizens of each of the two contracting parties shall
1 Great Britain, Treaty Series, 1915, No. 7.
have liberty freely to come, with their ships and cargoes, to all places and ports in the territories of the other, to which native subjects or citizens are, or may be permitted to come, and shall enjoy the same rights, privileges, liberties, favors, immunities and exemptions in matters of commerce and navigation as are or may be enjoyed by native subjects or citizens.
The subjects or citizens of each of the contracting parties shall not be subject in respect of their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, or to imposts or obligations of any kind whatever, other or greater than those which are or may be imposed upon native subjects or citizens or subjects or citizens of the most favored nation.
The contracting parties agree that in all matters relating to commerce, navigation, and industry, any privilege, favor, or immunity which either contracting party has actually granted or may hereafter grant to the subjects or citizens of any other foreign state, shall be extended immediately and unconditionally to the subjects or citizens of the other, it being their intention that the commerce, navigation, and industry of each country shall be placed in all respects on the footing of the most favored nation.
The subjects or citizens of each of the contracting parties in the territories of the other shall be at full liberty to acquire and possess every description of property, movable and immovable, which the laws of the country permit, or shall permit the subjects or citizens of any other foreign country to acquire and possess. They may dispose of the same by sale, exchange, gift, marriage, testament, or in any other manner or acquire the same by inheritance, under the same conditions which are or shall be established with regard to native subjects or citizens. They shall not be subjected in any of the cases mentioned to any taxes, imposts or charges of whatever denomination other or higher than those which are or shall be applicable to native subjects or citizens.
The subjects or citizens of each of the contracting parties, shall also be permitted, on compliance with the laws of the country, freely to export the proceeds of the sale of their property and their goods in general without being subjected, as foreigners, to other or higher duties than those to which subjects or citizens of the country would be liable under similar circumstances.
The subjects or citizens of each of the contracting parties:
1. Shall have full liberty with their families to enter, leave, travel, or reside in any part of the territories of the other contracting party.
2. They shall be exempted from all compulsory military service whatever, whether in the army, navy, national guard or militia.
3. They shall be equally exempted from all judicial functions whatever, other than those imposed by the laws relating to juries, as well as from all extraordinary war contributions, forced loans, and every species of military requisitions or service.
4. In all other matters affecting their persons or property, any privilege, favor or immunity which either contracting party has actually granted, or may hereafter grant to the subjects or citizens of any other foreign state, shall be extended immediately and unconditionally to the subjects or citizens of the other.
ARTICLE V The dwellings, manufactories, warehouses and shops of the subjects or citizens of each of the contracting parties in the territories of the other and all premises appertaining thereto destined for purposes of residence or commerce, shall be respected.
It shall not be allowed to make a search of, or a domiciliary visit to such dwellings and premises or to examine or inspect books, papers or accounts, except under the conditions and with the forms prescribed by the laws for subjects or citizens of the country or of the most favored nation.
The subjects or citizens of each of the two contracting parties in the territories of the other shall have free access to the courts of justice for the prosecution and defence of their rights without other conditions, restrictions, or taxes beyond those imposed on native subjects or citizens.
ARTICLE VI The articles, the produce or manufacture of one of the contracting parties, imported into the territories of the other, from whatever place