Page:United States Statutes at Large Volume 18 Part 2c.djvu/697

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" DROIT D*AUBAINE AND TAXES ON EMIGRATION, (JONOLUDED AT BERLIN MAY 14, 1845; RATIFICATION ADVISED BY SENATE, WITH AMENDMENT, APRIL 15, 1846; RATIFIED BY PRESIDENT APRIL 22, 1846; RATIFICATIONS EXCHANGED AT BERLIN AUGUST 12, 1846; PROCLAIMED SEPTEMBER sa, 1846. C,,,,,,,.,,,,,,,,g 1,,,,. The United States of America, on the one part, and His Majesty the ties. King of Saxony, ou the other part, being equally desirous of reinovin g 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. _ _ Negotiators, 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 His Majesty the King of Saxony upon John DeMinckwitz, his Minister of State, Lieutenant-General, Envoy Extraordinary and Minister Plenipotentiary at the said Court; V Who, after having exchanged their said full powers, found in due and proper form, have agreed to the following articles: A1zr1o1.E I. Droit umubsino, Every kind of droit d’aubaine, droit de retraite, and droit de detrac- &¤·» ¤b°h¤h°d· tion or tax on emigration, is hereby and shall remain abolished between the two contracting parties, their States, citizens, and subjects, respectively. ` Anrroma II. Heirs t o r e al Where, on the death of any person holding real property within the ter- P¥`0P°TtY· ritories of one party, such real property would by the laws of the land [Sw Artivic IV-] 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 détraction on the part of the Government of the respective States. ART1oLE III. p,,,,,,,,; ,,,,,1;,,. The citizens or subjects of each of the contracting parties shall have heritance of per- power to dispose of their personal property within the States of the ¤°¤¤l P*°P°*'*Y· 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 intestate, and may take possession thereof, either by themselves or by others acting tor 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.