[Montenegro.] No. 360.-PROTOCOL between Turkey and Montenegro, for the Regulation of Private Interests on the Frontier of Montenegro. Cettigné, 3rd May, 1864.* 5. Actual Possession of Property. Sale of Properties not exchanged. Reimbursement of purchased Properties. 6. Payments on Sale of Properties. 7. Protocols of Exchange or Sale to be signed by the Commissioners. 8. Proprietors to Sign Acts of Renunciation. 9. Acts of Renunciation to be signed in the Native Language. 10. Mountain Pasturages, &c., to be mutually abandoned. 11. Exceptions. 12. Churches on the Frontier. 13. Immediate Possession of Properties by new Proprietors. 14. Proprietors not attending Commission to be represented by Attorney. 15. Acts of Renunciation to be given by Attorney. 16. New Landmarks to be Erected. 17. Commission to explain Provisions of Protocol to Inhabitants. (Translation.) LIEUTENANT-COLONEL Hafiz Bey, Ottoman Commissioner, and the Voivode and Senator Giuro Matanovieh, Commissioner for Montenegro, assembled in a Preparatory Conference, have, by common consent, agreed upon the following dispositions, as the basis of their operations, relative to the Regulation of Private Interests on the Frontier described by the Mixed Commission in 1859. Labours of Turco-Montenegrin Commission. ART. I. The Turco-Montenegrin Commission shall immediately commence its labours, taking Presika as the point of departure. Italian Language to be used. ART. II. The Procès-verbaux of the said Commission shall be written in the Italian language. * See also Protocols of 28th November, 1858, and 17th April, 1860; Turkish Conditions of 31st August, 1862; and Procès-Verbal of 26th October, 1866. [Montenegro.] Exchange of Private Properties. ART. III. Private Properties within and without the Frontier shall be exchanged between the Proprietors, according to the decision of the Commission, which shall only decide after an estimate has been made by Turkish and Montenegrin Experts of equal number; the Commission shall settle the difference by its decision. Sale of Properties. ART. IV. The Properties not exchanged shall be sold. Actual Possession of Property. ART. V. Every Property, of whatever nature it may be, possessed by a person at the time of the labours of the Mixed Commission in 1858 and 1859 (No. 288),* shall be recognised by the actual Turco-Montenegrin Commission as the legitimate Property of the said person. Sale of Properties not exchanged. The said Properties shall naturally be ceded by means of Exchange. When the Exchange shall not be possible, they shall be sold, and the buyer shall pay the price of the Property, according to the estimate in the manner specified in Article VI. Reimbursement of Purchased Properties. As to the Properties which shall have changed masters by means of purchase after that period, those Properties shall be restored in exchange for the price of purchase, which shall be reimbursed to the last Proprietor. Payments on Sale of Properties. ART. VI. To facilitate these transactions, Turkey and Montenegro take upon themselves the Indemnity to be paid to the Proprietors, each in so far as concerns his Natives. At the end of the operations, the Authorities shall remain indebted one towards the other in the sums paid. Protocols of Exchange or Sale to be signed by the Commissioners. ART. VII. For each Exchange or Sale, a Protocol shall be signed in Duplicate by the two Commissioners, and after the signature, the exchange of that Act shall be made between them. * Major Francis Edward Cox, R.E., was the British Member of the Montenegrin Boundary Commission from March to July, 1859. [Montenegro.] Proprietors to sign Acts of Renunciation. ART. VIII. To avoid all disagreement in future, the Turkish and Montenegrin Proprietors shall sign an Act of Renunciation to their Rights of Possession, and after the counter-signature of the Commissioners, those Acts shall be reciprocally exchanged. Acts of Renunciation to be signed in the Native Language. ART. IX. The Act of Renunciation shall be written in the Native Language of the Proprietor, the counter-signature of the Commissioners shall be in the Italian Language, and in the said Act mention shall be made of the manner in which the Proprietor abandons his Rights of Possession. Mountain Pasturages, &c., to be mutually abandoned. ART. X. Mountain Pasturages, Forests, Waters, being Communal Properties, shall be reciprocally abandoned without sale or exchange. Exceptions. ART. XI. Exception shall be made to the preceding Article for Pasturages, Forests, Waters, recorded in the observations of the Specification Sheet of the Mixed Commission of 1859, and which have been considered necessary by the Commissioners for the common use of the Turkish and Montenegrin Inhabitants. Churches on the Frontier. ART. XII. Certain Churches on the Frontier, recorded in the Specification Sheet of the Mixed Commission of 1859, shall be used in common on both sides. Immediate Possession of Properties by new Proprietors. ART. XIII. Properties exchanged or sold shall be immediately taken possession of by their new Proprietors. The Harvest of this year shall be reaped by those who have sown it. Proprietors not attending Commission to be represented by Attorney. ART. XIV. Proprietors who shall not be able to attend before the Commissioners shall be represented by some person entrusted with his Power of Attorney. Such delegation of power shall be attested by two witnesses. [Montenegro.] Act of Renunciation to be given by Attorney. ART. XVI. The Attorney shall give the Act of Renunciation to the Rights of Possession, and that Act, signed also by witnesses, shall be as valid as if it bore the signature of the Proprietor himself. New Landmarks to be erected. ART. XVII. All the Landmarks on the Frontier shall be newly erected in masonry in the form of a pyramid. The Turkish and Montenegrin Inhabitants shall supply the necessary conveyance of lime, sand, water, stones, &c. If found necessary, intermediate Landmarks will be erected, and ditches shall be dug in the fields, in order the better to define the line of demarcation, and avoid in future all misunderstanding, complaint, or trouble. The Landmarks shall, on the side of Turkey, be numbered in Turkish, and on the side of Montenegro, the number shall be in French. Commission to explain Provisions of Protocol to Inhabitants. ART. XVIII. The Commission will explain its decision to the Inhabitants on both sides of the Frontier, will make them understand their importance, in order that they may have no excuse in future, and recall them to the respect due to the Acts of the Commission, and to the expediency of the preservation of the Landmarks which they have erected. Done in duplicate at Cettigné, 3rd May, 1864. For and by Order of His Highness the Prince of Montenegro, the Voivode and Senator, GIURO MATANOVICH. The Ottoman Commissioner, HAFIZ. [Ionian Islands. Cessation of British Protectorate.] No. 361.-PROTOCOL between the Lord High Commissioner of Great Britain and the Commissioner Extraordinary of Greece, for the Withdrawal of the British Military Forces from the Ionian Islands. Corfu, 28th May, 1864. Preamble. Reference to Treaty of 29th March, 1864. 1. Withdrawal of Military Forces, &c., of Great Britain from the Ionian Islands. 2. Form and manner of Withdrawal. 3. Delivery of Fortifications, Archives, &c. 4. Performance of Forms and Ceremonies to be considered as Final Dis charge. Performance of Stipulations to be reported to respective Governments. PROCLAMATION of Lord High Commissioner. Protectorate over the Ionian Islands. Cessation of the British Reference to Treaty of 29th March, 1864. "WHEREAS a Treaty was signed in London on the 7th March, 1864 (No. 357), between their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, and the Emperor of All the Russias, on the one part, and His Majesty the King of the Hellenes on the other part, respecting the Union of the Ionian Islands to the Kingdom of Greece; and whereas his Excellency the Lord High Commissioner of Her Britannic Majesty has received instructions to carry out the stipulations contained in Article IX of the said Treaty; and whereas M. Thrasybulus Zaïmis, Extraordinary Commissioner of the Government of His Majesty the King of the Hellenes, has been empowered by his Government to concert measures with his Excellency the Lord High Commissioner as to the manner and form in which such Stipulations shall be carried out, it is hereby stipulated by them as follows: Withdrawal of Military Forces, &c., of Great Britain, from the Ionian Islands. 21st May next, the "ART. I. At 12 o'clock on the morning of the Civil Authorities and Military Forces of Her Britannic Majesty shall be withdrawn from the Territories of the United States of the Ionian Islands. |