Bermuda Consolidated Legislation

 

CONVENTION BETWEEN THE UNITED KINGDOM
AND THE UNITED STATES OF AMERICA RELATIVE
TO THE DISPOSAL OF REAL AND PERSONAL PROPERTY

SIGNED AT WASHINGTON, MARCH 2, 1899

(Ratification exchanged at Washington, July 28, 1900)

Her Majesty the Queen of the United Kingdom of Great Britain and Ire land, and the United States of America, desiring to improve the condition of the subjects and citizens of each of the respective countries in relation to the tenure and disposition of real and personal property situated, or being within, the territories of the other, as well as to authorise the rep resentation of deceased persons by the Consuls of their respective na tions in the settlement of estates, have resolved to conclude a convention for those purposes, and have named as their Plenipotentiaries:

Her Majesty the Queen of the United Kingdom of Great Britain and Ire land, the Right Honourable Sir Julian Pauncefote, Knight Grand Cross of the Orders of the Bath and of St. Michael and St. George, Ambassador Extraordinary and Plenipotentiary of Great Britain:

And the President of the United States of America, the Honourable John Hay, Secretary of State of the United States of America:

Who, having exchanged their said full powers, found in due and proper form, have agreed and signed the following Articles:

ARTICLE I

Where, on the death of any person holding real property (or property not personal) within the territories of one of the Contracting Parties, such real property would, by the laws of the land, pass to a subject or citizen of the other, were he not disqualified by the laws of the country where such real property is situated, such subject or citizen shall be allowed a term of three years in which to sell the same, this term to be reasonably prolonged if circumstances render it necessary, and to withdraw the pro ceeds thereof without restraint or interference and exempt from any suc cession, probate or administrative duties or charges other than those which may be imposed in like cases upon the subjects or citizens of the country from which such proceeds may be drawn.

ARTICLE II

The subjects or citizens of each of the Contracting Parties shall have full power to dispose of their personal property within the territories of the other by testament, donation or otherwise: and their heirs, legatees and donees, being subjects or citizens of the other Contracting Party, whether resident or non-resident, shall succeed to their said personal property, and may take possession thereof either by themselves, or by others act ing for them, and dispose of the same at their pleasure, paying such du ties only as the citizens or subjects of the country where the property lies shall be liable to pay in like cases.

ARTICLE III

In case of the death of any subject of Her Britannic Majesty in the United States, or any citizen of the United States of America in the United King dom of Great Britain and Ireland, without having, in the country of his decease, any known heirs or testamentary executors by him appointed, the competent local authority shall at once inform the nearest Consular Officer of the nation to which the deceased person belonged of the cir cumstances in order that the necessary information may be immediately forwarded to persons interested.

The said Consular Officer shall have the right to appear, personally or by delegate, in all proceedings on behalf of the absent heirs or creditors un til they are otherwise represented.

ARTICLE IV

The stipulation of the present Convention shall not be applicable to any of the Colonies or foreign possessions of Her Britannic Majesty unless notice to that effect shall have been given, on behalf of any such Colony or foreign possession, by Her Britannic Majesty's Representative at Washington to the United States' Secretary of State within one year from
the date of the exchange of the ratification of the present Convention.

It is understood that under the provisions of this Article Her Majesty can in the same manner give notice of adhesion on behalf of any British Pro tectorate or sphere of influence, or on behalf of the Island of Cyprus, in virtue of the Convention of the 4th June, 1878, between Great Britain and Turkey.

The provisions of this Convention shall extend and apply to any territory or territories pertaining to or occupied and governed by the United States beyond the seas only upon notice to that effect being given by the Repre sentative of the United States at London, by direction of the Treaty-making power of the United States.

ARTICLE V

In all that concerns the right of disposing of every kind of property, real or personal, subjects or citizens of each of the High Contracting Parties shall in the Dominions of the other, enjoy the rights which are or may be accorded to the subjects or citizens of the most favoured nation.

ARTICLE VI

The present Convention shall come into effect ten days after the day upon which the ratifications are exchanged, and shall remain in force for ten years after such exchange. In case neither of the High Contracting Parties shall have given notice to the other twelve months before the ex piration of the said period of ten years of the intention to terminate the present Convention, it shall remain in force until the expiration of one year from the day on which either of the High Contracting Parties shall have given such notice.

Her Britannic Majesty or the United States shall also have the right sepa rately to terminate the present Convention at any time, on giving twelve months' notice to that effect in regard to any British Colony, foreign pos session, or dependency, as specified in Article IV, which may have ac ceded thereto.

ARTICLE VII

The present Convention shall be duly ratified by Her Britannic Majesty and by the President of the United States, by and with the approval of the Senate thereof, and the ratifications shall be exchanged in London or in Washington.

In faith whereof we, the respective Plenipotentiaries, have signed this Treaty, and have hereunto affixed our seals.

Done in duplicate at Washington, the second day of March, one thou sand eight hundred and ninety-nine.

(L.S.) JULIAN PAUNCEFOTE.

(L.S.) JOHN HAY

 

[text was originally set out in the Schedule to the Alien Act, 1926 ‑ Revision of 1952 Vol. II page 1221-1223]