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ART. 222. The present Constitution enters into force on 6/19 December 1905.1

LAW OF 28 AUGUST 1910 PROCLAIMING PRINCE NICHOLAS KING.

ARTICLE 1. The Principality of Montenegro is proclaimed Kingdom of Montenegro.

Art. 2. Prince Nicholas I Petrovitch Niégosch is proclaimed, by the grace of God, Hereditary King of Montenegro. The King and Queen shall have the title of “ Majesty."

Art. 3. The Hereditary Prince Danilo is proclaimed the heir to the throne of Montenegro. The Hereditary Prince, the Hereditary Princess and their children shall have the title of “ Royal Highness.”

Art. 4. All the other children, male or female, of their Majesties shall receive the title of “Royal Highness," and the grandchildren of the latter the title of “ Highness.”

Art. 5. This law comes into force when signed by the Prince Hospodar, and in all the laws of the land the words "Prince" and “ Princely” shall be replaced by “King” and “Royal."

1 In the publication of the Constitution by Nicholas I on Saint Nicholas Day, 1905, the following sentence is appended immediately after Article 222 : “ We order all our ministers to publish the present Constitution and to watch over its observation, the authorities to apply it and all and each to obey it."

2 Published and sanctioned by Nicholas I, Cettinje, 28 August 1910, after passage by the Skupshtina. Translation reprinted from the British and Foreign State Papers, 105 : p. 991.

NICARAGUA.

Shortly after the dissolution of the Central American Union, the State of Nicaragua proclaimed its independence (April 1838) and gave itself, on 12 November 1838, a new Constitution to replace its Federal State Constitution which was dated 8 April 1826. After the bloody wars which troubled the Republic from 1855 to 1857, and the overthrow of the adventurer, William Walker, a Constituent Assembly met at Managua and amended the Constitution on 19 August 1858. The Constitution of 1858, little respected by the political parties which successively contended for the power, gave way in 1893 to a new text adopted by a Constituent Assembly at Managua on 10 December. After the revolution of 1896, the Constitution received important amendments by a law of 15 October 1896.3 The sixth Constitution, dated 30 March 1905,4 gave way to the present Constitution on 10 November 1911."

CONSTITUTION OF 10 NOVEMBER 1911.o

[PREAMBLE]

*In the presence of God, we, the representatives of the Nicaraguan people, in Constituent Assembly hereby decree and sanction the following Political Constitution.

TITLE I.—THE NATION.

ARTICLE 1. Nicaragua is a free, sovereign and independent nation. Its territory which comprises the adjacent islands is situated between the Atlantic and Pacific Oceans and the Republics of Honduras and Costa Rica.

4

1 English translation in the British and Foreign State Papers, 72: pp. 1045–1064. 2 English translation in the British and Foreign State Papers, 86 : pp. 1090–1109.

3 English translation of this law in the British and Foreign State Papers, 94 : pp. 385392.

Spanish text and English translation in parallel columns in J. I. RODRIGUEZ, American Constitutions (Washington, 1906), vol. 1, pp. 300-324.

$ This introductory paragraph is based upon F. R. DARESTE ET P. DARESTE, Les Constitutions modernes (3d edition, Paris, 1910), vol. II, p. 565.

6 Translated by ANTONIO M. Orisso from the official Spanish text as published at Managua, 1912.

ART. 2. The sovereignty is one, inalienable and imprescriptible, and resides essentially in the people, from whom the officials provided for by the Constitution and laws derive their powers. In consequence no compacts or treaties shall be concluded which are contrary to the independence or integrity of the nation, or affect its sovereignty in any way, except such as may look toward union with one or more of the Republics of Central America.

Art. 3. Public officials shall have no other powers than those expressly conferred on them by law. All acts performed by them outside the law are void.

TITLE II.- THE FORM OF GOVERNMENT.

Art. 4. The government of Nicaragua is republican, democratic, representative and centralized. It consists of three independent powers: The legislative, the executive and the judicial.

TITLE III.-RELIGION.

Art. 5. The majority of Nicaraguans profess the Catholic, Apostolic and Roman religion. The State guarantees the free exercise of this form of worship, as well as all others, provided they are not contrary to Christian morals and public order; the enactment of laws favoring or restricting certain forms of worship being prohibited.

TITLE IV.-EDUCATION.

Art. 6. The teaching of any lawful industry, trade or profession is free. Primary instruction shall be compulsory, and that financed by the State shall also be gratuitous. As regards professional instruction, the law shall determine what professions require the granting of a degree previous to the exercise thereof, and the formalities for obtaining it.

TITLE V.-NICARAGUANS.

ART. 7. Nicaraguans are native or naturalized.
Art. 8. The following are natives:

1. Persons born in Nicaragua, of parents who are Nicaraguans or domiciled foreigners.

2. Children who are born abroad of a Nicaraguan father or mother, provided they choose Nicaraguan nationality. ART. 9. The following are naturalized :

1. Natives of other Central American Republics, who reside in Nicaragua, and declare their desire to be Nicaraguans before the competent authority.

2. Foreign women who marry Nicaraguans.

3. Spanish Americans who have resided one year in the country, and other foreigners who have resided there two years, provided they declare their desire to become naturalized before the proper authority.

4. Persons who have secured naturalization papers according to law.

Art. 10. The following persons shall forfeit their Nicaraguan nationality:

1. Those who while residing in Nicaragua voluntarily secure naturalization in a foreign country not situated in Central America. However, they shall recover their Nicaraguan nationality by reestablishing their domicile in Nicaragua at whatever time this may occur.

2. Nicaraguan women who marry foreigners, provided they acquire the nationality of their husbands according to the law of the nation of the latter, but they shall recover Nicaraguan nationality upon becoming widows, if they lose the nationality of their husbands by reason of this cause.

Art. 11. The provisions of this title may be modified by treaties, on condition of reciprocity.

TITLE VI.-FOREIGNERS.

ART. 12. The Republic of Nicaragua shall be a safe asylum for any person seeking refuge in its territory.

ART. 13. Foreigners in Nicaragua shall enjoy all the civil rights of Nicaraguans; they are obliged to respect the authorities and to obey the laws, and, in regard to property acquired by them in the country, they shall be subject to all ordinary or extraordinary taxes levied against Nicaraguans.

ART. 14. Foreigners shall not be allowed to lay claims against or demand any indemnity of the State, except in the cases and in the manner in which Nicaraguans may do so.

ART. 15. Foreigners may resort to diplomatic channels only in case of denial of justice. The fact that any executory judgment is unfavorable to the claimant shall not be considered as such denial. If, in contravention of this provision, they shall not amicably terminate the claims which they have raised, they shall forfeit the right to dwell in the country.

ART. 16. Extradition for political crimes is prohibited, even though a common law crime arises therefrom.

Treaties and the law shall specify the cases in which extradition may take place for grave common law crimes.

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