LIBRARY OF THE UNIVERSITY OF CALIFORNIA. Class *U"W OEPT. Q/t>. '3 [All rights reserved' HANDBOOK OF TREATIES, &., RELATING TO COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND FOREIGN POWERS, WHOLLY OR PARTIALLY IN FORCE ON JULY 1, 1907. [WITH SUPPLEMENT.] OF THE UNIVERSITY OF . K .X COMPILKD AND EDITED BY GASTON DE BEKNHAKDT, ASSISTANT CLERK IN THE LIBRARIAN'S DEPARTMENT, FOREIGN OFFICE. LONDON: HUNTED YOU HIS MAJESTY'S STATIONERY OFFICE, BY HARRISON AND SONS, ST. MARTIN'S LANE, PRINTERS IN ORDINARY TO HIS MAJESTY. And to be purchased, either directly or through any Bookseller, from TVYMAN AND SONS, LTD., FETTER LANE, E.G.; or OLIVER AND BOYD, TWEEDDALE COURT, EDINBURGH; or E. PONSONBY, 116, GRAFTON STREET, DUBLIN. Price Ten "IFos. N.B. Although assistance is given towards this compilation from public funds on the ground of its general utility, it must be understood that it is not an official publication, and that the Editor is responsible for its contents. (Wt. 795 1000 1 | 08 H & S 1296. F. O. 536.) LIST OF TREATIES, &c* No. Date. Description. When terminable. Page. ABYSSINIA. 1 May 14, 1897 \ Treaty. Trade, &c | No time fixed . . 1 ARGENTINE REPUBLIC. 2 Feb. 2, 1825 Treaty* Amity, Commerce, and Navigation K o time fixed 10 3 July 10, 1853 Treaty. Navigation of Parana and Uruguay Ditto 16 AUSTRIA-HUNGARY. 4 Apr. 30, 1868 Treaty. Navigation After 12 months' notice 20 5 Dec. 5, 1876 Treaty. Commerce Ditto 24 6 Dec. 5, 1876 Protocol as to Article IV 27 7 Nov. 26, 3877 Declaration. Duration of Treaty of December 5, 1876 28 8 Feb. 15, 1887 Declaration; Commercial Tra- vellers No time fixed 29 Oct. 29, 1888 Convention. Suez Canal Navi- gation (see GENERAL) Ditto 378 Mar. 5,1902 Convention. Sugar Bounties, &c. (see GENERAL) September 1, 1908, and then after 12 months' notice 395 Apr. 7, 1906 Act. Algeciras Conference. Affairs of Morocco (see GENERAL) No time fixed . . 408 BELGIUM. 9 Nov. 13, 1862 Convention. Joint Stock Com- panies After 12 months' notice 31 Mar. 20, 1883 Convention; Industrial Pro- perty (see GENERAL) Ditto 866 * Treaties with African Native Chiefs and Indian Treaties, Copyright and Postal Conventions, and Special Conventions respecting Distressed Seamen and Seamen Deserters are not included in this Collection. Treaties with more than one Foreign Power are put under " General." ^[536] ^ 192540 " 2 IV LIST OF TREATIES, &C. No. Date. Description. When terminable. Page. BELGIUM continued. 10 July 27, 1898 Exchange of Notes; Com- merce and Navigation After 3 months' notice 33 11 Aug. 30, 1898 Exchange of Notes; Ditto (India) Ditto 34 12 Nov. 5, 1898 Exchange of Notes. Ditto (Malta) Ditto 36 13 Nov. 25, 1898 Exchange of Notes. Ditto (Cyprus) Ditto 37 14 Dec. 6, 1898 Exchange of Notes. Ditto (Newfoundland) Ditto 38 15 Jan. 5, 1899 Exchange of Notes; Ditto (Ceylon and Lagos) Ditto 39 16 Feb. 6, 1899 Exchange of Notes. Ditto (Queensland) Ditto 41 ^~ Dec. 14, 1900 Additional Act. Industrial Property (see GENERAL) Same duration as Convention of March 20, 1883 387 ~~~ Mar. 5, 1902 Convention. Sugar Bounties, &c. (see GENERAL) September 1, 1908, and then after 12 months' notice 395 17 Sept, 1%, 1904 Exchange of Notes. Trade - Marks in China No time fixed 42 Apr. 7, 1906 Act. Algeciras Conference Affairs of Morocco (see GENERAL) Ditto 408 18 Nov. 10, 1906 Agreement. Commercial Travel- lers Ditto 43 BOLIVIA. 4 Sept. 29, 1840 Treaty. Amity, Commerce, and Navigation No time fixed 46 * Sept. 29, 1840 Additional Articles. Com- merce and Navigation Ditto 54 BORNEO. sf May 27, 1847 Treaty. Friendship and Com- merce No time fixed 57 I May 27, 1847 Additional Article. Consular Jurisdiction Ditto 61 21 Aug. 17, 1878 Declaration. Wrecks Ditto 62 LIST OF TREATIES, &C. V No. Date. Description. When terminable. Page. BRAZIL. ' Mnr. 20, 1883 j Convention. Industrial Pro- perty (see GENERAL) Dec. 14, 1900 \ Additional Act, Ditto (see | GENERAL) After 12 months' notice Same duration as above Convention 366 387 CHINA. 22 Aug. 29, 1842 Treaty. Commerce, &c. .. No time fixed 63 23 June 26, 1843 Declaration. Transit Duties . . -Ditto 68 24 Apr. 4, 1846 Convention. Canton, Chusan, &c. Ditto 70 25 Apr. 6, 1847 Agreement. Canton, &c. .. Ditto 72 26 June 26, 1858 Treaty. Peace, Friendship, and Commerce Subject to revision every 10 years 74 27 Nov. 8, 1858 Agreement. Tariff, Transit Dues, &c. Ditto 92 28 Got. 24, 1860 Convention. Ratification of Treaty of 1858, Ac. No time fixed 97 29 Sept. 13, 1876 Agreement. Trade, &c. Ditto 102 80 July 18, 1885 Additional Article. Opium Traffic, Ac. After 12 months' notice 110 81 July 24, 1886 Convention. Burmah and Thibet No time fixed 114 32 Mar. 31, 1890 Additional Article to Agree- ment of September 13, 1876. Chunking open to Trade Ditto 117 pa Mar. 1, 1894 Convention. Burmah. Trade Ports Ditto 119 34 Feb. 4, 1897 Agreement. Burmah, &c. Trade Ports and opening of Ports on West River Ditto 130 35 July 28, 1898 Regulations. Inland Steam Navigation Ditto 137 36 Aug. 1898 .. Reg-ulations. Trade on Yang- tsze-Kiang Ditto 139 37 Sept. 1898 . . Rules. Inland Steam Naviga- tion Ditto .. .. 142 VI LIST OF TREATIES, &C. No. Date. Description. When terminable. Page CHINA continued. 38 Aug. 29, 1902 Agreement. Tariff Subject to revision every 10 years 145 39 Sept. 5, 1902 Treaty. Commercial Relations No time fixed 171 40 Apr. 27, 1906 Convention. Trade with Thibet under Convention of September 7, 1904 (annexed) Ditto 191 COLOMBIA. 41 I Feb. 16, 1866 I Treaty. Friendship, Commerce, and Navigation After 12 months' notice 199 CONGO FREE STATE. 42 43 Dec. 16, 1884 Dec. 16, 1884 Convention. Commerce, &c. . . Declarations. Ditto No time fixed Ditto 209 212 Nov. 26, 1883 COREA. Treaty. Friendship and Corn- Subject to revision after 12 months' notice 215 45 46 COSTA RICA. Nov. 27, 1849 Treaty. Friendship, Commerce, and Navigation Mar. 5, 1898 Convention. Trade-Marks, &c. No time fixed (Articles V, VI, and VII termin- ated) After 12 months' notice 240 247 CUBA. 47 48 Oct. 17 (21), 1904 Dec. 1 (9), 1904 Accession to Industrial Pro- perty Convention of March 20, 1883, &c. Accession to Arrangement as to False Indications of Origin on Goods of April 14 1891 250 251 LIST OF TREATIES, &C. Vll No. Date. Description. When terminable. Page. DENMARK. 49 Feb. 13, 166s Treaty, Peace and Commerce. . No time fixed . . ; 253 50 July 12, 1670 Treaty. Ditto Ditto .. .. 262 51 52 Jan. 14, 1814 Apr. 7, 1814 Treaty. Peace, &c. Renewing old Treaties Additional Articles Evacua- .. 286 291 tion of Danish Territory, &c. 53 June 16, 1824 Convention. Commerce . . After 12 months' notice 293 54 Nov. 28, 1879 Declaration. Trade-Marks No time fixed 298 55 Oct. 9, 1894 Accession to Industrial Pro- perty Convention of March 20, 1883 298 56 Dec. 14, 1900 Nov. 11 1 OO c Additional Act. Industrial Property (see GENERAL) Exchange of Notes. Trade- Marks in China Same duration as Convention of March 20, 1883 387 299 Dec. 11' J 56* July 26, 1890 DOMINICAN REPUBL Accession to Industrial Pro- perty. Convention of March 20, 1883 1C. 301 Dec. 14, 1900 Additional Act. Industrial Property (see GENERAL) Same duration as Convention of March 20, 1883 387 ECUADOR. 57 Aug. 26, 1892 Convention. Trade -Marks After 12 months' notice 302 EGYPT. 58 Oct. 29, 1889 Convention. Commerce anc Navigation* After 12 moDths' notice 304 * Certain portions of this Treaty are in suspension in virtue of Article XIV. VI 1.1 LIST OF TREATIES, &C, No. Date. Description. When terminable. Page. FRANCE. 59 1 Jan. 26, 1826 Jan. 26, 1826 Convention. Commerce and Navigation Additional Articles. Ditto .. After 12 months' notice 314 318 60 Apr. 30, 1862 Convention. Joint Stock Com- panies After 12 months' notice 320 61 Feb. 28, 1882 Convention. Commerce and Navigation Ditto 322 Mar. 20, 1883 Convention. Industrial Pro- perty (see G-ENERAL) Ditto 366 Oct. 29, 1888 Convention. Suez Canal Navi- gation (see GENERAL) No time fixed 378 62 Oct. 23, 1889 Declaration. Wrecks .. After 12 months' notice 328 ~ Apr. 14, 1891 Arrangement. False Indica- tions of Origin on Goods (see GENERAL) Same duration as Industrial Pro- perty Convention of Mar. 20, 1883 384 63 Feb. 6, 1893 Agreement. Commerce (Ca- nada) After 12 months' notice 881 64 65 Sept. 18, 1897 April 20 -, OQO Convention. Commerce, &c. (Tunis) Exchange of Notes. Trade- Marks in China No time fixed. Ar- ticle II, Dec. 31, 1912, and then after 6 months' notice No time fixed 33;', 335 August 29' 10t 66 Oct.-Nov. 1899 Notes. Consular Fees on Certi- ficates of Origin Ditto 337 Dec. 14, 1900 Additional Act Industrial Property (see GENERAL) Same duration as Convention of March 20, 1883 387 67 June 27, 1901 Agreement. Commerce (Zan- zibar) No time fixed 339 Mar. 5, 1902 Convention. Sugar Bounties, Ac. (see G-ENERAL) September L1908; and then after 12 months' notice 395 68 Apr. 16, 1902 Convention. Commerce (Sey- chelles Islands) After 12 months' notice 340 69 Aug. 8, 1902 Convention. Ditto (Jamaica). . Ditto 342 70 Feb. 19, 1903 Convention. Ditto (India) .. Ditto 344 LIST OF TREATIES, &C. IX No. Date. Description. ( When terminable. Page. PRANCE continued. 71 Feb. 19, 1903 Convention. Commerce (Cey- lon) After 12 months' notice :M(> 72 Feb. 23, 1903 Convention. Ditto (East Africa, Central Africa, and Uganda Protectorates) Ditto 348 73 Apr. 8, 1904 Apr. 7, 1906 Declaration. Commerce, &c. (Egypt and Morocco) Act. Algeciras Conference. Affairs of Morocco (see GKENERAL) . April 8, 1934. Un- less denounced one year in ad- vance, extended for period of five years at a time No time fixed 350 408 GENERAL. -{ Mar. 20, 1883 Mar. 17, 1884 Convention. Industrial Pro- perty British Accession After 12 months' notice 366 376 75 Oct. 29, 1888 Convention. Suez Canal Navi- gation No time fixed . . 378 re 77 Apr 14, 1891 Dec. 14, 1900 Arrangement. False Indica- tion of Origin on Q-oods Additional Act. Industrial Property Same duration as Industrial Pro- perty Convention, of March 20, 1883 Ditto 384 387 78 79 Mar. 5, 1902 May 15, 1905 Convention. Sugar Bounties, &c. Accession of New Zealand and Ceylon to Industrial Property Convention of March 20, 1883, and Additional Act of December 14, 1900 September 1, 1908; and then after 12 months' notice 395 407 80 Apr. 7, 1906 r Aug. 5, 1907 { I Act. Algeciras Conference. Affairs of Morocco Accession of Commonwealth of Australia to Industrial Property Convention of March 20, 1883, and Additional Act of December 14, 1900 No time fixed 1 |. : { J 408 366 387 GERMANY. 81 Apr. 1, 1869 Declaration. Commercial 1 Travellers No time fixed 446 82 Mar. 27, 1874 Declaration. Joint Stock Com- panies After 12 months' notice -447 LIST OF TREATIES, &C. No. Date. Description. "When terminable. Page. GE RM AN Y continued 83 May and June, 1885 Arrangement. Spheres of Action in Africa No time fixed . 449 84 Apr. 10, 1886 Declaration. Trade and Com- merce in West Pacific Ditto 452 Oct. 29, 1888 Convention. Suez Canal Navi- gation (see GENERAL) Ditto 378 85 May .&, 1893 Agreement. Spheres of Action in Africa Ditto 454 Mar. 5, 1902 Convention. Sugar Bounties (see GENERAL) September 1, 1908 ; and then after 12 months' notice 395 86 Apr. 1, 1903 Accession to Industrial Property Convention of March 20, 1883, and Additional Act of Decem- ber 14, 1900 .. 456 87 Mar. f|, 1906 Exchange of Notes. Trade- Marks in China No time fixed 457 Apr. 7, 1906 Act. Algeciras Conference. Affairs of Morocco (see GENERAL) Ditto 408 GREECE. rl Nov. 10, 1886 Nov. 10, 1886 Treaty. Commerce and Navi- gation Protocol. Interpretation, &c., of above Treaty After 12 months' notice 459 468 89 Aug. 4, 1888 Agreement. Joint Stock Com- panies After 12 months' notice 469 90 91 Mar. 28, 1890 June 16, 1890 Agreement. Duty on Currants, &c. Declaration. Correcting error in above Same duration as Treaty of Novem- ber 10, 1886 470 474 92 July 27, 1894 Declaration. Trade-Marks, &c. Same duration as Treaty of Novem- ber 10, 1886 475 93 J Nov. ||, 1904 1 Declarations. Commercial I matters July 25, 1910 ; and then after 12 months' notice 476 I May ^V, 1905 I Ditto 479 GUATEMALA. 94 1 July 20, 1898 1 Convention. Trade-Marks, &c. I After 12 months' notice 481 LIST OF TREATIES, &C. No. Date. Description. When terminable. Page. HONDURAS. 95 Jan. 21, 1887 Treaty. Friendship, Commerce, and Navigation February 3, 1910; and then after 12 months' notice 483 96 Feb. 3, 1900 Protocol. Application of above Treaty to British Colonies, &c. Ditto 492 ITALY. 97 Nov. 26, 1867 Declaration. Joint Stock Com- panies After 12 months' notice 495 Mar. 20, 1883 Convention. Industrial Pro- perty (see GENERAL) Ditto 301 98 June 15, 1883 Treaty. Commerce and Navi- gation Ditto 496 Oct. 29, 1888 Convention. Suez Canal Navi- gation (see GENERAL) No time fixed , . 378 ~ Dec. 14, 1900 Additional Act. Industrial Property (see GENERAL) Same duration as Convention of March 20, 1883 387 Mar. 5, 1902 Convention. Sugar Bounties, &c. (see GENERAL) September 1,1908; and then after 12 months' notice 395 99 J u'y 30 1QO o August 7> 1W Exchange of Notes. Trade- Marks in China No time fixed 506 Apr. 7, 1906 Act. Algeciras Conference. Affairs of Morocco (see GENERAL) Ditto 408 JAPAN. 100 July 16, 1894 Treaty. Commerce and Naviga- tion July 17, 1911 ; and then after 12 months' notice 508 101 July 16, 1894 Protocol. Tariff, &c Same duration as above Treaty 520 102 July 16, 1895 Convention. Tariff Arrange- ments Ditto 524 103 Mar. 16, 1897 Protocol. Accession of Queens- land to Treaty of July 16, 1894 After 12 months' notice 529 104 Oct. 20, 1897 Protocol. Trade-Marks, &c. . . No time fixed 530 105 May 4, 1899 Accession to Industrial Pro- perty Convention of March 20, 1883 532 Xll LIST OF TREATIES, &C. No. Date. Description. When terminable. Page. J A P A N contin u ed. Dec. 14, 1900 106 Aug. 29, 1904 107 Jan. 31, 1906 Additional Act. Industrial Property (see GENERAL) Convention. Commerce (India) Convention. Ditto (Canada) . . Same duration as Convention of March 20, 1883 337 After 6 months' notice 533 Ditto 535 LIBERIA. 108 Nov. 21, 1848 j Treaty. Friendship and Com- I No time fixed merce 537 LUXEMBURG. 109 110 Jan. 25, 1900 Aug. 29, 1903 Declaration. Trade-Marks Accession to Sugar Convention of March 5, 1902 After 12 months' notice 542 543 111 112 MEXICO. Nov. 27, 1888 j Treaty. Friendship, Commerce, After 12 months' 544 and Navigation notice Aug. 13, 1903 Accession to Industrial Pro- perty Convention of March 20, 1883, and Additional Act of December 14, 1900 554 MOROCCO. 113 114 115 Dec. 9, 1856 General Treaty No time fixed Dec. 9, 1856 Convention. Commerce and Ditto Navigation June 7, 1895 Notification. Protection of Trade-Marks Apr. 7, 1906 I Act. Algeciras Conference ! No time fixed Affairs of Morocco (see j GENERAL) 555 571 580 408 LIST OF TREATIES, &C. Xlll No. Date. Description. When terminable. Page. MUSKAT. 116 Mar. 19, 1891 Treaty. Friendship, Commerce, and Navigation After 12 months'* notice, and liable to revision after 12 months' notice 117 Feb. 20, 1892 Protocol. Termination of above Treaty 593 NETHERLANDS. 118 Mar. 17, 1824 Treaty. Commerce in the East Indies No time fixed 595 119^ Oct. 27, 1837 Treaty. Commerce and Naviga- tion After 12 months' notice 606 1 Nov. 22, 1837 Declarations. Non-application of above Treaty to possessions beyond sea 611 120 Mar. 27, 1851 Convention. Navigation Same duration as Treaty of 1837, but conditional on continuance of legislative enact- ments 612 121 Mar. 6, 1856 Convention. Consuls in Colonies After 12 months' notice 015 122 Nov. 2, 1871 Convention. Sumatra Trade .. No time fixed 622 Mar. 20, 1883 Convention. Industrial Pro- perty (see GENERAL) After 12 months' notice 366 123 Aug. 3, 1888 Accession of Netherlands East Indies to Industrial Property Convention of March 20, 1883 624 Oct. 29, 1888 Convention. Sue/ Canal Navi- gation (see G-ENERAT.) No time fixed 378 124 Aug. 15, 1889 Convention. Customs Regula- tions Same duration as Treaty of October 27, 1837 625 125 Feb. 28, 1890 Accession of Curacao and Suri- nam to Industrial Property Convention of March 20, 1883 626 3 Dec. 14, 1900 Additional Act. Industrial Property (see GENERAL) Same duration as Convention of March 20, 1883 387 XIV LIST OF TREATIES, &C. No. Date. Description. When terminable. Page. NETHERLANDS continued. 126 Mar. 5, 1902 Sept. 7 I, 1904 Apr. 7, 1906 Convention. Sugar Bounties, &c. (see GENERAL) Exchange of Notes. Trade- Marks in China Act. Algeciras Conference. Affairs of Morocco (see GENERAL) September 1, 1908 ; and then after 12 month's notice No time fixed Ditto 395 627 408 NICARAGUA. 127 July 28, 1905 July 28, 1905 Treaty. Friendship, Commerce, and Navigation Protocol. Modification of above Treaty August 24, 1916; and then after 12 months' notice 629 637 NORWAY. 128 July 16, 1824 Mar. 18, 1826 Oct. 13, 1883 June 12, 1885 Dec. 14, 1900 Declaration. British Corn- Convention. Commerce and Navigation (see SWEDEN AND NORWAY) Declaration. Commercial Tra- vellers (see SWEDEN AND NORWAY) Accession to Industrial Pro- perty Convention of March 20, 1883 (see SWEDEN AND NORWAY) Additional Act. Industrial Property (see GENERAL) No time fixed After 12 months' notice Same duration as Convention of March 18, 1826 Same duration as Convention of March 20, 1883 639 883 913 914 387 PARAGUAY. 129 130 Oct. 16 L884 July 19 1890 Treaty. Friendship, Commerce, and Navigation Agreement. Accession of British Colonies to above Treaty After 12 months' notice 641 650 LTST OF TREATIES, &C. No. Date. Description. When terminable. Page. PERSIA. 131 -j Mar. 4, 1857 Mar. 4, 1857 Treaty. Peace, Commerce, &c. Note. Ceremonial on renewal of Diplomatic Eelations No time fixed 652 658 132 J I Feb. 9, 1903 Feb. 9, 1903 Convention. Commerce Tariffs, &c No time fixed 660 665 PERU. r 133 -j Apr. 10, 1850 Treaty. Friendship, Commerce, and Navigation No time fixed. Articles III, IT, V, and YI ter- minated 691 I Oct. 15,1852 Declaration as to Article X . . 698 134 Aug. 20, 1903 Accession to Sugar Convention of March 5, 1902 698 PORTUGAL. 135 Jan. 6, 1880 Declaration. Trade-Marks . . No time fixed 700 Mar. 20, 1883 Convention. Industrial Pro- perty (see GENERAL) After 12 months' notice 301 Dec. 14, 1900 Additional Act. Industrial Property (see GENERAL) Same duration as above Convention 387 136 Aug. |, 1904 Exchange of Notes. Trade- Marks in China No time fixed . . 700 Apr. 7, 1906 Act. Algeciras Conference. Affairs of Morocco (see GENERAL) Ditto 408 ROUMANIA. 137 May 4, 1892 Convention. Trade-Marks After 12 months' notice 702 138 ISU1S93 Convention. False Indications of Origin on Goods Ditto 704 139^ Oct. 31, 1905 Treaty. Commerce and Naviga- tion March 1, 1910 ; and then after 12 months' notice 707 I Oct. 31, 1905 Declaration. Supplementary to above Treaty 718 XVI LIST OF TREATIES, &C. No. Date. Description. When terminable. Page. 140 December 31, 1858 RUSSIA. Treaty. Commerce and Naviga- tion After 12 months' notice 720 January 12, 1859 141 jSr-fi. 1871 Declaration. Trade-Marks Same duration as Treaty of Janu- ary 12, 1859 730 Oct. 29, 1888 Convention. Suez Canal Navi- gation (see GENERAL) No time fixed 378 142 Aug. if, 1896 Agreement. Commerce (Zanzi- bar) August 24, 19C6; and then after 12 months' notice 731 143 Dec. , 1904 Agreement. Joint Stock Com- panies Ditto 733 Apr. 7, 1906 Act. Algeciras Conference. Affairs of Morocco (see GENERAL) Ditto 408 144 Oct. |, 1906 Exchange of Notes. Trade- Marks in China No time fixed 734 145 j Oct. 24, 1862 146 Mar. 20, 1883 June 23, 1886 SALVADOR. Treaty. Friendship, Commerce, and Navigation Convention. Industrial Pro- perty (see GENERAL) Agreement. Duration of Treaty of October 24, 3862 July 8, 1907 ; and then after 12 months' notice After 12 months' notice 736 366 745 Mar. 20, 1883 Dec. 14, 1900 SERVIA. Convention. Industrial Pro- perty (see GENERAL) Additional Act. Industrial Property (sec GENERAL) After 12 months' notice Same duration as Convention of March 20, 1883 366 387 147 SIAM. June 20, 1826 | Treaty. Commerce, &c. No time fixed. ; 748 Partially abro- gated by Treaty of April 18, 1855 LIST OF TREATIES, &C. XV11 No. Date. Description. When terminable. Page. SIAM continued. - .. _ 148 Apr. 18, 1855 Treaty. Friendship and Com- Subject to revision 755 merce after 12 months' notice* 149 May 13, 1856 Agreement. Commerce, &o. . . .. 765 150 Apr. 6, 1883 Agreement. Spirituous Liquors After 6 months' 777 notice 151 Sept. 3, 1883 Treaty. Commerce, &c., between After 12 months' 780 BurmahandChiengmai, Lakon notice and Lampoonchi 152 Dec. 1884 Oct. 1896 Notes. Extending the opera- tions of Treaty of September 788 3, 1883, to Muang Nan and Phre SPAIN. 153 May f , 1667 Treaty. Peace, Commerce, &c.* No time fixed 791 154 July T V, 1670 Treaty. Peace, and Trade, &c., Ditto 820 with America 155 July A, W13 Treaty. Peace, Friendship, &c. Ditto 826 156 Nov. 28 1?1 o Treaty. Navigation and Com- Ditto 830 Dec. 1/ld merce 157 Dec. &, 1715 Treaty. Commerce Ditto 844 158 Nov. 9, 1729 Treaty. Peace and Friendship Ditto 852 159 Oct. 5, 1750 Treaty. Commerce .. Ditto 854 160 Feb. 10, 1763 Treaty. Peace, &c Ditto 856 161 Sept. 3, 1783 Treaty. Ditto Ditto 858 162 J July 14, 1786 Convention. Relating to America Ditto 862 I Sept. 1, 1786 Declaration as to Article YI of .. . . 868 Convention 163 Oct. 28, 1790 Convention. Eclating to No time fixed 868 America 164 July 5, 1814 Treaty. Friendship and Al- Ditto 871 liance 165 Aug. 28, 1814 Additional Articles Renew- 873 ing old Treaties 166 Dec. 14, 1875 Declaration. Trade-Marks .. No time fixed 8T4 * Notice given by Siam for revision, February 5, 1906. [536] b XVI 11 LIST OF TREATIES, &C. No. Date. Description. When terminable. Page. SPAIN continued. 167 Jan. 29, 1883 Mar. 20, 1883 Declaration. Joint Stock Com- panies Convention. Industrial Pro- perty (see GENERAL) After 12 months' notice Ditto 875 366 Oct. 29, 1888 Convention. Suez Canal Navi- gation (see GENERAL) No time fixed 378 168 169 Apr. 14,1891 June f, 1894 Dec. f, 1894 Dec. 14, 1900 Arrangement. False indication of Origin on Goods (see GENERAL) Exchange of Notes. Com- mercial Arrangement pending conclusion of Treaty Exchange of Notes. Con- firming and explaining Com- mercial Arrangement of June If}, 1894 Additional Act. Industrial Property (see GENERAL) Same duration as Industrial Pro- perty Convention of 1883 After 6 months' notice 384 876 878 387 Same duration as Convention of March 20, 1883 Mar. 5, 1902 Apr. 7, 1906 Convention. Sugar Bounties, &c. (see GENERAL) Act. Algeciras Conference. Affairs of Morocco (see GENERAL) September 1, 1908 ; and then after 12 months' notice No time fixed 395 408 SWEDEN. 170 Apr. 11, 1654 Treaty. Peace and Commerce. . No time fixed . . 880 171 July 17, 1656 Treaty. Commerce Ditto 887 172 Oct. 21, 1661 Treaty. Peace and Commerce. . Ditto 893 173 Feb. 5, 1766 Treaty. Commerce and Al- liance Ditto 902 174 July 18, 1812 Treaty. Eenewing old Treaties 903 175 Apr. 24, 1824 Declarations. British Com- merce No time fixed 905 SWEDEN AND NORWAY. 176 Mar. 18 1826 Convention. Commerce and Navigation After 12 months' notice 907 177 Oct. 13, 1883 Declaration. Commercial Tra- vellers Same duration as Convention of March 18, 1826 913 LIST OF TREATIES, &C. XIX No. Date. Description. When terminable. Page. SWEDEN AND NORWAY continued. 178 June 12, 1885 Accession to Industrial Pro- perty Convention of 1883 914 Dec. 14, 1900 Additional Act. Industrial Property (see GENERAL) Same duration as Convention of March 20, 1883 387 Mar. 5, 1902 Convention. Sugar Bounties, &o. (see GENERAL) September 1, 1908 ; and then after 12 months' notice 395 SWEDEN. Apr. 7, 1906 Act. Algeciras Conference. ; No time fixed Affairs of Morocco (see GENERAL) 408 SWITZERLAND. 179 Sept. 6, 1855 : Treaty. Friendship, Commerce, ; &c. After 12 months' notice 915 180 Nov. 6, 1880 Declaration. Trade- Marks . . After notice 920 Mar. 20, 1883 Convention. Industrial Pro- perty (see GENERAL) After 12 months' notice 366 Apr. 14, 1891 Arrangement. False Indica- tions of Origin on Gt-oods (see GENERAL) Same duration as Industrial Pro- perty Convention of 1883 384 Dec. 14, 1900 Additional Act. Industrial Property (see GENERAL) Ditto 387 181 June 26, 1906 Accession to Sugar Convention of March 5, 1902 920 TONGA. 182 J NOT. 29, 1879 July 3, 1882 Treaty. Friendship, &c. Protocol. Extradition No time fixed except as to Extradi- tion Article 922 925 TURKEY. 183 1675 . . . . Capitulations No time fixed . . [ 926 184 Oct. 30, 1799 Act. Commercial Privileges in Black Sea Ditto 952 185 July 23, 1802 Note. Ditto Ditto 953 186 Jan. 5, 1809 Treaty. Peace and Commerce. . Ditto 954 Oct. 29, 1888 [536] Convention. Sue/ Canal Navi- gation (see GENERAL) Ditto h 2 378 LIST OF TREATIES, &C. No. Date. Description. When terminable. Page. UNITED STATES, 187 July 3, 1815 Convention. Commerce, &c. . . Renewed by Con- ventions of Octo- ber 20, 1818, and August 6, 1827 959 188 Oct. 20, 18 18 Convention. Commerce, &c. .. No time fixed 964 189 Aug. 6, 1827 Convention. Commerce After 12 months' notice 968 190 May 8, 1871 Treaty. Navigation of Rivers, &c. No time fixed. (Ar- ticles XVIII to XXY and XXX and XXXII ter- minated) 969 191 Oct. 24, 1877 Declaration. Trade-Marks No time fixed . . 985 192 Apr. 11, 1887 Accession to Industrial Property Convention of March 20, 1883 I 985 193 Mar. 2, 1899 Convention. Disposal of Real and Personal Property July 28, 1909 ; and 987 then after 12 months' notice Dec. 14, 1900 Additional Act. Industrial Property (see GENERAL) Same duration as Convention of March 20, 1883 387 194 195 Nov. 18, 1901 May 31, 1902 Treaty. Interoceanic Communi- cation, &c. Convention. Import Duties in Zanzibar No time fixed , . Ditto 990 993 196 June 5, 1903 Convention. Light and Har- bour Dues in Zanzibar Ditto 995 197 June 28, 1905 Exchange of Notes. Trade- Marks in China Ditto 997 ~ Apr. 7, 1906 Act. Algeciras Conference. Affairs of Morocco (see GENERAL,) Ditto 408 URUGUAY. 198 Nov. 13, 1885 | Treaty. Friendship, Commerce, and Navigation After 12 months' 1 notice 999 199 July 15, 1899 Convention. Renewing above. . 1007 VENEZUELA. 200 Apr. 18, 1825 Treaty. Amity, Commerce, and Navigation No time fixed . . 1009 201 Oct. 29, 1834 Convention. Commerce, &c. . . Ditto . . 1017 LIST OF TREATIES, &C. XXI No. Date. Description. When terminable. Page. ZANZIBAR. 202 Apr. 30, 1886 Treaty. Friendship, Commerce, and Navigation MWU Concluded for 15 years from Au- gust 17, 1886. Unless notice be given one year before termina- tion it will re- main in force for 10 years more 1020 SUPPLEMENT. [Treaties, fyc., which have come into force since July 1, 1907.] No. Date. Description. When terminable. Page. BULGARIA. Dec. 9, 1905 | Convention. Commerce, Cus- toms Unties, and Navigation January 14, 1911; and then after 12 months' notice 1155 FRANCE. Oct. 23, 1907 Agreement. Commercial Travel- lers' Samples Same duration as Convention of Commerce and Navigation of February 28, 1882 1186 GENERAL. 3 Aug. 5, 1907 Accession of Commonwealth of Australia to Industrial Property Convention of March 20, 1883, and Additional Act ot Decem- ber 14, 1900 .. 1188 JAPAN. Accession of Natal and New- foundland to Treaty of Com- merce and Navigation of July 16, 1894 . . 1189 xxn LIST OF TREATIES, &C. No. Date. Description. When terminable. Page. NICARAGUA. Nov. 27, 1907 List of British Colonies which have acceded to Treaty of Friendship, Commerce, and Navigation of July 28, 1905 .. 1190 Nov. 19, 1907 UNITED STATES. Agreement. (1) Commercial After 6 months' 1191 Travellers' Samples entering notice United Kingdom, (2) Import Duties on British Works of Art entering the United States .JA- OF THE UNIVERSITY OF Handbook of Treaties, &c. y relating to Com- merce and Navigation between Great Britain and Foreign Powers, wholly or partially in force on the ist July, 1907. ABYSSINIA. No. 1. TREATY BETWEEN GREAT BRITAIN AND ETHIOPIA. Signed at Adis Abbaba, May 14, 1897.* I Ratified by the Quetn, July 28, 1897.] HER Majesty Victoria, by the grace of God Queen of Great Britain and Ireland, Empress of India, and His Majesty Menelek II, by the grace of God King of Kings of Ethiopia, being desirous of strengthening and rendering more effective and profitable the ancient friendship which has existed between their respective kingdoms ; Her Majesty Queen Victoria having appointed as her Special Envoy and Representative to His Majesty the Emperor Menelek II, James Kennell Rodd, Esq., Companion of the Most Distinguished Order of St. Michael and St. George, whose full powers have been found in due and proper form, and His Majesty the Emperor Menelek, negotiating in his own name as King of Kings of Ethiopia, they have agreed upon and do * Signed also in Amharic* [536] B 2 ABYSSINIA. [May 14, 1897. conclude the following Articles, which shall be binding on themselves, their heirs and successors : ARTICLE I. Freedom of Travel and Commerce.- Entry, of Armed Bands. The subjects of or persons protected by each of the Contracting Parties shall have full liberty to come and go and engage in commerce in the territories of the other, enjoying the protection of the Government within whose jurisdiction they are; but it is forbidden for armed bands from either side to cross the frontier of the other on any pretext whatever without previous authorization from the competent authorities. ARTICLE II. Boundaries of Somaliland. The frontiers of the British Protectorate on the Somali Coast recognized by the Emperor Menelek shall be 'determined subsequently by exchange of notes between James Rennell Rodd, Esq., as Representative of Her Majesty the Queen, and Ras Maconen, as Representative of His Majesty the Emperor Menelek, at Harrar. These notes shall be annexed to the present Treaty, of which they will form an integral part, so soon as they have received the approval of the High Con- tracting Parties, pending which the statits quo shall be main- tained. ARTICLE III. Zeyla-Harrar Caravan Route. j . - The caravan route between Zeyla and Harrar by way of Gildessa shall remain open throughout its whole extent to the commerce of both nations. ARTICLE IV. Import Duties, Taxation, &c. Most-favoured-nation Treatment. His Majesty the Emperor of Ethiopia, on the one hand, accords to Great Britain and her Colonies, in respect of import duties and local taxation, every advantage which he may accord to the subjects of other nations. May 14, 1897.] ABYSSINIA. 3 ,' _ * - Free passage through Zeyla of Goods for Ethiopia. On the other hand, all material destined exclusively for the service of the Ethiopian State shall, on application of Hio Majesty the Emperor, be allowed to pass through the port of Zeyla into Ethiopia free of duty. ARTICLE V. Transit of Fire-arms, &c.,for Emperor of Ethiopia through British Territories. The transit of fire-arms and ammunition destined for His Majesty the Emperor of Ethiopia through the territories depending on the Government of Her Britannic Majesty is authorized, subject to the conditions prescribed by the General Act of the Brussels Conference, signed the 2nd July, 1890. ARTICLE VI. Transit of Arms, c., for MaJidists through Ethiopia. His Majesty the Emperor Menelek II, King of Kings of Ethiopia, engages himself towards the Government of Her Britannic Majesty to do all in his power to prevent the passage through his dominions of arms and ammunition to the Mahdists, whom he declares to be the enemies of his Empire. Ratification. The present Treaty shall come into force as soon as its ratification by Her Britannic Majesty shall have been notified to the Emperor of Ethiopia, but it is understood that the prescriptions of Article VI shall be put into force from the date of its signature. In faith of which His Majesty Menelek II, King of Kings of Ethiopia, in his own name, and James Rennell Rodd, Esq., on behalf of Her Majesty Victoria, Queen of Great Britain and Ireland, Empress of India, have signed the present Treaty, in duplicate, written in the English and Amharic languages identically, both texts being considered as official, and have thereto affixed their seals. Done at Adis Abbaba, the 14th day of May, 1897. (L.S.) (Signed) JAMES RENNELL ROOD, (Seal of His Majesty the Emperor Menelek II.) [536] B 2 ABYSSINIA. Ofay 14, Annexes to Treaty signed at Adis Abbaba on the \th May, 1897, by His Majesty the Emperor Menelek, and by Mr. James Rennell Rodd. Annex 1. Mr. Rodd to the Emperor Menelek. Your Majesty, Adis Abbaba, May 14, 1897, WITH reference to Article II of the Treaty which we are to sign to-day, I am instructed by my Government, in the event of a possible occupation by Ethiopia of territories inhabited by tribes who have formerly accepted and enjoyed British protection in the districts excluded from the limits of the British Protectorate on the Somali Coast, as recognized by your Majesty, to bring to your knowledge the desire of Her Majesty the Queen to receive from your Majesty an assurance that it will be your special care that these tribes receive equitable treatment, and are thus no losers by this transfer of suzerainty. In expressing the hope that your Alajesty will enable me to give this assurance, I have, &c. (Signed) RENNELL ROOD. The Emperor Menelek to Mr* (Translation.) The Conquering Lion of the Tribe of Judah, Menelek II, by the grace of God King of Kings of Ethiopia, to Mr. Rennell Rodd, Envoy of the Kingdom of England. Peace be unto yoti. YOUR letter, written in Genbot 1889, respecting the Soinalis, has reached me* With regard to the question you have put to me. I give you the assurance that the Somalis who may by boundary arrangements become subjects of Ethiopia shall be' well treated and have orderly government. Written at Adis Abbaba, the 6th Genbot, 1889 (14th May,- 1897). (Seal of His Majesty the Emperor Menelek II.) Annex 2. jThe .Emperor Menelek to Mr. Rodd, (Translation*) From Meneldk II, by the t grace of God King of Kings of Ethiopia, Conquering Lion of the Tribe of Jiidah. May this reach JaineS Rennell Rodd. Peace be unto you. WITH reference to the Treaty which we have written in May 14, 1897.] . ABYSSINIA. 5 the Amharic and English languages at Adis Abbaba, as I have no interpreter with me who understands the English language well enough to compare the English and Amharic version, it by any possibility in the future there should ever be found any misunderstanding between the Amharic and English versions in any of the Articles of this Treaty, let this translation, which is written in the French language, and which I inclose in this letter, be the witness between us, and if you accept this proposal, send me word of your acceptance by letter. Dated 7th Genbot, 1889 (14th May, 1897). (Seal of His Majesty the Emperor Menelek II.) Indosure in above Letter. (Traduction.) SA Majeste Victoria, par la grace de Dieu Reine de la Grande-Bretagne et d'Irlande, Imperatrice des Indes, et Sa Majeste Menelek II, Roi des Rois d'thiopie, desireux de fortifier et de rendre plus efficace et avantageuse 1'ancienne amitie qui existe entre les deux Royaumes : Sa Majeste la Reine Victoria ayant nomme comme son Envoye Extraordinaire et Representant aupres de Sa Majeste 1'Empereur Menelek, James Rennell Rodd, Esquire, Compagnon de 1'Honorable Ordre de Saint-Michel et Saint-George, dont les pleins pouvoirs ont ete reconnus en bonne et due forme ; et Sa Majeste 1'Empereur Menelek, agissant en son propre nom comme Roi des Rois d'^thiopie ; Se sont accordes sur, et ont conclu, les Articles qui suivent, par lesquels ils s'engagent eux-memes, ainsi que leurs heritiers et successeurs : ARTICLE I. Les sujets et proteges de chacune des deux Parties Con- tractautes auront pleine liberte d'entrer, de sortir, et d'exercer leur commerce dans les territoires de 1'autre, jouissant de la protection du Gouvernement sous la juridiction duquel ils se trouvent, mais il est defendu aux bandes arrnees d'une part ainsi que de Fautre de tra verse r les frontieres du voisin sous un pretexte quelconque sans permission prealable des autorites competentes. ARTICLE II. Les frontieres du Protectorat Britannique sur la Cote des Somalis, reconnues par Sa Majeste FEmpereur Menelek, seront reglees ulterieurement par echange de notes entre James Jlennell Rodd, Esquire, comme Representant de Sa Majeste la Reine, et Ras Meconen, comme Representant de Sa Majeste 6 ABYSSINIA. * [May 14, 1897. FEmpereur Menelek an Harrar. Ces notes seront annexees au present Traite, dont elles formeront partie integrate sitot qu'elles ont ete approuvees par les Hautes Parties Contractantes. En attendant, le stain quo sera maintenu. ARTICLE III. II est coiivenu que la route des caravanes entre Zeila et le Harrar par voie de Gildessa restera ouverte dans tout son parcours au commerce des deux nations. ARTICLE IV. Sa Majeste FEmpereur d'fithiopie de son cote accordera k la Gran de-Bret agne et ses Colonies en ce qui concerne droits de douane et impots interieurs tons les avantages qu'il accordera aux sujets d'autres nations. De 1'autre cote, tout materiel destine exclusivement au service de 1'fitat iSthiopien aura le droit de passer en ICthiopie par le port de Zeila en franchise de douane sur demande de Sa Majeste I'Empereur. ARTICLE V. Le transit de tous les en gins de guerre destines a Sa Majeste FEmpereur d'Ethiopie est autorise k travers les territoires dependant du Gouvernement de Sa Majeste Britannique sous les conditions prescrites par FActe General de la Conference de Bruxelles signe le 2 Juillet, 1890. ARTICLE VI. Sa Majeste Menelek II, Roi des Rois d'fithiopie, s'engage, vis-a-vis du Gouvernement Britannique, a empecher de son mieux le passage a travers de son Empire des armes et munitions aux Mahdistes, qu'il declare ennemis de son Empire. Le present Traite entrera en vigueur sitot que la ratification de Sa Majeste Britannique sera notifiee a Sa Majeste FEmpereur d'Ethiopie, mais il est entendu que les prescriptions de PArticle VI seront mises en execution a partir du jour de sa signature. En foi de quoi Sa Majeste Menelek II, Roi des Rois d'Ethiopie, en son propre nom, et Rennell Rodd, Esquire, pour Sa Majeste Victoria, Reine de la Grande-Bret agne et d'Irlande, Imperutrice des Indes, ont signe le present Traite, fait en deux exemplaires, ecrit en Anglais et en Amharique identiqueinent, May 14, 1897.] ABYSSINIA, 7 les deux textes etant consideres comme officiels, et y ont affixe leurs sceaux. Fait a Adis Abbaba, le 14 Mai, 1897. (Seal of His Majesty the Emperor Menelek II.) Mr. Rodd to the Emperor Menelek. Your Majesty, Adis Abbaba, May 14, 1897. I HAVE the honour to acknowledge the receipt of your Majesty's letter inclosing the French translation of the Treaty which we are to sign this day in English and Amharic, and I agree, on behalf of my Government, to the proposal of your Majesty, that, in case a divergency of opinion should arise hereafter as to the correct interpretation to be given either to the English or Amharic text, the French translation, which has been agreed to on both sides as adequate, should be accepted as furnishing a solution of the matter under dispute. In recording this assurance, I have, &c. (Signed) RENNELL RODD. Annex 3. Mr. Rodd to Ras Makunan. Peace be unto you. Harrar, June 4, 1897 (28 G.enbot, 1889). AFTER friendly discussion with your Excellency, I have understood that His Majesty the Emperor of Ethiopia will recognize as frontier of the British Protectorate on the Somali Coast the line which, starting from the sea at the point fixed in the Agreement between Great Britain and France on the 9th February, 1888, opposite the wells of Hadou, follows the caravan- road, described in that Agreement, through Abbassouen till it reaches the hill of Somadou. From this point on the road the line is traced by the Saw mountains and the hill of Egu to Moga Medir ; from Moga Medir it is traced by Eylinta Kaddo to Arran Arrhe, near the intersection of latitude 44 east of Greenwich with longitude 9 north. From this point a straight line is drawn to the intersection of 47 east of Greenwich with 8 north. From here the line will follow the frontier laid down in the Anglo-Italian Protocol of the 5th May, 1894 until it reaches the sea. The tribes occupying either side of the line shall have the right to use the grazing- grounds on the other side, but during their migrations it is understood that they shall be subject to the jurisdiction of the territorial authority. Free access to the nearest wells ig equally reserved to the tribes occupying either side of the line. 8 ABYSSINIA. [May 14, 1897. This understanding, in accordance with Article II of the Treaty signed on the 14th May, 1897 (7th Genbot, 1889), by His Majesty the Emperor Menelek and Mr. Rennell Rodd, at Adis Abbaba, must be approved by the two High Contracting Parties. 1 have, &c. (Signed) RENNELL RODD, Ras Mahinan to Mr. Rodd. (Translation.) Sent from Ras Makunan, Governor of Harrar and it Dependencies : May this reach the Honourable Mr. Rennell Rodd, Envoy of the British Kingdom. I INFORM you to-day that, after long friendly discussion, the boundary of the British Somali Protectorate, upon which we have agreed, is as follows: Starting from the sea-shore opposite the wells of Hadou (as on which the French and the English Governments agreed in February 1888), it follows the caravan-road by Abbassouen till Mount Somadou ; from Mount Somadou to Mount Saw ; from Mount Saw to Mount Egu ; from Mount Egu to Moga Medir; starting from Moga Medir, it goes in a direct line to EyJinta Kaddo and Arran Arrhe on 44 east of Greenwich and 9 north, and again in a direct line until 47 east and 8 north. After this the boundary follows the line on which the English and the Italians agreed on the 5th May, 1894, until the sea. The subjects of both the Contracting Parties are at liberty to cross their frontiers and graze their cattle, but these people, in every place where they go, must obey the Governor of the country in which they are, and the wells which are in the neighbourhood shall remain open for the two parties. These two letters on which we have agreed, according to Article II of the Treaty of His Majesty the Emperor of Ethiopia and Mr. Rennell Rodd of the 7th Genbot, 1889 (14th May, 1897), the two Sovereigns having seen them, if they approve them^ shall be sealed again (ratified). Written at Harrar, the 28th Genbot, 1889 (4th June, 1897). (Signed) RAS MAKUNAN/ Mr. Eodd to the Emperor Menelek II. Cairo, August 30, 18 9ft *rom Mr. Rennell Rodd, Special Envoy of Her Majesty 'Queen Victoria, to His Majesty Menelek II, by 1jhe "grace* of God King of Kings of Ethiopia. Peace be unto your Majesty. I HAVE the honour tp announce that the Queen, my gracious. May 14, 1897.] ABYSSINIA. 9 Sovereign, has been pleased to approve and ratify the Treaty which I had the honour to sign with your Majesty on the 14th May last. Her Majesty has also been pleased to approve of the arrange- ment which, in accordance with the terms of Article II of the Treaty, was agreed upon between Ras Makunan, as Representa- tive of your Majesty, and myself by exchange of notes relative to the frontier of the British Protectorate in the Somali TJoa&t; and it is presumed by Her Majesty's Government that your Majesty has also approved of it, as they have received no notification to the contrary. The notes exchanged have accordingly been annexed to the Treaty which has received ratification, signifying Her Majesty's approval of all these documents. I have now the honour to return herewith the copy of the Treaty intrusted to me by your Majesty, with its ratification in due form. When I shall have received from your Majesty a letter signifying that this Treaty, thus ratified and approved, has come safely to your Majesty's hands, it will be made public by the Government of the Queen, that all her subjects may observe it and abide by it, and that it may strengthen the ties of friendship between our countries, and increase the feelings of esteem and good-will towards your Majesty which the reception of the British Mission in Ethiopia has awakened in my country. I pray that your Majesty's life and health may long be preserved, and that your people may have peace and prosperity, (Signed) RENNELL RODD. The Emperor Menelek to the Queen. (Translation.) Menelek II, Elect of God, King of Kings of Ethiopia, to Her Most Gracious Majesty Queen Victoria, Queen of Great Britain and Ireland, and Empress of India, Upholder and Keeper of the Christian Religion. May peace be unto you. YOUR Majesty's letters of the 28th Hamle (3rd August) and 22nd (23rd) Mascarem (1st (2nd) October), 1897, and the Treaty with the Great Seal, dated the 28th Hamle (3rd August), 1897, have reached me, and We received it with joy. The Treaty of Peace which is now between your Government and our Govern- ment, We hope it will ever increase in firmness and last for ever. We ask God to give your Majesty health, and to your kingdom quietness .and peace. Written at Adis Abl?aba, the 8th December, 1897, A.D. (Seal of His Majesty the Emperor Menelek II.) 10 ARGENTINE REPUBLIC. [Februarj 2, 1825. ARGENTINE REPUBLIC. No. 2. TREATY OF AMITY, COMMERCE, AND NAVIGATION BETWEEN GREAT BRITAIN AND THE UNITED PROVINCES OF Rio DE LA PLATA. Signed at Buenos Ayres, February 2, 1825.* EXTENSIVE Commercial Intercourse having been established for a series of years between the Dominions of His Britannick Majesty, and the Territories of The United Provinces of Rio de la Plata, it seems good for the security as well as encourage- ment of such Commercial Intercourse, and for the maintenance of good understanding between His said Britannick Majesty and the said United Provinces, that the Relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a Treaty of Amity, Commerce, and Naviga- tion. For this purpose they have named their respective Plenipo- tentiaries, that is to say ; His Majesty the King of the United Kingdom of Great Britain and Ireland, Woodbine Parish, Esquire, His said Majesty's Consul-General in the Province of Buenos Ayres and its Dependencies: and The United Provinces of Rio de la Plata, Senor Don Manuel Jose Garcia, Minister Secretary for the Departments of Government, Finance, and Foreign Affairs, of the National Executive Power of the said Provinces ; Who, after having communicated to each other their respec- tive Full Powers, found to be in due and proper form, have agreed upon and concluded the following Articles : ARTICLE 1. Friendship. There shall be perpetual Amity between the Dominions and Subjects of His Majesty the King of the United Kingdom of Great Britain and Ireland, and The United Provinces of Rio de la Plata, and their Inhabitants. * Signed also in Spanish, February 2, 1825.] ARGENTINE REPUBLIC. 11 ARTICLE II. Freedom of Commerce, Navigation, and Residence. Hiring, &c. 9 of Houses and Warehouses. There shall be, between all the Territories of His Britannick Majesty in Europe, and the Territories of The United Provinces of Rio de la Plata, a reciprocal freedom of Commerce : The Inhabitants of the two Countries, respectively, shall have liberty freely and securely to come, with their Ships and Cargoes, to all such Places, Ports, and Rivers, in the Territories aforesaid, to which other Foreigners are or may be permitted to come, to enter into the same, and to remain and reside in any part ot the said Territories respectively ; also to hire and occupy houses and warehouses for the purposes of their Commerce ; and, generally, the Merchants and Traders of each Nation respec- tively, shall enjoy the most complete protection and security lor their Commerce ; subject always to the Laws and Statutes of the Two Countries respectively. ARTICLE III. Commerce and Navigation in British Dominions out of Europe. Most-favoured-nation Treatment. His Majesty the King of the United Kingdom of Great Britain and Ireland engages further, that in all his Dominions situated out of Europe, the Inhabitants of The United Provinces of Rio de la Plata shall have the like liberty of Commerce and Navigation stipulated for in the preceding Article, to the full extent in which the same is permitted at present, or shall be permitted hereafter, to any other Nation. ARTICLE IV. Imports and Exports : Duties and Prohibitions. Most-favoured- nation Treatment. No higher or other Duties shall be imposed on the importation into the Territories of His Britannick Majesty, of any Articles of the growth, produce, or manufacture of The United Provinces of Rio de la Plata, and no higher or other Duties shall be imposed on the importation into the said United Provinces, of any Articles of the growth, produce, or manufacture of His Britannick Majesty's Dominions, than are or shall be payable on the like Articles, being the growth, produce, or manufacture of any other Foreign Country ; nor shall any other or higher Duties or Charges be imposed, in the Territories or Dominions of either of the Contracting Parties, on the exportation of any 12 ABGENTINE REPUBLIC. [February 2, 1825. Articles to the Territories or Dominions ot the other, than such as are or may be payable on the exportation of the like Articles to any other Foreign Country : nor shall any prohibition be imposed upon the exportation or importation of any Articles the growth, produce, or manufacture of His Britamiick Majesty's Dominions, or of the said United Provinces, which shall not equally extend to all other nations. ARTICLE V. Tonnage, Ligltt, Pilotage^ Salvage, and Harbour Dues, &c. National Treatment. No higher or other Duties or Charges on account of Tonnage, Light, or Harbour Dues, Pilotage, Salvage in case of Damage or Shipwreck, or any other local charges, shall be imposed, in any of the Ports of the said United Provinces, on British Vessels of the burthen of above one hundred and twenty tons, than those payable, in the same Ports, by Vessels of the said United Provinces of the same burthen ; nor in the Ports of any of His Britannick Majesty's Territories, on the Vessels of the United Provinces of above one hundred and twenty tons, than shall be payable, in the same Ports, on British Vessels of the same burthen. ARTICLE VI. Imports and Exports in Vessels of either Country. Drawbacks, and Bounties. National Treatment. The same Duties shall be paid on the importation into the said United Provinces of any Article the growth, produce, or manufacture of His Britannick Majesty's Dominions, whether such importation shall be in Vessels of the said United Provinces, or in British Vessels ; and the same Duties shall be paid on the importation into the Dominions of His Britannick Majesty of any Article the growth, produce, or manufacture of the said United Provinces, whether such importation shall be in British Vessels, or in Vessels of the said United Provinces: The same Duties shall be paid, and the same Drawbacks and Bounties allowed, on the exportation of any Articles of the growth, produce, or manufacture of His Britannick Majesty's Dominions to the said United Provinces, whether such exportation shall be in Vessels of the said United Provinces, or in British Vessels ; and the same Duties shall be paid, and the same Bounties and Draw- backs allowed, on the exportation of any Articles the growth, produce, or manufacture of the said United Provinces to His Britannick Majesty's Dominions, whether such exportation shall be in British Vessels, or in Vessels of the said United Provinces. February 2, 1825.] ARGENTINE EEPUBLIC. 13 ARTICLE VII. National Vessels. In order to avoid any misunderstanding with respect to the Regulations which may respectively constitute a British Vessel, or a Vessel of the said United Provinces, it is hereby agreed, that all Vessels built in the Dominions of his Britanriick Majesty, and owned, navigated, and registered according to the Laws of Great Britain, shall be considered as British Vessels ; and that all Vessels built in the Territories of the said United Provinces, properly registered, and owned by the Citizens thereof, or any of them, and whereof the Master and three-fourths of the Mariners, at least, are Citizens of the said United Provinces, shall be considered as Vessels of the said United Provinces. ARTICLE VIII. Transaction of Business. Employment of Agents, &c. Fixation of Prices of Goods. National Treatment. All Merchants, Commanders of Ships, and others, the subjects of His Britannick Majesty, shall have the same liberty in all the Territories of the said United Provinces, as the Natives thereof, to manage their own affairs themselves, or to commit them to the management of whomsoever they please, as Broker, Factor, Agent, or interpreter; nov shall they be obliged to employ any other Persons for those purposes, nor to pay them any salary or remuneration, imless they shall choose to employ them ; and absolute freedom shall be allowed, in all cases, to the Buyer and Seller to bargain and fix the price of any goods, wares, or merchandize imported into, or exported from, the said United Provinces, as they shall see good. ARTICLE IX. loading and Unloading of Vessels, Disposal of Property^ Administration of Justice. Most-favoured-nation and National Treatment. Exemption from Military Service^ Forced Loans^ ife. Taxes. National Treatment. In whatever relates to the lading and unlading of Ships, the safety of merchandize, goods, and effects, the disposal of property of every sort and denomination, by sale, donation, or exchange, or in any other manner whatsoever, as also the administration of Justice, the Subjects and Citizens of the Two Contracting Parties shall enjoy, in their respective Dominions, the same Privileges, Liberties, and Rights, as the most favoured Nation, and shall not be charged, in any of these respects, with any higher Duties or Imposts than those which are paid, or 14 ARGENTINE REPUBLIC. [February 2, 1825. may be paid, by the Native Subjects or Citizens of the Power in whose Dominions they may be resident. They shall be exempted from all compulsory military Service whatsoever, whether by Sea or Land, and from all forced loans, or military exactions or requisitions ; neither shall they be compelled to pay any ordinary taxes, under any pretext whatsoever, greater than those that are paid by Native Subjects or Citizens. ARTICLE X. Appointment of Consuls. It shall be free for each of the Two Contracting Parties to appoint Consuls for the Protection of Trade, to reside in the Dominions and Territories of the other Party ; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the Contracting Parties may except from the residence of Consuls, such particular Places as either of them may judge fit to be so excepted. ARTICLE XI. Rupture of Friendly Relations. Position of Persons and Property. National Treatment. For the better security of Commerce between the Subjects of His Britarmick Majesty, and the Inhabitants of The United Provinces of Rio de la Plata, it is agreed, that if at any time any interruption of friendly Commercial Intercourse, or any rupture should unfortunately take place between the Two Contracting Parties, the Subjects or Citizens of either of the Two Contracting Parties residing in the Dominions of the other, shall have the privilege of remaining and continuing their Trade therein, without any manner of interruption, so long as they behave peaceably, and commit no offence against the laws ; and their effects and property, whether entrusted to Individuals or to the State, shall not be liable to seizure or sequestration, or to any other demands than those which may be made upon the like effects or property belonging to the Native Inhabitants of the State in which such Subjects or Citizens may reside. ARTICLE XII. Liberty of Conscience. Freedom of Religious Worship. Burials. The Subjects of His Britannick Majesty residing in The United Provinces of Rio de la Plata, shall not be disturbed, persecuted, or annoyed on account of their Religion, but they shall have perfect liberty of Conscience therein, and to cele- 2, 1825.] ARGENTINE REPUBLIC. 15 brate Divine Service either within their own private houses, or in their own particular Churches or Chapels, which they shall be at liberty to build and maintain in convenient places, approved of by the Government of the said United Provinces : Liberty shall also be granted to bury the subjects of His Britannick Majesty who may die in the Territories of the said United Provinces, in their own burial places, which, in the same manner, they may freely establish and maintain. In the like manner, the Citizens of the said United Provinces shall enjoy within all the Dominions of His Britannick Majesty, a perfect and unrestrained liberty of Conscience, and of exercising their Religion publickly or privately, within their own dwelling houses, or in the Chapels and places of worship appointed for that purpose, agreeably to the system of toleration established in the Dominions of His said Majesty. ARTICLE XIII. Disposal of Property by Will. Intestate Estates. It shall be free for the Subjects of His Britannick Majesty, residing in the United Provinces of Rio de la Plata, to dispose of their property, of every description, by Will or Testament, as they may judge fit ; and, in the event of any British Subject dying without such Will or Testament in the Terri- tories of the said United Provinces, the British Consul-General, or, in his absence, his Representative, shall have the Right to nominate Curators to take charge of the property of the deceased, for the benefit of his lawful heirs and creditors, without interference, giving convenient notice thereof to the Authorities of the Country ; and reciprocally. ARTICLE XIV. Abolition of Slave Trade. His Britannick Majesty being extremely desirous of totally abolishing the Slave Trade, The United Provinces of Rio de la Plato engage to co-operate with His Britannick Majesty for the completion of so beneficent a work, and to prohibit all Persons inhabiting within the said United Provinces, or subject to their jurisdiction, in the most effectual manner, and by the most solemn laws, from taking any share in such Trade. ARTICLE XV. Ratifications. The present Treaty shall be ratified, and the Ratifications shall be exchanged in London within four months, or sooner it possible. 16 -ARGENTINE KEPUBLIC. Tn witness whereof the respective Plenipotentiaries have signed the same, and have affixed their seals thereunto. Done at Buenos Ayres, the second day of February, in the year of our Lord one thousand eight hundred and twenty-five. (L.S.) WOODBINE PARISH, H.M. Consul-General. . (L.S.) MANL. J. GARCIA. No, 3, TREATY BETWEEN GREAT BRITAIN AND THE ARGENTINE CON- FEDERATION FOR THE FREE NAVIGATION OF THE RIYERS PARANA AND URUGUAY. Signed at San Jose de Flares, July 10, 1853.* [Ratifications exchanged at Parana, March 11, 1854.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and his Excellency the Provisional Director of the Argentine Confederation, being desirous of strengthening the bonds of friendship which so happily subsist between their respective States and Countries, and convinced that the surest means of arriving at this result is to take in concert all the measures requisite for facilitating and developing commercial relations, have resolved to determine by Treaty the conditions of the free navigation of the Rivers Parana and Uruguay, and thus to remove the obstacles which have hitherto impeded this navigation. With this object they have named as their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Charles Hotham, Knight Commander of the Most Honourable Order of the Bath, a Captain in Her Majesty's Navy, and one of Her Aides-de-camp, accredited on a special mission to the Argentine Confederation ; And his Excellency the Provisional Director of the Argentine Confederation, Doctor -Don Salvador Maria del Carrii, and Doctor Don Jose Benjamin Gorostiaga ; Who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following Articles : * Signed also in Spanish. July 10, 1853.] ARGENTINE REPUBLIC. 17 ARTICLE L Free Navigation of Parana and Uruguay. The Argentine Confederation, in the exercise of her sovereign rights, concedes the free navigation of the Rivers Parana and Uruguay, wherever they may belong to her, to the merchant vessels of all nations, subject only to the conditions which this Treaty establishes, and to the regulations sanctioned, or which may hereafter be sanctioned, by the national authority of the Confederation. ARTICLE II. Privileges of Vessels in Argentine Ports. Consequently, the said vessels shall be admitted to remain, load, and unload in the places and ports of the Argentine Confederation which are open for that purpose. ARTICLE III. Facilities for Internal Navigation. .The Government of the Argentine Confederation, being desirous to provide every facility for interior navigation, agrees to maintain beacons and* marks pointing out the channels. ARTICLE IV. Collection of Customs Duties and Harbour, Light, Police, and Pilotage Dues. A uniform system shall be established by the competent authorities of the Confederation for the collection of the custom- house duties, harbour, lights, police, and pilotage dues, along the whole course of the waters which belong to the Confederation. ARTICLE V. Island of Martin Garcia. The High Contracting Parties, considering that the Island of Martin Garcia may, from its position, embarrass and impede the free navigation of the confluents of the River Plate, agree to use their influence to prevent the possession of the said island from being retained or held by any State of the River Plate, or its confluents, which shall not have given its adhesion to the principle of their free navigation. [536] 18 ARGENTINE REPUBLIC. [July 10, 1853. ARTICLE VI. Navigation of Paranti and Uruguay in time of War. If it should happen (which God forbid) that war should break out between any of the States, Republics, or Provinces of the River Plate or its confluents, the navigation of the Rivers Parana and Uruguay shall remain free to the merchant flag of all nations, excepting in what may relate to munitions of war, such as arms of all kinds, gunpowder, lead, and cannon-balls, ARTICLE VII. Power of Brazil^ Bolivia, Paraguay, and Uruguay, to accede, to Treaty. Power is expressly reserved to His Majesty the Emperor of Brazil, and the Government of Bolivia, Paraguay, and the Oriental State of Uruguay, to become parties to the present Treaty, in case they should be disposed to apply its principles to the parts of the Rivers Parana, Paraguay, and Uruguay, over which they may respectively possess fluvial rights. ARTICLE VIII. Navigation of Parand and Uruguay. Most-favoured-nation Treatment, The principal objects for which the Rivers Parana and Uruguay are declared free to the commerce of the world being to extend the mercantile relations of the countries which border them, and to promote immigration, it is hereby agreed that no favour or immunity shall be granted to the flag or trade of any other nation, which shall not equally extend to those of Her Britannic Majesty, ARTICLE IX. Ratifications. The present Treaty shall be ratified by Her Majesty the Queen of the United Kingdom of Great Britain and Ireland within six months from its date, and within two days by his Excellency the Provisional Director of the Argentine Confedera- tion, who shall present it to the first Legislative Congress of the Confederation for their approbation. The ratification shall be exchanged within eighteen months at the place of residence of the Government of the Argentine Confederation, July 10, 1853.] ARGENTINE REPUBLIC. 19 In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at San Jose de Flores, on the tenth day of July, in the year of our Lord one thousand eight hundred and fifty -three. (L.S.) CHAS. HOTHAM. (L.S.) SALVADOE MARIA DEL CARRiL. (L.8.) JOSE B. GOROSTIAGA. [536] C 2 20 AUSTRIA-HUNGARY, [April 30 ; 1868. AUSTRIA-HUNGARY. No. 4. TREATY OF NAVIGATION BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY. Signed at Vienna, April 30, 1868.' [Ratifications exchanged at Vienna, June 26, 1868.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the one part, and His Imperial and Royal Apostolic Majesty, on the other part, being equally animated by the desire of extending and promoting the facilities of Navigation between their respective States and Dominions, have resolved to conclude a Treaty for that purpose, and have named for their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Arthur Douglas Baron Bloomfield of Oakhampton and Redwood, a Peer of Ireland, a Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, Her Majesty's Ambassador Extraordinary and Pleni- potentiary to His Imperial and Royal Apostolic Majesty; and Louis Mallet, Esquire, Companion of the Most Honourable Order of the Bath, Assistant Secretary to the Committee of Her Majesty's Most Honourable Privy Council for Trade and Foreign Plantations ; And His Imperial and Royal Apostolic Majesty, Frederic Ferdinand Baron Beust, His Imperial Majesty's Privy Councillor, Chancellor of the Empire, and Minister of the Imperial House and of Foreign Affairs, Grand Cross of the Orders of St. Stephen and Leopold : Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles : * Signed also in German. April 30, 1868.] AUSTRIA-HUNGARY. 21 ARTICLE I. Vessels and Cargoes. National Treatment. British ships and their cargoes in all the dominions of His Imperial and Royal Apostolic Majesty, and ships belonging to the citizens of the Imperial and Royal States and their cargoes in all the dominions of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, from whatever place arriving and whatever may be their place of destination, and whatever may be the place of origin or destination of their cargoes, shall be treated in every respect as national ships and their cargoes. Navigation . Most-faw ured-nation Treatmen t. Every favour or exemption in these respects, or any other privilege in matters of Navigation, which either of the Contract- ing Parties shall grant to a third Power, shall be extended immediately and unconditionally to the other Party. Fisheries excepted* It is, however, agreed that this stipulation shall not be applicable to the national fisheries of either of the two countries. ARTICLE II. Colonial Coasting Trade. National Treatment. The stipulations contained in the preceding Article are also to be applied to the Colonies and Foreign Possessions of Her Britannic Majesty, as well as to the ships and cargoes of the same ; but, as regards the coasting trade, only in those Colonies and Foreign Possessions the coasting trade of which shall have been, or shall be hereafter, opened to foreign ships in conformity with the Acts of Parliament which govern this matter. The Foreign Possessions and Colonies of "Her .Britannic Majesty the coasting trade of which has been already so opened to foreign ships, and in, "which therefore ships belonging to the citizens of the Imperial and Royal States are placed on the national footing, are : British India, Ceylon, Cape of Good Hope, Victoria, St. Lucia. 22 AUSTBIA-HUNGARY. [April 30, 1868. ARTICLE III. Wrecks and Salvage. National Treatment. If any ship of war or merchant-vessel of one of the Con- tracting Parties should run aground or be wrecked, or meet with any casualty upon the coasts of the other, the same aid and assistance shall be rendered to it, and to the cargo, apparel, and furniture thereof, as to a national vessel ; and in such case no other expenses shall be paid by the owners or their agents and representatives for the preservation of the property or of the lives of the persons on board the ship, than would be payable in the like case of a wreck of or casualty to a national vessel. In case the master of a merchant-vessel should be under the necessity of disposing of a part of his merchandize in 'order to defray any salvage expenses, no impediment shall be opposed by the authorities, the master being bound, however, to conform to the existing regulations and Tariffs. The goods and merchandize saved from the wreck shall be exempt from all duties of Customs, unless cleared for con- sumption. The respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall, if the owner or master, or other agent of the owner, is not present, or is present and requires it, or is bound by the laws of his country to accept Consular assistance, be authorized to interpose in order to afford the necessary assistance to those concerned. ARTICLE IV, Seamen Deserters. The Consuls^General, Consuls, Vice-Consuls, and Consular Agents of each of the Contracting Parties residing in the Dominions and Possessions of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries. ARTICLE V. National Vessels. All vessels which according to British law are to be deemed British vessels, and all vessels which, according to the laws prevailing in the States of His Imperial and Royal Apostolic Majesty, are to be deemed vessels belonging to the subjects of His Imperial and Royal Apostolic Majesty, shall, for the purposes April 30, 1868.] AUSTRIA-HUNGARY. 23 of this Treaty, be respectively deemed British vessels, and vessels belonging to the citizens of the Imperial and Royal States. ARTICLE VI. Duration of Treaty. The present Treaty shall remain in force from the exchange of the ratifications thereof until the 31st December, 1877 ; and in case neither of the High Contracting Powers shall have notified to the other twelve months before the expiration of the said period, the intention to put an end to its operation, the Treaty shall continue in force for another year, and so on from year to year, until the expiration of a year counting from the day on which one or other of the High Contracting Parties shall have announced its intention of putting an end to it. ARTICLE VIL Ratifications. The present Treaty shall be ratified, and the ratifications shall be exchanged at Vienna, within eight weeks, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Vienna, this 30th day of April, in the year of our Lord one thousand eight hundred and sixty-eight. (L.S.) BLOOMFIELD. (L.S.) LOUIS MALLET. (L.S.) BEUST. 24 AUSTRIA-HUNGARY. [December 5, 1876. No. 5. TREATY OF COMMERCE BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY. Signed at Buda-Pesth, December 5, 1876.- [Ratifications exchanged at Vienna, December 29, 1876.] HER Majesty the Queen of tlie United Kingdom of Great Britain and Ireland, on the one part, and His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, on the other part, being equally desirous to regulate and extend the commercial relations between their respective States and Possessions, have resolved, after notice had been given for the termination of the Treaty of Commerce of the 16th of December, 1865, and of the Convention supple- mentary thereto of the 30th December, 1869, to conclude a new Treaty for the above purpose, and have appointed as their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Sir Andrew Buchanan, a Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, Her Majesty's Ambassador Extraordinary and Pleni- potentiary to His Imperial and Royal Apostolic Majesty; And His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, Julius, Count Andrassy de Csik-Szeiit-Kiraly et Kraszna-Horka, Grand Cross of the Order of St. Stephen, General in His Imperial Majesty's Army, Privy Councillor, Minister of the Imperial House and of Foreign Affairs Who, after -having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles : ARTICLE I. Residence, Commerce, Imposts.- Most -favoured -nation Treatment. The subjects of His Imperial and Royal Apostolic Majesty who reside temporarily or permanently in the territories and possessions, including the Colonies and foreign possessions, of * Signed also in German and Magyar. December 5, 1876.] AUSTRIA-HUNGARY. 25 Her Britannic Majesty, and the subjects of Her Britannic Majesty who reside temporarily or permanently in the Austro- Hungariaii Monarchy, shall enjoy therein during 1 the continuance of this Treaty, with respect to residence and the exercise of commerce and trade, the same rights as, and shall not be subjected to any higher or other imposts than, the subjects of any third country the most favoured in these respects. ARTICLE II. Imports : Duties, &c. Most-favoured-nation Treatment. The produce and manufactures of, as well as all goods coming from, Austria-Hungary, which are imported into the territories and possessions, including the Colonies and foreign possessions, of Her Britannic Majesty, and the produce and manufactures of, as well as all goods coming from, British possessions, which are imported into the Austro -Hungarian Monarchy, whether intended for consumption, warehousing, re-exportation or transit, shall therein, during the continuance of this Treaty, be treated in the same manner as, and in particular shall be subjected to no higher or other duties than, the produce- and goods of any third country, the most favoured in this respect. Exports : Duties, &c. Most-favoured-nation Treatment. No other or higher duties shall be levied in the Austro- Hungarian Monarchy on the exportation of any goods to the territories and possessions, including the Colonies and foreign possessions, of Her Britannic Majesty, or in the territories and possessions, including the Colonies and foreign possessions, of Her Britannic Majesty, on the exportation of any goods to the Austro-Hungarian Monarchy, than on the exportation of the like goods to any third country the most favoured in this respect, Transit of Goods. Most- favoured-nation Treatment. The two High Contracting Parties likewise guarantee to each other treatment on the footing of the most favoured third country in regard to the transit of goods through the territory of the one from and to the territory of the other. ARTICLE III. Reductions in Tariff, Favours, and Immunities. Most-favoured- nation Treatment, Every reduction in the Tariff of Import and Export Duties, as well as every favour or immunity that one of the Con- 26 AUSTRIA-HUNGARY. [December 5, 1876. trading Parties grants to the subjects and commerce of a third Power, shall be participated in simultaneously and unconditionally by the other. ARTICLE IV. Exceptions to Most-favoured-nation Treatment. The stipulations of the foregoing Articles, I to III, relative to the reciprocal treatment on the footing of the most favoured third country, shall not apply Turkish Trade. 1. To those special and ancient privileges which are accorded to Turkish subjects for the Turkish trade in Austria-Hun gary. Frontier Traffic and District Privileges. 2. To those advantages which are or may be granted on the part of the Austro-Hungarian Monarchy to the neigh- bouring countries solely for the purpose of facilitating the frontier traffic, or to those reductions of, or exemptions from, Customs duties which are only valid in the said Monarchy for certain frontiers, or for the inhabitants of certain districts. Customs Union. 3. To the obligations imposed upon either of the High Contracting Parties by a Customs Union already concluded, or which mav hereafter be concluded. * ARTICLE V. Exports, Imports, and Transit : Prohibitions. -Most-favoured* nation Treatment. Neither of the High Contracting Parties shall establish a prohibition of importation, exportation, or transit against the other which shall not, under like circumstances, be applicable to the third country most favoured in this respect, ARTICLE VI. Trade-Marks, &c. -National Treatment. The subjects of one of the two High Contracting Parties shall enjoy in the territories of the other the same protection 'as native subjects with regard to rights of ownership over December 5, 1876.] AUSTRIA-HUNGARY. 27 trade and manufacture marks, and other distinctive marks of goods or their packages, as well as over patterns and designs for manufactures. The subjects of Her Britannic Majesty will not, however, be able to claim in Austria-Hungary the exclusive right to a mark or other indication on a pattern or design unless they have deposited two specimens of it in the Chambers of Commerce at Vienna and Buda-Pesth. ARTICLE VIL Duration of Treaty. The present Treaty shall come into force on the 1st of January, 1877, and remain in operation until the 31st of December of the same year. ARTICLE VIIL Ratifications. The present Treaty shall be ratified as soon as possible, and the ratifications shall be exchanged at Vienna by the 31st of December, 1876, at latest. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Buda-Pesth, on the 5th day of December, in the year of our Lord one thousand eight hundred and seventy-six. (L.S.) ANDREW BUCHANAN. (L.S.) ANDRASSY. No. 6. PROTOCOL RESPECTING ARTICLE IV OF THE TREATY OF COM- MERCE BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY OF DECEMBER 5, 1876. Signed at Buda-Pesth, December 5, 1876.* Definition of Customs Union mentioned in Article IV of Treaty. ON proceeding to the signature of the Treaty of Commerce concluded this day between the United Kingdom of Great * Signed also in German and Magyar. 28 AOTTHIA-HrSV.ARY. Britain and Ireland and the Anstro-Hnngarian Monarchy, and on the demand addressed to him by the Plenipotentiary of Her P>ritannie Majesty, the Plenipotentiary of His Majesty the Emperor and 'King heivhy declares that the stipulation con- tained iu paragraph > of Article IV only refers to the Customs Union between the said Monarchy and the Principality of Liechtenstein. The Plenipotentiary of Her Britannic Majesty takes note of this declaration. The present Protocol, drawn up in duplicate, was signed at Bnda-Pesth, on the 5th December, 1870. ANDREW BITCH AX AX. AND1USSY. No. 7. DECLARATION PROLONGING THE DURATION OF THE TREATY OF COMMERCE BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY OF DECEMBER 5. 1870. Signed at Buda-Pestli, Xoi'cmba' 20. 1877.* WHEREAS the Treaty of Commerce concluded between Great Britain and Austria-Hungary 011 the 5th of December. . will terminate, according to Article VII. upon the 31st of December, 1877, the Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of His Majesty the Emperor of Austria, King of Bohemia, etc.. Apostolic King of Hungary, actuated by the desire to prolong the operation of this Treaty, have agreed upon the following stipulation : The duration of the Treaty of Commerce concluded between Great Britain and Austria-Hungary on the 5th of December, shall be prolonged indefinitely, with the reservation that both the Contracting Parties are at all times entitled to de- nounce tlu- same. In ease one of the two Contracting Parties should notify its intention to put an end to the operation of this Treaty, it shall remain in force for the term of one year from the date upon which the notice shall have been given. * Signed also in German and Magyar. November 26, 1877.] AUSTRIA-HUNG ARY. 2 9 February lo, 1887.J In witness whereof the Undersigned have signed the above Declaration in duplicate, and have affixed thereto the seal of their arms. Done at Buda-Pesth, this 26th November, 1877. (L.S.) ANDREW BUCHANAN. (L.S.) ANDRASSY. No. 8. DECLARATION BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY FOR THE ADMISSION DUTY FREE OF PATTERNS AND SAMPLES IMPORTED BY COMMERCIAL TRAVELLERS. Signed at London, February 15, 1887.* THE Undersigned, being duly authorized to that effect, hereby declare that articles liable to duty, serving as patterns and samples, which are introduced into Great Britain by com- mercial travellers of the Austro-Hungarian Monarchy, or into the Austro-Hungarian Monarchy by commercial travellers of Great Britain, shall henceforth be admitted free of duty, subject to the following formalities requisite to insure their being re- exported or placed in bond : 1. The officers of Customs at any port or place at which the patterns and samples may be imported, shall ascertain the amount of duty chargeable thereon. That amount must either be deposited by the commercial traveller at the Custom-house in money, or ample security must be given lor it. 2. For the purpose of identification each separate pattern or sample will, as far as possible, be marked, free of expense, by ths affixing of a stamp, or by means of a seal, or leaden seal, attached to it. 3. A permit or certificate shall be given to the importer which shall contain (a.) A list of the patterns or samples imported, specifying the * Signed also in German and Magyar. 30 AUSTRIA-HUNGABY. [February 15, 1887. nature oi the goods, and also such particular marks as may be proper for the purpose of identification ; (b.) A statement of the duty chargeable on the patterns or samples, as also whether the amount was deposited in money, or whether security was given for it ; (c.) A statement relative to the manner in which the patterns or samples were marked ; (d.) The appointment of a period, which at the utmost must not exceed twelve months, at the expiration of which, unless it ig proved that the patterns or samples have been previously re- exported or placed in bond, the amount of duty deposited will be carried to the public account, or the amount recovered under the security given. 4. Patterns or samples may also be re-exported through any other Custom-house than the one through which they were imported. 5. If before the expiration of the appointed time (3, d), the patterns or samples should be presented at the Custom-house of any port or place for the purpose of re-exportation, or being placed in bond, the officers at such port or place must satisfy themselves by examination whether the articles which are brought to them are the same as those for which the permit of entry was granted. If there are no objections in this respect, the officers will certify the re-exportation or deposit in bond, and will refund the duty which had been deposited, or will take the necessary steps for discharging the security. In witness whereof the Undersigned have signed the present Declaration, and have affixed thereto the seal of their arms. Done at London, the fifteenth day of February, 1887. (L.S.) SALISBURY (L.S.) KAROLYL November 13, 1862.] BELGIUM. 31 BELGIUM. No. 9. CONVENTION BETWEEN GREAT BRITAIN AND BELGIUM, RELATIVE TO JOINT STOCK COMPANIES, Signed at London, November 13, 1862,* [Ratifications exchanged at London, December S, 18 62.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Belgians, having judged it expedient to come to an understanding in order to define, within their respective dominions and possessions, the position of commercial, industrial, and financial Companies and Associations constituted and authorized in conformity with the laws in force in either of the two countries, have resolved to conclude a Convention for that purpose, and have named as th oir Plenipotentiaries, that is to sa} : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Eaii Russell, Viscount Amberley of Amberley and Ardsalla, a Peer of the United Kingdom, Knight of the Most Noble Order of the Garter, a Member of Her Britannic Majesty's Most Honourable Privy Council, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs ; and the Right Honourable Thomas Milner Gibson, a Member of Her Britannic Majesty's Most Honourable Privy Council, a Member of Parliament, and President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations ; And His Majesty the King of the Belgians, the Sieur Sylvain Van de Weyer, His Envoy Extraordinary and Minister Pleni- potentiary to Her Britannic Majesty, Grand Cross of the Order of Leopold, decorated with the Iron Cross, Grand Crows of the Order of Charles III of Spain, of the Order of the Ernestine Branch of Saxony, of the Tower and Sword, of St. Maurice and St. Lazarus, Commander of the Legion of Honour, Ac. ; * Signed also in French. 32 BELGIUM. [November 13, 1862. 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. Rights of Companies. Access to Tribunals. The High Contracting Parties declare that they mutually grant to all Companies and other -Associations, commercial, industrial, or financial, constituted and authorized in conformity with the laws in force in either of the two countries, the power of exercising all their rights, and of appearing before the Tribunals, whether for the purpose of bringing an action, or for defending the same, throughout the dominions and possessions of the other Power, subject to the sole condition of conforming to the laws of such dominions and possessions. ARTICLE II. Application to all Companies constituted previously or subsequently to Convention, It is agreed that the stipulations of the preceding Article shall apply as well to Companies and Associations constituted and authorized previously to the signature of the present Convention, as to those which may subsequently be so constituted and authorized. ARTICLE III. Duration of Convention, The present Convention is concluded without limit as to duration. Either of the High Powers shall, however, be at liberty to terminate it by giving to the other a year's previous notice. The two High Powers, moreover, reserve to themselves the power to introduce into the Convention, by common consent, any modifications which experience may show to be desirable. ARTICLE IV. Ratifications. The present Convention shall be ratified, and the ratifica- tions shall be exchanged at London in one month, or sooner if possible. Nov. 13, 1861 July 27, 1898.] BELGIUM. 33 Iii witness whereof the -respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London, the thirteenth day of November, in the year of our Lord one thousand eight hundred and sixty-two. (L.S.) RUSSELL. (L.S.) T. MILNER GIBSON. (L.S.) SYLVAIN VAN DE WETEB, No, 10. EXCHANGE OF NOTES ESTABLISHING A PROVISIONAL " MODUS VIVENDI" BETWEEN GREAT BRITAIN AND BELGIUM PENDING THE CONCLUSION OF A TREATY OF COMMERCE AND, NAVIGA- TION BETWEEN. THE TWO COUNTRIES. July 27, 1898. (No, 1.) M. de Favereau to Sir F. Plunketl, LE Soussigne, Ministre des Affaires l5trangeres du Royaume de Belgique, a Phonneur de porter a la connaissance de son Excellence Sir Francis Plunkett, Envoye Extraordinaire et Ministre Plenipotentiaire du Royaume-Uni de Grande-Bretagne et d'Irlande, que, en attendant la signature d'un Traite definitif, le Gouvernement du Roi s'engage, sous condition de reciprocite, a ne pas modifier, apres le 29 Juillet, 1898, le regime actuelle- ment applique aux sujets et aux produits du Royaume-Uni de Grande-Bretagne et d'Irlande, a moins de preavis donne trois mois a Favance au Gouvernement Britannique. II est entendu, toutefois, que le present engagement ne fait pas obstacle a la faculte pour les deux Gouvernements d'apporter au regime existant entre leg deux pays les modifications qui seraient rendues applicables a tous les autres pays indistincte^ ment. Le Soussigne saisit, &c. (Signe) P. DE FAVEREAU. Brunettes, le 27 Juillet, 1898. [536] D 34 BELGIUM. [July 27, 1898. Aug. 30,1893. (No. 2.) Sir F. Plunhtt to M. de Favercau. THE Undersigned, Her Britannic Majesty's Envoy Extra- ordinary and Minister Plenipotentiary at Brussels, being duly authorized thereto by his Government, has the honour to accept, on the conditions therein laid down, the proposal made in the note of this date which his Excellency M. de Favereau, Minister for Foreign Affairs of the Kingdom of Belgium, has done him the honour of addressing to him. establishing a provisional modus vivendi between the United Kingdom of Great Britain arid Ireland and the Kingdom of Belgium pending the conclusion of a definite Treaty of Commerce and Navigation. The Undersigned has, therefore, the honour to state that, on this understanding, Her Britannic Majesty's Government will, on their part, undertake not to make any modification after the 29th July, 1898, in the system actually applied in the United Kingdom of Great Britain and Ireland to the subjects and pro- ducts of Belgium, unless previous notice of any such change shall have been given three months beforehand to the Belgian Government. It is clearly understood that the present engagement does not prevent either of the two Governments making, in the system actually in force between the two countries, such modi- fications as may be made applicable to all other countries. The Undersigned avails, &c. (Signed) F. R. PLUNKETT. British Ijegation, Brussels, July 27, 1898. No. 11. EXCHANGE OF NOTES EXTENDING TO BRITISH INDIA THE PRO- VISIONAL "MODUS VIVENDI" BETWEEN GREAT BRITAIN AND BELGIUM PENDING THE CONCLUSION OF A TREATY OF COMMERCE AND NAVIGATION BETWEEN THE TWO COUNTRIES. August 30, 1898. (No. 1.) Sir F. Plunkett to M. de Favereau. THE Undersigned, Her Britannic Majesty's Envoy Extraor- dinary and Minister Plenipotentiary Brussels, duly authorized August 30, 1893.] BELGIUM. 35 thereto by Her Britannic Majesty's Government, has the honour to inform his Excellency M. de Favereau, Minister for Foreign Affairs of the Kingdom of Belgium, that the Government of India, being anxious to be included in the modus uivendi estab- lished between the United Kingdom of Great Britain and Ireland and the Kingdom of Belgium by the notes exchanged between M. de Favereau and the Undersigned on the 27th of last month, undertakes to adhere to the conditions therein specified as soon as the Government of Belgium gives a cor- responding engagement on its part. The Undersigned avails himself, &c. (Signed) F. R. PLUNKETT. British Legation, Brussels, August 30, 1898. (No. 2.) M. de Favereau to Sir F. Phmkett. LE Soussigne, Ministre des Affaires fitrangeres du Royaume de Belgique, a 1'honneur de porter a la connaissance de son Excellence Sir Francis Plunkett, Envoy e Extraordinaire et Ministre Plenipotentiaire du Royaume-Uni de Grande-Bretagne et-d'lrlande, comme suite a sa ; notification de ce jour, que, eii attendant la signature d'un Traite definitif, le Gouvernement clu Roi s'engage, sous condition de reciprocite, a etendre aux siTJete et aux produits de 1'Iride le modus vivcndi etahli le 27 Juillet, 1898, eiitre la Belgique et le Royaume-Uni de Grande- Bretagne et d'Irlande, sous les conditions et reserves stipulees dans le dit Arrangement. Le Soussigne saisit, &c. (Signe) P. DE FAVEREAU. Brunettes, le 30 A out, 1898. I f j O JD - 36 BELGIUM. [November 5, 1898. No. 12. EXCHANGE OF NOTES EXTENDING TO MALTA THE PROVISIONAL " MODUS VIVENDI" BETWEEN GREAT BRITAIN AND BELGIUM PENDING THE CONCLUSION OF A TREATY OF COMMERCE AND NAVIGATION BETWEEN THE TWO COUNTRIES. November 5, 1898. (No. 1.) Sir F. Plunkett to M. de Favereau. THE Undersigned, Her Britannic Majesty's Envoy Extraor- dinary and Minister Plenipotentiary in Brussels, duly authorized thereto by Her Britannic Majesty's Government, has the honour to inform his Excellency M. de Favereau, Minister for Foreign Affairs of the Kingdom of Belgium, that the Government of Malta, being anxious to be included in the modus vivendi established between the United Kingdom of Great Britain and Ireland and the Kingdom of Belgium by the notes exchanged between M. de Favereau and the Undersigned on the 27th July, 1898, undertakes to adhere to the conditions therein specified as soon as the Government of Belgium gives a corresponding engagement on its part. The Undersigned avails, c. (Signed) F, R. PLUNKETT. British Legation, Brussels, November 5, 1898. (No. 2.) M. de Favereau to Sir F. Plunkett. LE Soussigne, Ministre des Affaires Etrangeres da Royaume de Belgique, a riionneur de porter a la connaissance de son Excellence Sir Francis Plunkett, Erivoye Extraordinaire et Ministre Plenipotentiaire du Royaume-Uni de Grande-Bretagne et dTrlande, comme suite a sa notification de ce jour, que, en attendant la signature d'un Traite definitif, le Gouvernement du Roi s'engage, sous condition de reciprocite, a etendre aux sujets et aux produits de Malte le modus vivendi etabli le 27 Juillet, 1898, entre la Belgique et le Royaume-Uni de Grande-Bretagne et d'Irlande, sous les conditions et reserves stipulees dans le dit Arrangement. Le Soussigne saisit, &c. (Signe) P. DE FAVEREAU. Bruaelles, le 5 Novembre, 1898. November 25, 1893.] BELGIUM. 37 No. 13. EXCHANGE OF NOTES EXTENDING TO CYPRUS THE PROVISIONAL " MODUS VIVENDI" BETWEEN GREAT BRITAIN AND BELGIUM PENDING THE CONCLUSION OF A TREATY OF COMMERCE AND NAVIGATION BETWEEN THE TWO COUNTRIES. November 25, 1898. (No. L) Sir F. Plunkett to M. de Favereau. THE Undersigned, Her Britannic Majesty's Envoy Extraor- dinary and Minister Plenipotentiary in Brussels, duly authorized thereto by Her Britannic Majesty's Government, has the honour to inform his Excellency M. de Favereau, Minister for Foreign Affairs of the Kingdom of Belgium, that the Government of Cyprus, being anxious to be included in the modus vivendi estab- lished between the United Kingdom of Great Britain and Ireland and the Kingdom of Belgium by the notes exchanged between M. de Favereau and the Undersigned 011 the 27th July, 1898, undertakes to adhere to the conditions therein specified as soon as the Government of Belgium gives a corresponding engagement on its part. The Undersigned avails, ' LINARES. ADDITIONAL ARTICLES, ARTICLE I. Bolivian National Vessels. Whereas, in the present state of Bolivian shipping, it would not be possible for the said Repuhlick to receive the full advantage of the reciprocity established by the Articles V, VI, and VII of the Treaty signed this day, if that part of the Vllth Article which stipulates that, in order to be considered as a Bolivian ship, a ship shall actually have been built in the Republick of Bolivia, should be strictly and literally observed, and immediately brought into operation ; it is agreed that, for the space of fifteen years, to be reckoned from the date of the exchange of the ratifications of this Treaty, any ships, whereso- ever built, being bond fide the property of, and wholly owned by, one or more citizens of the Republick of Bolivia, and whereof the master and three-fourths of the mariners, at least, are also natural-born citizens of the Republick of Bolivia, or persons domiciliated in the Republick of Bolivia by act of the Government, as lawful subjects of the Republick of Bolivia, to be certified according to the laws of that country, shall be considered as Bolivian ships; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland reserving to Herself the right, at the end of the said term of fifteen years, to claim the principle of reciprocal restriction stipulated for in the Article VII, above referred to, if the interests of British navigation shall be found to be prejudiced by the present exception to that reciprocity, in favour of Bolivian shipping. September 29, 1840.] BOLIVIA. 55 ARTICLE II. Vessels and Cargoes. Import .Duties. Export Duties. Bounties and Drawbacks. Most-favoured-nation Treatment. It is further agreed that, for the like term of fifteen years, the stipulations contained in the Articles V and Vl-of-the present Treaty shall be suspended ; and, in lieu thereof, it is hereby agreed, that until the expiration of the said term of fifteen years, British ships entering into the ports of the Republick of Bolivia, from the United Kingdom of Great Britain and Ireland, or any other of Her Britannick Majesty's dominions, and all articles, the growth, produce, or manufacture of the United Kingdom, or ot any of the said dominions, imported in such ships, shall pay no other or higher duties than are or may hereafter be payable, in the said ports, by the ships, and the like goods, the growth, produce, or manufacture of the most favoured nation; and, reciprocally, it is agreed that Bolivian ships entering into the ports of the United Kingdom of Great Britain and Ireland, or any other of Her Britannick Majesty's dominions, from any port of the Republick of Bolivia, and all articles the growth, produce, or manufacture of the said Republick, imported in such ships, shall pay no other or higher duties than are or may hereafter be payable in the said ports, by the ships and the like goods, the growth, produce, or manu- facture of the most favoured nation ; and that no higher duties shall be paid, or bounties or drawbacks allowed, on the expor- tation of any article, the growth, produce, or manufacture of the dominions of either country, in the ships of the other, than upon the exportation of the like articles in the ships of any other foreign country. It being understood that, at the end of the said term of fifteen years, the stipulations of the said Vth and Vlth Articles shall, from thenceforward, be in full force between the two countries, ARTICLE III. Languages of Treaty. If in the drawing up of this Treaty in the Spanish language, any involuntary error has been made in the translation, the English text is to be adhered to. The present Additional Articles shall have the same force and validity as if they were inserted, word for word, in the Treaty signed this day. They shall be ratified, and the ratifications shall be exchanged at the same time. 56 BOLIVIA. [September 29, 1840. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at Sucre, this twenty-ninth day of September, in the year of our Lord one thousand eight hundred and forty. (L.S.) BELFORD HINTON WILSON. (L.S.) JOSE M A LINARES. May 27, 1847.] BOKNEO. 5? BORNEO, No. 20. TREATY OF FRIENDSHIP AND COMMERCE BETWEEN GREAT BRITAIN AND BORNEO. Signed May 27, 1847.* HER Majesty tbe Queen of the United Kingdom of Great Britain and Ireland, being desirous to encourage commerce between Her Majesty's subjects and the subjects of the independent Princes of the Eastern Seas, and to put an end to piracies which have hitherto obstructed that commerce ; and His Highness Omar AH Saifadeen, who sits upon the throne and rules the territories of Borneo, being animated by corresponding dispositions, and being desirous to co-operate in any measures which may be necessary for the attainment of the above-mentioned objects; Her said Britannick Majesty and the Sultan of Borneo have agreed to record their determination in these respects by a Convention containing the following Articles : ARTICLE I. Peace and Friendship. Peace, friendship, and good understanding shall from henceforward and for ever subsist between Her Majesty the Queen of Great Britian and Ireland and His Highness Omar AH Saifadeen, Sultan of Borneo, and between their respective heirs and successors, and subjects. ARTICLE II. Commerce, Travel, and Residence. Most-favoured-nation Treatment. The subjects of Her Britannick Majesty shall have full liberty to enter into, reside in, trade with, and pass with their * Signed also iu Malay. 58 BORNEO. [May 27, 1847. merchandize through, all parts of the dominions of His High- ness the Sultan of Borneo, and they shall enjoy therein all the privileges and advantages with respect to commerce, or otherwise, which are now or which may hereafter be granted to the subjects or citizens of the most favoured nation ; and the subjects of His Highness the Sultan of Borneo Khali in like manner be at liberty to enter into, reside in, trade with, and pass with their merchandize through, all parts of Her Britannick Majesty's dominions in Europe and Asia, as freely as the subjects of the most favoured nation, and they shall enjoy in those dominions all the privileges and advantages with respect to commerce, or otherwise, which are now or which may hereafter be granted therein to the subjects or citizens of the most favoured nation. ARTICLE III. . Acquisition of Property. Protection of Persons and Property. British subjects shall be permitted to purchase, rent, or occupy, or in any other legal way to acquire, all kinds of property within the dominions of His Highness the Sultan of Borneo ; and His Highness engages that such British subjects shall, as far as lies in his power, within his dominions, enjoy full and complete protection and security for themselves and for any property which they may so acquire in future, or which they may have acquired already, before the date of the present Convention. ARTICLE IV. Freedom of Importation and Exportation. Customs Duties. No article whatsoever shall be prohibited from being imported into or exported from the territories of His Highness the Sultan of Borneo ; but the trade between the dominions of Her Britannick Majesty and the dominions of His Highness, shall be perfectly free, and shall be subject only to the custom duties which may hereafter be in force in regard to such trade. ARTICLE V. Tonnage Dues. Exemption of British Trade and Goods from Internal Duties. No duty exceeding one dollar per registered ton shall be levied on British vessels entering the ports of His Highness May 27, 1847.1 BORNEO. 59 the Sultan of Borneo, and this fixed duty of one dollar per ton to be levied on all British vessels, shall be in lieu of all other charges or duties whatsoever. His Highness moreover engages that British trade and British goods shall be exempt from any internal duties, and also from any injurious regula- tions which may hereafter, from whatever causes, be adopted in the dominions of the Sultan of Borneo. ARTICLE VI. No Export Duty in Borneo. His Highness the Sultan of Borneo agrees that no duty whatever shall be levied on the exportation from His Highness' dominions of any article, the growth, produce, or manufacture of those dominions. ARTICLE VII. Admission of War Vessels to Ports, &c., of Borneo. His Highness the Sultan of Borneo engages to permit the ships of war of Her Britannick Majesty, and those of the East India Company, freely to enter into the ports, rivers, and creeks, situated within his dominions, and to allow such ships to provide themselves at a fair and moderate price with such supplies, stores, and provisions, as they may from time to time stand in need of. ARTICLE VIII. Wrecks and Salvage* If any vessel under the British flag should be wrecked on the coast of the dominions of His Highness the Sultan of Borneo, His Highness engages to give all the assistance in his power to recover for, and to deliver over to, the owners thereof, all the property which can be saved from such vessels. His Highness further engages to extend to the officers and crew, and to all other persons on board such wrecked vessel, full protection both as to their persons and as to their property. ARTICLE IX. Suppression of Piracy and Slave Trade. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Sultan of Borneo, hereby engage 60 BORNEO. [May 27, 1847. to use every means in their power for the suppression of piracy within the seas, straits, and rivers subject to their respective control or influence ; and His Highness the Sultan of Borneo engages not to grant either asylum or protection to any persons or vessels engaged in piratical pursuits ; and in no case will he permit ships, slaves, or merchandize captured by pirates, to be introduced into his dominions, or to be exposed therein for sale. And Her Britannick Majesty claims, and His Highness the Sultan of Borneo concedes to Her Majesty, the right of investing her officers, and other duly constituted authorities, with the power of entering at all times, with her vessels of war, or other vessels duly empowered, the ports, rivers, and creeks within the dominions of His Highness the Sultan of Borneo, in order to capture all vessels engaged in piracy or slave-dealing, and to seize and to reserve for the judgment of the proper authorities all persons offending against the Two Contracting Powers in these respects. ARTICLE X, Cession of Labuan and Adjacent Islands to Great Britain. No similar cession to other Powers without British consent. It being desirable that British subjects should have some port where they may careen and refit their vessels, and where they may deposit such stores and merchandize as shall be necessary for the carrying 011 of their trade with the dominions of Borneo, His Highness the Sultan hereby confirms the cession already spontaneously made by him in 1845, of the Island of Labuan, situated on the north-west coast of Borneo, together with the adjacent Isjets of Kuraman, Little Rusakan, Great Rusakan, Da-at, and Malankasan, and all the straits, islets, and seas, situated half way between the fore-mentioned islets and the main land of Borneo. Likewise the distance of ten geographical miles from the Island of Labuan to the westward and northward, and from the nearest point half way between the Islet of Malankasan and the main land of Borneo, in a line running north till it intersects a line extended from west to east from a point ten miles to the northward of the northern extremity of the Island of Labuan, to be possessed in per- petuity and in full sovereignty by Her Britannick Majesty and her successors; and in order to avoid occasions of difference which might otherwise arise, His Highness the Sultan engages not to make any similar cession, either of an island, or of any settlement on the main land, in any part of his dominions, to any other nation, or to the subjects or citizens thereof, without the consent of Her Britannick Majesty. May 27, 1847.] BORNEO. 61 ARTICLE XL Abolition of Slave Trade. Her Brifcannick Majesty being greatly desirous of effecting the total abolition of the trade in Slaves, His Highness the Sultan of Borneo, in compliance with Her Majesty's wish, engages to suppress all such traffick on the part of his subjects, and to pro- hibit all persons residing within his dominions, or subject to him, from countenancing or taking any share in such trade ; and His Highness further consents that all subjects of His Highness who may be found to be engaged in the Slave Trade, may, together with their vessels, be dealt with by the cruizers of Her Britannick Majesty, as if such persons and their vessels had been engaged in a piratical undertaking. ARTICLE XII. Ratifications* This Treaty shall be ratified, and the Ratifications thereof shall be exchanged at Brunei, within twelve months after this date. This Twenty-seventh day of May, 1847. (L,S.) JAMES BROOKE. ADDITIONAL ARTICLE. British Consular Jurisdiction in Borneo. His Highness the Sultan of Borneo agrees that in all cas3B when a British subject shall be accused of any crime committed in any part of His Highness' dominions, the person so accused shall be exclusively tried and adjudged by the English Consul- Gen eral, or other officer duly appointed for that purpose by Her Britannick Majesty ; and in all cases where disputes or differences shall arise between British subjects, or between British subjects and the subjects of His Highness, or between British subjects and the subjects of any other foreign Power, Within the dominions of the Sultan of Borneo, Her Britannick Majesty's Consul-General, or other duly appointed officer, shall have power to hear and decide the same, without any inter- 62 BORNEO. [May 27, 1847. -Aug. 17, 1878. ference, molestation, or hindrance, on the part of any authority of Borneo, either before, during, or after the litigation. This Twenty-seventh day of May, 1847. (L.S.) JAMES BROOKE. No. 21. DECLARATION BY THE SULTAN OF BORNEO, EXTENDING THE PRO- VISIONS OF CLAUSE VIII OF THE TREATY WITH GREAT BRITAIN OF THE 27TH MAY, 1847, TO THE CASE OF WRECKED VESSELS BELONGING TO STATES IN AMITY WITH GREAT BRITAIN. August 17, 1878. His Highness Abdul Mumin, Sultan of Borneo, for himself, his heirs and successors, hereby declares that, from the date of this Declaration, the provisions of the Vlllth Article of the Treaty dated, the 27th May, 1847, between Great Britain and Borneo, relating to the assistance and protection to be afforded by His Highness in the case of vessels under the British flag wrecked upon the coasts of His Highness' dominions, shall be and are hereby extended to the case of wrecked vessels belong- ing to States in amity with Great Britain, the clause referred to being in the following terms : " Clause VIII. If any vessel under the British flag should be wrecked on the coasts of the dominions of His Highness the Sultan of Borneo, His Highness engages to give all the assistance in his power to recover for and to deliver over to the owners thereof all the property which can be saved from such vessels. His Highness further engages to extend to the officers and crew, and to all other persons 011 board such wrecked vessel, full protection both as to their persons and as to their property." This 17th day of August, 1878. (Seal of His Highness the Sultan of Borneo.) (Signed) W. H. TREACHER, Her Britannic Majesty's Acting Consul- General in Borneo. August 29, 1842.] CHINA. 63 CHINA. No. 22. TREATY BETWEEN GREAT BRITAIN AND CHINA, (Treaty of Nanking.) Signed at Nanking, August 29, 1842,* [Ratifications exchanged at Hong Kong, June 26, 1843.] HER Majesty the Queen, of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China,, being desirous of putting an end to the misunderstandings and consequent hostilities which have arisen between the two countries, have resolved to conclude a Treaty for that purpose, and have therefore named as their Plenipotentiaries, that is to say : Her Majesty the Queen of Great Britain and Ireland, Sir Henry Pottinger, Bart., a Major-General in the service of the East India Company, &c., &c. ; And His Imperial Majesty the Emperor of China, the High Commissioners Keying, a Member of the Imperial House, a Guardian of the Crown Prince, and General of the garrison of Canton; and Elepoo, of the Imperial Kindred, graciously permitted to wear the insignia of the first rank, and the dis- tinction of a peacock's feather, lately Minister and Governor- General, &c., and now Lieutenant- General commanding at Chapoo ;f Who, after having communicated to each other their respective Full Powers, and found them to be in good and due form, have agreed upon and concluded the following Articles : ARTICLE 1. Peace and Friendship. Protection of Persons and Property. . There shall henceforward be Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great * Signed also in Chinese. | Although only two Chinese Plenipotentiaries are here named, th$ Treaty was in fact signed by three. 64 CHINA. [August 29, 1842. Britain and Ireland and His Majesty the Emperor of China, and between their respective subjects, who shall enjoy full security and protection for their persons and property within the dominions of the other. ARTICLE II. Amoy, Canton, Foochowfoo, Ningpo, and Shanghae opened to British Subjects and their Trade. His Majesty the Emperor of China agrees, that British subjects, with their families and establishment, shall be allowed to reside, for the purpose of carrying on their mercantile pursuits, without molestation or restraint, at the cities and towns of Canton, Arnoy, Foocfyowfoo, Ningpo, and Shanghae; and Her Majesty the Queen of Great Britain, &c., will appoint Superintendents, or Consular Officers, to reside at each of the above-named cities or towns, to be the medium of communica- tion between the Chinese authorities and the said merchants, and to see that the just duties and other dues of the Chinese Government, as hereafter provided for, are duly discharged by Her Britannick Majesty's subjects. ARTICLE lit. Cession of Island of Hong Kong to Great Britain. It being obviously necessary and desirable that British subjects should have some port whereat they may careen and refit their ships when required, and keep stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the Queen of Great Britain, &c., the Island of Hong Kong, to be possessed in perpetuity by Her Britannick Majesty, her Heirs and Successors, and to be governed by such laws and regulations as Her Majesty the Queen of Great Britain, i Garrison of Taku to Passage of British Representative ', with Ratifications of Treaty of 1858. A breach of friendly relations having been occasioned by the act of the garrison of Taku, which obstructed Her Britannic Majesty's Representative when on his way to Peking for the purpose of exchanging the ratifications of the Treaty of Peace concluded at Tien-tsin in the month of June, one thousand eight hundred and fifty-eight, His Imperial Majesty the Emperor of China expresses his deep regret at the mis- understanding so occasioned. ARTICLE II. Right of British Representative to reside at Peking. It is further expressly declared, that the arrangement entered into at Shanghae in the month of October, one thousand eight hundred and fifty-eight, between Her Britannic Majesty's Ambassador the Earl of Elgin and Kincardine, and His Imperial Majesty's Commissioners Kweiliang and Hwashana, regarding the residence of Her Britannic Majesty's Repre- sentative in China, is hereby cancelled ; and that, in accordance with Article III of the Treaty of one thousand eight hundred and fifty-eight, Her Britannic Majesty's Representative will henceforward reside permanently or occasionally at Peking, as Her Britannic Majesty shall be pleased to decide. ARTICLE III. Separate Article of Treaty of 1858 annulled. Payment oj Chinese Indemnity to Merchants at Canton and for War Expenses. It is agreed that the Separate Article of the Treaty of one thousand eight hundred and fifty-eight is hereby annulled; October 24, I860.] CHINA. 99 and that in lieu of the amount of indemnity therein specified, His Imperial Majesty the Emperor of China shall pay the sum of eight millions of taels in the following proportions or instal- ments, namely : At Tien-tsin, on or before the thirtieth day of November, the sum of five hundred thousand taels; at Canton, and on or before the first day of December, one thousand eight hundred and sixty, three hundred and thirty- three thousand three hundred and thirty-three taels. less the sum which shall have been advanced by the Canton authorities towards the completion of the British Factory site at Shameen ; and the remainder at the ports open to foreign trade, in quarterly payments, which shall consist of one-fifth of the gross revenue from Customs there collected. The first of the said payments being due on the thirty-first day of December, one thousand eight hundred and sixty, for the quarter ter- minating on that day. It is further agreed that these moneys shall be paid into the hands of an officer whom Her Britannic Majesty's Representa- tive shall specially appoint to receive them, and that the accuracy of the amounts shall, before payment, be duly ascertained by British and Chinese officers appointed to discharge this duty. In order to prevent future discussion, it is moreover declared, that of the eight millions of taels herein guaranteed, two millions will be appropriated to the indemnification of the British mercantile community at Canton, for losses sustained by them, and the remaining six millions to the liquidation of war expenses. ARTICLE IV. Opening of Port of Tien-tsin to Trade. It is agreed that on the day on which this Convention is signed, His Imperial Majesty the Emperor of China shall open the port of Tien-tsin to trade, and that it shall be thereafter competent to British subjects to reside and trade there under the same conditions as at any other port of China by Treaty open to trade. ARTICLE V. Chinese Coolie Emigration. As soon as the ratifications of the Treaty of one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China will, by Decree, command the high authorities of every province to proclaim throughout their jurisdictions, that Chinese choosing to take service in the British Colonies, or other parts beyond sea, are at [536] H 2 1 00 CHINA. [October 24, 1860. perfect liberty to enter into engagements with British subjects for that purpose, and to ship themselves and their families on board any British vessel at any of the open ports of China ; also that the high authorities aforesaid shall, in concert with Her Britannic Majesty's Representative in China, frame such Regulations for the "protection of Chinese, emigrating, as above, as the circumstances of the different open ports may demand. ARTICLE VI. Cession of Portion of Kowloon to Great Britain. With a view to the maintenance of law and order in and about the harbour of Hong Kong, His Imperial Majesty the Emperor of China agrees to cede to Her Majesty the Queen of > Great Britain and Ireland, and to her heirs and successors, to have and to hold as a dependency of Her Britannic Majesty's Colony of Kong Kong, that portion of the township of Kowloon, in the Province of Kwang-tung, of which a lease was granted in perpetuity to Harry Smith Parkes, Esquire, Companion of the Bath, a member of the Allied Commission at Canton, on behalf of Her Britannic Majesty's Government, by Lan Tsung Kwan, Governor-General of the Two Kwang. It is further declared that the lease in question is hereby cancelled ; that the claims of any Chinese to property on the said portion of Kowloon shall be duly investigated by a Mixed Commission of British and Chinese officers ; and that compensa- tion shall be awarded by the British Government to any Chinese whose claim shall be by the said Commission established, should Iris removal be deemed necessary by the British Government. ARTICLE VII. Confirmation of Treaty of 1858 with Modifications. It is agreed that the provisions of the Treaty of one thousand eight hundred and fifty-eight, except in so far as these are modified by the present Convention, shall without delay come into operation as soon as the ratifications of the Treaty aforesaid shall have been exchanged. No Separate Ratification of Present Convention required. It is further agreed that no separate ratification of the present Convention shall be necessary, but that it shall take effect from the date of its signature, and be equally binding with the Treaty above mentioned on the High Contracting Parties, October 24, I860.] CHINA. 101 ARTICLE V11L Treaty 0/1858 and Present Convention to be published by Chinese Government. It is agreed that as soon as the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China shall, by Decree, command the high authorities in the capital and in the provinces to print and publish the aforesaid Treaty and the present Convention, for general information. ARTICLE IX. Conditional Evacuation of Chusan and other Places in China occupied by British Troops. It is agreed that as soon as this Convention shall have been signed, the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, and an Imperial Decree respecting the publication of the said Convention and Treaty shall have been promulgated, as provided for by Article VIII of this Convention, Chusan shall be evacuated by Her Britannic Majesty's troops there stationed, and Her Britannic Majesty's force now before Peking shall commence its march towards the city of Tien-isin, the forts of Taku, the north coast of Shangtung, and the city of Canton, at each or all of which places it shall be at the option of Her Majesty the Queen of Great Britain and Ireland to retain a force until the indemnity of eight millions of taels, guaranteed in Article III, shall have been paid. Done at Peking, in the Court of the Board of Ceremonies, on the twenty-fourth day of October, in the year of our Lord one. thousand" eight hundred and sixty. (L.S.) ELGIN AND KINCARDINE. Signature and Seal of the Chinese Plenipotentiary. 102 CHINA. [September 13, 1876. No. 29. AGREEMENT BETWEEN GREAT BRITAIN AND CHINA FOR THE SETTLEMENT OF THE YUNNAN CASE, OFFICAL INTERCOURSE, AND TRADE BETWEEN THE TWO COUNTRIES.* (Chefoo Agreement.) Signed at Chefoo, September 13, 1876.f [Ratifications exchanged at London, May 6, 1886.] Agreement negotiated between Sir Thomas Wade, K.C.B., Her Britannic* Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of China, and Li, Minister Plenipotentiary of His Majesty the Emperor of China, Senior Grand Secretary, Governor-General of the Province of Chih-li, of the Firpt Class of the Third Order of Nobility. THE negotiation between the Ministers above named has its origin in a despatch received by Sir Thomas Wade, in the spring of the present year, from the Earl of Derby, Principal Secretary of State for Foreign Affairs, dated the 1st January, 1876. This contained instructions regarding the disposal of three questions : first, a satisfactory settlement of the Yunnan affair; secondly, a faithful fulfilment of engagements of last year respecting intercourse between the high officers of the two Governments ; thirdly, the adoption of a uniform system in satisfaction of the understanding arrived at in the month of September 1875 (8th moon of the 1st year of the reign of Kwang Sii), on the subject of rectification of conditions of trade. It is to this despatch that Sir Thomas Wade has referred himself in discussions on these questions with the Tsung-li Yamen, further reference to which is here omitted as superfluous. The conditions now agreed to between Sir Thomas Wade and. the Grand Secretary are as follows : SECTION I. Settlement of the Yunnan Case. 1. A Memorial is to be presented to the Throne, whether by the Tsung-li Yam&i or by the Grand Secretary Li, is immaterial, in the sense of the Memorandum prepared by * For Additional Article of March 31, 1890, see p. 117. j Signed also in Chinese. September 13, 1876.] CHINA. 103 Sir Thomas Wade. Before presentation the Chinese text of the Memorial is to be shown to Sir Thomas Wade, 2. The Memorial having been presented to the Throne, and the Imperial Decree in reply received, the Tsung-li Yamen will communicate copies of the Memorial and Imperial Decree to Sir Thomas Wade, together with a copy of a letter from the Tsung-li Yamen to the Provincial Governments, instructing them to issue a Proclamation that shall embody at length the above Memorial and Decree. Sir Thomas Wade will thereupon reply to the effect that for two years to come officers will be sent, by the British Minister, to different places in the provinces, to see the Proclamation is posted. On application from the British Minister, or the Consul of any port instructed by him to make application, the high officers of the provinces will depute competent officers to accompany those so sent to the places which they go to observe. Frontier Trade between -Burmah and Yunnan. 3. In order to the framing of such regulations as will be needed for the conduct of the frontier trade between Burmah and Yunnan, the Memorial, submitting the proposed settlement of the Yunnan affair, will contain a request that an Imperial Decree be issued, directing the Governor-General arid Governor, whenever the British Government shall send officers to Yunnan, to select a competent officer of rank to confer with them and to conclude a satisfactory arrangement. Stationing of British Officers in Yunnan. Trade. 4. The British Government will be free for five years, from the 1st January next, being the 17th day of the lltli moon of the 2nd year of the reign of Kwang Sii, to station officers at Tali Fu, or at some other suitable place in Yunnan, to observe the conditions of trade ; to the end that they may have infor- mation upon which to base the regulations of trade when these have to be discussed. For the consideration and adjustment of any matter affecting British officers or subjects, these officers will be free to address themselves to the authorities of the province. The opening of the trade may be proposed by the British Government, as it may find best, at any time within the term of five years, or upon expiry of the term of five years. Mission from India to Yunnan. Passports having been obtained last year from a Mission from India into Yunnan, it is open to the Viceroy of India to send such Mission at any time he may see fit. 104 CHINA. [September 13, 1876. Amount of Indemnity for Yunnan Outrage to be paid by Chinese Government. 5. The amount of indemnity to be paid on account of the families of the officers and others killed in Yunnan ; on account of the expenses which the Yunnan case has occasioned ; and on account of claims of British merchants arising out of the action of officers of the Chinese Government up to the commencement of the present year, Sir Thomas Wade takes upon himself to fix at 200,000 taels, payable on demand. Regret to be expressed by China at Yunnan occurrence. 6. When the case is closed an Imperial letter will be written, expressing regret for what has occurred in Yunnan. The Mission bearing the Imperial letter will proceed to England immediately. Sir Thomas Wade is to be informed of the constitution of this Mission, for the information of his Govern- ment. The text of the Imperial letter is also to be communicated to Sir Thomas Wade by theTsung-li ^arnen. SECTION II. Official Intercourse. Under this heading are included the conditions of inter- course between high officers in the capital and the provinces, and between Consular officers and Chinese officials at the ports; also the conduct of judicial proceedings in mixed cases. 1. In the Tsung-li Yamen's Memorial of the 28th September, 1875, the Prince of Rung and the Ministers stated their object in presenting it had not been simply the transaction of business in which Chinese and foreigners might be concerned; Missions abroad and the question of diplomatic intercourse lay equally within their prayer. Code of Etiquette to be drawn up. To the prevention of further misunderstanding upon the subject of intercourse and correspondence, the present con- ditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li Yamen shall address a Circular to the Legations, inviting foreign Representatives to consider with them a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries, and as would be shown to Chinese Agents so serving abroad. The fact that China is about to establish Missions and Consulates abroad renders an understanding on these points essential. September 13, 1876.] CHINA, 105 Punishment of Chinese for Criminal Acts against British Subjects. 2.. The British Treaty of 1858, Article XVI, lays down that " Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China. Trial and Punishment of British Subjects for Crimes against Chinese. " British subjects who may commit any crime in China shall be tried and punished by the Consul, or any other public functionary authorized thereto, according to the laws of Great Britain. li Justice shall be equitably and impartially administered on both sides." The words " functionary authorized thereto " are, translated in the Chinese text, " British Government." British Supreme Court and Chinese Mixed Court at Shanghae. In order to the fulfilment of its Treaty obligations, the British Government has established a Supreme Court at Shanghae, with a special code of rules, which it is now about to revise. The Chinese Government has established at Shanghae a Mixed Court, but the officer presiding over it, either from lack of power or dread of unpopularity, constantly fails to enforce his judgments. Administration of Justice at Treaty Ports. It is now understood that the Tsung-li Yamen will write a Circular to the Legations, inviting foreign Representatives at once to consider with the TsuDg-li Yamen the measures needed for the more effective administration of justice at the ports open to trade. Crimes affecting British Subjects. 3. It is agreed that, whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the investigation. To the prevention of misunderstanding on this point, Sir Thomas Wade will write a note to the above effect, to which the Tsung-li Yamen will reply, affirming that this is the course of proceeding to be adhered to for the time to come. 106 CHINA. [September 13 ; 1876. Judicial Proceedings in Mixed Cases. It is further understood that so long as the laws of the two countries differ from each other, there can be but one principle to guide judicial proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationality, the official of the plaintiff's nationality merely attending to watch the proceedings in the interests of justice. If the officer so attending be dissatisfied with the proceedings, it will be in his power to protest against them in detail. The law adminis- tered will be the law of the nationality of the officer trying the case. This is the meaning of the words "hui t'ung," indicating combined action in judicial proceedings in Article XVI of the Treaty of Tien-tsin. and this is the course to be respectively followed by the officers of either nationality. SECTION III. Trade. Areas of Foreign Concessions exempt from Li-kin. Opening of f-ch'ang, Wuhu, Wen- Chow, and Pakhoi to trade. Residence of British Officers at Ch'ung K'ing to watch British Trade. 1. With reference to the area within which, according to the Treaties in force, li-kin ought not to be collected on foreign goods at the open ports, Sir Thomas Wade agrees to move his Government to allow the ground rented by foreigners (the so-called Concessions) at the different ports to be regarded as the area of exemption from li-kin ; and the Government of China will thereupon allow I-ch'ang in the Province of Hu-Pei, Wu-hu in An-Hui, Wen-Chow in Che-Kiang, and Pei-hai (Pak- hoi) in Kwang-tung, to be added to the number of ports open to trade, and to become Consular stations. The British Government will, farther, be free to send officers to reside at Ch'ung K'ing, to watch the conditions of British trade in Ssu- Ch'uen. British merchants will not be allowed to jeside at Ch'ung" K'ing, or to open establishments or warehouses there, so long as no steamers have access to the port. When steamers have succeeded in ascending the river so far, further arrangements can be taken into consideration. Ta-t'ung, Ngan-Ching, Hu-K'ou, Wu-sueh, Lu-chi-K ( ou and Sha- Shih to be Ports of Call. Use of Native Boats. It is farther proposed as a measure of compromise that at certain points on the shore of the Great River, namely, Ta-t'ung, and Ngan-Ching, in the Province of An-Hui : Hu- K'ou, in Kiang-Si ; Wu-sueh, Lu-chi-k ; ou, and Sha-shih, in Hu- Kuang ; these being all places of trade in the interior, at which, as they are not open ports, foreign merchants are not September 13, 1876.] CHINA. 107 legally authorized to land or ship goods; steamers shall be allowed to touch for the purpose of landing or shipping passengers or goods, but in all instances by means of native boats only, and subject to the regulations in force affecting native trade. Ports of Call. Collection of Li-kin. Non-residence of Foreign Merchants. Produce accompanied by a half-duty certificate may be shipped at such points by the steamers, but may not be landed by them for sale. And at all such points, except in the case of imports accompanied by a transit-duty certificate, or exports similarly certificated, which will be severally passed free of li-kin on exhibition of such certificates, li-kin will be duly collected on all. goods whatever by the native authorities. Foreign merchants will not be authorized to reside or open houses of business or warehouses at the places enumerated as ports of call. Foreign Settlement Areas. 2. At all ports opened to trade, whether by earlier or later agreement, at which no settlement area has been previously defined, it will be the duty of the British Consul, acting in concert with his colleagues, the Consuls of other Powers, to come to an understanding with the local authorities regarding the definition of the foreign Settlement area. Duties and Li-kin on Opium. 3.* On opium, Sir Thomas Wade will move his Government to sanction an arrangement different from that affecting other imports. British merchants, when opium is brought into port, will be obliged to have it taken cognizance of by the Customs, and deposited in bond, either in a warehouse or a receiving hulk, until such time as there is a sale for it. The importer will then pay the Tariff duty upon it, and the purchasers the li-kin, in order to the prevention of the evasion of the duty. The amount of li-kin to be collected will be decided by the different Provincial Governments, according to the circumstances of each. Transit-duty Certificates. Exemptions. 4. The Chinese Government agrees that transit-duty certificates shall be framed under one rule at all ports, no * To expire on termination of Additional Article of July 18, 1885. 108 CHINA. [September 13, 1876. difference being made in the conditions set forth therein ; and that, so far as imports are concerned, the nationality of the person possessing and carrying these is immaterial. Native produce carried from an inland centre to a port of shipment, if bond fide intended for shipment to a foreign port, may be, by Treaty, certificated by the British subject interested, and exempted by payment of the half-duty from all charges demanded upon it en route. If produce be not the property of a British subject, or is being carried to a port not for exportation, it is not entitled to the exemption that would be secured it by the exhibition of a transit-duty certificate. The British Minister is prepared to agree with the Tsung-li Yamen upon rules that will secure the Chinese Government against abuse of the privilege as affecting produce. Carriage of Imports Inland and of Native Produce purchased Inland. The words " nei ti," inland, in the clause of Article VII of the Rules appended to the Tariff, regarding carriage of imports inland, and of native produce purchased inland, apply as much to places on the sea-coasts and river shores, as to places in the interior not open to foreign trade; the Chinese Government having the right to make arrangements fcr the prevention of abuses thereat. Drawbacks on Imports. Time Limits, 5. Article- XLV of the Treaty of 1858 prescribes no limit to the term within which a drawback may be claimed upon duty- paid imports. The British Minister agrees to a term of three years, after expiry of which no drawback shall be claimed. Import and Li-kin Duties. 6. The foregoing stipulation, that certain ports are to be opened to foreign trade, and that landing and shipping of goods at six places on the Great River is to be sanctioned, shall be given affect to within six months after receipt of the Imperial Decree approving the Memorial of the Grand Secretary Li. The date for giving the effect to the stipula- tions affecting exemption of imports from li-Jcin taxation within the foreign Settlements, and the collection of li-ldn upon opium by the Customs Inspectorate at the same time as the Tariff duty upon it, will be fixed as soon as the British Govern- ment has arrived at an understanding on the subject with other foreign Governments. September 13, 1876.] CHINA. 109 Interference of Canton Customs Revenue Cruisers with Junk Trade at Hong Kong. 7. The Government of Hong Kong having long complained of the interference of the Canton Customs Revenue cruisers with the junk trade of that Colony, the Chinese Government agrees to the appointment of a Commission, to consist of a British Consul, an officer of the Hong Kong Government, and a Chinese official of equal rank, in order to the establishment of some system that shall enable the Chinese Government to pro- tect its revenue without prejudice to the interests of the Colony. SEPARATE ARTICLE, British Mission to Thibet. Her Majesty's Government having it in contemplation to send a mission of exploration next year by way of Peking through Kan-Su and Koko-Nor, or by way of Ssu-Ch'uen to Thibet, and thence to India, the Tsung-li Yamen having due regard to the circumstances will, when the time arrives, issue the necessary passports, and will address letters to the high provincial authorities and to the Resident in Thibet. If the Mission should not be sent by these routes, but should be proceeding across the Indian frontier to Thibet, the Tsung-li Yamen, on receipt of a communication to the above effect from the British Minister, will write to the Chinese Resident in Thibet, and the Resident, with due regard to the circumstances, will send officers to take due care of the Mission ; and passports for the Mission will be issued by the Tsung-li Yamen, that its passage be not obstructed. Done at Chefoo, in the Province of Shan-tung, this 13th day of September, in the year of our Lord 1876. (L.S.) THOMAS FRANCIS WADE. (L.S.) LI HUNG-CHANG. 110 CHINA. [July 18, 1885. No. 30. ADDITIONAL ARTICLE TO THE AGREEMENT BETWEEN GREAT BRITAIN AND CHINA SIGNED AT CHEFOO ON THE 13TH SEPTEMBER, 1876. Signed at London, July 18, 1885. Area of Exemption from Li- kin on Foreign Goods. THE Governmeuts of Great Britain and of China, considering that the arrangements proposed in clauses 1 and 2 of Section III of the Agreement between Great Britain and China, signed at Chefoo on the 13th September, 1876 (hereinafter referred to as the " Chefoo Agreement "), in relation to the area within which li-Tdn ought not to be collected on foreign goods at the open ports, and to the definition of the foreign Settlement area, require further consideration ; also that the terms of clause 3 of the same section are not sufficiently explicit to serve as an efficient regulation for the traffic in opium, and recognizing the desirability of placing restrictions on the consumption of opium, have agreed to the present Additional Article. 1.* As regards the arrangements above referred to and proposed in clauses 1 and 2 of Section III of the Chefoo Agreement, it is agreed that they shall be reserved for further consideration between the two Governments. Treatment of Foreign Opium. Import and Li-kin Duties. 2. In lieu of the arrangement respecting opium proposed in clause 3 of Section III of the Chefoo Agreement, it is agreed that foreign opium, when imported into China, shall be taken cognizance of by the Imperial Maritime Customs, and shall be deposited in bond either in warehouses or receiving-hulks which have been approved of by the Customs, and that it shall not be removed thence until there shall have been paid to the Customs the Tariff duty of 30 taels per chest of 100 catties, and also a sum not exceeding 80 taels per like chest as li-kirt. Opium. Repacking in Bond. 3. It is agreed that the aforesaid import and li-kin duties having been paid, the owner shall be allowed to have the * To remain in force on expiration of this Additional Article, see p. 106. July 18, 1885.] CHINA. Ill opium repacked in bond under the supervision of the Customs, and put into packages of such assorted sizes as he may select from such sizes as shall have been agreed upon by the Customs authorities and British Consul at the port of entry. Transit Certificates. The Customs shall then, if required, issue gratuitously to the owner a transit certificate for each such package, or one for any number of packages, at the option of the owner. Such certificate shall free the opium to which it applies from the imposition of any further tax or duty whilst in transport in the interior, provided that the package has not been opened, and that the Customs seals, marks, and numbers on the packages have not been effaced or tampered with. Such certificate shall have validity only in the hands of Chinese subjects, and shall not entitle foreigners to convey or accompany any opium in which they may be interested into the interior. Regulations as to Issue of Transit Certificates. 4. It is agreed that the Regulations under which the said Certificates are to be issued shall be the same for all the ports, and that the form shall be as follows : " Opium Transit Certificate. " This is to certify that Tariff and li-kin duties at the rate of taels per chest of 100 catties have been paid on the opium marked and numbered as under ; and that, in conformity with the Additional Article signed at London the 18th July, 1885, and appended to the Agreement between China and Great Britain signed at Chefoo the loth September, 1876, and approved by the Imperial Decree printed on the back hereof, the production of this certificate will exempt the opium to which it refers, wherever it may be found, from the imposition of any further tax or duty whatever, provided that the packages are unbroken, and the Customs seals, marks, and numbers have not been effaced or tampered with. " Mark. No. X 00 packages. " Port of entry, " Date " Sic/nature of Commissioner of Customs" 112 CHINA. [July 18, 1885. Taxation of Opium on opening of Packages at Place of Consump- tion. Na tion al Trea tme n t. 5. The Chinese Government undertakes that when the package shall have been opened at the place of consumption the opium shall not be subjected to any tax or contribution, direct or indirect, other than or in excess of such tax or contribution as is or may hereafter be levied on native opium. In the event of such tax or contribution being calculated ad valorem the same rate, value for value, shall be assessed on foreign and native opium, and in ascertaining for this purpose the value of foreign opium the amount paid on it for li-kin at the port of entry shall be deducted from its market value. Additional Article to form Part of Chefoo Agreement Ratifications. 6. It is agreed that the present Additional Article shall be considered as forming part of the Chefoo Agreement, and that it shall have the same force and validity as if it were inserted therein word for word. It shall come into operation six months after its signature, provided the ratifications have then been exchanged, or if they have not, then on the date at which such exchange takes place. Duration of Additional Article. 7. The arrangement respecting opium contained in the present Additional Article shall remain binding for four years, after the expiration of which period either Government may at any time give twelve months' notice of its desire to terminate it, and such notice being given, it shall terminate accord- ingly. Termination of Additional Article. It is, however, agreed that the Government ot Great Britain shall have the right to terminate the same at any time, should the transit certificate be found not to confer on the opium complete exemption from all taxation whatsoever whilst being carried from the port of entry to the place of consumption in the interior. In the event of the termination of the present Additional Article the arrangement with regard to opium now in force under the Regulations attached to the Treaty of Tien-tsin shall revive.* * See p. 94. July 18, 1885.] CHINA. 113 Modification of Additional Article. 8. The High Contracting Parties may, by common consent, adopt any modifications of the provisions of the present Additional Article which experience may show to be desirable. Smuggling from China into ffong Kong. 9. It is understood that the Commission provided for in clause 7 of Section III of the Chefoo Agreement to inquire into the question of the prevention of smuggling into China from Hong Kong shall be appointed as soon as possible. Ratifications. 10. The Chefoo Agreement, together with, and as modified by, the present Additional Article, shall be ratified, and the ratifications shall be exchanged at London as soon as possible. In witness whereof the Undersigned, duly authorized thereto by their respective Governments, have signed the present Additional Article, and have affixed thereto their seals. Done at London in quadruplicate (two in English and two in Chinese), this 18th day of July, 1885, being the seventh day of the sixth moon in the eleventh year of the reign of Kwang-Sii. (L.S.) SALISBURY. (L.S.) TSfiNG. Tlie Marquess of Salisbury to the Marquis Tseng. M. le Ministre, Foreign Office, July 18, 1885. I HAVE the honour to address the present note to you in order to place on record the fact that, with the view of carrying out the proposal made by your Government, the following understanding has been come to between the Governments of Great Britain and China in regard to the Additional Article to the Chefoo Agreement relative to opium which has been signed this day : It is understood that it shall be competent for Her Majesty's Government at once to withdraw from this new arrangement, and to revert to the system of taxation for opium at present in operation in China, in case the Chinese Government shall fail to bring the other Treaty Powers to conform to the provisions of the said Additional Article. It is further understood that in the event of the termination of the said Additional Article, the Chefoo Agreement, with th-e [536] I 114' CHINA, [July 18, 1885. July 24, 1886;- exception of clause 3 of Section III, and with the modifications stipulated in clause 1 of the said Additional Article, shall nevertheless remain in force. I have the honour to request that you will acknowledge the receipt of this note, informing me that the understanding recorded in. it is accepted by the Chinese Government. I have, &c. (Signed) SALISBURY. The Marquis Tseng to the Marquess of Salisbury. My Lord, Chinese Legation, London, July 18, 1885. IN reply to your Lordship's note of this date, I have the honour to state that the Imperial Government accept the following as the expression of the understanding which has been come to between the Governments of Great Britain and China in regard to the Additional Article to the Chefoo Agree- ment relative to opium, which has been signed this day : 1. It is understood that it shall be competent for Her Majesty's Government at once to withdraw from this new arrangement, and to revert to the system of taxation for opium at present in operation in China, in case the Chinese Govern- ment shall fail to bring the other Treaty Powers to conform to the provisions of the said Additional Article. 2. It is further understood that, in the event of the termina- tion of the said Additional Article, the Chefoo Agreement, with the exception of clause 3 of Section III, and with the modifica- tions stipulated in clause 1 of the said Additional Article, shall nevertheless remain in force. I have, &c, (Signed) TSENG. No. 31. CONVENTION BETWEEN GREAT BRITAIN AND CHINA RELATIVE TO BURMAH AND THIBET. Signed at Peking, July 24, 1886. [Ratifications exchanged in London. August 25, 1887.] WHEREAS Her Majesty the Queen of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of July 24, 1886.] CHINA. 115 China, being sincerely desirous to maintain and perpetuate the relations of friendship and good understanding which now exist between their respective Empires, and to promote and extend the commercial intercourse between their subjects and dominions, the following Convention has been agreed upon and concluded : - On the part of Great Britain by Nicholas Koderick O'Conor, Esquire, Her Majesty's Secretary of Legation at Washington, and lately Her Majesty's Charge d' Affaires in China, Companion of the Most Distinguished Order of St. Michael and St. George, duly empowered thereunto ; And on the part of China by his Highness Prince Ch'ing, President of the Tsung-li Yamen, and His Excellency Sun, Minister of the T&ung-li Yamen, Senior Vice-President of the Board of Works, ARTICLE I. Decennial Missions from Burmah. Inasmuch as it has been the practice of Burmah to send decennial Missions to present articles of local produce, England agrees that the highest authority in Burmah shall send the customary decennial Missions, the members of the Missions to be of Burmese race, ARTICLE II, British Authority and Rule in Burmah. China agrees that, in all matters whatsoever appertaining to the authority and rule which England is now exercising* in Burmah. England shall be free to do whatever she deems n't and propei\ ARTICLE III. Frontier between Burmah and China. Frontier Trade. The frontier between Burmah and China to be marked by a Delimitation Commission, and the conditions of frontier trade to be settled by a Frontier Trade Convention,* both countries agreeing to protect and encourage trade between China and Bifrmah. * See Convention of March 1, 1894, p. 119, [536 I 2 - 11G CHINA. [July 24, 1886' ARTICLE IV. British Mission to Thibet to be countermanded. Inasmuch as inquiry into the circumstances by the Chinese Government has shown the existence of many obstacles to the Mission to Thibet provided for in the Separate Article of Ihe Chefoo Agreement, England consents to countermand the Mission forthwith. Frontier Trade between India and Ihibet. With regard to the desire of the British Government to consider arrangements for frontier trade between India and Thibet, it will be the duty of the Chinese Government, after careful inquiry into the circumstances, to adopt measures to exhort and encourage the people with a view to the promotion and development of trade. Should it be practicable, the Chinese Government shall then proceed carefully to consider Trade Regulations ; but, if insuperable obstacles should be found to exist, the British Government will not press the matter unduly. ARTICLE V. Ratifications. The present Convention shall be ratified, and the ratifications shall be exchanged in London as soon as possible after the date of the signature thereof. In witness whereof the respective negotiators have signed the same and affixed thereunto the seals of their arms. Done in triplicate at Peking, this twenty-fourth day of July, 111 the year of our Lord one thousand eight hundred and eighty- six, corresponding with the Chinese date of the twenty-third day of the sixth moon of the twelfth year of Kuang Hsii. (L.S.) NICHOLAS RODERICK O'CONOR. (L.S.) (Monogram) CH'ING. (Monogram) SUN March 31, 1890.] CHINA. 117 No. 32. ADDITIONAL ARTICLE TO THE AGREEMENT BETWEEN GREAT BRITAIN AND CHINA OF SEPTEMBER 13, 1876.* Signed at Peking, March 31, 1890. [Ratification* exchanged at Peking, January 18, 1891.] THE Governments of Great Britain and China, being desirous of settling in an amicable spirit the divergence of opinion which has arisen with respect to the first clause of the third section of the Agreement concluded at Chefoo in 1876,t which stipulates that ' k The British Government will be free to send officers to reside at Chungking to watch the conditions of British trade in Szechuan, that British merchants will not be allowed to reside at Chungking, or to open establishments or warehouses there, so long as no steamers have access to the port, and that when steamers have succeeded in ascending the river so far, further arrangements can be taken into considera- tion," have agreed upon the folio wing Additional Article : Chungking to be opened to Trade as a Treaty Port. Traffic between Icliang and Chungking. I. Chungking shall forthwith be declared open to trade on the same footing as any other Treaty port. British subjects shall be at liberty either to charter Chinese vessels or to provide vessels of the Chinese type for the traffic between Ichang and Chungking, Merchandize conveyed between Tchang and Chungking. II. Merchandize conveyed between Ichang and Chungking by the above class of vessels shall be placed on the same footing as merchandise carried by steamers between Shanghae and Ichang, and shall be dealt with in accordance with Treaty, Tariff Rules, and the Yang-tsze Regulations. Regulations for such Vessels. III. All regulations as to the papers and flags to be carried by vessels of the above description, as to the cargo certificates * Chefoo Agreement, see p. 102. | See p, 102. 1 1 8 CHINA. [March 31, isoo. with which they shall be provided, as to the repackage of goods for the voyage beyond Ichang, and as to the general procedure to be observed by those engaged in the traffic between Ichang and Chungking with a view to insuring convenience and security, shall be drawn up by the Superintendent of Customs at Ichang, the Taotai of the Ch'uan Tung Circuit, who is now stationed at Chungking, and the Commissioner of Customs in consultation with the British Consul, and shall be liable to any modifications that may hereafter prove to be desirable and may bo agreed upon by common consent. Payment of Port Dues ly chartered Junks. Special Papers and Flags. IV. Chartered junks shall pay port dues at Ichang and Chungking in accordance with the Yang-tsze Regulations ; vessels of Chinese type, if and when entitled to carry the British flag, shall pay tonnage dues in accordance with Treaty Regula- tions. It is obligatory on both chartered junks and also vessels of Chinese type, even when the latter may be entitled to carry the British flag, to take out at the Maritime Custom-house special papers and a special flag when intended to be employed by British subjects in the transport of goods between Ichang and Chungking, and without such papers and flag no vessel of either class shall be allowed the privileges and immunities granted under this Additional Article. Provided with special papers and flag, vessels of both classes shall be allowed to ply between the two ports, and they and their cargoes shall be dealt with in accordance with Treaty Rules and the Yang-tsze Regu- lations. All other vessels shall be dealt with by the Native Customs. The special papers and flag issued by the Maritime Customs must alone be used by the particular vessel for which they were originally issued, and are not transferable from one vessel to another. The use of the British flag by vessels the property of Chinese is strictly prohibited. Infringement of these Regulations will, in the first instance, render the offender liable to the penalties in force at the ports hitherto opened under Treaty, and should the offence be subsequently repeated, the vessel's special papers and flag will be withdrawn, and the vessel herself refused permission thenceforward to trade betAveen Ichang and Chungking. Access of British Steamers to Chungking. National Treatment, Y. When once Chinese steamers carrying cargo run to Chungking, British steamers shall in like manner have access to the fiaid port. Mar. 31,1SUU. Mar. ], 1894-.] CHINA. Il9i Additional Article to form part of Clu'foo Agreement. VI. It is agreed that the present Additional Article shall bo' considered as forming part of the Chefoo Agreement, and as having the same force and validity as if it were inserted therein^ word for word. It shall be ratified, and the ratifications., exchanged at Peking, and it shall come into operation six months after its signature, provided the ratifications hava then been exchanged, or it they have not, then on the date at which such exchange takes place. Done at Peking in triplicate (three in English and three in Chinese), this thirty-first day of March, in the year of our Lord one thousand eight hundred and ninety, being the eleventh day of the Second Intercalary Moon of the sixteenth year of Ruang Ilsii. (L.S.) JOHN WALSHAM. (L.S.) (Signature of Chinese Plenipotentiary.) No. 33. CONVENTION BETWEEN GREAT BRITAIN AND CHINA, GIVING EFFECT TO ARTICLE III OF THE CONVENTION OF JULY 24, 1886, RELATIVE TO BURMAH AND THIBET. Signed at London, March 1, 1894. [Ratifications exchanged at London^ August 23, 1894.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland. Empress of India, and His Majesty the Emperor of China, being sincerely desirous of consolidating the relations of friendship and good neighbourhood which happily exist between the two Empires, have resolved ta conclude a Convention with the view of giving effect to Article III of the Convention relative to Burmah and Thibet, signed at Peking on the 24th July, 1886;* and have appointed as their Plenipotentiaries for this purpose, that is to say : Her Majesty the Queen of the United Kingdom of Great * See p. 114, J 20 CHINA. [Murcli I, 1894. Britain and Ireland, Empress of India, the Right Honourable the Earl of Rosebery, Knight of the Most Noble Order of the Garter, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs ; And His Majesty the Emperor of China, Sieh Ta-jen, Envoy Extraordinary and Minister Plenipotentiary of China at the Court of St. James', and Vice-President of the Imperial Board of Censors ; Who, having mutually communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following Articles : ARTICLE I. Boundary between Burniali and Chinese Empire. (1st Section.) It is agreed that the frontier between the two Empires, from latitude 25 C 35'' north, shall run as follows : Commencing at the high conical peak situated approxi- mately in that latitude and in longitude 98 14' east ot Greenwich and 18 16' west of Peking, the line will follow, as far as possible, the crest of the hills running in a south-westerly direction through Kaolang Purn and the Warong Peak, and thence run nearly mid- way between the villages of Wanchon and Kaolang leaving the former to Burmah and the latter to China on to Sabu Pum. From Sabu Pum the frontier will run in a line slightly to the south of west through Shatrung Pum to Namienku Pum ; thence it will be continued, still running in a south-Avesterly direction, along the crest of the hills until it strikes the Tazar Kha River, the course of which it will follow from its source to its confluence with the Nam Tabet or Tabak Kha, thus leaving Uka to the east and Laipong to the west. From the confluence of the Tazar Kha River with the Tabak Kha, the frontier will ascend the latter river to its junction with the Lekra Kha. which it will follow to its source near Nkrang. From the source of the Lekra Kha, leaving Nkrang, Kukum, and Singra to the west, and Sima and Mali to the east, the line will follow the Lesa Kha from its western source to its junction with the Mali River, and thence will ascend the Mali to its source near Hpunra Shikong; thence it will run in a south-westerly direction along the Laisa Kha from its source down to the point where it falls into the Mole River near Kadon, leaving the village of Kadon to the west and that of Laisa to the east. The line will then follow the course of the Mole in a south- easterly direction to the place where it receives the Che Yang Kha, which latter river it will follow to its source in the Alau March 1, 1894] CHINA* 1 2 1 Pum. It will then be directed along the Nampaung River from its western source down to where it enters the Taping River. This concludes the description of the first section of the frontier. ARTICLE II. Boundary between Barmah and Ckinese Empire, (2nd Section.) The second section of the frontier, or that portion of it which extends from the Taping River to the neighbourhood of Meuug Mao, will run as follows : Starting from the junction of the Khalong Kha with the Taping River, the frontier will follow the Khalong Kha and its western branch to its source ; it will be drawn thence south- ward to meet the Siphao or Lower Nanthabet at a spot imme- diately to the south-west of Hanton, leaving Matin to Great Britain and Loilong-ga-tong, Tieh-pi-Kwan, and Hanton to China ; thence it will ascend the branch of tho last-named river which has its source nearest to that of the Mantein Kha. It will thence follow the crests of the line of hills running in a south-easterly direction to the more southerly of the two places named Kadaw, which is close to the Nunwan River, leaving Kadaw to China and Palen to Great Britain. It will follow the Namwan River in a south-westerly direction down to the point in about latitude 23 55', where that river takes a south-easterly course. Thence it will run in a direction some- what west of south to the Nammak River, leaving Namkhai to Great Britain. It will follow the Nammak River to the point where it bifurcates in about latitude 23 47', and will then ascend the southern branch till it reaches the crest of a high range of hills to the south of Mawsiu, in about latitude 23 45'. It will follow the crest of this range (which runs slightly to the north of east) until it reaches the Shweli River at its junction with the Nammak, thus leaving to China the district of Mawsiu, the spot recently identified as Tien-ma-KAvan and the villages of Hinglon and Kongrnow, lying to the north of the above- mentioned range. It will then follow the course of the Shweli River, and where the river bifurcates, it will follow the more southerly of the two branches, leaving to China the island formed by them, until it reaches a point near the eastern end of the loop which the river forms opposite to Meung Mao, as indicated in the next Article of the Convention. The Government of China consent that the most direct of the roads between Bnamo and Namkhau, where it passes through the small portion of Chinese territory south of the Namwan, shall, while remaining entirely open to Chinese subjects and to the tribesmen subject to China, be free -and Il'i2 CHINA. [March J, 18 ( J-i. open to Great Britain for travellers, commerce, and administra- tive purposes, without any restrictions whatever. Her Britannic Majesty's Government shall have the right, after communica- tion with the Chinese authorities, to execute any works which may be desirable for the improvement or repair of the road, and to take any measures which may be required for the protection of the traffic and the prevention of smuggling. It is equally agreed that British troops shall be allowed to pass freely along this road. But no body of troops more than 200 in number shall be dispatched across it without the consent of the Chinese authorities, and previous notice in waiting shall be given of every armed party of more than twenty men. ARTICLE III. Boundary between Burmah and Chinese Empire. (3rd Section.) The third section of the frontier will run as follows : It will commence from a point on the Shweli River, near to the east end of the loop formed by that river opposite to Meung Mao ; thence paying due regard to the natural features and the local conditions of the country, it will trend in a south-easterly direction towards Ma-li-pa until it reaches, at a point in about longitude 98 7' east of Greenwich (18 23' west of Peking), and latitude 23 52', a conspicuous mountain range. It will follow the crests of that range through Loiaipong and Loipan- glom until it reaches the Salween River, in about latitude 23 41'. This portion of the frontier from the Shweli to the Salween River shall be settled by the Boundary Commission provided for in Article VI of the present Convention, and in such a manner as to give to China at least as much territory as would be included if the frontier were drawn in a straight line from Meung Mao towards Ma-li-pa. If it should be found that the most suitable frontier will give to China a larger amount of territory than is stated above, the compensation to be given to Great Britain on some other part of the frontier shall be matter for subsequent arrange- ment. From latitude 23 41' the frontier will follow the Salween until it reaches the northern boundary of the circle of Kunlong. It will follow that boundary in an easterly direction, leaving the whole circle of Kunlong, and the ferry of that name, to Great Britain, and leaving to China the State of Kokang. It will then follow the course of the river forming the boundary between Somu, which belongs to Great Britain, and Meng Ting, which belongs to China. It will still continue to follow the frontier between those two districts, which is locally March 1 3 189-4.] CfJIJNA. 123 well known, to where it leaves the aforesaid river and ascends the hills; and will then follow the line of water-parting between the tributaries of the Salween and the Meikong Rivers, from about longitude 99 east of Greenwich (17 30' west of Peking), and latitude 23 20', to a point about longitude 99 40' east of Greenwich (1G C 50' west of Peking), and latitude 23, leaving to China the Tsawbwaships of Keng Ma, Mengtung, and Mengko. At the last-named point of longitude and latitude thft line strikes a very lofty mountain range, called Kong-Ming-Shan, which it will follow in a southerly direction to about longitude 99 30' east of Greenwich (17 west of Peking), and latitude 22 30', leaving to China the district of Chen-pien T'ing. Then, descending the western slope of the hills to the Namka River, it will follow the course of that river for about 10' of latitude, leaving Munglem to China, and Mangliiri to Great Britain. It will then follow the boundary between Munglem and Kyaing Tong, which is locally well known, diverging from the Namka River a little to the north of latitude 22, in a direction somewhat south of east, and generally following the crest of the hills till it strikes the Namlam River in about latitude 21 45', and longitude 100 east of Greenwich (16 30' west of Peking). It will then follow the boundary between Kyaing Tong and Kiang Hung, which is generally formed by the Namlarn River, with the exception of a small strip of territory belonging to Kiang Hung, which lies to the west of that river just south of the last-named parallel of latitude. On reaching the boundary of Kyaiiig Chaing, in about latitude 21 27', arid longitude 100 12' east of Greenwich (16 18' west of Peking), it will follow the boundary between that district and Kiang Hung until it reaches the Meikorig River. ARTICLE IV. Boundary between J3urmah and Chinese Empire to the North of 25 35' North Latitude. It is agreed that the settlement and delimination of that portion of the frontier which lies to the north of latitude 25 35' north shall be reserved for a future understanding between the High Contracting Parties when the features and condition of the country are more accurately known. ARTICLE V. > Cession oj States of Munglem and Kiang PTung to China. In addition to the territorial concessions in Northern Theinni, and the cession to China of the State of K ok an g, which result 1 24 CHINA. [March 1, 1894. from the frontier as above described, Her Britannic Majesty, in consideration of the abandonment of the claims advanced by China to the territory lying outside and abutting on the frontier of the Prefecture of Yung Chang and Sub-Prefecture of Teng Ylieh, agrees to renounce in favour of His Majesty the Emperor cf China, and of his heirs and successors for ever, all the suzerain rights in and over the States of Munglem and Kiang Hung formerly possessed by the Kings of Ava concurrently with the Emperors of China. These and all other rights in the said States, with the titles, prerogatives, and privileges thereto pertaining, Her Majesty the Queen-Empress renounces as aforesaid, with the sole proviso that His Majesty the Emperor of China shall not, without previously coming to an agreement with Her Britannic Majesty, cede either Munglem or Kiang Hung, or any portion thereof, to any other nation. ARTICLE VI. Demarcation of Boundary between Burmah and Chinese Empire. It is agreed that, in order to avoid any local contention, the alignments of the frontier described in the present Con- vention, and shown on the maps annexed thereto, shall be verified and demarcated, and, in case of its being found defective at any point, rectified by a Joint Commission appointed by the High Contracting Parties; and that the said Commission shall meet, at a place hereafter to be deter- mined on by the two Governments, not later than twelve months after the exchange of the ratifications of the present Convention ; and shall terminate its labours in not more than three years from the date of its first meeting. It is understood that any alterations in the alignment which the Joint Commission may find it necessary to make shall be based on the principle of equivalent compensations, having regard not only to the extent, but also to the value, of the territory involved. Further, that should the members of the Commission be unable to agree on any point, the matter of disagreement shall at once be referred to their respective Governments. The Commission shall also endeavour to ascertain the situation of the former frontier-post of China named Hanking Kwan. If this place can be identified, and is found to be situated in British territory, the British Government will con- sider whether it can, without inconvenience, be ceded to China. If it shall be found to the south-east of Meung Mao so as to be on the northern side of the straight line drawn from that place towards Ma-li-pa, it will in that case already belong to China. March I, 1894.] CHINA. 125 ARTICLE VII. Withdrawal of Troops of one Country from Posts decided by Boundary Commission to belong to the other Country. It is agreed that any posts belonging to either country which may be stationed within the territory of the other when the Commission of Delimitation shall have brought its labours to a conclusion shall, within eight months from the date of such conclusion, be withdrawn, and their places occupied by the troops of the other, mutual notice having in the meantime been given of the precise date at which the withdrawal and occupation will take place. From the date of such occupation the High Contracting Parties shall each within its own terri- tories hold itself responsible for the maintenance of good order, and for the tranquillity of the tribes inhabiting them. The High Contracting Parties further engage neither to construct nor to maintain within 10 English miles from the nearest point of the common frontier, measured in a straight line and horizontal projection, any fortiti cations or permanent camps, beyond such posts as are necessary for preserving peace and good order in the frontier districts. ARTICLE VIII. Frontier Trade. No Import Duty on Goods entering Burmah, except on Salt, and no Export Duties on Goods exported to China, except on Rice, to be levied for Six Years. Subject to the conditions mentioned hereafter in Articles X and XI, the British Government, wishing to encourage and develop the land trade of China with Burmah as much as possible, consent for a period of six years from the ratification of the present Convention, to allow Chinese produce and manufactures, with the exception of salt, to enter Burmah by land duty free, arid to allow British manufactures and Burmese produce, with the exception of rice, to be exported to China by land free of duty. The duties on salt and rice so imported and exported shall not be higher than those imposed on their import or export by sea. ARTICLE IX. G-oods to cross Frontier by Manwyne and by Sansi. Pending the negotiation of a more complete arrangement, and until the development of the trade shall justify the estab- 126 CHINA. [March 1, 1894. lishraent of other frontier Customs stations, goods imported from Burin ah into China or exported from China into Burmah shall be permitted to cross the frontier by Manwyne and by Sansi. Chinese Duties on Goods Imported to or Exported from China by Manwyne and Sansi. With, a view to the development of trade between China and Burmah, the Chinese Government consent that for six years from the ratification of the present Convention the duties levied on goods imported into China by these routes shall be those specified in the General Tariff of the Maritime Customs diminished by three-tenths, and that the duties on goods exported from China by the same route shall be those specified in the same Tariff diminished bv four-tenths. Transit Passes. Transit passes for imports and exports shall be granted in accordance with the Rules in force at the Treaty ports. Smuggling, d'c. Smuggling or the carrying of merchandize through Chinese territory by other routes than those sanctioned by the present Convention shall, if the Chinese authorities think fit, be punished by the confiscation of the merchandize concerned. ARTICLE X. Contraband of War. The following articles, being munitions of war, shall neither be exported from Burmah into China, nor imported from China into Burmah, save at the requisition of the Government desiring their importation ; neither shall they be sold to parties other than those who have been duly authorized by their respective Governments to purchase them : Cannon, shot and shell, cartridges and ammunition of all kinds, fire-arms and weapons of war of every description. Salt- petre, sulphur, brimstone, gunpowder, dynamite, gun-cotton, or other explosives. March 1, 1894.] CHINA. 127 ARTICLE XL Imports and Exports to and from China, and Burmah. The exportation from Burmah into China of salt is pro- hibited. The exportation from China into Burmah of cash, rice^pulse, and grains of every kind is prohibited. The importation and exportation across the frontier of opium and spirituous liquors is prohibited, excepting in small quantities for the personal use of travellers. The amount to be permitted will be settled under Customs Regulations. Infractions of the conditions set forth in this and the pre- ceding Article will be punishable by confiscation of all the goods concerned. ARTICLE XII, Carriage of Minerals and Merchandize by the Irrawaddy. - National Treatment. The British Government, wishing to promote frontier trade between the two countries by encouraging mining enterprise in Yunnan arid in the new territorial acquisitions of China referred to in the present Convention, consent to allow Chinese vessels carrying merchandize, ores, and minerals of all kinds, and coming from or destined for China, freely to navigate the Irrawaddy on the same conditions as to dues and other matters as British vessels, ARTICLE XIII. Appointment and Privileges of Consul*. Most- favoured-nation Treatment. It is agreed that His Majesty the Emperor of China may appoint a Consul in Burmah, to reside at Rangoon ; and that Her Britannic Majesty may appoint a Consul to reside at Manwyne ; and that the Consuls of the two Governments shall each within the territories of the other enjoy the same privileges and immunities as the Consuls of the most favoured nation. Further, that, in proportion as the commerce between Burmah and China increases, additional Consuls may be appointed by mutual agreement, to reside at such places in Burmah and Yunnan as the requirements of the trade may seem to demand. The correspondence between the British and Chinese Consuls 123 CHINA, [March 1, 1894. respectively, and the chief authority at the place where they reside, shall be conducted on terms of perfect equality. ARTICLE XIV. Passports. Passports, written in Chinese and English, and identical in terms to those issued to foreigners at the Treaty ports in China, shall, on the application of the proper 1 British authorities, be issued to British merchants and others wishing to proceed to China from Burmah, by the Chinese Consul at Rangoon or by the Chinese authorities on the frontier ; and Chinese subjects wishing to proceed to Burrnah from China shall, on the applica- tion of any recognized Chinese official, be entitled to receive similar passports from Her Britannic Majesty's Consul at Manwyne or other convenient places in. China where there may be a British Consular officer, ARTICLE XV. Extradition of Criminals. Should criminals, subjects of either country, take refuge in the territory of the other, they shall, on due requisition being made, be searched for, and, on reasonable presumption of their guilt being established, they shall be surrendered to the autho- rities demanding their extradition. " Due requisition " shall be held to mean the demand of any functionary of either Government possessing a seal of office, and the demand may be addressed to the nearest frontier officer of the country in which the fugitive has taken refuge, ARTICLE XVI. Telegraph communication between Burmah and China. With a view to improving the intercourse between the two countries, and placing the Chinese Consul at Rangoon in com- munication with the High Provincial Authorities in Yunnan, the High Contracting Parties undertake to connect the telegraphic systems of the two countries with each other as soon as the necessary arrangements can be made; the line will, however, at first only be used for the transmission of official telegrams and of general messages for and from Burmah and the Province of Yunnan, ,afircb 1,189-4.] CHINA- 129 ARTICLE XVII. General Most- favoured-nation Treatment. It is agreed that subjects of the two Powers -shall each within the territories of the other enjoy all the privileges, immunities, and advantages that may have been, or may here- after be, accorded to the subjects of any other nation. ARTICLE XVIII. Invocation of advantages of Overland Trade between Burmah and China. It is agreed that the commercial stipulations contained in the present Convention being of a special nature arid the result of mutual concessions, consented to with a view to adapting them to local conditions and the peculiar necessities of the Burmah-China overland trade, the advantages accruing from them shall not be invoked by the subjects of either Power residing at other places where the two Empires are conter- minous, excepting where the same conditions prevail, and then only in return for similar concessions, ARTICLE XIX. Revision of Commercial Arrangements of this Treaty after Six Years or sooner. The arrangements with regard to trade and commerce contained in the present Convention being of a provisional and experimental character, it is agreed that should subsequent experience of their working, or a more intimate knowledge than is now possessed of the requirements of the trade, seem to require it, they may be revised at the demand of either party after a lapse of six years after the exchange of ratifications of the present Convention, or sooner should- th~e two Governments desire it. ARTICLE XX, Ratification?. The ratification of the present Convention under the hand of Her Britannic Majesty and of His Majesty the Emperor of China shall bo exchanged in London in six months from this day of signature, or sooner if possible. [536] K 130 CHINA, [Mar. 1,1894. Feb. 4, 1897. The Convention shall come into force immediately after the exchange of ratifications. In token whereof the respective Plenipotentiaries have signed this Convention in four copies, tAvo in Chinese and two in English. Done at London this first day of March, one thousand eight hundred and ninety-four, corresponding to the 24th day of the 1st moon of the 20th year of Kuang Hsii. (L.S.) . ROSEBERY. (L.S.) SIEH. Declaration. On proceeding to the signature this day of the Convention between Great Britain and China, giving effect to Article III of the Convention relative to Burmah and Thibet, signed at Peking on the 24th July, 1886 : The undersigned Plenipotentiaries declare that, inasmuch as the present Convention has been concluded for the special purpose mentioned in the preamble thereof, the stipulations contained therein are applicable only to those parts of the dominions of Her Britannic Majesty and of His Majesty the Emperor of China to which the said Convention expressly relates, and are not to be construed as applicable elsewhere. Done at London the 1st day of March, 1894. (L.S.) ROSEBERY. (L.S.) SIEH. No. 34. AGREEMENT BETWEEN GREAT BRITAIN AND CHINA, MODIFYING THE CONVENTION OF MARCH 1, 1894, RELATIVE TO BURMAH AND THIBET. Signed at Peking, February 4, 1897. [Ratifications exchanged at Peking, June 5, 1897.] IN consideration of the Government of Great Britain con- senting to waive its objections to the alienation by China, by February 4, 1897.] CHINA, 131 the Convention with Frane'e of the 20th June, 1895,* of territory forming a portion of Kiang Hung, in derogation of the provisions of the Convention between Great Britain and China of the 1st March, 1894, it has been agreed between the Governments of Great Britain and China that the following additions and altera- tions shall be made in the last-named Convention, hereinafter referred to as the original Convention : ARTICLE I. Boundary between Burmali and Chinese Empire. (From 25 35' North Latitude to the Taping.} It is agreed that the frontier between the two Empires from latitude 25 35' north shall run as follows : Commencing at the high peak situated approximately in that latitude and in longitude 98 14' east of Greernvich and 18 16' west of Peking, the line shall follow, as far as possible, the crest of the hills running in a south-westerly direction to Waning Peak (Kaulyang), and shall extend thence to Sabu Pum. From Sabu Pum the frontier shall run in a line along the watershed slightly to the south of west through Shatrung Pum to Namienku Pum. Thence it shall follow a line to be fixed after local investiga- tion, dividing the Szis and the Kumsas as far as the Tabak Kha ; thence the Tabak Kha to the Namtabet ; thence the Namtabet to the Paknoi Kha ; thence the Paknoi Kha to its source near Talang Pum ; thence the Talang Pum ridge to Bumra Shikong. From Bumra Shikong the frontier shall follow a line running in a south-west direction to the Laisa Kha ; thence the Laisa Kha to the Mole stream, running between Kadon and Laisa ; thence the Mole to its confluence with the Cheyang Kha ; thence the Cheyang Kha to Alaw Pum ; thence the Nampaung stream to the Taping. ARTICLE II. Boundary between Burmah and Chinese Empire. (From the Taping to the Shweli River.) From the junction of the Taping and the Nampaung streams the frontier shall follow the Taping to the neighbourhood of the Lwalaing ridge ; thence a line running approximately along the Lwalaing ridge and the Lwalaing stream to the Namwan ; thence the Namwan to its junction with the Shweli. Great Britain engages to recognize as belonging to China the * "State Papers," Vol. LXXXVII, p. 523. [536] K 2 132 CHINA. [February 4, 1897. tract to the south of the Nam was River, near Namkhai, which is inclosed to the west by a branch of the Nam Mak River and the Mawsiu range of hills up to Loi Chow Peak, and thence by the range running in a north-easterly direction to the Shweli River. In the whole ot this area China shall not exercise any juris- diction or authority whatever. The administration and control will be entirely conducted by the British Government, who will hold it on a perpetual lease from China, paying a rent for it, the amount of which shall be fixed hereafter, ARTICLE III. Boundary between Barmali and Chinese Empire. (From the Shweli River to the Mekong.) From the junction of the Namwan and Shweli the frontier shall follow the northern boundary of the State of North Hsinwi, as at present constituted, to the Salween, leaving to China the loop of the Shweli River, and almost the whole of Wanting, Mong-ko, and Mong-ka. Starting from the point where the Shweli turns northward near Namswan, i.e., from its junction with the Namyang, the frontier shall ascend this latter stream to its source in tho Mong-ko Hills, in about latitude 24 1' and longitude 98 15', thence continue along a wooded spur to the Salween at its junction with the Namoi stream. The line shall then ascend the Salween till it meets the north-west boundary of Kokang, and 'shall con tine along the eastern frontier of Kokang till it meets the Kunlong circle, leaving the whole circle of Kunlong to Great Britain. The frontier shall then follow the course of the river forming the boundary between Somu, which belongs to Great Britain, and Meng Ting, which belongs to China. It shall still continue to follow the frontier between those two districts, which is locally well known, to where -it leaves the aforesaid river and ascends the hills, and shall then follow the line of water-parting between the tributaries of the Salween and the Meikong Rivers, from about longitude 99 east of Greenwich (17 30' west of Peking), and latitude 23 20', to a point about longitude 99 40' east of Greenwich (16 50' west of Peking), and latitude 23, leaving to China the Tsawbwaships of Keng Ma, Mengtung, and Mengko. At the last-named, point of longitude and latitude the line strikes a very lofty mountain range, called Kong-Ming-Shan, which it shall follow in a southerly direction to about longitude 99 30' east of Greenwich (17 west of Peking), and latitude 22 3(T, leaving to China the district of Chen-pien Ting. Then, descending the western slope of the hills to the Namka River, it will follow the course of that river for about 10 minutes of February 4, 1897 j CHINA. 333 latitude, leaving Munglem to China and ManglUn to Great Britain. The frontier shall then follow the boundary l^etweeii Munglem and Kiang Tong, which is locally well known, diverging from the Namka Rivera little to the north of latitude 22, in a direction somewhat south of east, and generally following the crest of the hills till it strikes the Namlam River in about latitude 21 45' and longitude 100 east of Greenwich (16 30' west of Peking). It shall then follow the boundary between Kiang Tong and Kiang Hung, which is generally formed by the Namlam River, with the exception of a small strip of territory belonging to Kiang Hung, which lies to the west of that river, just south of the last-named parallel of latitude. On reaching the boundary of Western Kyaing Chain g, in about latitude 21 21' and longitude 100 12' east of Greenwich (16 18' west of Peking), the frontier shall follow the boundary between that district and Kiang Hung until it reaches the Mekong River. ARTICLE IV. [No addition to original Convention*] ARTICLE V. Non-cession by China to any other Power of Mung Lem and Kiang Hung. It is agreed that China will not cede to any other nation either Mung Lem or any part of Kiang Hung on the right bank of the Mekong, or any part of Kiang Hung now in her possession on the left bank of that river, without previously coming to an arrangement with Great Britain. ARTICLE VI. Demarcation of Boundary between Burrnali and Chinese Empire. Article VI of the original Convention shall be held to be modified as follows : It is agreed that, in order to avoid any local contention, the alignments ot the frontier described in the present Agreement shall be verified and demarcated, and, in the event of their being found defective at any point, rectified by a Joint Commission appointed by the Governments of Great Britain and China, and that the said Commission shall meet, at a place hereafter to be determined by the two Governments not later 134 CHINA. [February 4, 1897. than twelve months from the date of the signature of the present Agreement, and shall terminate its labours in not more than three years from the date of its first meeting. If 8C*strict adherence to the line described would intersect any districts, tribal territories, towns or villages, the Boundary Commission shall be empowered to modify the line on the basis of mutual concessions. If the members of the Commission are unable to agree on any point, the matter of disagreement shall at once be referred to their respective Governments. ARTICLE VII. [No addition to original Convention.] ARTICLE VIII. [No addition to original Convention.] ARTICLE IX. Additional Routes for Frontier Trade. Add as follows : In addition to the Manwyne and Sansi routes sanctioned by the Convention of 1894, the Governments of Great Britain and China agree that any other routes, the opening of which the Boundary Commissioners may find to be in the interests of trade, shall be sanctioned on the same terms as those mentioned above. ARTICLE X. [No addition to original Convention.] ARTICLE XL [No addition to original Convention.] ARTICLE XII. Railway Communication between Bur malt and Yunnan. Add as follows : The Chinese Government agrees hereafter to consider whether the conditions of trade justify the construction of railways in Yunnan, and, in the event of their construction agrees to connect them with the Burmese lines. OF THfc UNIVERSITY \ OF y February 4, 1897.] HjHIN A. 135 ARTICLE XIII. Appointment and Privileges of Consuls at additional places. Most- favour ed-nation Treatment. These places to be on same footing as Treat)/ Ports. Whereas by the original Convention it was agreed that China might appoint a Consul in Burmah, to reside at Rangoon ; and that Great Britain might appoint a Consul to reside at Manwyne ; and that the Consuls of the two Governments should each within the territories of the other enjoy the same privileges and immunities as the Consuls of the most favoured nation; and further, that, in proportion as the commerce between Burmah and China increased, additional Consuls might be appointed by mutual consent to reside at such places in Burmah and Yunnan, as the requirements of trade might seem to demand : It has now been agreed that the Government of Great Britain may station a Consul at Momein or Shunning-fu, as the Government of Great Britain may prefer, instead of at Manwyne, as stipulated in the original Convention, and also to station a Consul at Ssumao. British subjects and persons under British protection may establish themselves, and trade at these places, under the same conditions as at the Treaty ports in China. The Consuls appointed as above shall be on the same footing as regards correspondence and intercourse with Chinese officials as the British Consuls at the Treaty ports. ARTICLE XIV. Passports. Instead of " Her Britannic Majesty's Consul at Manwyne " in the original Convention, read " Her Britannic Majesty's Consul at Shunning or Momein." in accordance with the change made in Article XIII. ARTICLE XV. [No addition to original Convention.] ARTICLE XVL [No addition to original Convention.] ARTICLE XVII. pfo addition to original Convention.] CHINA.' [fFebrtuay 4, 1897. ARTICLE XVIII. [No addition to original Convention.] ARTICLE XIX. Revision of Convention. Add as follows : Failing agreement as to the terms of revision, the present arrangements shall remain in force. SPECIAL ARTICLE. Opening of \Vuchow~fu, Samshui, and Kong Kim to Foreign Trade and of Kongmoon, Komchuk, Shiuhing^ and Talking as Ports of. Call. Whereas on the 20th day of January, 1896, the Tsung-li Yamen addressed an official despatch to Her Majesty's Charge , refuse .-..- ... ... Value .j 5 t>er cent. Candles 9-oz. ... ... ... ,. k 4 .. Case of 25 0'075 packages of i 6 candles August 29, 1902.] CHINA, 149 Name of Article. Tariff Unit and Duty. Per Hk. Taels. Candles contd. 12-oz Case of 25 o-ioo packages of 6 candles 16-oz. ... 0-133 (Other weights, duty in proportion.) Candles, of all kinds, differently packed Picul 750 Canes Bamboo Thousand . . . 0-400 Coir, 1 ft. long Picul 0-200 5ft. Thousand ... 0-300 Canned fruits, vegetables, &c. (all iveights and measures approximate) Apples ..."j Apricots ... Table fruits Dozen 2|-lb. 0-065 Grapes ... ! cans Peaches ... j Pears ... | Pie fruits tt 0-057 Plums ...J Preserved fruits, in glass bottles, jars, Picul 0-650 cardboard or wooden boxes, including weight of immediate package Asparagus Dozen 21-lb. 118 tins Corn ... Dozen 2-lb. 0-054 tins Peas ... 0-060 String beans ... ' 0-054 Tomatoes Dozen 2^-lb. 0-054 tins All other vegetables preserved in tins, Picul 0-525 bottles, or jars, including weight of immediate package Tomato sauce and catsup | pint bottles Dozen 0-054 1 0-087 Jams and jellies 1-lb. tins, bottles, or jars 0-060 4) ,, ,, ,, ,, 0-118 Milk (including condensed) Case of 4-doz. 0-250 1-lb. tins Cream, evaporated 4 doz. pints (family size) Case 0-230 2 ,, quarts (hotel ) ,, ... 0-260 Canned meats Bacon or ham, sliced -5-lb. tins Dozen 0*077 i 0-144 Dried beef, sliced ^ ... Dozen 1-lb. 144 jars Mincemeat li-lb. pails Dozen , o-ioo 3 5 0-181 Kits, | barrels and barrels Picul 0-729 150 CHINA. [August 29, 1902. Name of Article. Tariff Unit and Duty. Per Hk. Taels. Canned meats contd. Pork and beans, plain or with tomato sauce 1-lb. tins Dozen ... 0'040 2 0-075 3 0-085 Potted and devilled meat - -lb. tins 0-022 1 0-042 Potted and devilled poultry arid poultry and meat combined i-lb. tins 0-042 i 0-072 Soup and bouilli 2-lb. tins 0-101 6 ... . 0-244 Tamales chicken i-lb. tins 0-051 1 0-080 Tongues of every description 1-lb. tins 0-098 1 0-204 1-1 0-287 2 ,, ... 0-333 21- v ... 0-445 3 ,, ... 0-515 3* ,, >.. 545 All other canned meats, including game, of every description, with or without vegetables -|-lb. tins 0-052 1 ,. > ... 0-063 2 0-120 4 " 0-210 6 0-370 14 0-810 Canvas and cotton duck, not exceeding Yard ... 010 36-ins. wide Capoor cutchery ... Value 5 per cent. Cardamoms Superior, and amomums Picul 10-000 Inferior, or grains of paradise i-ooo Husk 0-250 Cards, playing ... Value 5 per cent. Cassia- Buds ... Picul . 0-750 Lignea 0-920 Twigs ... 0-170 Cenent ... ... ... ... Cask of 3 0-150 piculs August 29, 1902.] CHINA. 151 Name of Article. Tariff Unit and Duty. Per Hk. Taels. Cereals and flour... ... Free. Including barley, maize, millet, oats, paddy, rice, wheat, and flour made k ' therefrom ; also buckwheat aud buck- wheat flour, corn flour and yellow corn meal, rye flour, and hovis flour. But not including arrowroot and arrow- root flour, cracked wheat, germea, hominy, pearl barley, potato flour, quaker oats, rolled oats, sago and sago flour, shredded wheat, tapioca and tapioca flour, and yam flour. Chairs, Vienna bent-wood... Dozen 0-800 Charcoal Picul 0-030 Cheese ... Value 5 per cent. Chestnuts Picul 0-180 China-root, whole, sliced, or in cubes ... ,, _ ... 0-650 Chinaware, coarse and fine Value 5 per cent* Chloride of lime ... Picul 0-300 Chocolate, sweetened Pound 0-012 Cigarettes, 1st quality (value exceeding Thousand . . . 0-500 4 '50 taels per 1,000) Cigarettes, 2nd quality (value not exceed- ... 0-090 ing 4 -50 taels per 1,000) Cigars ... ,, ... 0-500 Cinnabar Picul... 3-750 Cinnamon ,, . . . 4-000 Clams, dried ,, ... 0-550 Clocks, of all kinds Value 5 per cent. Cloves ... Picul 0-630 ,, Mother 0-360 Coal Asiatic Ton 0-250 Other kinds ... ,, .* . 0-600 Asiatic, briquettes 9 J ** 0-500 Cochineal Value 5 per cent. Cockles Dried... Picul 0-500 Fresh... ... M 0-050 Cocoa ,, ... 3-600 Coffee ... ... 1-000 Coir canes 1ft. long ,, ... 0-200 5 Thousand ... 0-300 Coke- Asiatic Ton 0-500 Other kinds ... ... > 0-900 Compoy Picul 2-000 Coral Catty 1-110 Beads... 0-750 Broken and refuse ,, ... 0-550 Cordage, of all kinds Value 5 per cent, Cornelian beads ... Picul 7-000 ,, stones, rough ... Hundred 0-300 Corundum sand ... ,.. Picul 0-195 - J 152 CHINA. [August 29, 1902. Name of Article. Tariff Unit and Duty. Per Hk. Taels. Cotton piece-goods Grey shirtings or sheetings, not exceeding 40 ins. wide and not exceeding 40 yds. long (a.) Weight 7 Ib. and under Piece 0-050 (b.) ,, over 7 Ib. and not over 9 Ib. j ... 0-080 (c.) 9 11 .. . 0-110 (d.) 11 ft i 0-120 Imitation native cotton cloth (hand-made), grey or bleached (a.) Not exceeding 20 ins. wide and not Piece 0-027 exceeding 20 yds. long ; weight 3 Ib. and under (b.) Exceeding 20 ins. wide Value 5 per cent. White shirtings, white irishes, white sheet- Piece .,. 0-135 ings, white brocades, and white striped or spotted shirtings' : not exceeding 37 ins. wide and not exceeding 42 yds. long Drills, grey or white : not exceeding 31 ins. wide and not exceeding 40 yds. long (a.) Weight 12| Ib. and under ... 99 100 (b.) ,, over!2|lb. 91 * * * 125 Jeans, grey or white (a.) Not exceeding 31 ins. wide and not 99 0-090 exceeding 30 yds. long (b.) Not' exceeding 81 ins. wide and not 99 0-120 exceeding 40 yds. long T-cloths, grey or white (a.) Not exceeding 34 ins. wide and not 0-070 exceeding 24 yds. long (b.) Not exceeding 34 ins. wide and ex- 19 135 ceeding 24 yds., but not exceeding 40 yds. long (c.) Exceeding 34 ins. but not exceeding 99 0-Q8Q 37 ins. wide, and not exceeding 24 yds. long Crimp cloth and crape, plain (a.) Not exceeding 30 ins. wide and not 99 ' 027 exceeding 6 yds. long (b.) Not exceeding 30 ins. wide, exceed- 99 0-035 ing 6 yds. but not exceeding 10 yds. long (c.) Not exceeding 30 ins. wide, but ex- Yard 0-003| ceeding 10 yds. long White muslins, white lawns, and white Piece 032 cambrics, not exceeding 46 ins. wide and not exceeding 12 yds. long Mosquito netting, white or coloured, not Yard 010 exceeding 90 ins. wide Lenos and balzarines, white, dyed, or Piece 090 printed, not exceeding 31 ins. wide and not exceeding 30 yards long Leno brocades and bajzarine brocades, dyed Value 5 per cent.. August 29, 1902.] CHINA. 153 Name of Article. Tariff Unit and Duty. Cotton piece-goods contd. Prints (a.) Printed cambrics, lawns, or muslins, not exceeding 46 ins. wide and not exceeding 12 yds. long (b.) Printed chintzes, printed crapes, printed drills, printed furnitures, printed shirtings, printed T-cloths (including those goods known as blue and white printed T-cloths), printed twills ; but not including goods men- tioned in (e) and (h) (1.) Not exceeding 20 ins. wide (2.) Exceeding 20 ins. but not ex- ceeding 31 ins. wide and not exceeding 30 yds. long (c.) Printed crimp cloth (1.) Not exceeding 30 ins. wide and not exceeding 6 yds. long (2.) Not exceeding 30 ins. wide, ex- ceeding 6 yds. but not exceeding 10 yards long (3.) Not exceeding 30 ins. wide but exceeding 10 yds. long (d.) Printed lenos and balzarines, not exceeding 31 ins. wide and not exceed- ing 30 yds. long (e.) Printed sheetings, not exceeding 36 ins. wide and not exceeding 43 yds. long (/.) Printed Turkey reds, of all kinds, not exceeding 31 ins. wide and not exceeding 25 yds. long (g.) Printed sateens, printed satinets, printed reps, printed cotton lastings, including all cotton piece-goods which are both dyed and printed, except those specified in (/) and (7i), and in- cluding any special finish, such as mercerised finish, schreiner finish, gassed finish, silk finish, or electric finish, not exceeding 32 ins. wide and not exceeding 32 yds. long (h.) Duplex prints or reversible cre- tonnes (not including those goods known as blue and white printed T-clotns) Dyed cottons (a.) Dyed plain cottons, i.e., without woven or embossed figures (including plain Italians, lastings, reps, and ribs, and all other dyed plain cottons not otherwise enumerated, and including any special finish, such as mercerised finish, schreiner finish, gassed finish, silk finish, or electric finish), not exceeding 36 ins. wide and not exceed- ing 33 yards long Per Piece Hk. Taels. 0-037 Value Piece j 5 per cent. 0-080 027 0-035 Yard Piece Value Piece 0-090 185 o-ioo 0-250 5 per cent. 0-240 154 CHINA. [August 29, 1902. Name of Article. Tariff Unit and Duty. Cotton piece-goods contd. Dyed cottons contd. (b.) Dyed figured cottons, i.e., woven or embossed figures (including figured Italians and lastings, figured reps, and figured ribs, and all other dyed figured cottons not otherwise enumerated, and including any special finish, such as mercerised finish, schreiner finish, gassed finish, silk finish, or electric finish), not exceed- ing 36 ins. wide and not exceeding 33 yds. long (c.) Dyed crimp cloth (1.) Not exceeding 30 ins. wide and not exceeding 6 yds. long (2.) Not exceeding 30 ins. wide, ex- ceeding 6 yds., but not exceeding 10 yds. long (3.) Not exceeding 30 ins. wide, but exceeding 10 yds. long (d.) Dyed drills, not exceeding 31 ins. wide and not exceeding 43 yds. long (e.) Dyed lenos and balzarines, not ex- ceeding 31 ins. wide and not exceeding 30 yds. long (/.) Dyed leno brocades (g.) Dyed muslins, lawns, and cambrics, not exceeding 46 ins. wide and not exceeding 12 yds. long (h.) Dyed shirtings and sheetings, not exceeding 36 ins. wide and not exceed- ing 43 yds. long (i.) Hong Kong-dyed shirtings, not ex- ceeding 36 ins. wide and not exceeding 20 yds. long (j.) Dyed cotton cuts, not exceeding 36 ins. wide and not exceeding 5 yds. long (N.B.) The pro rata rule does not apply.) (k.) Dyed T-cloths (including dyed alpacianos), dyed real and imitation Turkey reds of all kinds, not exceeding 32 ins. wide and not exceeding 25 yds. long (1 .) Weight 3^ Ib. and under (2.) over3ilb Flannelettes and cotton Spanish stripes (a.) Cotton flannel, Canton flannel, swansdowns, flannelettes, and raised cotton cloths of all kinds, plain, dyed, and printed (1.) Not exceeding 36 ins. wide and not exceeding 15 yds. long (2.) Not exceeding 36 ins. wide, exceeding 15 yds. but not exceed- ing 30 yds. long with Per Piece Hk. Taels. 0-150 Yard Piece Value Piece 0'027 0'035 0-003-1- 0-170 0-090 5 per cent. 0-037 0-150 o-ioo 0-022J 0-060 o-ioo 065 0-130 August 29, 1902.] CHINA. 155 Name of Article. Tariff Unit and Duty. Per Cotton piece-goods contd. Flannelettes and cotton Spanish stripes contd. (b.) Dyed cotton Spanish stripes (1.) Not exceeding 32 ins. wide and not exceeding 20 yds. long (2.) Exceeding 32 ins. but not exceed- ing 64 ins. wide, and not exceeding 20 yds. long Coloured woven cottons, i.e., dyed in the yarn, except crimp cloth Crimp cloth (a.) Not exceeding 30 ins. wide and not exceeding 6 yds. long (b.) Not exceeding 30 ins. wide and exceeding 6 yds. but not exceeding 10 yds. long (c.) Not exceeding 30 ins. wide but exceeding 10 yds. long Velvets and velveteens, velvet cords, and fustians (a.) Velvets and velveteens, plain (1.) Not exceeding 18 ins. wide (2.) Exceeding 18 ins. but not exceed- ing 22 ins. wide (3.) Exceeding 22 ins. but not exceed- 26 ins. wide (b.) Velvets and velveteens, printed or embossed, not exceeding 30 ins. wide (c.) Dyed velvet cords, dyed velveteen cords, dyed corduroys, dyed fustians of any description, not exceeding 30 ins. wide Blankets, cotton, plain, printed, or jacquard Handkerchiefs, cotton (a.) Plain, dyed, or printed, not em- broidered, hem-stitched, or initialled, not exceeding 1 yd. square (b.) All other handkerchiefs ... Singlets or drawers, cotton Socks, cotton (including Lisle thread) 1st quality (i.e., valued at 1 tael or over per dozen pairs) 2nd quality (i.e., valued at less than 1 tael per dozen pairs) Towels, cotton (a.) Honeycomb or huckaback, plain or printed (dimensions exclusive of fringe) (1.) Not exceeding 18 ins. wide and not exceeding 40 ins. long (2.) Exceeding 18 ins. wide and not exceeding 50 ins. long (b.) All other towels ... Cottons, unclassed Cotton, raw .., Hk. Taels. Piece Value Piece Yard Piece Dozen Value Dozen Dozen pairs.. Dozen Value Picul . 0-170 5 per cent. 0-027 035 0-003! 0-006 0-007 0-008 0-015 0-015 0-030 0-020 5 per cent. 125 0-075 0-032 0-020 0-030 5 per cent. 0-600 156 CHINA. [August 29, 1902, Name of Article. Tariff Unit and Duty. Per Hk. Taels. Cotton thread Ball thread, dyed or undyed Picul 3-000 On spools, 50 yds. Gross 0'040 100yds > 0-080 200yds ,, 0-160 Cotton yarn Grey or bleached Picul 0-950 Dyed Value 5 per cent. Gassed ,, ... ,> Mercerised ,, ... Wooloa or berlinette Picul 3-500 Cow bezoar, Indian Value 5 per cent. Crabs' flesh Picul 0-600 Crocodile (including armadillo) scales ,, ... 2-725 Currants ,, ... 0-500 Cutch ... > 0-300 Cuttle-fish ,, ... 0-667 Dyes, colours, and paints Aniline Value 5 per cent. Blue, Paris Picul 1-500 ,, Prussian ... 99 " 1-500 Bronze powder ... 99 * * " 2-200 Carthamin Value 5 per cent. Chrome yellow ... 9 9 * * * j Cinnabar Picul 3-750 Gamboge 99 " 2-700 Green Emerald 99 * * * 1-000 Schweinfurt, or imitation 99 * * * i-ooo Indigo Dried, artificial or natural Value 5 per cent. Liquid, artificial Picul 2-025 natural 99 * * 215 Paste, artificial 99 * * 2 025 Lead- Red, dry or mixed with oil 99 * * 0-450 White 99 * * 0-450 Yellow 99 * * 0-450 Logwood extract 99 " * 0-600 Ochre... 99 * * 0-600 Smalt ... 99 * ' 1-600 Ultramarine 99 * * 0-500 Vermilion 99 * * 4-000 imitation Value 5 per cent. White zinc M * * j 1 Paints, unclassed 99 Elephants' teeth (other than tusks) and jaws, Picul 3-000 whole or parts Elephants' tusks, whole or parts ... Catty 170 Emery cloth and sandpaper (sheets not ex- Beam 0-250 ceeding 144 square ins.) Emery powder Value 5 per cent. Enamelled ironware Mugs, cups, basins, and bowls, 9 ins. or Dozen 0-050 under in diameter, decorated or un- decorated August 29, 1902.] CHINA. 157 Name of Article. Tariff Unit and Duty. Per Hk. Taels. Enamelled ironware contd. Basins and bowls, over 9 ins. in diameter, Dozen 0-090 agate, blue and white, grey, mottled, undecorated Basins and bowls, over 9 ins. in diameter, ,, .. -O-175 decorated (with gold) Basins and bowls, over 9 ins. in diameter, 0-125 decorated (without gold) Enamelware, unclassed ... Value 5 per cent. Fans-^- - Palm-leaf, coarse Thousand . . . 0-280 ,, fine 0-450 ,, fancy ,, ... 1-000 Paper dr cotton, of all kinds ,, 1 400 Silk Value 5 per cent. Feathers Kingfisher, part skins (i.e., wings, tails, or Hundred 0-250 backs) ,, whole skins... 0-600 Peacock Value 5 per cent. Files. See Tools. Fireclay... Picul 0-050 Firewood ,, ... o-oio Fish- Cuttle... ,, 0-667 Dried or smoked, in bulk (including stock- ,, 315 fish but not including cuttle-fish) Fresh .. ,, .4. 0-137 Maws .. ,, .. 4-250 Salt ,, 0-160 Skins ,, ... 0-600 Stock .. > 0-315 Flints ... 0-040 Flour. See Cereals. Flour, arrowroot, potato, sago, tapioca, yam Value 5 per cent. Fungus or agaric... Picul 1 715 ,, white Catty 0-250 Galangal Picul 0-170 Gambier... ,, ... 0-300 false, or cuano (yam-root dye-stuff)... ,, 0-150 Gamboge ... ... ,, ... 2-700 Gasolene or stove naphtha 10 gal. drum. 0-150 Ginseng Crude, 1st quality (value exceeding 2 taels Catty 0-220 per catty) Crude, 2nd quality (value not exceeding 0-072 2 taels per catty) Clarified or cleaned, 1st quality (value ,, .. . rioo exceeding 11 taels per catty) Clarified or cleaned, 2nd quality (value ... 0'375 exceeding 6 taels but not exceeding 11 taels per catty) Clarified or cleaned, 3rd quality (value ... 0-220 exceeding 2 taels but not exceeding 6 taels per catty) 158 CHINA. [August 29, 1902. Name of Article. Tariff Unit and Duty. Per Ginseng contd. Clarified or cleaned, 4th quality (value not : Catty exceeding 2 taels per catty) Glass Plate, silvered... ... ... ... Square foot ... unsilvered ... ... ... Value Powder. See Match-making materials. Window, coloured, stained, ground, or Box of 100 obscured . sq. ft. Window, common, not stained, coloured, | ,, or otherwise obscured Glue ... ... ... ... ... Picul Gold thread, imitation. See Thread. Ground-nuts ... ... ... ... Gum , Arabic ... ... ... ... Benjamin ... ... ,.. ... oil of... ... ... ... Value Dragon's blood... ... ... ... Picul Myrrh Olibanum Resin ... Gutta-percha. See India-rubber. Hair- Horse ... ,, tails Hams Handkerchiefs. See Cotton piece-goods. Hartall or orpiment Hemp ... Hessians or butlaps, all weights Hide poison or specific Hides, buffalo and cow ... . Hollow- ware, cast : coated or tinned Hoofs, animal Hops Horns Buffalo and cow Deer ... Rhinoceros Hosiery. See Cotton piece-goods (socks). India-rubber and gutta-percha articles (other than boots and shoes) India-rubber and gutta-percha, crude boots shoes old (fit only for re-manufacture) Indigo Dried, artificial or natural Liquid, artificial ,, natural ... Paste, artificial Ink, printing Isinglass (fish glue) vegetable Hk. Taels. 0-080 025 5 per cent. 0-350 0-170 830: 0-150 .1-000 0-600 5 per cent. 4-000 0-465 0-450 0-187 ,, 1-400 2-500 Value . . . ; 5 per cent. Picul 0-450 Value 5 per cent. 1,000 yards ... 2-850 Value 5 per cent. Picul 0-800 ,, ... 0-500 ,, 0-125 Value 5 per cent. Picul 0-350 Value 5 per cent. Catty 2-400 Value 5 per cent. Picul ... 3 140 Pair 0-080 ,, 0-020 Picul 0-250 Value 5 per cent. Picul 2-025 ,, 0-215 ,, ... 2-025 Value 5 per cent. Picul 4-000 >> 1-750 August 29, 1902.] CHINA. 159 Name of Article. Tariff Unit and Duty. Per Hk. Taels. Jams and jellies 1-lb. tins, bottles, or jars Dozen . 0-060 ^ . > - ,, 0-118 Joss sticks .. ... Picul 040 Kerosene oil cans and cases, empty 2 cans in 1 OM305 case Lace open-work or insertion-work of cotton, machine made (a.) Not exceeding 1 in. wide, outside 12 dozen yds. 0-050 measurement (b.) Exceeding 1 in. but not exceeding j > 100 2 ins. wide, outside measurement (c.) Exceeding 2 ins. but not exceeding ft 0-166 3 ins. wide, outside measurement (d.) Exceeding 3 ins, wide, outside mea- M 0-216 surement Lace open-work or insertion-work of any fibrous material except silk or cotton or imitation gold or silver thread (a,) Machine made Catty , ... 0-500 (b.) Hand made (including cotton) ... 2-400 Lacquerware Value 5 per cent. Lamps and accessories > . Lampwick Picul 2-000 Lard, pure or compound ... ,, . . . 0-600 Lead, red, white, yellow, dry or mixed with ,, 0-450 oil Leather ., . Belting Value 5 per cent. Calf Picul 7-000 Coloured y 7-000 Cow ... ... ... ,, ... 2-500 Harness (not including enamelled or pig- > 3-000 . skin) Kid ,, 7-000 Sole ... ,, ... 2-500 Patent . 7-000 All other kinds... Value 5 per cent. Lichees, dried Picul 0-450 Lily flowers, dried ,, 0-325 ,, seed (i.e., lotus-nuts without husks) , , ... 1-000 Lime, chloride of ,, ... 0-300 Linen Value 5 per cent. Liqueurs. See Wines, &c. Liquorice Picul 0-500 Logwood extract ... ... 0-600 Lotus-nuts (i.e., lily seeds with husks) ... 0-400 Lucraban seed ... . ... .. . 0-350 Lung-ngan pulp ... ... ... 0-550 Lung-ngans, dried ... 0-450, ^acaroni and vermicelli, and -similar pastes ,, ... 0-325 Mace ... ... ... ... Value 5 per cent. Machines, sewing, hand or foot ,, Madeira. See Wines, &c. (Vins de liqueur.) Malaga. See Wines, &c. (Vins de liqueur.) , 160 CHlttA. [August 29, 1902. Name of Article. Tariff Unit and Duty. Per Hk. Taels. Malt Picul 0-370 Mangrove bark ... ,, ... 0-073 Manure, chemical Value 5 per cent. Margarine, in tins, jars, or kegs ... Picul 1-400 Marsala. See Wines, &c. (Vins de liqueur.) Matches Rainbow or brilliant ... ... 50 gr. boxes 1'500 Wax vestas, not exceeding 100 in a box ... 10 gr. 1-600 Wood, safety or other, large-^boxes not 50 gr. 0'630 exceeding 2% ins. by 1 ins. by f in. Wood, safety or other, small boxes not 100 gr. 0-920 exceeding 2 ins. by If ins. by f in. W^ood, safety or other boxes exceeding Value 5 per cent. above sizes Match-making materials Glass powder ... Picul O'llO Phosphorus ,, . . . 4 125 Splints ,, 0-088 Wax, paraffin ... ,, ... 0-500 Wood shavings ... ... ... " ... ,, ... 113 Mats- Coir (door) Dozen i-ooo Formosa, grass (bed) Each 0-050 Bush ... Hundred O'oOO Straw ... ,, . . . 0-225 Tatami Each 0-045 Matting Coir, not exceeding 36 ins. wide... Roll of 100 2-750 yds. Straw, ,, 36 Roll of 40 0-250 yds. Meats, in bulk Beef, corned, pickled, in barrels... Picul 375 Dry salted meat, in boxes and barrels ,, ... 0-475 sausages ... ,, ... 0-808 Ham and breakfast bacon, in boxes or Value 5 per cent. barrels Lard, pure or compound Picul 0-600 Melon seeds ... ,, ... 0-250 Metals Anti-friction ..* Value 5 per cent* Antimony ... Picul 0-700 Brass and yellow metal Bars and rods , , . < 1-150 Bolts and nuts and accessories ,, ... 1 150 Foil ,, . . . 1-675 Nails ,, ... 150 Screws Value 5 per cent* Sheets, plates, and ingots Picul 150 Tubes 99 * * * 150 Wire 99 150 Copper Bars and rods 99 * 1-300 Bolts, nuts, rivets, and washers Value 5 per cent* Ingots Picul 1-175 Nails , , ... 1-300 Sheets and plates > ... 1-300 August 29, 19 CHINA. 161 Name of Article. Tariff Unit 2 ind Duty. Per Hk. Taels. Metals contd. Copper contd. Slabs . ... Picul 1 175 Tacks Value 5 per cent. Tubes 11 5 percent. Wire ... ... Picul 1 300 Dross Iron... 11 0-160 ,, and tin ... 11 0-300 Tin j j 500 German silver Sheets ?) 2-200 Wire 99 ** * 1-500 Iron and mild steel, new Anchors,- and parts thereof ; mill iron ; 0-265 mill and ships' cranks ; and forgings for vessels, steam engines, and loco- motives (weighing each 25 Ib. or over) Angles ,, 0-140 Anvils, and parts of ... 11 0-400 Bar 140 Bolts and nuts Value 5 per cent. Castings, rough ... Picul 140 Chains, and parts of ... 11 265 Cobbles and wire shorts ... 130 Hoops 11 140 Kentledge ... ... 075 Nail-rod ... ... 140 Nails- Wire 11 " 200 . Other kinds Value 5 per cent. Pig Picul 075 Pipes and tubes Value , ... 5 per cent. Plate cuttings Picul 110 Plates and sheets ... , ... > 11 140 Bails - 11 125 Rivets 0-250 Screws Value 5 per cent. Sheets and plates ... .. , Picul 140 Tacks, blue, of all sizes .. 11 400 Wire 11 0-250 Iron, galvanized Bolts and nuts Value 5 per cent. Cobbles and wire shorts Picul 130 Sheets- Corrugated 11 *" 275 Plain ... 275 Tubes Value 5 per cent. Wire Picul 250 ,, shorts ... 11 * 130 Iron, old and scrap, of any description (fit 0-090 only for re-manufacture) Lead In pigs 11 0-285 In sheets 11 330 Pipes 11 " 0-375 Nickel, unmanufactured 11 2 600 [536] M 162 CHINA. [August 29, 1902. Name of Article. Tariff Unit and Duty. Per Hk. Taels. Metals contd. Quicksilver Picul 4-280 Spelter ,, ... 0-375 Steel- Bamboo '99 ... 0-250 Bars > r 0-250 Plates and sheets ... 0-250 Tool, and cast ,, ... 0-750 Wire and wire rope ... ,, ... 0-750 Steel, mild. See Iron. . Tin compound ... Value 5 per cent. foil ... ... , > ' n ,, sheets and pipes , ... - ... Picul 1-723 ,, slabs ,, ... 1-500 ,, tacks, blue, of all sizes ... 99 0-400 Tinned plates Decorated ... ... 0-350 Plain 99 . 0-290 White metal- Sheets 2'200 Wire 99 ... ,, ... 1-500 Yellow metal. See Brass. Zinc boiler plates }> 0-600 powder ... 99 ... 0-400 sheets, including perforated ), ... 0-520 Milk, condensed, in tins ... ... .. Case of 4 dozen 0-250 1-lb. tins Mineral waters ... 12 bottles or 0-050 Mirrors ... ... 24 4 -bottles Value 5 per cent. Morphia, in all forms Ounce 3-000 Moulding 1,000 feet ... 1-050 Mushrooms ... Picul 1-800 Musical boxes Value 5 per cent. Musk ... Catty 9-000 Mussels, dried ... Picul 0-400 Needles No. 7/0 lOOmille ... 1-800 No. 3/0 . ... 99 * * * 1-500 Assorted, not including 7/0 VntMllfl 1X<~.1 0-985 A- OTA Nutmegs Oakum ... Oil- Castor, lubricating ,, medicinal Clove... Cocoa-nut Colza ... Engine (a.) Wholly or partly of mineral origin (b.) All other kinds (except castor) Ginger Kerosene 0-500 ,, ... 0-510 ...! i-ooo Catty 0-150 Picul 0-400 American gall. 0-050 99 99 -015 99 99 0-025 Picul 6-750 Case of 10 0-070 American galls. August 29, 1902.] CHINA. 163 Name of Article. Tariff Unit and Duty. Oil contd. Per Hk. Taels. Kerosene In bulk 10 American 0-050 galls. In cans and cases, empty 2 cans in 1 005 . . case Olive ... ... . Imperial. gall. 0-062 Sandalwood Catty 0-240 Wood Picul 0-500 Olives, fresh, pickled, or salted , , 0-180 Opium ... Picul (^ ( Li-Tctn 30-000 80-000 husk Catty 0-062 Orange peel Picul . ... 0-800 Oysters, dried ... Value 5 per cent. Packing, asbestos. See Asbestos. Packing, engine and boiler, all other kinds ... Value 5 per cent. Paints. See Dyes, Colours, and Paints. Paper Cigarette, not exceeding 2 ins. by 4 ins. ... 100,000 leaves 0-125 and Printing, calendered sized ... Picul 0-700 uncalendered or unsized ,, ... 0-300 Writing or foolscap ,, ... 1-200 All other kinds* Value 5 per cent. Peel, orange Picul 0-800 Pepper Black ,, ... 0-760 White ,, ... 1-330 Perfumery Value 5 per cent. Phosphorus Picul 4-125 Pitch ... . 125 Plushes and velvets (a.) Plushes and velvets of pure silk Catty 0-650 (b.) Silk seal (with cotton back) ... , , 0-200 (c.) Plushes and velvets of silk mixed with it 0-150 other fibrous materials (with cotton back) (d.) Plushes, all cotton (including mer- , t ... 0-110 cerised) (e.) Velvets, cotton. See Cotton piece- goods. Pork rind Picul 0-500 Prawns, dried. See also Shrimps ... ,, i-ooo Preserved fruits, in glass bottles, jars, card- ,, ... 0-650 board or wooden boxes, including weight of immediate package Purses, leather (not including silver or gold Gross 0-500 mounted) Putchuck Picul 715 "Raisins and currants ... ,, ... 500 Rattan chairs Value 5 per cent. ,, core Picul 0-225 skin 99 * * * 0-750 Rattans Split ... ' > 0-326 Whole ,, ... 0*225 Glazed printing paper remains at 5 per cent, ad valorem by new Tariff between China and France signed March 30, 1904. [536] M 2 164 CHItfA. [August 29, 1902, Name of Article. Tariff Unit and Duty. Resin Ribbons, silk, silk and cotton, silk and other fibres, with or without imitation gold or silver thread Rope Rose maloes Safflower Sake, in barrels ... in bottles ... Saltpetre and nitrate of soda ... Sand, red Sandalwood Sapanwood Seahorse teeth ... Seaweed Cut Long ... Prepared Seed- Lily (i.e., lotus-nuts ivithoiit husks) Lotus-nuts (i.e., lily seeds ivith husks) Lucraban .... ... ... Melon Pine, or fir-nuts Sesamum , ... ... Sharks' fins Black... Clarified or prepared White... Shellac ... Shells- Mother-of-pearl Other kinds Sherry. See Wines, &c. (Vins de liqueur). Shoes and boots, india-rubber, for Chinese Boots ... Shoes ... Shrimps, dried. See also Prawns ... Silk piece-goods, all silk (including crape) (a.) Plain (b.) Brocaded or otherwise figured Silk piece-goods, mixtures (i.e., silk and cotton, or silk and other materials), in- cluding crape, but not including mixtures with real or imitation gold or silver thread (a.) Plain (b.) Brocaded or otherwise figured Silver thread, imitation. See Thread. Sinews Buffalo and cow Deer ... ... Singlets or drawers- Cotton ... Mixture tt * Per- Picul Catty Value Picul 12 bottles or 24 1-bottles Picul Va'lue Picul Value Pair Picul Catty Picul M Dozen Value Hk. Taels. 0-187 550 5 per cent. rooo 0-525 0-400 110 325 0-045 0-400 0-112 5 per cent. 0-150 o-ioo 1-000 1-000 0-400 350 0-250 0-200 0-200 1-608 6 000 4-600 2-500 0-700 5 per cent. 0-080 0-020 630 325 0-700 0-250 0-500 0-550 . 1-050 125 5 per cent. August 29, 1902.] CHINA. 165 Name of Article. Tariff Unit and Duty. Skins- Fish Sharks Smalt ... Snuff Soap, household and laundry (including blue mottled), in bulk, bars, and doublets weighing not less than -| Ib. each Soap, toilet and fancy Socks, cotton (including Lisle thread) 1st quality (i.e., valued at 1 tael or over per dozen pairs) 2nd quality (i.e., valued at less than 1 tael per dozen pairs) Soda Ash ... Bicarbonate Caustic ... Crystals ... ,, concentrated Soy Spirits. See Wines, &c. Spirits of wine. See Wines, &c. Sticklac Stout. See Wines, &c. Sugar Brown, up to No. 10 Dutch standard Candy White, No. 11 Dutch standard and over, \ including cube and refined Sulphur and brimstone Crude ... Refined Sulphuric acid ... Sunshades. See- Umbrellas. Telescopes, binoculars, and mirrors Thread, cotton Balls, dyed or undyed ... Spools, 50 yds. ... ... * .. Thread Gold and silver, imitation, on silk ,, real ... imitation, on cotton .., Silver Tiles, in. square Timber Beams, hard- wood ,. soft-wood, including Oregon pine and Californian red-wood, on a thickness of 1 in. Beams, teak-wood Laths ... Masts and spars, hard- wood ,, ,, soft-wood Piles and piling, including Oregon pine and Calif 01 nian red-wood, on a thickness of 1 in. Per Hk, Taels. Picul .,. 0-600 Value ... 5 per cent. Picul ... 1-600 Value ... 5 per cent. Pieul ... 0-240 Value 5 per cent. Dozen pairs... 0-075 0-032 Picul M V 0-150 0-150 225 0-120 0-140 0'250 0-700 :; ::: 0-190 0-300 0-240 ;; ::: 0-150 0-250 0-187 Value 5 per cent. Picul Gross* ... 3-000 0-040 Value Catty !.. Hundred 5 per cent. 0-125 0-090 0-600 Cubic foot ... 1,000 sup. ft. 0-020 1 150 Cubic foot ... Thousand ... Value 1,0<)0 sup. ft. 0-081 0-210 5 per cent. t> 1-150 166 CHINA. [August 29, 1902. Name of Article. Tariff Unit and Duty, Timber contd. Planks, hard- wood ... ... , .. ,, and flooring, soft-wood, including Oregon pine and Californian red-wood, and allowing 10 per cent, of each ship- pient to be tongued and grooved, on a thickness of 1 in. Planks and flooring, soft-wood, tongued and grooved, in excess of above 10 per cent. Planks, teak-wood Hallway sleepers Teak-wood lumber, of all lengths and description Tinder ... Tin-foil ... ... ... ... , ... Tobacco... ... Leaf ... ... ... ... ' Prepared , in bulk ,, tins or packages under 5 Ib. each , Tools- Axes and hatchets ... ... ... Files, file blanks, rasps and floats, of all kinds Not exceeding 4 ins. long ... Exceeding 4 ins. and not exceeding 9 ins. long Exceeding 9 ins. and not exceeding 14 ins. long Exceeding 14 ins. long Tortoiseshell ... Trimmings Bead ... Of cotton, pure or mixed with other materials, but not silk Of cotton, mixed with silk and imitation gold or silver thread ... Turmeric ... ... Turpentine ... Twine ... Ultramarine [... ... Umbrella frames' ... Umbrellas, parasols and sunshades With handles wholly or partly of precious metals, ivory, mother-of-pearl, tortoise- shell, agate, &c., or jewelled With all other handles, all cotton ,, ,, ,, ,, mixtures, not silk ,, ,, ,, ,, silk and silk mix- tures Varnish, crude lacquer, gum lacquer, or oil lacquer Vaseline... Vegetables, dried and salted or pickled, in bulk Per Cubic foot ... 1,000 sup. ft. Value Cubic foot Value Cubic foot Picul Value Picul Value Dozen Catty Value Picul Gallon Value Picul Dozen Value Each Value Hk. Taels. 0-020 1-150 5 per cent. 0-081 5 per cent. 0-081 0-350 5 per cent. 0-800 0-950 5 per cent. 0-500 0-040 0-072 0-168 0-224 0-450 5 per cent. 0-185 0-036 5 per cent. 0-500 080 5 per cent. 0-020 0-030 0-080 5 per cent. August 29, 1902.] CHINA. 167 Name of Article. Tariff Unit and Duty. Per Hk. Taels. Vermicelli Picul 0-325 Vermilion j> ... 4-000 Vermouth. See Wines, &c. Watches,^ of all kinds ... ... Value 5 per cent. Waters, aerated and mineral l bottles or O'OoO 24 ^-bottles Wax- Bees, yellow ... ... ... Picul ... 1-600 Japan ... ... ... ... ... 0-650 Paraffin > 0-500 Sealing Value 5 per cent. White... it it Wines, &c. Champagnes and all other sparkling wines, Case of 12 0-650 in bottles bottles or 24 1-bottles Still wines, red or white, exclusively the produce of the natural fermentation of ' .-TOW grapes (a.) Having less than 14 degrees of alcohol (1.) In bottles ... Case of 12 0-300 bottles or 24 : |-bottles (2.) In bulk Imperial gal- 0-025 lon (b.) Having 14 degrees or more of alcohol ; also vins de liqueur other than port (1.) In bottles ... Case of 12 0-500 bottles or 24 i-bottles (2.) In bulk Imperial gal- 0-150 lon " Port wine 1 In bottles Case of 12 0-700 bottles or 24 In bulk 1-bottles Imperial gal- o-m lon Verm outh a nd by rrh ... Case of 12 0-250 litres Sake In barrels In bottles Picul Case of 12 0-400 0-110 bottles or 24 Brandies and whiskies, in bulk ... i-bottles Imperial gal- 0-125 lon Brandy and Cognac, in bottles ... Case of 12 re- 0-500 puted quarts Whisky, in bottles > 0-350 Other spirits (gin, rum, &c.) In bottles > 0-200 In bulk Imperial gal- 090 lon 163 CHINA. [August 29, 1902. Name of Article, Tariff Unit i ind Duty. Per Hk. Taels. Wines, &c. contd. Spirits of wine, in packages of any Imperial gal- 0-028 description lon Ales, beers, cider, perry ' In. bottles ,,, ... ... Case of 12 0'085 reputed qts. or 24 re- puted pints In casks ... ... ... ' ... Imperial gal- 0-020 lon Porters and stouts . In bottles ... ... ... '_ ... Case of 12 O'lOO reputed qts. or 24 re- puted pints In casks Imperial gal- 0-025 lon Liqueurs Value 5 per cent. Wood Camagon Picul 0-090 Ebony... .. . 0-200 Fragrant Value 5 per cent. Garoo... ... ... .. ' ... Catty o-ioo Kranjee Value 5 per cent. Laka ... Picul 125 Lignum-vitse ... ... .. ' ... Value 5 per cent. Puru ... Picul 0-075 Bed ... ... 0-200 Hose ... ,, ... 0-200 Sandal > 0-400 Sapan .'.. ,, ... 112 Scented Value 5 per cent. Shavings, hinoki Picul 1-000 Woollen and cotton mixtures Flannel (woollen and cotton) : not exceed- Yard 0-015 ing 33 ins. wide Italian cloth, plain or figured, having warp Piece ... 0-372 entirely cotton and all one colour, and weft entirely wool and all one colour : not exceeding 32 ins. wide and not exceeding 32 yds. long Poncho cloth : not exceeding 76 ins. wide Yard 030 Spanish stripes (woollen and cotton) : not > 0-014 exceeding 64 ins. wide Union cloth : not exceeding 76 ins. wide ... ,* 0-030 Woollen and cotton mixtures, unclassed, Valua 5 per cent. including alpacas, lustres, Orleans, Sici- lians, &c. Woollen manufactures Blankets and rugs Pound 020 Broadcloth : not exceeding 76 ins. wide ... Yard 0-047*- Bunting : not exceeding 24 ins. wide and Piece 0-200 not exceeding 40 yds. long Camlets, Dutch : not exceeding 33 ins. ,, ... i-ooo - wide and not exceeding 61 yds. long Camlets, English : not exceeding 31 ins. ,, ... 0-500 wide and not exceeding 61 yds. long Flannel : not exceeding 33 ins. wide , . Yard 0-015 August 29, 1902.] CHINA. 169 Name of Article. Tariff Unit and Duty. Per Hk. Taels. Woollen manufactures contd. Habit cloth : not exceeding 7C ins. wide ... Yard 0-047* Lastings, plain, figured or creped: not Piece 0-450 exceeding 31 ins. wide and not exceed- ing 32 yds. long ~~ - Llama braid Picul 5-000 Long ells : not exceeding 31 ins. wide and Piece 0-250 not exceeding 25 yds. long Medium cloth : not exceeding 76 ins. wide Yard 0-047* .Russian cloth : not exceeding 76 ins. wide 0-047$ Spanish stripes : not exceeding 64 ins. wide ,, ... 0-021 Woollens, unclassed Value 5 per cent. Woollen and worsted yarns and cords (not Picul 5 300 including Berlin wool) Berlin wool ... ... ... 4-000 Wooloa or berlinette ... 3-500 Worm tablets, in bottles, not exceeding 60 Dozen ... 035 pieces Yarn- Asbestos ... Picul 2 250 Coir Value 5 per cent. Cotton, bleached or grey Picul 0-950 dyed ... Value 5 per cent. ,, grey ... Picul 0-950 ,, mercerised or gassed Value 5 per cent. ,, wooloa or berlinette Picul 3-500 Wool, Berlin > 4-000 Woollen and worsted (not including Berlin > 5-300 wool) NOTE. If any of the articles enumerated in this Tariff are imported in dimensions exceeding those specified, the Duty is to be calculated in proportion to the measurements as defined. RULES. RULE I. Imports unenumerated in this Tariff will pay Duty at the rate of 5 per cent, ad valorem; and the value upon which Duty is to be calculated shall be the market vaJue of the goods in local currency. This market value when converted into Haikwan taels shall be considered to be 12 per cent, higher than the amount upon which Duty is to be calculated. If the goods have been sold before presentation to the Customs of the application ta pay Duty, the gross amount of the bond fide contract will be accepted as evidence of the market value. Should the goods have been sold on c. f. and i. terms, that is to say, without inclusion in the price of Duty and other charges, such c, f. and i. price shall be taken as the 170 CHINA. [August 29, 1902. value for Duty-paying purposes without the deduction men- tioned in the preceding paragraph. If the goods have not been sold before presentation to the Customs of the application to pay Duty, and should a dispute arise between Customs and importer regarding the value or classification of goods, the case will be referred to a Board of Arbitration composed as follows : . An official of the Customs ; A merchant selected by the Consul of the importer; and A merchant, differing in nationality from the importer, selected by the Senior Consul, Questions regarding procedure, &c., which may arise during the sittings of the Board shall be decided by the majority. The final finding of the majority of the Board, which must be announced within 15 days of the reference (not inchiding holidays), will be binding upon both parties. Each of the two merchants on the Board will be entitled to" a fee of ten Haikwan taels. Shoulcl the Board sustain the Customs valuation, or, in the event of not sustaining that valuation, should it decide that the goods have been undervalued by the importer to the extent of not less than 7 J per cent., the importer will pay the fees ; if otherwise, the fees will be paid by 'the Customs. Should the Board decide that the correct value of the goods is 20 per cent, (or more) higher than that upon which the importer originally claimed to pay Duty, the Customs authorities may retain possession of the goods until full Duty has been paid, and may levy, an additional Duty, .equal to four times the Duty sought to be evaded. In all cases invoices, when available, must be produced if required by the Customs. RULE II. The following will not be liable to Import Duty: Foreign rice, cereals, and flour ; gold and silver, both bullion and coin ; printed books, charts, maps, periodicals, and newspapers. A freight or part freight of Duty-free commodities (gold and silver bullion and foreign coins exceptecl) will render the vessel carrying them, though no other cargo be on board, liable to tonnage dues. Drawbacks will be issued for ships' stores and bunker coal when taken on board. RULE III. Except at the requisition of the Chinese Government, or for sale to Chinese duly authorized to purchase them, import trade is prohibited in all arms, ammunition, and munitions of war of every description. No permit to land them will be issued until the Customs have proof that the necessary authority has been given to the importer. Infraction of this rule will be punish- Aug. 29, 1902. Sept. 5, 1902.] CHINA. 171 able by confiscation of all the goods concerned. The import of salt is absolutely prohibited. (Signed) E. v. HIRSCH. (Subject to the approval of His Imperial and Royal Apostolic Majesty.) D. SIFFERT. Ad referendum, DR. BOYti. JAS. L. MACK AY. E. HIOKI. M. ODAGIRI. J. YAMAOKA. ADVOCAAT. Ad referendum. F. B, s' JACOB. Ad referendum. D. SIFFERT. Ad referendum. LU HAI-HUAN. (Sinatures in SHENG HSUAN-HUAI. ^ characters.) Accepted by the United States and annexed to their Treaty of the 8th October, 1903. Signed by Representatives of France, and of Sweden and Norway, the 30th March, 1904, with change noted on page 163. No. 39. TREATY BETWEEN GREAT BRITAIN AND CHINA RESPECTING COMMERCIAL RELATIONS, &c. Signed at Skanghae. September 5, 1902J [Ratifications exchanged at Peking, July 28, 1903.] 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 Majesty the Emperor of China, having resolved to enter into negotiations with a view to carrying out the provision contained in Article 11 of the Final Protocol signed at Peking on the 7th September, 1901, t under * Signed also in Chinese. \ " Hertslet's Commercial Treaties," Vol. XXIII, p. 363. 1 72 CHINA. [September 5, 1902.' whicli the Chinese Government agreed to negotiate the amend- ments deemed useful by tho foreign Governments to the Treaties of Commerce and Navigation and other subjects con- cerning commercial relations with the object of facilitating them, have for that purpose named as their Plenipotentiaries, that is to say : His Majesty the King of Great Britain and Ireland, His Majesty's Special Commissioner, Sir James Lyle Mackay, Knight Commander of the Most Eminent Order of the Indian Empire, a member of the Council of the Secretary of State for India, &c. ; And His Majesty the Emperor of China, the Imperial Com- missioners Lu Hai-huan, President of the Board of Public Works, &c., and Sheng Hslian-huai, Junior Guardian of the Heir-Apparent, Senior Vice-President of the Board of Public Works, &c. ; Who having communicated to each other their respective full powers, and found, them to be in good and due form have agreed upon and concluded the following Articles: ARTICLE I. Drawback Certificates. Delay having occurred in the past in the issue of Drawback Certificates owing to the fact that those documents have to be dealt with by the Superintendent of Customs at a distance from the Customs Office, it is now agreed that Drawback Certificates shall hereafter in all cases be issued by the Imperial Maritime Customs within three weeks of the presentation to the Customs of the papers entitling the applicant to receive such Drawback Certificates. These Certificates shall be valid tender to the Customs authorities in payment of any duty upon goods imported or exported (transit dues excepted), or shall, in the case of draw- backs on foreign goods re-exported abroad within three years from the date of importation, be payable in cash without deduction by the Customs Bank at the place where the import duty was paid. But if, in connection with any application for a Drawback Certificate, the Customs authorities discover an attempt to defraud the revenue, the applicant shall be liable to a fine not ex- ceeding five times the amount of the duty whereof he attempted to defraud the Customs, or to a confiscation of the goods. ARTICLE II* Uniform Chinese Coinage. China agrees to take the necessary steps to provide for a uniform national coinage which shall be legal tender in pay- * See Annex A, p. 185. September 5, 1902.] CHINA. '173 ment of all duties, taxes and other obligations throughout the Empire by British as well as Chinese subjects. ARTICLE III. Duties and TA-kin on Goods carried by Junks from Hong Kong to Treaty Ports in Canton Province. China agrees that the duties and li-kiti combined levied on goods carried by junks from Hong Kong to the Treaty ports in the Canton Province and vice versd, shall together not be less than the duties charged by the Imperial Maritime Customs on similar goods carried by steamer. ARTICLE IV. Joint Stock Companies, &c. National Treatment. Whereas questions have arisen in the past concerning the right of Chinese subjects to invest money in non-Chinese enterprises and companies, and whereas it is a matter of common knowledge that large sums of Chinese capital are so invested, China hereby agrees to recognise the legality of all such investments past, present and future. It being, moreover, of the utmost importance that all shareholders in a Joint Stock Company should stand on a footing of perfect equality as far as niutual obligations are concerned, China further agrees that Chinese subjects who have or may become shareholders in any British Joint Stock Company shall be held to have accepted, by the very act of becoming shareholders, the Charter of Incorporation or Memorandum and Articles of Association of such Company and regulations framed thereunder as interpreted by British Courts, and that Chinese Courts shall enforce compliance therewith by such Chinese shareholders, if a suit to that effect be entered, provided always that their liability shall not be other or greater than that of British shareholders in the same Company. Similarly the British Government agree that British subjects investing in Chinese Companies shall be under the same obligations as the Chinese shareholders in such Companies. The foregoing shall not apply to cases which have already been before the Courts and been dismissed. ARTICLE V. Navigation of Canton and Upper Yang-tszc Rivers* The Chinese Government undertake to remove within the next two years the artificial obstructions to navigation in, the 174 CHINA. [September 5, 1902. Canton River. The Chinese Government also agree to improve the accommodation for shipping in the harbour of Canton and to take the necessary steps to maintain that improvement, such work to be carried out by the Imperial Maritime Customs and the cost thereof to be defrayed by a tax on goods landed and shipped by British and Chinese alike according to a scale to be arranged between the merchants and Customs. The Chinese Government are aware of the desirability of improving the navigability by steamer of the waterway between Ichang and Chungking, but are also fully aware that such improvement might involve heavy expense and would affect the interests of the population of the Provinces of Szechuan, Hunan, and Hupeh. It is, therefore, mutually agreed that until improvements can be carried out steam-ship owners shall be allowed, subject to approval by the Imperial Maritime Customs, to erect, at their own expense, appliances for hauling through the rapids. Such appliances shall be at the disposal of all vessels, both steamers and junks, subject to regulations to be drawn up by the Imperial Maritime Customs. These appliances shall not obstruct the waterway or interfere with the free passage of junks. Signal stations and channel marks where and when necessary shall be erected by the Imperial Maritime Customs. Should any practical scheme be presented for improving the waterway and assisting navigation without injury to the local population or cost to the Chinese Government, it shall J^e considered by the latter in a friendly spirit. ARTICLE VI. Facilities for bonding and repacking Merchandize in Bond at Open Ports. The Chinese Government agree to make arrangements to give increased facilities at the open ports for bonding and for repack- ing merchandize in bond, and, on official representation being made by the British authorities, to grant the privileges of a bonded warehouse to any warehouse which it is established to the satisfaction of the Customs authorities affords the necessary security to the revenue. Such warehouses will be subject to regulations, including a scale of fees according to commodities, distance from custom- house and hours of working, to be drawn up by the Customs authorities who will meet the convenience of merchants so far as is compatible with the protection of revenue. ARTICLE VII. Protection and Registration of British Trade-marks in China. Inasmuch as the British Government afford protection to Chinese trade-marks against infringement, imitation, or colour- able imitation by British subjects, the Chinese Government September 5, 1902.] CHINA. 175 undertake to afford protection to British trade-marks against infringement, imitation, or colourable imitation by Chinese subjects. The Chinese Government further undertake that the Superintendents of Northern and of Southern Trade shall establish offices within their respective jurisdictions under control or' the Imperial Maritime Customs where foreign trade- marks may be registered on payment of a reasonable fee. ARTICLE VIII.* PREAMBLE. Internal Duties on Trade (Li-kin, $c.). Opening of Ports oj Changsha, Wanhsien, Nganc.hing, Wai-chow (Hui-chow), and Kong moon (Chiang-men) to Trade. The Chinese Government, recognizing that the system of levying li-kin and other dues on goods at the place of production, in transit, and at destination, impedes the free circulation of commodities and injures the interests of trade, hereby under- take to discard completely those means of raising revenue with the limitation mentioned in section 8. The British Government, in return, consent to allow a surtax, in excess of the Tariff rates for the time being in force to be imposed on foreign goods imported by British subjects and a surtax in addition to the export duty on Chinese produce destined for export abroad or coastwise. It is clearly understood that, after li-kin barriers and other stations for taxing goods in transit have been removed, no attempt shall be made to revive them in any form or under any pretext whatsoever ; that in no case shall the surtax on foreign imports exceed the equivalent of one-and-a-half times the import duty leviable in terms of the Final Protocol signed by China and the Powers on the 7th day of September, 1901 ; that payment of the import duty and surtax shall secure for foreign imports, whether in the hands of Chinese or non-Chinese subjects, in original packages or otherwise, complete immunity from all other taxation, examination or delay ; that the total amount of taxation leviable on native produce for export abroad shall, under no circumstances, exceed 7 per cent, ad valorem. Keeping these fundamental principles steadily in view, the High Contracting Parties have agreed upon the following methods of procedure : Section 1. The Chinese Government undertake that all barriers of whatsoever kind, collecting li-kin or such like dues or duties, shall be permanently abolished on all roads, railways, and waterways in the Eighteen Provinces of China and the Three Eastern Provinces. This provision does not apply to * Article VIII does not come into force until other Powers have signified their acceptance of the engagements set forth therein with regard to the payment of surtaxes, &c. (see sections 14 and 15). 1 76 CHINA. [September 5, 1902 the Native Custom-Houses at present in existence on the sea- board or waterways, at open ports, on land routes, and on land frontiers of China. Sec. 2. The British Government agree that foreign goods on importation, in addition to the effective 5 per cent, import duty as provided for in the Protocol of 1901,* shall pay a special surtax equivalent to one-and-a-half times the said duty to com- pensate for the abolition of li-kin, of transit dues in lieu of li-kin, and of all other taxation on foreign goods, and in con- sideration of the other reforms provided for in this Article ; but this provision shall not impair the right of China to tax salt, native opium, and native produce as provided for in sections 3, 5, 6, and 8. The same amount of surtax shall be levied on goods imported into the Eighteen Provinces of China and the Three Eastern Provinces across the land frontiers as on goods entering China by sea. Sec. 3. All Native Custom-Houses now existing, whether at the Open Ports, on the seaboard, on rivers, inland water- ways, land routes or land frontiers, as enumerated in the Hu Pu and Kung Pu Tse Li (Regulations of the Boards of .Revenue and Works) and Ta Cluing Hui Tien (Dynastic In- stitutes) may remain ; a list of the same, with their location, shall be furnished to the British Government for purposes of record. Wherever there are Imperial Maritime Custom-Houses, or wherever such may be hereafter placed, Native Custom-Houses may be also established ; as well as at any points either on the seaboard or land frontiers. The location of Native Custom-Houses in the Interior may be changed as the circumstances of trade seem to require, but any change must be communicated to the British Government, so that the list maybe corrected ; the originally stated number of them shall not, however, be exceeded. Goods carried by junks or sailing-vessels trading to or from Open Ports shall not pay lower duties than the combined duties -and-surtax on similar cargo carried by steamers. Native produce, when transported from one place to another in the Interior, shall, on arrival at the first Native Custom-House alter leaving the place of production, pay duty equivalent to the export surtax mentioned in Section 7. When this duty has been paid, a certificate shall be given which shall describe the nature of the goods, weight, number of packages, &c., amount of duty paid, and intended destina- tion. This certificate, which shall be valid for a fixed period of not less than one year from the date of payment of duty, * In Article VI (e) 1 this duty is included amongst the revenues assigned to the payment of the Indemnity. Parliamentary Paper, Treaty Series No. 17 (1902), [Cd. 1390]. See also Annex B, pp. 186-7. September 5, 1902.] CHINA. 177 shall free the goods from all taxation, examination, delay, or stoppage at any other Native Gusto m-Houses passed en route. If the goods are taken to a place not in the foreign settle- ments or concessions of an Open Port, for local use, they become there liable to the Consumption Tax described in Section 8. If the goods are shipped from an Open Port, the certificate is to be accepted by the Custom-House concerned, in lieu of the export surtax mentioned in Section 7. Junks, boats, or carts shall not be subjected to any taxation beyond a small and reasonable charge, paid periodically at a fixed annual rate. This does not exclude the right to levy, as at present, tonnage (Chuan Chao) and port dues (Chuan Liao) on junks. Sec. 4. Foreign opium duty and present li-kin which latter will now become a surtax in lieu of li-kin shall remain as provided for by existing Treaties. g ec . 5. The British Government have no intention what* ever of interfering with China's right to tax native opium, but it is essential to declare that, in her arrangements for levying such taxation, China will not subject other goods to taxation, delay, or stoppage. China is free to retain at important points on the borders ot each province either on land or water offices for collecting duty on native opium, where duties or contributions leviable shall be paid in one lump sum; which payment shall cover taxation of all kinds within that province. Each cake of opium will have a stamp affixed as evidence of duty payment. Excise officers and police may be employed in connection with these offices: but no barriers or other obstructions are to be erected, and the Excise offices or police of these offices shall not stop or molest any other kinds of goods, or collect taxes thereon. A list of these offices shall be drawn up and communicated to the British Government for record* I Sec. 6. Li-kin on salt is hereby abolished, and the amount of said li-kin and of other taxes and contributions shall be added to the salt duty, which shall be collected at place of production or at first station after entering the province where it is to be consumed. The Chinese Government shall be at liberty to establish salt reporting offices at which boats conveying salt which is being moved under salt passes or certificates may be required to stop for purposes of examination and to have their certificates vis6 ; but at such offices no li-kin or transit i axation shall be levied, and no barriers or obstructions of any kind shall be erected. Sec. 7. The Chinese Government may recast the Export [536] K 17 # CHINA. [September 5, 1902, Tariff with specific duties as far as practicable, on a scale; not- exceeding 5 per cent, ad valorem ; but existing export duties shall not be raised .until at least six months' notice: has been given. In cases where existing export duties are above 5 per cent, they shall be reduced to not more than that rate. An additional special surtax of one "half the export duty payable for the time being, in lieu of internal taxation and li-kin, may be levied at time of export on goods exported either to foreign countries or coastwise. . In the case of silk, whether hand or filature reeled, the total export duty shall not exceed a specific rate equivalent to not more than 5 per cent, 'ad valorem. Half of this. -specific duty may be levied at the first Native Custom-House in the interior which the silk may pass, and in such case a certificate shalj be given as provided for in Section 3, and will be accepted by the Custbm-House concerned at place of export in lieu of half the export duty. Cocoons passing Native Custom-Houses shall be liable to no "taxation whatever.- Silk not exported~but con- sumed in China is liable to the Consumption Tax mentioned, and under conditions mentioned, in Section 8. ,-,'." r Sec. 8. The abolition of the li-kin system in China and. the (abandonment; of all other kinds of internal taxation on foreign imports and on exports will diminish the revenue materially. The surtax on foreign imports and exports and on coastwise exports is intended to compensate in a measure for this, loss of revenue, but there remains the loss of li-kin. revenue on internal trade to be met, and it is, therefore agreed that the Chinese Government are at liberty to impose a Con- sumption Tax on articles of Chinese origin not intended for export. : This tax shall be levied only at places of consumption and not on goods while in transit, and the Chinese Government solemnly undertake that: the arrangements which they may make for its collection shall in no way interfere with foreign goods or with native goods for export. The fact of goods being of foreign origin shall of itself free them from all taxation, delay, or stoppage, after having passed the Custom- House. Foreign goods which bear a similarity to native goods shall be furnished by the Custom-House, if required by the owiieiv with a protective certificate for each package, on payment of import duty and surtax, to prevent the risk of any dispute in the interior. Native goods brought by junks to Open Ports, if intended for local consumption irrespective of the nationality of the owner of the goods shall be reported at the Native Custom-^ House only, where the Consumption Tax may be levied. China is at liberty to fix the amount of this (Consumption) September 6, 1902.] CHINA . 1 7/J tax, which may vary according to the nature of the mer- chandize concerned, that is to say, according as the articles are necessaries of life or luxuries ; but it shall be levied at a uniform rate on goods of the same description, no matter whether carried by junk, sailing-vessel, or steamer. As mentioned in Section 3, the Consumption Tax is not to be levied within foreign settlements or concessions. Sec. 9. An excise equivalent to double the import duty as laid down in the Protocol of 1901 is to be charged on all Machine-made yarn and cloth manufactured in China, whether by foreigners at the Open Ports or by Chinese anywhere in China. A rebate of the import duty and two-thirds of the Import Surtax is to be given on raw cotton imported from foreign countries, and of all duties, including Consumption Tax, paid on Chinese raw cotton used in mills in China. Chinese machine-made yarn or cloth having paid excise is to be free of Export Duty, Export Surtax, Coast-Trade Duty, and Consumption Tax. This Excise is to be collected through the Imperial Maritime Customs. The same principle and procedure are to be applied to all other products of foreign type turned out by machinery, whether by foreigners at the Open Ports or by Chinese anywhere in China. This stipulation is not to apply to the out-turn of the Hanyang and Ta Yeh Iron Works in Hupeh and other similar existing Government works at present exempt from taxation ; or to that of Arsenals, Government Dockyards, or establishments of that nature for Government purposes which may hereafter be erected. Sec. 10. A member or members of the Imperial Maritime Customs Foreign Staff shall be selected by each of the Governors-General and Governors, and appointed in consultation with the Inspector-General of Imperial Maritime Customs to each province for duty in connection with Native Customs Affairs, Consumption Tax, Salt and Native Opium Taxes. These officers shall exercise an efficient supervision of the working of these departments, and in the event of their reporting any case of abuse, illegal exaction, obstruction to the movement of goods, or other cause of complaint, the Governor- General or Governor concerned will take immediate steps to put an end to same. Sec. 11. Cases where illegal action as described in this Article is complained of shall be promptly investigated by an officer of the Chinese Government of sufficiently high rank, in conjunction with a British officer and an officer of the Imperial Maritime Customs, each of sufficient standing ; and in the event of its being found by a majority of the investigating officers that the complaint is well founded and loss has been incurred, [536] N 2 180 CHINA. [September 5, 1902. due compensation is to be at once paid from the Surtax funds, through the Imperial Maritime Customs at the nearest open port. The High Provincial Officials are to be held responsible that the officer guilty of the illegal action shall be severely punished and removed from his post. If the complaint turns out to be without foundation com- plainant shall be held responsible for the expenses of the investigation. His Britannic Majesty's Minister will have the right to demand investigation where from the evidence belore him he is satisfied that illegal exactions or obstructions have occurred. Sec. 12. The Chinese Government agree to open to foreign trade, on the same footing as the places opened to foreign trade by the Treaties of Nanking and Tieii-tsin, the following places namely : Ch'aiigsha in Hunan ; Wanhsien in Szechuan ; Nganking in Anhui ; Waichow (Hui-chow) in Kuangtung ; and Kongmoon (Chiang-men) in Kuangtung. Foreigners residing in these Open Ports are to observe the Municipal and Police Eegulations on the same footing as Chinese residents, and they are not to be entitled to establish Munici- palities and Police of their own within the limits of these Treaty ports except with the consent of the Chinese authorities. If this Article does not come into operation the right to demand under it the opening of these ports, with the exception of Kongmoon, which is provided for in Article X, shall lapse. Sec. 13. Subject to the provisions of Section 14, the arrangements provided for in this Article are to come into force on the 1st January, 1904. By that date all li-kin barriers should be removed and officials employed in the collection of taxes and dues prohibited by this Article shall be removed from their posts. Sec. 14. The condition on which the Chinese Government enter into the present engagement is that all Powers entitled to most-favoured-nation treatment in China enter into the same engagements as Great Britain with regard to the payment of surtaxes and other obligations imposed by this Article on His Britannic Majesty's Government and subjects. The conditions on which His Britannic Majesty's Govern- ment enter into the present engagement are (1.) That all Powers who are now or who may hereafter become entitled to most-favoured-nation treatment in China enter into the same engagements ; (2.) And that their assent is neither directly nor indirectly made dependent on the granting by China of any political con- cession, or of any exclusive commercial concession. September 5, 1902.] CHINA . 181 Sec. 15. Should the Powers entitled to most-favoured- nation treatment by China have failed to agree to enter into the engagements undertaken by Great Britain under this Article by the 1st January, 1904, then the provisions of the Article shall only come into force when all the Powers have signified their acceptance of these engagements. Sec. 16. When the abolition of li-kin and other forms of internal taxation on goods as provided for in this Article has been decided upon and sanctioned, an Imperial Edict shall be published in due form on yellow paper and circulated, setting forth the abolition of all li-kin taxation, li-kin barriers and all descriptions of internal taxation on goods, except as provided for in this Article. The Edict shall state that the Provincial High Officials are responsible that any official disregarding the letter or spirit of its injunction shall be severely punished and removed from his post. ARTICLE IX. Mining Regulations. Encouragement of Mining Enterprises in China. The Chinese Government, recognizing that it is advan- tageous for the country to develop its mineral resources, and that it is desirable to attract foreign as well as Chinese capital to embark in mining enterprises, agree within one year from the signing of this Treaty to initiate arid conclude the revision of the existing Mining Regulations. China will, with all expedition and earnestness, go into the whole question of Mining Rules and, selecting from the Rules of Great Britain, India, and other countries, regulations which seem applicable to the condition of China, she will recast her present Mining Rules in such a way as, while promoting the interests of Chinese subjects and not injuring in any way the sovereign rights of China, shall offer no impediment to the attraction of foreign capital or place foreign capitalists at a greater dis- advantage that they would be under generally accepted foreign Regulations. Any Mining Concession granted after the publication of these new Rules shall be subject to their provisions. ARTICLE X. Navigation of Inland Waters of China. Opening of Kongmoon to Trade and of Ports of Call on the West River. Whereas in the year 1898 the Inland Waters of China were opened to all such steam-vessels, native or foreign, as might be especially registered for that trade at the Treaty ports; and whereas the Regulations dated the 28th July, 1898, and Supplementary Rules dated September, 1898, have been found in some respects inconvenient in working, it is now 182 CHINA. [September 6, mutually agreed to amend them and to annex such new Rules* to this Treaty. These Rules shall remain in force until altered by mutual consent. / It is further agreed that Kong moon shall be opened as a Treaty port, and that, in addition to the places named in the special Article of the Burmah Convention of the 4th February, 1897,t British steamers shall be allowed to land or ship cargo and passengers, under the same regulations as apply to the "Ports of Call" on the Yang-tsze River, at the following "Ports of Call": Pak Tau Hau (Pai-t'u k'ou), Lo Ting Hau (Lo-ting k'ou). and Do Sing (Tou-ch'eug) ; and to land or discharge passengers at the following ten passenger landing stages on the West River: Yung Ki (Jung-chi), Mah Ning (Ma-ning), Kau Kong (Chiu-chiarig), Kulow (Ku-lao), Wing On (Yung-an), How Lik (Hou-li), Luk Pu (Lu-pu). Yuet Sing (Yiieh-ch'eng), Luk To (Lu-tu), and Fung Chuen (Feng-ch'uan). ARTICLE XI. Importation of Morphia into China. I His Britannic Majesty's Government agree to the prohibition of the general importation of morphia into China, on condition, however, that the Chinese Government will allow of its importa>- tion, on payment of the Tariff import duty and under special permit, by duly qualified British medical practitioners and for the use of hospitals, or by British chemists and druggists who shall only be permitted to sell it in small quantities and on receipt of a requisition signed by a duly qualified foreign medical practitioner. The special permits above referred to will be granted to an intending importer on his signing a bond before a British Consul guaranteeing the fulfilment of these conditions. Should an importer be found guilty before a British Consul of a breach of his bond, he will riot be entitled to take out another permit. Any British subject importing morphia without a permit shall be liable to have such morphia confiscated. This Article will come into operation on all other Treaty Powers agreeing to its conditions, but any morphia actually shipped before that date will not be affected by this prohibition. /The Chinese Government, on their side, undertake to adopt measures at once, to prevent the manufacture of morphia in China. ARTICLE XII. Reformation of Judicial System of China. Abandonment of British Extra-territorial Rights. China having expressed a strong desire to reform her judicial system and to bring it into accord with that of Western nations, Great Britain agrees to give every assistance * See p. 188. | See p. 130. September 5, 1902,] CHINA. 183 to such reform, and she will also be prepared to relinquish her extra-territorial rights when she is satisfied that the state -of the Chinese laws, the arrangement for their administration,; and other considerations warrant her nvso doing. ; ARTICLE XIII. Missionary Question. The missionary question in China being, in the opinion of- the Chinese Government, one requiring careful consideration, ,so that, if possible, troubles such as have occurred in the past >may be averted in the future, Great Britain agrees to join in a Commission to investigate this question, and if possible, to devise means for securing permanent peace between converts and non- con verts, should such a Commission be formed by China and the Treaty Powers interested. ARTICLE XIV. China may prohibit Export of Rice or Grain in cases of Famine. Whereas under Rule V appended to the Treaty of Tien-tsin of 1858, British merchants are permitted to export rice and all other grain from one port of China to another under the same conditions in respect of security as copper " cash," it is now agreed that in cases of expected scarcity or famine from whatsoever cause in any district, the Chinese Government shall, on giving twenty-one days' notice, be at liberty to prohibit the shipment of rice and other grain from such district. Should any vessel specially chartered to load rice or grain previously contracted for, have arrived at her loading port prior to 'or on the day when a notice of prohibition to export comes into force she shall be allowed an extra week in which to ship her cargo. If, during the existence of this prohibition, any shipment of rice or 'grain is allowed by the authorities, the prohibition shall, ipso facto, be considered cancelled and shall not be reimposed until six weeks' notice has been given. When a prohibition is notified, it will be stated whether the Government have any Tribute or Army Rice which they intend to ship during the time of prohibition, and if so,' the quantity shall be named. Such rice shall not be. included in the prohibition, and the Customs shall keep a. record of any Tribute or Army Rice so shipped or landed. The Chinese Government undertake that no rice, other than Tribute or Army Rice belonging to the Government, shall be shipped during the period of prohibition. Notifications of prohibitions, and of the quantities of Army 184 CHINA. [September 6, 1902. or Tribute Rice for shipment shall be made by the Governors of the provinces concerned. Similarly notifications of the removals of prohibitions shall be made by the same authorities. The export of rice and other grain to foreign countries remains prohibited. ARTICLE XV. Revision of Tariff after Ten Years. Most-favoured-nation Treat- ment. Continuance of Treaties. It is agreed that either of the High Contracting Parties to this Treaty may demand a revision of the Tariff at the end of ten years; but if no demand be made on either side within six months after the end of the first ten years, then the Tariff shall remain in force for ten years more, reckoned from the end of the preceding ten years ; and so it shall be at the end of each successive ten years. Any Tariff concession which China may hereafter accord to articles of the produce or manufacture of any other State shall immediately be extended to similar articles of the produce or manufacture of His Britannic Majesty's dominions by whomso- ever imported. Treaties already existing between the United Kingdom and China shall continue in force in so far as they are not abrogated or modified by stipulations of the present Treaty, ARTICLE XVI. Ratifications. The English and Chinese texts of the present Treaty have been carefully compared, but in the event of there being any difference of meaning between them, the sense as expressed in the English text shall be held to be the correct sense. The ratifications of this Treaty, under the hand of his Majesty the King of Great Britain and Ireland, and of His Majesty the Emperor of China, respectively, shall be exchanged at Peking within a year from this day of signature. In token whereof the respective Plenipotentiaries have signed and sealed this Treaty, two copies in English and two in Chinese. Done at Shanghae, this 5th day of September, in the year of our Lord 1902; corresponding with the Chinese date, the 4th day of the 8th moon of the 28th year of Kwang Hsu. (L.S.) JAS. L. MACKAY. (Signature of his Excellency Lii Hai-huan.) (Signature of his Excellency Sheng Hsuan-hiiai.) (Seal of the Chinese Plenipotentiaries.) September 5, 1902.] CHINA. 185 Annex A (1), (Translation.) Lii, President of the Board of Works ; Sheng, Junior Guardian of the Heir- Apparent, Vice-President of the Board of Works ; Imperial Chinese Commissioners, for dealing with questions connected with the Commercial Treaties, to Sir James Mackay, His Britannic Majesty's Special Commis- sioner for the discussion of Treaty matters. Shangliae : K. H. xxviii, 1th moon, llth day (received August 15, 1902). We have the honour to inform you that we have received the following telegram from his Excellency Liu, Governor- General of the Liang Chiang, on the subject of clause 2,* mutually agreed upon by us : "As regards this clause, it is necessary to insert therein a clear stipulation, to the effect that, no matter what changes may take place in the future, all custom duties must continue to be calculated on the basis of the existing higher rate of the Haikwan tael over the Treasury tael, and that the * touch ' and weight of the former must be made good." As we already arranged with you that a declaration of this kind should be embodied in an official Note, and form an Annex to the present Treaty, for purposes of record, we hereby do ourselves the honour to make this communication. (Seal of the Imperial Commissioners for dealing with questions connected with Treaty Revision.) Annex A (2). Gentlemen, Shanghae, August 18, 1902. I have the honour to acknowledge the receipt of your despatch of the 14th instant forwarding copy of a telegram from His Excellency Liu, Governor- General of the Liang Chiang, on the subject of Article II* of the new Treaty, and in reply I have the honour to state that his Excellency's under- standing of the Article is perfectly correct. I presume the Chinese Government will make arrangements for the coinage of a national silver coin of such weight and touch as may be decided upon by them. These coins will be made available to the public in return for a quantity of silver bullion of equivalent weight and fineness plus the usual mintage charge. * See p. 172. 1 86 CHINA . {September 6, 1902. The coins which will become the national coinage of China will be declared by the Chinese Government to be legal tender in payment of customs duty and in discharge of obligations contracted in Haikwari taels, but only at their proportionate value to the Haikwan tael, whatever that may be. I have, &c., ; (Signed) JAS. L. MACKAY. Their Excellencies Lli Hai-huan and Sheng Hsiian-huai, 'missioner. Shangliae, September 2, 1902. We have the honour to inform you that on the 22nd August, :we, in conjunction with the Governors-General of the Liang Chiang and the Hu-kuang Provinces, their Excellencies Liu and Chang, addressed the following telegraphic Memorial to the . Throne: ." Of the revenue of the different Provinces derived from li-kin of all kinds, a portion is appropriated for the service of the foreign loans, a portion for the Peking Government, and the balance is reserved for the local expenditure of the Provinces concerned. " In the negotiations now being conducted with Great Britain for the amendment of the Commercial Treaties, a mutual arrangement has been come to providing for the imposition of additional taxes, in compensation for the abolition of all kinds of li-kin and other imposts on goods, prohibited by Article VIII.* After payment of interest and sinking fund on the existing foreign loan, to the extent to which li-kin is thereto pledged, these additional taxes shall be allocated to the various Provinces to make up deficiencies and replace revenue, in order that no : hardships may be entailed on them. .With a view to preserving the original intention underlying the proposal to increase the duties in compensation for the loss of revenue derived from li-kin and other imposts on goods, it is further stipulated that the surtaxes shall not be appropriated for other purposes, shall not form part of the Imperial Maritime Customs revenue proper, * See p. 175. September 6, 1902.] CHINA. 1 87 and shall in no case be pledged as security for any new foreign loan. " It is therefore necessary to memorialize for the issue of an Edrct, giving effect to the above stipulations and directing the Board of Revenue to find out what proportion of the provincial revenues derived from li-kin of all kinds, now about to be abolished, each Province has hitherto had to remit, and what proportion it has been entitled to retain, so that, when the Article comes into operation, due apportionment may be made accordingly, thus providing the Provinces with funds available for local expenditure, and displaying equitable and. just treat- ment towards all." On the 1st instant an Imperial Decree " Let action, as requested, be taken " was issued, and we do now ourselves the honour reverently to transcribe the same for your information. (Seal of the Imperial Commissioners for dealing with questions connected with Treaty Revision.) Annex B (2). Gentlemen, Shanghae, September 5, 1902. I have the honour to acknowledge the receipt of your despatch of the 2nd instant forwarding the text of the Memorial and Decree dealing with the disposal of the surtaxes. I understand that the surtaxes in addition to not being pledged for any new foreign loan are not to be pledged to, or held to be security for, liabilities already contracted by China except in so far as li-kin revenue has already been pledged to an existing loan. I also understand from the Memorial that the whole of the surtaxes provided by Article VIII* of the New Treaty goes to the Provinces in proportions to be agreed upon between them and the Board of Revenue, but that out of these surtaxes each Province is obliged to remit to Peking the same contributions as that which it has hitherto remitted out of its li-kin collections, and that the Provinces also provide as hitherto out of these surtax funds whatever may be necessary for the service of the foreign loan to which li-kin is partly pledged. I hope your Excellencies will send me a reply to this despatch, and that you will agree to this correspondence forming part of the Treaty as an Annex. I have, &c. (Signed) JAS. L. MAOKAY. Their Excellencies Lii Hai-huan and Sheng Hsiian-huai, &c. &c. &c. * See pp. 175-181. 188 CHINA. [September 5, 1902. Annex B (3). (Translation.) Lii, President of the Board of Works ; Sheng, Junior Guardian of the Heir- Apparent, Vice-President of the Board of Works ; Imperial Chinese Commissioners for dealing with questions connected with the Commercial Treaties, to Sir James L. Mackay, His Britannic Majesty's Special Com- missioner. Shanghae, September 5, 1902. We have the honour to acknowledge the receipt of your communication of to-day's date with regard to the allocation of the surtax funds allotted to the Provinces, and to inform you that the views therein expressed are the same as our own. We would, however, wish to point out that, were the whole amount of the allocation due paid over to the Provinces, unnecessary expense would be incurred in the retransmission by them of such portions thereof as would have to be remitted to Peking in place of the contributions hitherto payable out of li-kin revenue. The amount, therefore, of the allocation due to the Provinces, arranged between them and the Board of Ke venue, will be retained in the hands of the Maritime Customs, who will await the instructions of the Provinces in regard to the remittance of such portion thereof as may be necessary to fulfil their obligations, and (on receipt of these instructions) will send forward the amount direct. The balance will be held to the order of the Provinces. In so far as li-kin is pledged to the service of the 1898 Loan, a similar method of procedure will be adopted. As you request that this correspondence be annexed to the Treaty, we have the honour to state that we see no objection to this being done. (Seal of the Imperial Commissioners for dealing with questions connected with Treaty Revision.) Annex C.* INLAND WATERS STEAM NAVIGATION. Additional Rules. 1. British steam-ship owners are at liberty to lease ware- houses and jetties on the banks of waterways from Chinese subjects for a term not exceeding twenty-five years, with option of renewal on terms to be mutually arranged. In cases * See p. 181. September 5, 1902.] CHINA. 189 where British merchants are unable to secure warehouses and jetties from Chinese subjects on satisfactory terms, the local officials, after consultation with the Minister of Commerce, shall arrange to provide these on renewable lease as above mentioned at current equitable rates. 2. Jetties shall only be erected in such positions that they will not obstruct the inland waterway or interfere .with navigation, and with the sanction of the nearest Commissioner of Customs; such sanction, however, shall not be arbitrarily withheld. 3. British merchants shall pay taxes and contributions on these warehouses and jetties on the same footing as Chinese proprietors of similar properties in the neighbourhood. British merchants may only employ Chinese agents and staff to reside in warehouses so leased at places touched at by steamers engaged in inland traffic to carry on their business ; but British merchants may visit these places from time to time to look after their affairs. The existing rights of Chinese jurisdiction over Chinese subjects shall not by reason of this clause be diminished or interfered with in any way. 4. Steam vessels navigating the inland waterways of China shall be responsible for loss caused to riparian proprietors by damage which they may do to the banks or works on them and for the loss which may be caused by such damage. In the event of China desiring to prohibit the use of some particular shallow waterway by launches, because there is reason to fear that the use of it by them would be likely to injure the banks and cause damage to the adjoining country, the British authorities, when appealed to, shall, if satisfied of the validity of the objection, prohibit the use of that waterway by British launches, provided that Chinese launches are also prohibited from using it. Both foreign and Chinese launches are prohibited from crossing dams and weirs at present in existence on inland waterways where they are likely to cause injury to such works, which would be detrimental to the water service of the local people. 5. The main object of the British Government in desiring to see the inland waterways of China opened to steam naviga- tion being to afford facilities for the rapid transport of both foreign and native merchandize, they undertake to offer no impediment to the transfer to a Chinese Company and the Chinese flag of any British steamer which may now or here- after be employed on the inland waters of China, should the owner be willing to make the transfer. In event of a Chinese company registered under Chinese law being formed to run steamers on the inland waters of China the fact of British subjects holding shares in such a company shall not entitle the steamers to fly the British flag. 1 90 CHINA. [September 6, 1902. 6. Registered steamers arid their tows are forbidden, just as junks have always been forbidden, to carry contraband goods. Infraction of this rule will entail the penalties prescribed in the Treaties for such an offence, and cancellation of the Inland Waters Navigation Certificate carried by the vessels, which will be prohibited from thereafter plying on inland waters. 7. As it is desirable that the people living inland should, be disturbed as little as possible by the advent of steam-vessels to which they are not accustomed, inland waters not hitherto frequented by steamers shall be opened as gradually as may be convenient to merchants and only as the owners of steamers may see prospect of remunerative trade. In cases where it is intended to run steam-vessels on water- ways on which such vessels have not hitherto run, intimation shall be made to the Commissioner of Customs at the nearest open port who shall report the matter to the Minister of Commerce. The latter in conjunction with the Governor-General or Governor of the Province, after careful consideration of all the circumstances of the case, shall at once give their approval. 8. A registered steamer may ply within the waters of a port, or from one open port or ports to another open port or ports, or from one open port or ports to places inland, and thence back to such port or ports. She may, on making due report to the Customs, land or ship passengers or cargo at any recognized places of trade passed in the course of the voyage ; but may not ply between inland places exclusively except with the consent of the Chinese Government. 9. Any cargo and passenger boats may be towed by- steamers. The helmsman and crew of any boat towed shall be Chinese. All boats, irrespective of ownership, must be registered before they can proceed inland. 10. These Rules are supplementary to the Inland Steam Navigation Regulations of July and September, 1898. The latter, where untouched by the present Rules, remain in full force and effect; but the present Rules hold in the case of such of the former Regulations as the present Rules affect. The present Rules, and the Regulations of July and September, 1898, to which they are supplementary, are provisional, and may be modified, as circumstances require, by mutual consent. Done at Shanghae, this 5th day of September, in the year of our Lord 1902 ; corresponding with the Chinese date, the 4th day of the 8th moon of the 28th year of Kwang Hsu. (L.S.) JAS. L. MACKAY. (Signature of his Excellency Lii Hai-huan.) (Signature of his Excellency Sheng Hsuan-huai.) (Seal of the Chinese Plenipotentiaries.) April 27, 1906,]- OHtN; 4* No 40 ' _---::. - CONVENTION BETWEEN GREAT BRITAIN AND CHINA RESPECTING THIBET, TO WHICH is -ANNEXED THE CONVENTION BETWEEN GREAT BRITAIN AND THIBET, SIGNED AT LHASA, SEPTEMBER 7, 1904. Signed at Peking, April 27, 1906.* ' '* [Ratifications exchanged at London, July 23; 1906.] WHEREAS His Majesty the King of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor of China are sincerely desirous to maintain and perpetuate the relations of friendship and good under- standing which now exist between their respective Empires ; And whereas the refusal of Thibet to recognize the validity of or to carry into full effect the provisions of the Anglo-Chinese Convention of March 17, 1890, and Regulations of December 5th, 1893, placed the British Government under the necessity of taking steps .to secure their rights and interests under the said Convention and Regulations ; And whereas a Convention of ten Articles was signed at Lhasa on September 7th, 1904, on behalf of Great Britain and Thibet, and was ratified by the Viceroy and Governor-General of India N on behalf of Great Britain on November llth, 1904, a declaration on behalf of Great Britain modifying its terms under certain condi- tions being appended thereto ; His Britannic Majesty and His Majesty the Emperor of China have resolved to conclude , a Convention on this subject and have for this purpose named Plenipotentiaries, that is to say : His Majesty the King of Great Britain and Ireland : Sir Ernest Mason Satow, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, His said Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of China ; and His Majesty the Emperor of China : [ His Excellency Tong Shoa-yi, His said Majesty's High Com- missioner Plenipotentiary and a Vice-President of the Board of Foreign Affairs ; * Signed also in Chinese* 192 CHINA. [April 27, 1906. who, having communicated to each other their respective full powers, and finding them to be in good and true form, have agreed upon and concluded the following Convention in six Articles : ARTICLE I. Confirmation of Convention of September 7, 1904, between Great Britain and Thibet. The Convention concluded on September 7th, 1004, by Great Britain and Thibet, the texts of which in English and Chinese are attached to the present Convention as an Annex, is hereby con- firmed, subject to the modification stated in the Declaration appended thereto, and both of the High Contracting Parties engage to take at all times such steps as may be necessary to secure the due fulfilment of the terms specified therein. ARTICLE II. Non-interference of Great Britain or other foreign Countries in Thibet. The Government of Great Britain engages not to annex Thibetan territory or to interfere in the administration of Thibet. The Government of China also undertakes not to permit any other foreign State to interfere with the territory or internal administration of Thibet. ARTICLE III. Concessions in Thibet are denied to any other State "but China. Telegraph Lines to India. The concessions which are mentioned in Article 9 (d) of the Convention concluded on September 7th, 1904, by Great Britain and Thibet are denied to any State or to the subject of any State other than China, but it has been arranged with China that at the trade marts specified in Article 2 of the aforesaid Convention Great Britain shall be entitled to lay down telegraph lines con- necting with India. ARTICLE IV. Provisions of Anglo-Chinese Convention of 1890 and Regulations 0/1893. The provisions of the Anglo-Chinese Convention of 1890* and Regulations of 1893* shall, subject to the terms of this present Convention and Annex thereto, remain in full force. * Not printed, as they are Indian documents relating to local and frontier questions with Thibet. April 27, 1906.] CHINA. 193 AKTICLE V. English Text of Convention to be authoritative. The English and Chinese texts of the present Convention have been carefully compared and found to correspond, but in the event of there being any difference of meaning between them the English text shall be authoritative. ARTICLE VI. Ratifications. This Convention shall be ratified by the Sovereigns of both countries, and ratifications shall be exchanged at London within three months after the date of signature by the Plenipotentiaries of both Powers. In token whereof the respective Plenipotentiaries have signed and sealed this Convention, four copies in English and four in Chinese. Done at Peking this twenty-seventh day of April, one thousand nine hundred and six, being the fourth day of the fourth month of the thirty-second year of the reign of Kuang Hsii. (L.S.) EENEST SATOW. (Signature and Seal of the Chinese Plenipotentiary.) ANNEX. CONVENTION BETWEEN GREAT BRITAIN AND THIBET. Signed at Lhasa, September 7, 1904.* Whereas doubts and difficulties have arisen as to the meaning and validity of the Anglo-Chinese Convention of 1890, and the * Signed also in Chinese. [536] 194 CBINA. [April 27, 1906. Trade Eegulations of 1893, and as to the liabilities of the Thibetan Government under these Agreements ; and Whereas recent occur- rences have tended towards a disturbance of the relations of friendship and good understanding which have existed between the British Government and the Government of Thibet ; and Whereas it is desirable to restore peace and amicable relations, and to resolve and determine the doubts and difficulties as aforesaid, the said Governments have resolved to conclude a Convention with these objects, and the following Articles have been agreed upon by Colonel F. E. Younghusband, C.I.E., in virtue of full powers vested in him by His Britannic Majesty's Government and on behalf of that said Government, and Lo-Sang Gyal-Tsen, the Ga-den Ti-Eimpoche, and the representatives of the Council, of the three monasteries, Se-ra, Dre-pung and Ga-den, and of the ecclesiastical and lay officials of the National Assembly on behalf of the Government of Thibet. 1. Sikkim- Thibet, Frontier. The Government of Thibet engages to respect the Anglo-Chinese Convention of 1890 and to recognise the frontier between Sikkim and Thibet, as defined in Article I of the said Convention, and to erect boundary pillars accordingly. II. Opening of Trade Marts. The Thibetan Government undertakes to open forthwith trade marts to which all British and Thibetan subjects shall have free right of access at Gyantse and Gartok, as well as at Yatung. The Eegulations applicable to the trade mart at Yatung, under the Anglo-Chinese Agreement of 1893, shall, subject to such amendments as may hereafter be agreed upon by common consent between the British and Thibetan Governments, apply to the marts above mentioned. In addition to establishing trade marts at the places men- tioned, the Thibetan Government undertakes to place/ no restric- tions on the trade by existing routes, and to consider the question of establishing fresh trade marts under similar conditions if development of trade requires it. III. ' Amendment of Eegulations 0/1893. The question of the amendment of the Eegulations of 1893 is reserved for separate consideration, and the Thibetan Government April 27, 1906.] CHINA. 195 undertakes to appoint fully authorized delegates to negotiate with Eepresentatives of the British Government as to the details of the amendments required, IV. . No duties not provided for in Tariff to be levied In/ Thibet. The Thibetan Government undertakes to levy no dues of any kind other than those provided for in the Tariff to be mutually agreed upon. V. Upkeep of Trade Roads, and appointment of Trade Agents, The Thibetan Government undertakes to keep the roads to Gyantse and Gartok from the frontier clear of all . obstruction and in a state of repair suited to the needs of the trade, and to establish at Yatung, Gyantse, and Gartok, and at each of the other trade marts that may hereafter be established, a Thibetan Agent who shall receive from the British Agent appointed to watch over British trade at the marts in question any letter which the latter may desire to send to the Thibetan or to the Chinese authorities. The Thibetan Agent shall also be responsible for the due delivery of such communications and for the trans- mission of replies. VI. Indemnity for dispatch of British Troops to Lhasa. As an indemnity to the British Government for the 'expense incurred in the dispatch of armed troops to Lhasa, to exact reparation for breaches of Treaty obligations, and for the insults offered to arid attacks upon the British Commissioner and his following and escort, the Thibetan Government' engages to pay a sum of pounds live hundred thousand equivalent to rupees seventy-five lakhs to the British Government. . Payment of Indemnity. The indemnity shall be payable at such place as the British Government may from time to time, after due notice, indicate whether in Thibet or in the British districts of Darjeeling . or Jalpaiguri, in seventy-five annual instalments of rupees one lakh each on .-the 1st Januarv in each year, beginning from the 1st January, 1906,. [536] o 2 196 CHINA. [April 27, 1906. VII. Occupation of Chumbi Valley ~by Great Britain as security for fulfilment of Treaty. As security for the payment of the above-mentioned indemnity, and for the fulfilment of the provisions relative to trade marts specified in Articles II, III, IV and V, the British Government shall continue to occupy the Chumbi Valley until the indemnity has been paid and until the trade marts have been effectively opened for three years, whichever date may be the later. VIII. Razing of Forts. Free communication betiveen British frontier and &yantse and Lhasa. The Thibetan Government agrees to raze all forts and fortifica- tions and remove all armaments which might impede the course of free communication between the British frontier and the towns of Gyantse and Lhasa. IX. Non-interference of any Foreign Power in Thibet. The Government of Thibet engages that, without the previous consent of the British Government (a) no portion of Thibetan territory shall be ceded, sold, leased, mortgaged or otherwise given for occupation, to any Foreign Power ; (b) no such Power shall be permitted to intervene in Thibetan affairs ; (c) no Eepresentatives or Agents of any Foreign Power shall be admitted to Thibet ; (d) no concessions for railways, roads, telegraphs, mining or other rights, shall be granted to any Foreign Power, or to the subject of any Foreign Power. In the event of consent to such concessions being granted, similar or equivalent concessions shall be granted to the British Government ; (e) no Thibetan revenues, whether in kind or in cash, shall be pledged or assigned to any Foreign Power, or to the subject of any Foreign Power. X. In witness whereof the negotiators have signed the same, and affixed thereunto the seals of their arms. Done in quintuplicate at Lhasa, this 7th day of September in the year of our Lord one thousand nine hundred and four, corre- April 27, 1906.] CHINA . 197 spending with the Thibetan date, the 27th day of the seventh month of the Wood Dragon year. Thibet Frontier F. E. YOUNGHUSBAND, Col, British Commissioner. Commission. Seal of British Commissioner. Seal of Council. Seal of the Dre-pung Monastery. Seal of Sera Monastery. Seal of Ga-den Monastery. Seal of National Assembly. In proceeding to the signature of the Convention, dated this day, the Eepresentatives of Great Britain and Thibet declare that the English text shall be binding. Thibet Frontier F. E. YOUNGHUSBAND, Vol., British Commissioner. Commission.' Seal of British Commissioner. Seal of the Dalai Lama, affixed by the Ga-den Ti-Kinapoche. Seal of Council. Seal of the Dre-pung Monastery. Seal of Sera Monastery. Seal of Ga-den Monastery. Seal of National Assembly. AMPTHILL, Viceroy and Governor- General of India* 198 CHINA* [April 27, 1906. This Convention was ratified by the Viceroy and Governor- General of India in Council at Simla, on the eleventh day of November, A.D., one thousand nine hundred and four. S. M. EEASEE, Secretary to the Government of India, Foreign Department. DECLARATION SIGNED BY THE VICEROY AND GOVERNOR-GENERAL OF INDIA AND APPENDED TO THE RATIFIED CONVENTION OF TTH SEPTEMBER, 1904. Reduction of Indemnity. British Occupation of the Chiintbi Valley. Trade Marts. His Excellency the Viceroy and Governor-General of India, having ratified the Convention which was concluded at Lhasa on 7th September, 1904, by Colonel Younghusband, C.I.E., British Commissioner for Thibet Frontier Matters, on behalf of His Bri- tannic Majesty's Government ; and by Lo-Sang Gyal-Tsen, the Ga-den Ti-Rimpoche, and the representatives of the Council, of the three monasteries Sera, Drepung, and Ga-den, and of the ecclesiastical and lay officials of the National Assembly, on behalf of the Government of Thibet, is pleased to direct as an act of grace that the sum of money which the Thibetan Government have bound themselves under the terms of Article VI of the said Convention to pay to His Majesty's Government as an indemnity for the expenses incurred by the latter in connection with the despatch of armed forces to Lhasa, be reduced from Es. 75,00,000 to Es. 25,00,000 ; and to declare that the British occupation of the Chumbi Valley shall cease after the due payment of three annual instalments of the said indemnity as fixed by the said Article : Provided, however, that the trade marts as stipulated in Article II of the Convention shall have been effectively opened for three years as provided in Article VI of the Convention; and that, in the meantime, the Thibetans shall have faithfully complied with the terms of the said Convention in all other respects. AMPTHILL, Viceroy and Governor-General of India. This Declaration was signed by the Viceroy and Governor- General of India in Council at Simla, on the eleventh day of November, A.D., one thousand nine hundred and four. S, M. EEASEE, Secretary to the Government of India, Foreign Department. February 16, 1866.] COLOMBIA. 199 COLOMBIA. No. 41. TREATY OF FRIENDSHIP, COMMERCE, .AND NAVIGATION, BETWEEN GREAT BRITAIN AND COLOMBIA, Signed at London, February 16, 1866.* [Ratifications exchanged at London, October 17, 1866.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of Colombia, being desirous to maintain and improve the relations of good under- standing which happily subsist between them, and to promote the commercial intercourse between their respective subjects and citizens, have deemed it expedient to conclude a Treaty of Friendship, Commerce, and Navigation, and have for that purpose named as their, respective Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom ot Great Britain and Ireland, the Right Honourable George William Frederick, Earl of Clarendon, Baron Hyde of Hindon, a Peer of the United Kingdom, a Member of Her Britannic Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, Knight Grand Cross of the Most Honourable Order of the Bath, Her Britannic Majesty's Principal Secretary ot State for Foreign Affairs ; and the Right Honourable Thomas Milner Gibson, a Member of Her Britannic Majesty's Most Honourable Privy Council, a Member of Parliament, President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations ; And the Citizen President of the United States of Colombia, Thomas Cipriano de Mosquera, Grand General of the Union, General-in-Chief in the Colombian Guard, a Senator, a Member of the Order of the Liberators of Cundinamarca, of those of the South of Colombia, of those of Peru, decorated with the Medal of Tescua, with that of Barbacoas, and with the Cross of Cuaspud, Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty; Who, after having communicated to each other their * Signed also in Spanish. 200 COLOMBIA. [February 16, 1866. respective full powers, found in good and due form, have agreed upon and concluded the following Articles : ARTICLE I. Peace and Friendship. There shall be a perfect, firm, and inviolable peace and sincere friendship between Her Britannic Majesty and the United States of Colombia, throughout the whole extent of their possessions and territories, and between their subjects and citizens, respectively, without distinction of person or place. ARTICLE II. Commerce and Navigation. Most-favoured-nation and National Treatment. There shall be between all the dominions and possessions ot the^two High Contracting Parties, reciprocal freedom of com- merce and navigation. The subjects and citizens of each of the two Contracting Parties, respectively, shall have liberty freely and securely to come, with their ships and cargoes, to all places, ports, and rivers in the dominions and possessions of the other, to which other foreign subjects or citizens are or may be permitted to come, upon the same terms and under the same conditions as those of the most favoured nations ; and shall, through the whole extent of the dominions and possession of the other, enjoy the same rights, privileges, liberties, favours, immunities and exemptions, in matters of commerce and navigation, which are or may be enjoyed by native subjects or citizens generally. ARTICLE III. Imports : Duties and Prohibitions. Most-favoured-nation Treatment. No other or higher duties shall be imposed on the importa- tion into the dominions and possessions of Her Britannic Majesty, of any article the produce or manufacture of the dominions and possessions of the United States of Colombia, from whatever place arriving, and no other or higher duties shall be imposed on the importation into the dominions and possessions of the United States of Colombia, of any article the produce or manufacture of Her Britannic Majesty's dominions and possessions, from whatever place arriving, than are or may be payable on the like article, the produce or manufacture of any other foreign country ; nor shall any prohibition be main- tained or imposed on the importation of any article the produce or manufacture of the dominions and possessions of either of February 16, 1866.] COLOMBIA. 201 the Contracting Parties into the dominions and possessions of the other, which shall not equally extend to the importation of the like articles being the produce or manufacture of any other country. ARTICLE IV. Exports: Duties and Prohibitions. Most-favoured-nation_ Treatment. No other or higher duties or charges shall be imposed in the dominions and possessions of either of the Contracting Parties, on the exportation of any article to the dominions and possessions of the other, than such as are, or may be payable on the exportation of the like article to any other foreign country ; nor shall any prohibition be imposed on the exporta- tion of any article from the dominions and possessions of either of the two Contracting Parties to the dominions and possessions of the other, which shall not equally extend to the exportation of the like article to any other country. ' ARTICLE V. Transit Trade, Warehousing, Bounties, Drawbacks, &c. National Treatment. The subjects or citizens of one of the Contracting Parties shall enjoy, in the dominions and possessions of the other, equality of treatment with native subjects or citizens in all that relates to the transit trade ; and also in regard to ware- housing, bounties, facilities, and drawbacks. ARTICLE VI. Imports in Vessels of either Country. National Treatment. All articles which are or may be legally importable into the ports of the dominions and possessions of Her Britannic Majesty in British vessels, may likewise be imported into those ports in Colombian vessels, without being liable to any other or higher duties or charges, of whatever denomination, than if such articles were imported in British vessels ; and reci- procally, all articles which are or may be legally importable into the ports of the dominions and possessions of the United States of Colombia in Colombian vessels, may likewise be imported into those ports in British vessels, without being liable to any other or higher duties or charges, of whatever denomi- nation, than if such articles were imported in Colombian vessels. Such reciprocal equality of treatment shall take effect without 202 COLOMBIA. [February 16, 1866. distinction, whether such articles come directly from the place of origin, or from any other place. Exports in Vessels of either Country. Bounties and Drawbacks. National Treatment. In the same manner there shall be perfect equality of treatment in regard to exportation, so that the same export duties shall be paid, and the same bounties and drawbacks allowed, in the dominions and possessions of either of the Contracting Parties, on the exportation of any article which is or may be legally exportable therefrom, whether such exporta- tion shall take place in British or in Colombian vessels, and whatever may be the place of destination, whether a port of either of the Contracting Parties or of any third Power. ARTICLE VII. Tonnage, Harbour, Pilotage, Lighthouse, Quarantine, &c., Dues. National Treatment. No duties of tonnage, harbour, pilotage, lighthouse, quaran- tine, or other similar or corresponding duties, of whatever nature, or under whatever denomination, levied in the name or for the profit of Government, public functionaries, private individuals, corporations, or establishments of any kind, shall be imposed in the ports of the dominions and possessions of either country upon the vessels of the other country, which shall not equally and under the same conditions be imposed, in the like cases, on national vessels in general. Such equality of treatment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive, and whatever may be their place of destination. ARTICLE VIII. Stationing, Loading, and Unloading of Vessels. National Treatment. In all that regards the stationing, loading and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and possessions of the two countries, no privilege shall be granted to national vessels which shall not be equally granted to vessels of the other country; the intention of the Contracting Parties being that in this respect also the respective vessels shall be treated on the footing of perfect equality. ARTICLE IX. Coasting Trade excepted. The stipulations of the preceding Articles shall not apply to the coasting trade, which remains subject to the particular legislation of each of the High Contracting Parties. February 16, 1866.] COLOMBIA. 203 Port to Port Trade. National Treatment. The vessels of each of the two Contracting Parties shall, however, be at liberty, if the captain, pjoprietor, or other person duly authorized to act as agent for the vessel or cargo, shall consider advisable, to proceed from one port of one of the two countries to one or more ports of the same country, in order to discharge the whole or part of their cargo brought from abroad, or in order to take in or complete their ~cargo, without paying other duties than those which are, or may be, paid by national vessels in similar cases. ARTICLE X. National Vessels. All vessels which according to British law are to be deemed British vessels, and all vessels which according to Colombian law are to be deemed Colombian vessels, shall for the purposes of this Treaty, be deemed British and Colombian vessels respectively. ARTICLE XL Import Duties ad valorem. Mode of Calculation and of Levying. Any import duty levied ad valorem in the territories of either of the two High Contracting Parties shall be calculated on the value of the place of production or fabrication of the object imported, with the addition of the cost of transport, insurance, and commission necessary for the importation into the country to which it is carried, its dominions and posses- sions, as far as the port of discharge. For the levying of these duties, the importer shall make a written declaration at the Custom-house, stating the value arid description of the goods imported, with the addition aforesaid. If the Custom-house authorities shall be of opinion that the declared value is insufficient, they shall be at liberty to take the goods on paying to the importer the price declared, with an addition of five per cent. This payment, together with the restitution of any duty which may have been levied upon such goods, shall be made within the fifteen days following the declaration. ARTICLE XII. Trade-marks, fyc. National Treatment. The subjects or citizens of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as native subjects or citizens in regard to trade-marks and designs of every description applicable to articles of manufacture. 204 COLOMBIA. [February 16, 1866. ARTICLE XIII. Privileges of Diplomatic Agents and Consuls. Appointment of Consuls. Most- favoured-nation Treatment. The Diplomatic Agents and Consuls of each of the two High Contracting Parties in the dominions or territories ot the other shall enjoy whatever privileges, exemptions, and immunities are or shall be granted there to Agents of the same rank, belonging to the most favoured nation. It shall be free for each of the Contracting Parties to appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents, to reside in the towns and ports of the dominions and possessions of the other. Such Consuls-General, Consuls, Vice-Consuls and Consular Agents, however, shall not enter upon their functions until after they shall have been approved and admitted, in the usual form, by the Government to which they are sent. They shall exercise whatever functions, and enjoy whatever privileges, exemptions, and immunities are or shall be granted there to Consuls of the most favoured nation. ARTICLE XIV. Freedom of Residence, Travel. Hiring of Houses, Warehouses, &c. Trade. Employment of Agents. Passports, Taxes, &c. National Treatment. The subjects and citizens of each of the Contracting Parties, conforming themselves to the laws of the country, 1. Shall have full liberty, with their families, to enter, travel, or reside in any part of the dominions and possessions of the other Contracting Party. 2. They shall be permitted to hire or possess the houses, manufactories, warehouses, shops, and premises which may be necessary for them. 3. They may carry on their commerce, by wholesale or by retail, and either in person or by any agents whom they may think fit to employ. 4. They shall not be subject, in respect of their persons or property, or in respect of passports, licences for residence or establishment, nor in respect of their commerce or industry, to any taxes, whether general or local, nor to imposts or obliga- tions of any kind whatever, other or greater than those which are or may be imposed upon native subjects or citizens. ARTICLE XV. Liberty of Conscience. Freedom of Religious Worship. Burials. The subjects or citizens of the two High Contracting Parties residing in the territories of the other, shall enjoy the most perfect and entire liberty of conscience, without being molested or disturbed on account of their religious belief. Neither shall they be molested or disturbed in the proper February 16, 1866.] COLOMBIA. 205 exercise of their religion, in private houses, or in the churches, chapels, or places destined for worship, provided that in so doing they observe the decorum due to Divine worship, and the respect due to the laws of the country. Liberty shall also be granted to bury the subjects or citizens of the two High Contracting Parties who may die in the territories of the other, in convenient and adequate places, to be appointed and established by the said resident subjects or citizens for that purpose, with the knowledge of the local authorities, or in such other places of sepulture as may be chosen by the friends of the deceased ; and the funerals or sepulchres of the dead shall not be disturbed in any wise or upon any account. AETICLE XVI. Exemption from Military Service, Municipal Functions, Forced Loans, &c. The subjects and citizens of each of the Contracting Parties in the dominions and possessions of the other shall be exempted from all compulsory military service whatever, whether in the army, navy, or national guard or militia. They shall be exempted from all judicial and municipal functions whatever, as well as from all contributions, whether pecuniary or in kind, imposed as a compensation for personal service ; and, finally, from forced loans and military exactions or requisitions. ARTICLE XVII. Acquisition and Disposal of Properly. Most- favoured-nation and National Treatment. The subjects and citizens of each of the Contracting Parties in the dominions and possessions of the other, shall be at full liberty to acquire, possess, and dispose of every description of property which the laws of the country may permit any foreigners, of whatsoever nation, to acquire and possess. They may acquire and dispose of the same, whether by purchase, sale, donation, exchange, marriage, testament, succession ab intestato, or in any other manner, under the same conditions as are estab- lished by the laws of the country for all foreigners. Their heirs and representatives may succeed to and take possession of such property, either in person or by agents acting on their behalf, in the same manner and in the same legal forms as subjects or citizens of the country. In the absence of heirs and represen- tatives the property shall be treated in the same manner as the like property belonging to a subject or citizen of the country under similar circumstances. Property : Duties on Succession or Exportation. National Treatment. In none of these respects shall they pay upon the value of such property any other or higher impost, duty, or charge than 206 COLOMBIA. [February 16, 1866. is payable by subjects or citizens of the country. In every case the subjects or citizens of the Contracting Parties shall be per- mitted to export their property, or the proceeds thereof, if sold, freely, and without being subjected on such exportation to pay any duties as foreigners, or any other or higher duties than those to which subjects or citizens of the country are liable under similar circumstances. ARTICLE XVIII. Inviolability of Dwellings, fyc. Domiciliary Visits. The dwellings, manufactories, warehouses, and shops of the subjects or citizens of each of the Contracting Parties in the dominions and possessions of the other, and all premises apper- taining thereto, destined for purposes of residence or commerce, shall be respected. If there should be occasion to make a search of, or a domiciliary visit to, such dwellings and premises, or to examine or inspect books, papers, or accounts, such measure shall be executed only in conformity with the legal warrant or order in writing of a tribunal, or of the competent authority. Administration of Justice. National Treatment. The subjects or citizens of each of the two Contracting Parties in the dominions and possessions of the other, shall have free access to the Courts of Justice for the prosecution and defence of their rights. They shall enjoy in this respect the same rights and privileges as subjects or citizens of the country, and shall, like them, be at liberty, to employ, in all causes, their advocates, attorneys, or agents from among the persons admitted to the exercise of those professions according to the laws of the country. ARTICLE XIX. Rupture of Friendly Relations. Position of Persons and Property. National Treatment. For the better security of commerce between the subjects and citizens of the two High Contracting Parties, it is agreed that if at any time any rupture, or any interruption of friendly intercourse, should unfortunately take place between the two Contracting Parties, the subjects or citizens of either of them, established in the territories of the other, who may reside upon the coasts, shall be allowed six months, and those who may reside in the interior a whole year, to wind up their accounts and to dispose of their property ; and a safe-conduct shall be given to them to embark at the port which they themselves shall select. The subjects or citizens of either of the two Con- tracting Parties who may be established in the dominions or territories of the other, in the exercise of any trade of other occupation or employment, shall be allowed- to remain and con- February 16, 1866.] COLOMBIA. 207 tinue in the exercise of the said trade or occupation, notwith- standing the interruption of friendship between the two countries, in the free enjoyment of their personal liberty and property, so long as they behave peaceably and observe the laws ; and their goods and effects, of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like effects or property belonging to native subjects or citizens. In the same case, or in case of domestic troubles, debts between individuals, public funds, and the shares of Companies, shall never be confiscated, sequestered, or detained. ARTICLE XX. Wrecks and Salvage. -National Treatment, Any ship of war or merchant-vessel of either of the Con- tracting Parties which may be compelled by stress of weather, or by accident, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary stores, and to put to sea again, without paying any dues other than such as would be payable in a similar case by a national vessel. In case, however, the master of a merchant-vessel should be under the necessity of disposing of a part of his merchandize in order to defray his expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come. If any ship of war or merchant-vessel of one of the Contracting Parties should run aground or be wrecked upon the coasts of the other, such ship or vessel, and all parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize saved therefrom, including any which may have been cast into the sea, or the proceeds thereof if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents when claimed by them.- If there are no such owners or agents on the spot, then the same shall be delivered to the British or Colombian Consul-General, Consul, or Vice-Consul, in whose district the wreck or stranding may have taken place, upon being claimed by him within the period fixed by the laws of the country ; and such Consuls, owners, or agents, shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the like case of a wreck of a national vessel. The goods and merchandize saved from the wreck shall be exempt from all duties of Customs, unless cleared for con- sumption, in which case they shall pay the same rate of duty as if they had been imported in a national : vessel. In the case either of a vessel being driven in by stress of weather, run aground, or wrecked, the respective Consuls- General, Consuls. Vice-Consuls, and Consular Agents shall, if 208 COLOMBIA. [February 16, 1866. the owner or master or other agent of the owner is not present, or is present and requires it, .be authorized to interpose in order to afford the necessary assistance to their fellow-countrymen. ARTICLE XXL Seamen Deserters. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of each of the Contracting Parties, residing in the dominions and possessions of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries. AETICLE XXII. Abrogation of Treaty between Great Britain and Colombia of April 18, 1825. Duration of Present Treaty. The present Treaty of Commerce and Navigation, when ratified, shall, so far as regards the United States of Colombia, be substituted for the Treaty between His Britannic Majesty and the State of Colombia, signed at Bogota, on the 18th of April, 1825, and shall remain in force for ten years from the date of the exchange of the ratifications, and further until the expiration of twelve months after either of the Contracting Parties shall have given notice to the other of its intention to terminate the same ; each of the Contracting Parties being at liberty to give such notice to the other at the expiration of the first nine years, or at any time afterwards. ARTICLE XXIII. Ratifications. The present Treaty shall be ratified, and the ratifications shall be exchanged at London in twelve months, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at London, the sixteenth day of February, in the year of our Lord one thousand eight hundred and sixty-six. (L.S.) CLARENDON. (L.S.) THO. MILNER GIBSON, (L.S.) T. C. DE MOSQUERA. 'December 16, 1881.] CONGO FKKE STATE. 209 CONGO FREE STATE, No, 42. CONVENTION BETWEEN GREAT BRITAIN AND INTERNATIONAL ASSOCUTIOX OF THE CONGO Signed at Berlin, December 16, 1884.' [Ratifications exchanged at Brussels, May 9, 188o.] WHEREAS the Government of Her Britannic Majesty have recognized the flag of the International Association of the Congo, and of the Free States under its administration, as the flag of a friendly Government; And whereas Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, on the one part, and His Majesty the King of the Belgians, acting as Founder of the International Association of the Congo, and in the name of the said Association, on the second part, deeming it expedient to regulate and define the rights of British subjects in the territories of the said Free States, and to provide for the exercise of civil and criminal jurisdiction over them, in manner hereinafter mentioned, until sufficient provision shall have been made by the Association for the administration of justice amongst foreigners, have with this view appointed their respective Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Edwin Baldwin Malet, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Ambassador Extraordinary and Pleni- potentiary to His Imperial Majesty the German Emperor, King of Prussia, &c., and His Majesty the King of the Belgians, Charles Ferdinand Strauch, Military Intendant of the First Class in the Belgian Army ; The said Plenipotentiaries, having communicated to each other their respective full powers, have agreed upon the following Articles : ARTICLE I. No Import or Transit Duties to be levied by the Association. The' International Association of the Congo undertakes not to levy any duty, import or transit, on articles or merchandize * Signed also in French. [53G] p 210 CONGO FREE STATE. [December 16, 1884 imported by British subjects into the said territories, or into any territory which may hereafter come under its government. This freedom from custom-house duties shall extend to merchandize and articles of commerce which shall be trans- ported along the roads or canals constructed, or to be con- structed, around the cataracts of the Congo. ARTICLE II. Freedom of Residence and Religious Worship. Protection of Persons and Property. Commerce, Navigation, Industry, Right to Buy, Sell, Let, or Hire Lands, Houses, Mines, <&c., Coasting Trade. Most-favoured-naiion Treatment. British subjects shall have at all times the right of sojourning and of establishing themselves within the territories which are or shall be under the government of the said Association. They shall enjoy the same protection which is accorded to the subjects or citizens of the most favoured nation in all matters which regard their persons, their property, the free exercise of their religion, and the rights of navigation, commerce, and industry. Especially they shall have the right of buying, of selling, of letting, and of hiring lands and buildings, mines and forests, situated within the said territories, and of founding- houses of commerce, and of carrying on commerce and a coasting trade under the British flag. ARTICLE III. General Most-favoured-nalion Treatment. The Association engages itself not to accord any advantages whatsoever to the subjects of any other nation without the same advantages being extended to British subjects, ARTICLE IV. Appointment and Protection of Consular Officers. Her Majesty the Queen of Great Britain and Ireland may appoint Consuls or other Consular officers to reside at ports or stations within the said territories, and the Association engages itself to protect them. ARTICLE V. British Consular Jurisdiction, Civil and Criminal '. Every British Consul or Consular officer within the said territories, who shall be thereunto duly authorized by Her December 16, 1884.] CONGO FKEE STATE. 211 Britannic Majesty's Government, may hold a Consular Court for the district assigned to him, and shall exercise sole and exclusive jurisdiction, both civil and criminal, over the persons and property of British subjects within the same, in accordance wjth British law. ARTICLE VI. Laws of Free State to be observed by British Subjects. Infractions justiciable by British Consular Court, Nothing in the last preceding Article contained shall be deemed to relieve any British subject from the obligation to observe the laws of -the said Free State applicable to foreigners, but any infraction thereof by a British subject shall be justiciable only by a British Consular Court. ARTICLE VII. 0/ences against Persons or Property of British Subjects by inhabitants of Free State, punishable by Laws of the State. Administration of Justice. Inhabitants of the said territories who are subject to the government of the Association, if they shall commit any wrong against the person or property of a British subject, shall be arrested and punished by the authorities of the Association according to the laws of tne said Free State. Justice shall be equitably and impartially administered on both sides. ARTICLE VIII. Jurisdiction in Civil Cases. Settlement of Disputes. A British subject, having reason to complain against an inhabitant of the said territories, who is subject to the govern- ment of the Association, must proceed to the British Consulate, and there state his grievance. The Consul shall inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if any such inhabitant of the said territories shall have reason to complain of a British subject, the British Consul shall no less listen to his complaint and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the authorities of the Association to examine into the merits of the case and decide it equitably. ARTICLE IX. Recovery of Debts. Should any inhabitant of the said territories, who is subject to the government of the Association, fail to discharge any [536] P 2 212 CONGO FREE STATE, [December 16, 1884. debt incurred to a British subject, the authorities of the Association will do their utmost to bring him to justice, and to enforce recovery of the said debt ; and should any British subject fail to discharge a debt incurred by him to any such inhabitant, the British authorities will in like manner do their utmost to bring him to justice, and to enforce recovery of the debt. No British Consul nor any authority of the Association is to be held responsible for the payment of any debt contracted either by a British subject, or by any inhabitant of the said territories, who is subject to the government of the Association, ARTICLE X. Above Engagements to apply also in case of Cession of Territory. In case of the Association being desirous to cede any portion of the territory now or hereafter under its government, it shall not cede it otherwise than as subject to all the engagements contracted by the Association under this Convention. Those engagements, and the rights thereby accorded to British subjects, shall continue to be in vigour after every cession made to any new occupant of any portion of the said territory. Ratifications. This Convention shall be ratified, and the ratifications shall be exchanged with the least possible delay. It shall come into operation immediately upon the exchange of ratifications. Done at Berlin, the sixteenth day of December, eighteen hundred and eighty-four. (L.S.) EDWARD B, MALET. (L,S.) STRAUCH, No. 43. DECLARATIONS EXCHANGED BETWEEN GREAT BRITAIN AND THE INTERNATIONAL ASSOCIATION OF THE CONGO. Berlin, December 16, 1884. DECLARATION OF THE ASSOCIATION. L'ASSOCIATION Internationale du Congo, fondee par Sa Majeste le Hoi des Beiges, dans le but defavoriser la civilisation December 16, 1884.] CONG O FBE E STATE. 213 et le commerce de 1'Afrique, ainsi que dans des intentions kumanitaires et bienveillantes, declare par la presente ce qui suit : Treaties with States in Basins of the Congo and Niadi Kwilu, goods which have not been duly entered at the custom-house in the manner above pro- vided, or packages containing goods different from those described in the import or export permit application, or pro- hibited goods, shall forfeit twice the value of such goods, and the goods shall be confiscated. 4. Any person signing a false declaration or certificate with the intent to defraud the revenue of Corea, shall be liable to a fine not exceeding 200 Mexican dollars. 5. Any violation of any provision of these Regulations, to November 26, 1883.] gOREA. 229 which no penalty is specially attached herein, may be punished by a fine not exceeding 100 Mexican dollars. Note. All documents required by these Regulations, and all other communications addressed to the Corean Customs authorities, may be written in the English language. (L.S.) HAKRY S. PARKES. (L.S.) (Signature in Chinese of MIN YONG-MOK, the Corean Plenipotentiary.) IMPORT TARIFF. [Classified according to Bate of Duty.] CLASS I. Duty Free Goods* Agricultural implements. Books, maps, and charts. Bullion, being gold and silver refined. Coins, gold and silver. Fire engines. Models of inventions. Packing bags, packing matting, tea-lead, and ropes for packing goods. Plants, trees, and shrubs, of all kinds. Samples in reasonable quantities. Scientific instruments, as physical, mathematical, meteorological, and surgical instruments and their appliances. Travellers' baggage. Types, new and old. CLASS II. Import Goods subject to an ad valorem Duty of 5 per cent. Alum. Anchors and chains. Bark for tanning. Bamboo, split or not. Beans, peas, and pulse, all kinds. Bones. Bricks and tiles. Camphor, crude. Coal and coke. Cotton, raw. Drugs and medicines, all kinds. Pish, fresh. Flax, hemp, and jute. Flints. Flour and meal, all kinds. Fruit, fresh, all kinds. Glue. Grain and corn, all kinds. 230 COREA. [November 26, 1883. Guano and manures, all kinds. Hides and skins, raw and undressed. Horns and hoofs, all kinds not otherwise provided for. Kerosene and petroleum and other mineral oils. Lanterns, paper. Lime. Matches. Matting, floor, Chinese and Japanese, coir, &c., common qualities. Meat, fresh. MetaJs, all kinds, in pig, block, ingot, slab, bar, rod, plate, sheet, hoop, strip, band, and flat, T and angle iron, Old and scrap iron. Oil cake. Oil, wood (" T'ung yu"). Paper, common qualities. Pepper, unground. Pitch and tar. Eattans, split or not. Scales and balances. Seeds, all kinds. Soap, common qualities. Soy, Chinese and Japanese. Twine and thread, all kinds excepting in silk. Umbrellas, paper. Vegetables, fresh, dried, and salted. Wool, sheep's, raw. Yarns, all kinds, in cotton, wool, hemp, &c. All unenumerated articles, raw or unmanufactured. CLASS III. Import Goods subject to an ad valorem Duty o/ 7| per cent. Beverages, such as lemonade, ginger beer, soda and mineral waters. Blankets and rugs. Buttons, buckles, hooks and eyes, &c. Candles. Canvas. Carpets of jute, hemp, or felt, patent tapestry. Cement, as Portland and other kinds. Charcoal. Chemicals, all kinds. Clothing and wearing apparel of all kinds, hats, boots, shoes, &c. Cocoons. Cordage and rope, all kinds and sizes. Cotton manufactures, all kinds. Cotton and woollen mixtures, all kinds. Cotton and silk mixtures, all kinds. Dyes, colours, and paints, paint oils, and materials used for mixing paints. Earthenware. Fans. Feathers. Felt. Fish, dried and salted. Floor rugs, all kinds. Foil, tin, copper, and all other kinds except gold and silver. Fruits, dried, salted, or preserved. Gamboge. Glass, window, plain and coloured, all quantities. Grass cloth and all textiles in hemp, jute, &c. Hair, all kinds except human. Hides and skins, tanned and dressed. November 26, 1883.] CORE A. 281 Isinglass, all kinds. Lamps, all kinds. Leather, all ordinary kinds, plain. Linen, linen and cotton, linen and woollen, linen and silk mixtures, grey, white, or printed. Matting, superior quality, Japanese " tatamis," &c. Meat, dried and salted. Metals, all kinds in pipe and tube, corrugated or galvanized, wire, steel, tin plates, nickel, platina, quicksilver, German silver, tute- nagne, or white copper, yellow metal, unrefined gold and silver. Metal manufactures, all kinds, as nails, screws, tools, machinery, rail- way plant, and hardware. Mosquito netting not made of silk. Needles and pins. Oils, vegetable, all kinds. Oil and floor cloth, all kinds. Paper, all kinds, not otherwise provided for.. Planks, soft wood. Porcelain, common quality. Rosin. Salt. Sapan wood. Sea products, as seaweed, beche-de-mer, &c. Silk, raw, reeled, thrown floss or waste. Silk manufactures not otherwise provided for. Spectacles. Spirits in jars. Stationery and writing materials of all kinds, blank books, &c. Stones and slate, cut and dressed. Sugar (brown and white), all qualities, molasses, and syrups. Sulphur. Table stores, all kinds, and preserved provisions. Tallow. Tea. Umbrellas, cotton. Umbrella frames. Varnish. Vermicelli. Wax, bees' or vegetable. Wax cloth. W T oods and timber, soft. Woollen manufactures, all kinds. Woollen and silk mixtures, all kinds. AU unenumerated articles partly manufactured. CLASS IV. Import Goods subject to an ad valorem Duty of 10 per cent. Beer, porter, and cider. Camphor, refined. Carmine. Carpets, superior qualities, as Brussels, Kidderminster, and other kinds not enumerated. Clocks, and parts thereof. Clothing made wholly of silk. Confectioneries and sweetmeats, all kinds. Explosives used for mining, &c. (imported under special permit). Foil, gold and silver. Furniture of all kinds. Glass, plate, silvered or unsilvered, framed or unframed. Glassware, all kinds, 232 COKEA. [November 26, 1883. Hair, human. India-rubber, manufactured or not. Lacquered-ware, common. Leather, superior kinds, or stamped, figured, or coloured. Leather manufactures, all kinds. Materials for seals, &c. Musical boxes. Musical instruments, all kinds. Musquito netting made of silk. Paper, coloured, fancy, wall and hanging. Photographic apparatus. Pictures, prints, photographs, engravings, all kinds, framed or unframed. Planks, hardwood. Plated-ware, all kinds. Porcelain, superior quality. Saddlery and harness. Silk thread, or floss silk in skein. Silk manufactures, as gauze, crape, Japanese amber lustrings, satins, satin damasks, figured satins, Japanese white silk ("habutai "). Soap, superior qualities. Sugar candy. Telescopes and binocular glasses, Tooth powder. Trunks and portmanteaux. Umbrellas, silk. Vermilion. Watches and parts thereof in common metal, nickel, or silver, Wines in wood or bottle, all kinds. Wood or timber, hard. All unenumerated articles completely manufactured, CLASS V. Import Goods subject to an ad valorem Duty of 20 per cent. Amber. Arms, fire-arms, fowling-pieces, &c., imported under special permit. Artificial flowers. Birds' nests. Carpets, velvet. Carriages. Cochineal. Coral, manufactured or not. Embroideries in gold, silver, or silk. Enamel-ware. Fireworks. Furs, superior, as sable, sea otter, seal, otter, beaver, &e., Ginseng, red, white, crude, and clarified. Hair ornaments, gold and silver. Incense, sticks. Ivory, manufactured or not. Jade-ware. Jewellery, real or imitation. Lacquered-ware, superior. Musk. Pearls. Perfumes and scents. Plate, gold and silver ; Precious stones. Rhinoceros horns. Scented woods, all kinds. November 26, 1883.] COREA. 233 Spices, all kinds. Spirits and liqueurs in wood or bottle, all kinds. Tobacco, all forms and kinds. Tortoise shell, manufactured or not. Velvet, silk. Watches, and parts thereof, in gold and gilt. Works of Art. CLASS VI. Prohibited Goods. Adulterated drugs or medicines. Arms, munitions, and implements of war, as ordnance or cannon, shot and shell, fire-arms of all kinds, cartridges, side-arms, spears, or pikes, saltpetre, gunpowder, gun-cotton, dynamite, and other explosive substances. The Corean authorities will grant special permits for the importation of arms, fire-arms, and ammunition for purposes of sport or self- defence, on satisfactory proof being furnished to them of the bond fide character of the application. Counterfeit coins, all kinds. Opium, except medicinal opium. Foreign ships, when sold in Corea, will pay a duty of 25 cents per ton on sailing-vessels, and 50 cents per ton on steamers. (L.S.) HARRY S. PARKES. (L.S.) (Signature in Chinese of MIN YONG-MOK, Corean Plenipotentiary.) IMPORT TARIFF, [Arranged Alphabetically.] No. Article. Ad valorem Bate of Duty. Per cent. 1 Agricultural implements... Free 2 Alum ... 5 3 Amber ... 20 4 Anchors and chains 5 5 Arms, ammunition, fire-arms, fowling-pieces, or side-arms, imported under special permit of the Corean Government for sporting purposes or for self-defence ... 20 6 Artificial flowers 20 7 Bamboo, split or not 5 8 Bark for tanning 5 9 Beans, peas, and pulse, all kinds ... ... ... r> 10 Beer, porter, and cider ... 10 11 Beverages, such as lemonade, ginger beer, soda, and mineral waters 7_ 234 CORE A. [November 26, 1883. No. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Article. Birds' nests Blankets and rugs Bones ... Books, maps, and charts ... Bricks and tiles ... Bullion, being gold or silver, refined Buttons, buckles, hooks and eyes, &c. Camphor, crude ... refined Candles Canvas... Carmine Carpets of jute, hemp, or felt, patent tapestry superior quality, as Brussels, Kidderminster, and other kinds not enumerated Carpets, velvet ... Carriages Cement, as Portland and other kinds Charcoal Chemicals, all kinds Clocks, and parts thereof ... Clothing and wearing apparel, all kinds, hats, boots and shoes, &c.... Clothing and wearing apparel, made wholly of silk .. Coal and coke ... Cochineal Cocoons Coins, gold and silver Confectioneries and sweetmeats, all kinds ... Coral , manufactured or no t Cordage and rope, all kinds and sizes Cotton, raw Cotton manufactures, all kinds ... Cotton and woollen mixtures, all kinds ... TT Cotton and silk mixtures, all kinds Cutlery, all kinds Drugs, all kinds Dyes, colours, and paints, paint oils, and materials used for mixing paints... Earthenware Embroideries in gold, silver, or silk ... Enamel-ware Explosives used for mining, &c., and imported under special permit... Fans, all kinds ... Feathers, all kinds Felt Fire engines .1. Fireworks Fish, fresh ... :.. dried and salted ... ;.. Flax, hemp, and jute Flints ... Floor rugs, all kinds Flour and meal, all kinds Ad valorem Kate of Duty. Per cent. 20 Free 5 Free 10 7 10 10 20 20 7i zi 71 10 7* 10 5 20 7* Free 10 20 7* 7i n H 5 7* 7* 20 20 10 7i 7* 7* Free 20 5 7|- 5 5 November 20, 1883.] COEEA. 235 No. Article, Ad valorem Bate of Duty. Per cent. 63 Foil, gold and silver 10 64 ,, tin, copper, and all other kinds 7* 65 Fruit, fresh, all kinds ~5 - 66 ,, dried, salted, or preserved 7* 67 Furniture of all kinds 10 68 Furs, superior, as sable, sea otter, seal, otter, beaver, &c. 20 69 Gamboge 7i 70 Ginseng, red, white, crude, and clarified ... 20 71 Glass, window, plain and coloured, all qualities 7| 72 ,, plate, silvered or unsilvered, framed, or un- framed ... 10 73 Glassware, all kinds 10 74 Glue 5 75 Grain and corn, all kinds ... 5 76 Grass cloth, and all textiles in hemp, jute, &c. 7* 77 Guano and manures, all kinds 5 78 Hair, all kinds except human u 79 ,, human 10 80 Hair ornaments, gold and silver ... 20 81 Hides and skins, raw and undressed 5 82 ,, ,, tanned and dressed 7i 83 Horns and hoofs, all kinds not otherwise provided for 5 84 Incense sticks ... 20 85 India-rubber, manufactured or not 10 86 Isinglass, all kinds 7 87 Ivory, manufactured or not 20 88 Jade-ware 20 89 Jewellery, real or imitation 20 90 Kerosene, or petroleum, and other mineral oils 5 91 Lacquered-ware, common 10 92 ,, superior 20 93 Lamps, all kinds 7* 94 Lanterns, paper 5 95 Leather, all ordinary kinds, plain 7i 96 ,, superior kinds, and stamped, figured, or coloured 10 97 ,, manufactures, all kinds ... 10 98 Lime ... 5 99 Linen, linen and cotton, linen and woollen mixtures, linen and silk mixtures, all kinds 71 100 Matches 5 101 Matting, floor, Chinese, Japanese, coir, &c., common qualities 5 102 ,, superior qualities, Japanese tatamis, &c. ... 7i 103 Meat, fresh 5 104 ,, dried and salted ... 7i 105 Medicines, all kinds not otherwise provided for 5 106 Metals, all kinds, in pig, block, ingot, slab, bar, rod, plate, sheet, hoop, strip, band and flat, T and angle iron, old and scrap iron 5 107 Metals, all kinds, in pipe or tube, corrugated or galvanized, wire, steel, tin-plates, quicksilver, nickel, platina, German silver, yellow metal, tutenagne, or white copper, unrefined gold and silver 7| 236 COREA. [November 26, 1883. No. Article. Ad valorem Bate of Duty. 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 Metal manufacturers, all kinds, as nails, screws, tools, machinery, railway plant, and hardware . . , Models of inventions Mosquito netting, not made of silk ,, ,, made of silk Musical boxes ... Musiqal instruments, all kinds Musk ... Needles and pins Oil-cake Oils, vegetable, all kinds Oil, wood ("T'ungyu").. . Oil- and floor-cloth, all kinds Packing bags, packing matting, tea-lead, and ropes for packing goods Paper, common qualities ... ,, all kinds, not otherwise provided for coloured, fancy, wall, and hanging ... Pearls ... Pepper, unground Perfumes and scents ... ... ... Photographic apparatus ... Pictures, prints, photographs, engravings all kinds, framed or unf ramed ... Pitch and tar ... Planks, soft ,, hard Plants, trees, and shrubs, all kinds Plate, gold and silver Plated-ware, all kinds ... Porcelain, common qualities ,, superior qualities Precious stones, all kinds, set or unset Rattans, split or not Rhinoceros horns Rosin ... Saddlery and harness Salt Samples in reasonable quantities ... Sapan wood Scales and balances Scented wood, all kinds ... Scientific instruments, as physical, mathematical, meteorological, and surgical, and their appli- ances Seals, materials for Sea products, as seaweed, beche-de-mer, &c. Seeds, all kinds... Silk, raw, reeled, thrown, floss or waste ... Silk manufactures, as gauze, crape, Japanese amber lustrings, satins, satin damasks, figured satins, Japanese white silk (" habutai ") Silk manufactures not otherwise provided for Silk thread and floss silk in skein... Soap, common qualities ... .superior qualities ... Per cent. Free. 7* 10 10 10 20 71 Free. 5 V* 10 20 5 20 10 10 5 7* 10 Free. 20 10 71 10 20 5 20 7* 10 7i- Free. 71 5 20 Free. 10 7* 5 71 10 71 10 5 10 November 26, 1883.] COREA, 237 No. Article. Ad valorem Rate of Duty. 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 Per cent. Soy, Chinese and Japanese ... ... ... 5 Spectacles ... ... ... ... ... 7-| Spices, all kinds ... ... ... ... 2H _ Spirits, in jars . Spirits and liqueurs, in wood or bottle, all kinds ... 20 Stationery and writing materials, all kinds, blank books, &c. Stones and slate, cut and dressed ... Sugar, brown and white, all qualities, molasses and syrups ... ... ... ... ...! 7 Sugar candy ... ... ... ... ... 10 Sulphur 7| Table stores, all kinds, and preserved provisions ... 7| Tallow... ... ... ... ... ... 7 Tea 71 Telescopes and binocular glasses . . . Tobacco, all kinds and forms ... ... ...! 20 Tortoise shell, manufactured or not ... ... 20 Tooth powder ... ... ... ... ... 10 Travellers' baggage ... ... ... ...' Free. Trunks and portmanteaux ... ... ... 10 Twine and thread, all kinds, excepting in silk ... 5 Types, new and old ... ... ... ... Free. Umbrellas, paper ... ... ... ... 5 ,, cotton ... ... ... ... 7 silk 10 Umbrella frames ... ... ... ... 7 Varnish ... ... ... ... ... 7| Vegetables, fresh, dried, and salted ... ... 5 Velvet, silk ... ... ... ... ... 20 Vermicelli ... ... ... ... ... 7 Vermilion ... ... ... ... ... 10 Watches, and parts thereof, in common metal, nickel, j or silver ... ... ... ... 10 ,, in gold or gilt ... ... ... ... 20 Wax, bees' or vegetable ... ... ... ... 74- cloth 7i Wines in wood or bottle, all kinds ... ... 10 Wood and timber, soft ... ... ... ... 7 hard 10 Wool, sheep's, raw ... ... ... ... 5 Woollen manufactures, all kinds ... ... ... 7| Woollen and silk manufactures, all kinds ... ... 7 Works of Art 20 Yarns, all kinds, in cotton, wool, hemp, &c. ... 5 All unenunierated articles, raw or unmanufactured... 5 ,, partly manufactured ... 7 ,, ,, completely manufactured 10 Foreign ships, when sold in Corea, will pay a duty of 25 cents per ton on sailing-vessels and 50 cents per ton on steamers. 238 COREA. [November 26, 1883. Prohibited Goods. Adulterated drugs or medicines. Arms, munitions, and implements of war, as ordnance or cannon, shot and shell, fire-arms of all kinds, cartridges, side-arms, spears or pikes, saltpetre, gunpowder, gun-cotton, dynamite, and other explosive substances. The Corean authorities will grant special permits for the importation of arms, fire-arms, and ammunition for purposes of sport or self-defence* on satisfactory proof being furnished to them of the bond fide character of the application. Counterfeit coins of all kinds. Opium, except medicinal opium. EXPORT TARIFF. Class I. Duty free export goods : Bullion, being gold and silver refined ; coins, gold and silver, all kinds ; plants, trees and shrubs, all kinds ; samples, in reason- able quantity ; travellers' baggage. Class II. All other native goods or productions not enumerated in Class I will pay an ad valorem duty of 5 per cent. The exportation of red ginseng is prohibited. RULES. 1. In the case of imported articles the ad valorem duties of this Tariff will be calculated on the actual cost of the goods at the place of production or fabrication, with the addition of freight, insurance, &c. In the case of export articles the ad valorem duties will be calculated on market value in Corea. 2. Duties may be paid in Mexican dollars or Japanese silver yen. 3. The above Tariff of import and export duties shall be converted, as soon as possible, and as far as may be deemed desirable, into specific rates by agreement between the com- petent authorities of the two countries. (L.S.) HARRY S. PARKES. (L.S.) (Signature in Chinese of Mltf YONG-MOK, Corean Plenipotentiary.) November 26, 1883.] OOREA. 239 PROTOCOL. The above-named Plenipotentiaries hereby make and append to this Treaty the following three declarations : British Extraterritorial Jurisdiction in Corea. 1. With reference to Article III of this Treaty, it is hereby declared that the right of extra-territorial jurisdiction over British subjects in Corea, granted by this Treaty shall be "relin- quished when, in the judgment of the British Government, the laws and legal procedure of Corea shall have been so far modified and reformed as to remove the objections which now exist to British subjects being placed under Corean jurisdiction, and Corean Judges shall have attained similar legal qualifications and a similar independent position to those of British Judges. Right to open Commercial Establishments at Hanyang. 2. With reference to Article IV of this Treaty, it is hereby declared that if the Chinese Government shall hereafter sur- render the right of opening commercial establishments in the city of Hanyang, which was granted last year to Chinese sub- jects, the same right shall not be claimed for British subjects, provided that it be not granted by the Corean Government to the subjects of any other Power. Application of Treaty to British Colonies. 3. It is hereby declared that the provisions of this Treaty shall apply to all British Colonies, unless any exception shall be notified by Her Majesty's Government to that of Corea within one year from the date in which the ratifications of this Treaty shall be exchanged. And it is hereby further stipulated that this Protocol shall be laid before the High Contracting Parties simultaneously with this Treaty, and that the ratification of this Treaty shall include the confirmation of the above three declarations, for which, therefore, no separate act of ratification will be required. In faith of which the above-named Plenipotentiaries have this day signed this Protocol, and have thereto affixed their seals. Done at Hanyang, this twenty-sixth day of November, in the year eighteen hundred and eighty-three, corresponding to the twenty-seventh day of the tenth month of the four hundred and ninety-second year of the Corean era, being the ninth year of the Chinese reign Kuang Hsii. (L.S.) HARRY S. PARKES. (L.S.) (Signature in Chinese of MIN YONG-MOK, Corean Plenipotentiary.}. 240 COSTA EICA. [November 27, 1849. COSTA RICA. No. 45. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN GREAT BRITAIN AND COSTA EICA. Signed at San Jost, November 27, 1849.* [Ratifications exchanged at London, February 20, 1850.] In the Name of the Most Holy Trinity. EXTENSIVE commercial intercourse having been established for some time between the territories, dominions, and settlements of Her Britannic Majesty and the Republic of Costa Rica, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between Her said Britannic Majesty and the said Republic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a Treaty of Amity, Commerce, and Navigation ; For this purpose they have named their respective Pleni- potentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Frederick Chatfield, Esq., Charge d' Affaires of Her Britannic Majesty at Guatemala; And his Excellency the President of the Republic of Costa Rica, Don Joaquin Bernardo Calvo, Minister of State and ior Foreign Affairs ; Who, after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following Articles : * Signed also in Spanish. November 27, 1849.] COSTA RIGA. 241 ARTICLE I. friendship. There shall be perpetual amity between Her Majesty the Queeu of the United Kingdom of Great Britain and Ireland, her heirs and successors, and her and their subjects, and the Government of the Republic of Costa Rica and its citizens. ARTICLE II. Freedom of Commerce, Navigation, and Residence. Hiring, &c., of Houses and Warehouses. There shall be between all the territories, dominions, and settlements of Her Britannic Majesty in Europe, and the territories of the Republic of Costa Rica, a reciprocal freedom of commerce. The subjects and citizens of the two countries, respectively, shall have liberty freely and securely to come, with their ships and cargoes, to all places, ports, and rivers in the territories, dominions, and settlements aforesaid, to which other foreigners are or may be permitted to come ; to enter into the same, and to remain and reside in any part thereof, respectively ; also to hire and occupy houses and warehouses for the purposes of their commerce ; and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce, subject always to the laws and statutes of the two countries, respectively. Vessels of War and Mail Packets. In like manner, the respective ships of war and post office packets of the two countries shall have liberty freely and securely to come to all harbours, rivers, and places, to which other foreign ships of war and packets are or may be permitted to come ; to enter into the same, to anchor, and to remain there and refit, subject always to the laws and statutes of the two countries, respectively. Coasting Trade reserved. By the right of entering the places, ports, and rivers men- tioned in this Article, the privilege of carrying on the coasting trade is not understood, in which trade national vessels only are permitted to engage. [536] E 242 COSTA BICA, [November 27,. 1849, ARTICLE III. Freedom of Commerce and Navigation in British Dominions, &c., out of Europe, Most- favoured-nation Treatment. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland engages further, that the inhabitants of the Republic of Costa Rica shall have the like liberty of commerce and. navigation stipulated for in the preceding Article, in all her territories, dominions, and settlements situated out of Europe, to the full extent to which the same is permitted at present, or shall be permitted hereafter, to any other nation. ARTICLE IV. Commerce and Navigation. Most-favoured-nation Treatment. It being the intention of the two High Contracting Parties to bind themselves by the two preceding Articles to treat each other on the footing of the most favoured nation, it is hereby agreed between them, that any favour, privilege, or immunity whatever, in matters of commerce and navigation, which either Contracting Party has actually granted, or may hereafter grant, to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other High Contracting Party, gratuitously, if the concession in favour of that other nation shall have been gratuitous; or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. ARTICLE V. [Terminated on November 26, 1897.] * ARTICLE VI. [Terminated on November 26, 1897.] ARTICLE VII. [Terminated on November 26, 1897.] ARTICLE VIII. Transaction of Business. Employment of Agents, &c. Fixation of Prices of Goods. National Treatment. All merchants, commanders of ships, and others, the subjects of Her Britannic Majesty, shall have full liberty in all the ' November 27, 1849.] COSTA RICA., 243 territories of the Republic of Costa Rica, to manage their own affairs themselves, or to commit them to the management of whomsoever they please, as broker, factor, agent, or interpreter ; nor shall they be obliged to employ any other persons in those capacities than those employed by Costa Ricans, nor to pay them any other salary or remuneration than such as is paid in like cases by Costa Rican citizens ; and absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the price of any goods, wares, or merchandize imported~into, or exported from, the Republic of Costa Rica, as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed in the terri- tories, dominions, and settlements of Her Britannic Majesty, by the citizens of the Republic of Costa Rica under the same conditions. Protection of Persons and Property. Access to Law Courts. Employment of Lawyers. National Treatment. The subjects and citizens of the High Contracting Parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the Courts of Justice in the said countries, respectively, for the prosecution and defence of their just rights; and they shall be at liberty to employ in all causes the advocates, attorneys, or agents of whatever description, whom they may think proper ; and they shall enjoy in this respect the same rights and privileges therein as native subjects or citizens. ARTICLE IX. Police of the Ports. Loading and Unloading of Vessels. Succession to and Disposal of Property, Administration of Justice. Imposts, &c.- National Treatment. In whatever relates to the police of the ports, the lading and unlading of ships, the safety of merchandize, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomi- nation, by sale, donation, exchange, testament, or in any other manner whatsoever, ?s also the administration of justice; the subjects and citizens of the two High Contracting Parties shall reciprocally enjoy the same privileges, liberties, and rights, as native subjects or citizens ; and they shall not be charged in any of these respects with any higher imposts or duties than those which are paid, or may be paid, by native subjects or citizens ; submitting, of course, to the local laws and regulations of each country, respectively. [536] R 2 244; COSTA EICA. [November 27, 1849.' Intestate Estates. If any subject or citizen of eithui or ehe two High Contract- ing Parties shall die without will or testament in any of the territories, dominions, or settlements of the other, the Consul- Gen eral or Consul of the nation to which the deceased belonged, or the representative of such Consul-General or Consul, in his absence, shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and creditors of the deceased ; giving proper notice of such nomi- nation to the authorities of the country. ARTICLE X. Exemption from Military Service, Forced Loans, #c. Taxes, &c. National Treatment. The subjects of Her Britannic Majesty residing in the Republic of Costa Rica, and the citizens of the Republic of Costa Rica residing in any of the territories, dominions, or settlements of Her Britannic Majesty, shall be exempted from all compulsory military service whatsoever, either by sea or by land, and from all forced loans or military exactions or requisi- tions ; and they shall not be compelled, under any pretext whatsoever, to pay other ordinary charges, requisitions, or taxes, greater than those that are paid by native subjects or citizens of the Contracting Parties, respectively. ARTICLE XL Appointment and Privileges of Diplomatic and Consular Officers. Most-favoured-nation Treatment. It shall be free for each of the two High Contracting Parties to appoint Consuls for the protection of trade, to reside in any of the territories, dominions, and settlements of the other Party ; but before any. Consul shall act as such, he shall, in the usual form, be approved and admitted by the Govern- ment to which he is sent; and either of the High Contracting Parties may except from the residence of Consuls such particular places as they judge fit to be excepted. The Costa Rican Diplomatic Agents and Consuls shall enjoy in the territories, dominions, and settlements of Her Britannic Majesty, whatever privileges, exemptions, and immunities are or shall be granted to Agents of the same rank belonging to the most favoured nation ; and in like manner, the Diplomatic Agents and Consuls of Her Britannic Majesty in the Costa Rican November 27, 1849.] COSTA RICA. 245 territories shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted in the territories of the Republic of Costa Rica, to the Diplomatic Agents and Consuls of the most favoured nation. ARTICLE XII. Rupture of Friendly Relations. Position of Persons and Property. National Treatment. For the better security of commerce between the subjects of Her Britannic Majesty and the citizens of the Republic of Costa Rica, it is agreed that if at any time any interruption of friendly intercourse, or any rupture, should unfortunately take place between the two High Contracting Parties, the subjects or citizens of either of the two High Contracting Parties who may be within any of the territories, dominions, or settlements of the other, shall, if residing upon the coasts, be allowed six months, and if in the interior, a whole year, to wind up their accounts and dispose of their property; and a safe conduct shall be given them to embark at the port which they them- selves shall select ; and even in the event of a rupture all such subjects or citizens of either of the two High Contracting Parties who are established in any of the territories, dominions, and settlements of the other, in the exercise of any trade or special employment, shall have the privilege of remaining and of continuing such trade and employment therein, without any manner of interruption, in the full enjoyment of their liberty and property, as long as they behave peaceably, and commit no offence against the laws; and their goods and effects, of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, nor to any other charges or demands than those which may be made upon the like effects or property belonging to the native subjects or citizens of the country in which such subjects or citizens may reside. In the same case, debts between individuals, property in public funds, and shares of. companies, shall never be confiscated, sequestered, nor detained. ARTICLE XIII. Protection of Persons and Property. Liberty of Conscience. Freedom of Religious Worship. Burials. The subjects of Her Britannic Majesty, and the citizens of the Republic of Costa Rica, respectively, residing in any of the territories, dominions, or settlements of the other Party, shall enjoy, in their houses, persons and properties, the protection 246 COSTA HICA. [November 27, 1849. of the Government, and shall continue in possession of the guarantees Avhich they now enjoy. They shall not be disturbed, molested, or annoyed in any manner on account of their religious belief, nor in the proper exercise of their religion, either within their own private houses, or in the places of worship destined for that purpose, agreeably to the system of tolerance established in the territories, dominions, and settlements of the two High Contracting Parties : Provided they respect the religion of the nation in which they reside, as well as the constitution, laws, and customs of the country. Liberty shall also be granted to bury the subjects or citizens of either of the two High Contracting Parties who may die in the territories, dominions, or settlements aforesaid, in burial places , of their own, which in the same manner may be freely estab- lished and maintained ; nor shall the funerals or sepulchres of the dead be disturbed in any way or upon any account. ARTICLE XIV. Slave Trade. The Government of the Republic of Costa Rica, in order to co-operate with Her Britannic Majesty for the total abolition of the Slave Trade, engages to execute perfectly the laws of the said Republic, which prohibit in the most effectual manner all persons inhabiting within the territories of the Republic of Costa Rica, or in places subject to their jurisdiction, from taking any share in such trade. ARTICLE XV. 1 Reciprocal Right to Terminate Articles T 7 , VI, and VII of this Treaty. J In order that the two High Contracting Parties may have the opportunity of hereafter treating and agreeing upon such other arrangements as may tend still further to* the improve- ment of their mutual intercourse, and to the advancement of the interests of their respective subjects and citizens, it is agreed that at any time after the expiration of seven years from the date of the exchange of the ratifications of the present Treaty, either of the High Contracting Parties shall have the right of giving to the other Party notice of its intention to terminate Articles V, VI, and VII of the present Treaty ; and that at the expiration of twelve months after such notice shall have been received by either Party from the other, the said Articles, and all the stipulations contained therein, shall cease to be binding on the two High Contracting Parties. Nor. 27, 1849. Mar. 5, 1898.] COSTA RICA. 247. ARTICLE XVI. Ratifications. The present Treaty shall be ratified, and the ratifications shall be exchanged at London or at San Jose de Costa Rica, within the space of eight months, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at San Jose, this twenty-seventh day of November, in the year of our Lord one. thousand eight hundred and forty- nine. (L.S.) FREDK. CHATFIELD. . (L.S.) JQ. BERN D0 . CALVO. No. 46. CONVENTION BETWEEN GREAT BRITAIN AND COSTA RICA FOR THE RECIPROCAL PROTECTION OF TRADEMARKS, &c. Signed at Guatemala, March 5, 1898.*, [Ratifications exchanged at London^ September 29, 1900.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and his Excellency Senor Don Rafael Iglesias, President of the Republic of Costa Rica, desiring to conclude a Convention for the reciprocal protection of trade-marks and designs, have appointed as their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of' India, George Francis Birt Jenner, Esq., Her Britannic Majesty's Minister Resident iri Central America, &c., &c., and His Excellency Senor Don Rafael Iglesias, President of the Republic of Costa Rica, Honourable Seuor Don Ricardo Villa- franca y Bonilla, Consul-General of the Republic of Costa Rica at Guatemala : .* Signed also. in Spanish. . 248 COSTA RICA. [March 5, 1898. Who, having communicated to each other their full powers, found in good and due form, have agreed upon the following Articles : ARTICLE I. Protection of Trade-marks. National Treatment. The subjects or citizens of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as are now granted, or may hereafter be granted, to subjects or citizens in all that relates to trade-marks, indus- trial designs, and patterns. In order that such rights may be obtained, the formalities required by the laws of the respective countries must be fulfilled ARTICLE II. Application of Convention to British Colonies. The stipulations of the present Convention shall be ap- plicable to all the Colonies and foreign possessions of Her Britannic Majesty, excepting to those hereinafter named, that is say, except to India. The Dominion of Canada. Newfoundland. The Cape of Good Hope. Natal. New South Wales. Victoria. Queensland. Tasmania. South Australia. Western Australia. New Zealand. Provided always that the stipulations of the present Con- vention shall be made applicable to any of the above-named Colonies or foreign possessions on whose behalf notice to that effect shall have been given by Her Majesty's Representative to the President of the Republic of Costa Rica within one year from the date of the exchange of ratifications of the present Convention. ARTICLE III. Ratification. The present Convention shall be ratified, and the ratifica- tions shall be exchanged in London as soon as possible. March 5, 1898.] COSTA RICA. 249 It shall come into operation one month after the exchange of ratifications, and shall remain in force until the expiration of one year from the day on which either Party may give notice of its intention to terminate it. In witness whereof the undersigned Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done in duplicate at Guatemala, the 5th day of March, 1898. (L.S.) G. JENNER. (L.S.) RIG. VILLAFRANCA. LIST OF BRITISH COLONIES WHICH HAVE ACCEDED TO THIS CONVENTION : Natal. New South Wales. New Zealand. Queensland. {South Australia. Tasmania. Victoria. Western Australia. 250 CUBA. [October 17 (21), 1904. CUBA, No. 47. ACCESSION OF CUBA TO THE INDUSTRIAL PROPERTY CONVENTION, 1883, &c. October 17 (21), 1904. (No. 1.) M. Oarlin to the Marquess of JLansdowne. -^(.Received October 22.) Legation de Suisse a Londres, M. le Marquis, h 17 (21) Octbbre, 1904. PAR line note en date du 22 Septembre dernier, le Secretaire d'Etat de la Republique de Cuba a fait part a mon Gouverne- ment de 1'adhesion de ce pays a 1'Union pour la Protection de la Propriete Industrielle regie par la Convention du 20 Mars, 1883, le Protocole du 15 Avril, 1891, et 1'Acte Additionnel du 14 Decembre, 1900, en 1'informant que le Gouvernement Cubain se reservait d'adherer ulterieurement a 1' Arrangement relatif a I'enregistrement international des marques de fabrique on de commerce et a celui concernant la repression des fausses indica- tions de provenance. Aucune date speeiale n'ayant ete indiquee pour 1'entree en vigueur de la Convention en ce qui concerne les rapports entre Cuba et les autres fitats Unionistes, il y a lieu d'appliquer les dispositions de 1'Article XVI revise de la Convention, aux termes duquel cette derniere produit ses effets un mois apres que la notification de 1'adhesion a ete faite par le Gouvernement Suisse aux autres fitats Unionistes. II en resulte que la Convention entrera en vigueur en ce qui concerne Cuba le 17 Novembre pro chain. La classe dans laquelle la Republique de Cuba devra 6tre tapport de gesti Sur 1'ordre de mon Gouvernement, je m'einpresse de porter ce qui precede a la connaissance de votre Seigneurie, en la priant de bien vouloir consentir a me donner acte de cette communication. Veuillez, &c. (Signe) CARLIN. Oct. 17 (21), 1904. Dee, 1(9) ,1904.] CUBA. 25 J (No. 2.) The Marquess of Lansdowne to M. Carlin. Sir, Foreign Office, October 31, 1904. I HAVE the honour tq acknowledge the receipt of your note of the 17th (21st) instant, stating that, on the 22nd ultimo, tjie Government of Cuba notified to the Swiss Government the accession of Cuba to the Union for the Protection of Industrial Property, so far as regards the Convention ot the 20th March, 188 '6, the Protocol of the 15th April, 1891, and the Additional Act of the 14th December, 1900, while reserving to themselves the right of accession at a later date to the Arrangements respecting the international registration of trade-marks and the prevention of false indications of origin of goods. I note that no special date having been mentioned for the coming into force of the Convention so far as regards the relations between Cuba and the other States of the Union, the Convention will, in accordance with Article XVI of the revised Convention, take effect one month after the date of the notifica- tion made by the Swiss Grovemment to the other States of the Union, viz., on the 17th November next. I also note that the class in which Cuba will rank with respect to its contribution to the expenses of the International Bureau will be specified in the official organ of the Union, " La Propriete Industrielle," and in. its official Report. I have, &c. (Signed) LANSDOWNE. ' No. 48. ACCESSION OF CUBA TO ARRANGEMENTS RESPECTING FALSE INDICA- TIONS OF ORIGIN ON GOODS AND THE INTERNATIONAL REGIS- TRATION OF TRADE-MARKS (INDUSTRIAL PROPERTY UNION). , December 1 (9), 1904. (No. 1.) M. de Salis to the Marquess of Lansdowne. (Received December 1 0.) Legation de Suissc a Londres, M. le Marquis, le l er (9) Ddcembrc, 1904. SUR 1'ordre de mon Gouvernement, j'ai 1'honneur de faire savoir a votre Seigneurie que le Ministre d'fitat et de la Justice de la Republique Cubaine a notifie an Conseil Federal, en date (In 7 Novernbre dernier, I'accession de son Gouvernement aux Arrangements concernant 1. La repression des fausses indications de provenance; et 252 ^CUBA. [December 1(9), 1904. 2. L/enregistrement international des marques de fabrique et de commerce ; Arrangements sign.es a Madrid le 14 Avril, 1891, et dont le second a ete complete par un Acte Additionnel signe a Bruxelles .le 14 Decembre, 1900. Aucune date speciale ii'ayant ete indiquee pour I'entree en vigueur des deux Arrangements precites dans les rapports entre Culba et ceux des autres fitats qui ont adhere a ces Actes, il y a lieu d'appliquer par analogic les dispositions de 1' Article XVI de la Convention d'Union, aux termes duquel celle-ci produit ses effets un mois apres la notification faite par le Gouvernement Suisse a ceux des autres Etats Contractaiits. II en resulte que les deux Actes en question entreront en vigueur, en ce qui concerne Cuba, le l er Janvier prochain. II a e"te, en meme temps, porte a la connaissance du Conseil Federal que la Republique de Cuba doit etre rangee parmi les jfitats de la sixieme classe au point de vue de sa participation aux frais du Bureau International. En priant votre Seigneurie de vouloir bien prendre acte de ce qui precede, je saisis, &c. (Signe) F. DE SALIS. (No. 2.) The Marquess of Lansdowne to M. de Balis, Sir, Foreign Office, December 19, 1904. I HAVE the honour to acknowledge the receipt of your note of the 9th instant, notifying the accession of Cuba to the Arrangements respecting 1. The prevention of false indications of origin ; and 2. The international registration of trade-marks ; which were signed at Madrid the 14th April, 1891, and of which the second has been completed by the Additional Act signed at Brussels the 14th December, 1900. You state that, no special date having been indicated for the coming into force of these Arrangements so far as regards Cuba, the provisions of Article XVI of the Union Convention, accord- ing to which the latter takes effect one month after the notifica- tion made by the Swiss Government to the other Contracting States, must, by analogy, be made applicable, and that conse- quently the Arrangement will come into force with respect to Cuba on the 1st January next. I also note that Cuba will rank among the States of the sixth class with regard to its contribution to the expenses of the International Office. In thanking you for this communication, I have, &c. (Signed) LANSDOWNE. February 13, 1660-1.] DENMARK. 253 DENMARK. No. 49. TREATY OF PEACE AND COMMERCE BETWEEN GREAT BRITAIN AND DENMARK. Signed at Whitehall, February 13, 1660-1. (Extract.) (Translation.) ARTICLE I. Friendship. Peace. Alliance. IT is covenanted, accorded, and concluded, that there be a sincere, true, and perfect Friendship, Peace, and Alliance for ever, between both the Kings, their Heirs and Successors, Kingdoms, Provinces, and Principalities, Subjects and Vassals, of what condition, dignity, and degree soever, as well those who now are, as who hereafter shall be, both by land and sea, in rivers, fresh waters, and everywhere ; so as they neither do wrong one to the other, nor the one cause any damage or harm to the Kingdoms, Provinces, Subjects, and Vassals of the other, nor as much as in them lies suffer or consent that the like be done by other Persons ; but that they adhere each to other in sincere amity and love, and that the one promote to his uttermost the advantage and commodity of the other, and of each other's Subjects respectively as his own ; but that they hinder and prevent each other's losses and destruction, both by fact, counsel?, and all their power. ARTICLE II. Anything to the prejudice of either State to le made known ly one to the Other. But if either of the foresaid Kings, their Heirs and Succes- sors, shall come to know that anything is negotiated, desired, or treated, which may turn to the prejudice of the other, then 254 DENMARK-, [February 13, 1660-1. . he shall be bound, as soon as ever the same. is made known unto him, to discover it to the other, and, as much as in him lies, to hinder it. ARTICLE III. No Assistance to lie given by either State to the Enemies of the Other. The foresaid Kings do religiously promise for themselves, their Heirs and Successors respectively, that they will not at any time give any warlike aid or supplies to the Enemies of each other, nor suffer that their Subjects, of what state and condition soever they be, shall, either under the pretence of trade or any other borrowed colour whatsoever, by any means help the Enemies of the said Princes, or of either of them, nor furnish them with Soldiers, money, provisions, arms, engines, guns, ships and other things fit and necessary for waging War, nor cause the same to be furnished by others ; but if any the Subjects of the said Kings shall presume to offend herein, then every of the Kings whose Subjects shall have so offended, shall be bound to inflict most severe punishments upon them, as League-breakers and seditious Persons. ARTICLE V. Neither State shall harbour Enemies of the Other. It is also agreed, that neither of the foresaid Kings shall harbour, or suffer in his Kingdoms or Provinces, the Enemies or Rebels of the other, knowing them to be such. ARTICLE VI. Freedom of Commerce. It shall be free for the Subjects of both Kings to come with their merchandize, as well by land as by sea, into the King- doms, Provinces, Mart-towns, Ports, and Rivers of the other, and there to converse and trade, paying the usual Customs and Duties, saving always the Sovereignty and right of either King, in their Kingdoms, Provinces, Principalities, and Terri- tories, respectively. ARTICLE VII. Prohibition of British Subjects to enter Certain Ports. It is also covenanted, accorded, and concluded, that the Subjects of the Most Serene King of Great Britain, may in no February 13, 1660-1.] DENMARK. 255 wise come unto forbidden Ports, (whereof mention is made in former Treaties,) without the special licence of the King of Denmark and Norway, desired and obtained, unless evident danger of the Sea, or violence of storms, shall force them to approach or enter: where then it shall in no case be lawful for them to trade or merchandize. ARTICLE VIII. Wrecks and Salvage. It is also covenanted, accorded, and concluded, that in case any one suffer Shipwreck upon the Coasts of the other King, he may freely challenge, and lay claim to the Broken and wreckt Vessel, with the goods, (saving the right of any place whatsoever,) neither shall anything be a prejudice or hindrance to him therein ; but rather the Inhabitants of the place shall be obliged, if it be desired of them, to be aiding to him who hath suffered Shipwreck, upon reasonable consideration for their labour, to recover such things as can be saved of the Wreck. ARTICLE IX. Punishment of Subjects of One State for Injuries to Subjects of the Other. If the Subjects of either King be wronged, injured, or endamaged in the Territory of the other, then the King of that place where the wrong is offered, shall take care that speedy justice be done according to the rights and accustomed Laws of the Country, and that due punishment be inflicted upon those who have committed the offence or injury, with reparation to be made unto the suffering Parties, ARTICLE X. Private Injuries not to affect Treaty. No private injury shall in any sort weaken this Treaty, nor beget hatred or dissensions between the foresaid Nations ; but every one shall answer for his own proper fact, and shall be prosecuted thereupon ; neither shall one Man satisfy for the offence of another by reprisals, or other such like odious pro- ceedings, unless justice be denied, or unreasonably delayed, in which case it .shall be lawful for that King, whose Subject hath suffered the loss and injury, to take any course .according to 256 DENMARK. [February 13, 1660-1. the rules and method of the Law of Nations, until reparation be made to the sufferer. ARTICLE XL Amicable Settlement of Differences between Two States. The foresaid Kings have also covenanted, that if hereafter (which yet we hope will not be, and pray that God of his mercy would prevent) there should happen to arise any dissensions or differences between these Kings or Kingdoms, endeavours shall be used, that the same may be composed in an amicable way ; nor shall this present League be therefore any way abolished or made void, ARTICLE XII. Maintenance of Former Treaties, It is further agreed, that by no Agreements, Covenants, Articles, or Clauses contained in this present Treaty, former Treaties or Leagues heretofore made between the foresaid Confederates, or their Royal Predecessors, as well for the Realms of England, Scotland, and Ireland, as for the Hereditary Kingdoms of Denmark and Norway respectively, be no way deemed to be taken away or abrogated, but that they remain perpetually in their ancient force, stability and vigour, so far forth as they are not contrary or repugnant to the present Treaty, or to any of the Articles therein contained. ARTICLE XIII. Customs and other Duties, Fishing and Trading. Residence. Most-favoured-nation Treatment. Sweden excepted. It is also covenanted and concluded that the People and Subjects of the King of England, Scotland, France and Ireland, sailing unto any the Hereditary Kingdoms, Principalities, or Dominions of the King of Denmark and Norway, or exercising merchandize therein, shall pay neither more nor greater Customs, Tributes, Tolls, and other Duties, nor in other manner than as the People of the United Provinces of The Netherlands, and other Strangers (the Swedes only excepted) trading thither, and paying less Customs, do or shall pay ; and that as well in going, returning, and staying, as also in fishing and trading, they shall enjoy the same liberties, immunities, and privileges which the People of any Foreign Nation whatsoever, February 13 3 1G60-1.J DENMARK. 25 / abiding or trading in the said Kingdoms and Dominions of the. King of Denmark and Norway do or shall enjoy. On the other side, the People and Subjects of the King of Denmark and Norway shall use and enjoy the same privileges in the Countries and Dominions of the King of England ; to wit, that the People and Subjects of the King of Denmark and Norway sailing unto any the Kingdoms, Principalities, or Dominions of the King of England, or exercising merchandize therein, shall pay neither more nor greater Customs, Tributes. Tolls, and other Duties, nor in any other manner than as the People of the United Provinces of The Netherlands, or other Strangers trading thither, and paying less Customs, do or shall pay, and that as well in going, returning, and staying, as also in fishing and trading, they shall enjoy the same liberties, immunities, and privileges which the People of any Foreign Nation whatsoever, abiding or trading in the said Kingdoms and Dominions of the King of England, do or shall enjoy. But so that the Sovereign Power of both Kings, in their Kingdoms, Principalities, Dominions, and Ports respectively, to appoint and change Customs and any other matters according to the occasion, be preserved, and remain inviolate : Provided the said equality be strictly observed on either part in manner aforesaid. ARTICLE XIV. Vessels in Distress. It is also agreed, that in case the Subjects and inhabitants of either of the Confederates, with their Shipping (either by reason of Pirates chasing them, or by stress of weather, or by any other inconvenience) be forced to repair into the Rivers, Creeks, Bays, or Ports, of the other Confederate, there to seek harbour, they shall be kindly and courteously used by the Magistrate and Inhabitants of such place ; and it shall be lawful for them to provide themselves, at a reasonable price, with those t things which shall be necessary for the repairing of their Ships, and freely to depart again without any hindrance or search, and paying no Tolls and Customs: Provided they do not carry out of their Ship or Ships, any goods or packs, nor expose them to sale, nor have or receive 011 board Persons guilty or suspected of any crime, or prohibited goods, nor finally do anything repugnant to the Laws, Statutes, or customs of that Place and Port where they shall arrive. ARTICLE XV. Wrecks and Salvage. If it shall happen that the Ships of either of the Confederates, and of their Subjects and Inhabitants (whether they be Ships [536] S 258 DENMARK. [February 13, 1660-1. of War or of burthen) do run aground, or split upon rocks, or by any accident whatsoever suffer Shipwreck (which God forbid) upon or about the Coasts of the other, the aforesaid Ships, with all their tackle, goods, and merchandize, or what- soever remains of them, shall be restored to their Owners and Proprietors, provided they, or their Commissioners or Deputies, challenge and claim the Ships or goods within the space of une year after the Wreck hath happened, (saving always the rights and customs ot every Nation whatsoever:) also the Subjects and Inhabitants dwelling upon such Shores and Coasts shall be obliged to succour them in their danger, and help them as much as they are able, and shall use all diligence, either to deliver the Ship, or save the goods, merchandize, tackle, and other things that may be preserved, which are to be conveyed into some safe place, that they may be restored to the Owners ; yet paying to those Persons, by whose pains and care the goods shall be recovered and kept, the expences and recompences which they shall deserve. ARTICLE XVI. Administration of Justice. Each Party shall, in all causes and controversies now depending, or hereafter to commence, cause justice and right to be speedily administered to the Subjects and People of the other Party, according to the Laws and Statutes of each Country, without tedious and unnecessary delays and charges. ARTICLE XVII. Exemption of British Vessels from Tolls, &c., on River Elbe, It is also covenanted and agreed, that all Ships belonging to English Subjects and Inhabitants, together with their ladings and merchandize, sailing by the Fort of Gluckstadt, or other Towns and places under the King of Denmark's Dominions, situate upon the River of Elbe, shall, both in going and coming back, be free and exempt from all Custom, Toll, search, stop, and molestation, except only the case of search in time of War, when the King of Denmark shall be in hostility with any other Prince or State. ARTICLE XVIII. Timber Trade. It is also agreed, that firs, masts, and other sorts of timber, after once they are laden upon the Ships of the English February 13, 1660-1.] DENMARK. 259 Subjects or Inhabitants, shall be no further subject to be visited, but all visits and searches shall be made before, and if then either oak or other prohibited timber be found, they shall forthwith be stopped upon the place before they be brought on board; neither shall the persons or goods of the People of the King of England, or of his Subjects, be for that cause any way molested, either by arrest, or any other kind of detention; but the Subjects only of the King of Denmark who shall have presumed to sell or alienate such like prohibited timber, shall be punished for the offence after the accustomed manner; and the People and Subjects of the King of England shall have, possess, and enjoy all and singular the things contained and granted in this Article, without any molestation and interruption, so long and during all the time that the Subjects or any of the People of the United Provinces of The Netherlands have, possess, and enjoy, or ought, or might have, possess, or enjoy the same, or the like, by any Treaty, Covenant, Agreement, or permission whatsoever made or to be made. ARTICLE XIX. Suppression of Piracy. For the greater security of trade and freedom of navigation, it is covenanted and agreed that neither Party shall, (as much as is possible, and as far as they are able,) suffer open Pirates, or other Robbers of that kind, to make their retreats in the Ports of either's Kingdom or Country, or shall permit any of the Inhabitants or People of either to harbour or relieve them, or any way assist them, but on the contrary shall use means that the foresaid Pirates and Robbers, and their Partners and Abettors, may be apprehended, and suffer condign punishment, and that the Ships and goods (so much of them as can be found) may be restored to their lawful Owners or their Attornies, so as their right be made to appear by due and legal proof in the Court of Admiralty for Maritime Causes. . ARTICLE XX. Freedom, of Access to, Ports, t&c., by Merchant- Vessels and Vessels of War. It is covenanted and agreed that the Subjects and People of either Party shall always have free access to the Ports and Coasts of the other Confederate ; and it shall be lawful for them to abide there, and thence to depart again, and also to pass through the Seas and Territories whatsoever of. either [536] S 2 " 260 J3ENMAKK. [February 13, 1660-1. King respectively, (doing no damage or prejudice,) not only with Merchant Ships, but also with Men-of-War, whether they be Public or belong to those who shall have obtained Private Commissions, and whether they come through violence of the weather or to avoid the danger of the sea, or to repair their Ships, or buy provisions, so as they exceed not the number of six Men-of-War, if they come in of their own accord, nor stay longer in or about the Ports than will be requisite to repair their ships, and furnish themselves with victuals or other necessaries : and if upon occasion they would approach such Ports with a greater number of Men-of-War, they shall by no means be permitted to enter, unless timely notice of their coming be first given by Letter, and leave obtained of those to whom the foresaid Ports belong ; but if they be driven by violence of storm, or other urgent necessity, to seek shelter, in such case, without any notice given beforehand, the Ships shall not be restrained to a certain number, but with this condition, that their Commander shall, immediately upon their arrival, acquaint the Chief Magistrate or the Governor of that Place, Port, or Coast where they arrive, with the cause of their coming, neither shall he stay longer there than the Chief Magistrate or Governor will permit/and shall neither do nor attempt any hostile act in the Ports whereinto he shall repair, nor anything prejudicial to that Ally unto whom the Ports belong. ARTICLE XXI. .. Vessels, (&c., only to be adjudged Prizes Inj Admiralty Courts. It is also covenanted that no Ships, or shipping, goods, or merchandize, laden in any Ships, of what nature, kind, or quality soever, howsoever taken, belonging to the Subjects of either King, shall under any colour or pretence whatsoever be adjudged Prize, unless by a judicial examination and proceeding in form of Law in the Court of Admiralty, legally ordained in that behalf for such like maritime Prizes'. ARTICLE XXII. Sound Dues. It is also covenanted and agreed, that all Ships and Merchants of England, in their passage through the Sound, appertaining to the King of Denmark and Norway, shall enjoy the benefit and privilege of deferring the payment of Customs until their return, in the same manner as they enjoyed the 5 years last past; but so that the said Ships and Merchants February 13, 1660-1.] DENMARK. 261 carry with them Certificates under the Seal of the Officers of His said Majesty of England thereunto appointed, witnessing that those Ships belong to the Subjects of the King of England; and also that, before their passage, they give good and sufficient security to make the said payment in due place unto the Receivers of the King of Denmark's Customs at their return, or if they return not within three months at the furthest, in case they do not pay the same in their said first passage. ARTICLE XXIII. Dispatch and Discharge of British Vessels at Ehinore. Most-favoured-nation Treatment. It is also concluded that the Ships and Subjects of the King of England shall receive their dispatch and discharge at Elsinore, as soon as they arrive, without any delay, no Ships of any Nation whatsoever to have a preference in that behalf before them, except the Inhabitants of certain places who have obtained such a privilege of old in this case, and enjoy the same to this day. ARTICLE XXIV; General Most-favoured-nation Treatment. It is also agreed, that if the Dutch or any other Nation whatsoever, (the Swedish only excepted,) hath already obtained, or hereafter shall obtain, of the King of Denmark and Norway, any better agreements, covenants, exemptions, and privileges than those contained in this Treaty, the same and such like shall be communicated and effectually granted, freely and with all fulness, to the King of England and to his Subjects ; and on the other side, if the Dutch, or any other Nation whatsoever, hath obtained, or shall hereafter obtain, of the King of England, any better agreements, covenants, exemptions, or privileges than those contained in this Treaty, the same and such like shall be communicated and effectually granted, freely and with all fulness, to the King of Denmark and Norway, and to hia Subjects. ARTICLE XXV. Olserva.nce of Provisions of this Treaty. Ratifications. Lastly, it is covenanted, agreed, and concluded, that the aforesaid Most Serene Princes and Kings shall sincerely and faithfully observe all and singular the Articles contained and established in this present Treaty, and cause the same to be 262 DENMARK. [Feb. 13, 1660-1. Julyl2,1670. observed by their Subjects and Inhabitants ; neither shall they break them directly or indirectly, nor suffer them to be broken directly or indirectly, by their Subjects or Inhabitants; and shall ratify and confirm all and singular the things covenanted as aforesaid by Letters Patent, subscribed with their own Hands, and sealed with their Great Seals, drawn up and engrossed in sufficient, valid, and effectual form, and shall interchangeably deliver the same, or cause them to be delivered within three months after the date of these Presents, faithfully, really, and effectually. Done at Whitehall, the 13th day of February, 1660-1. No. 50. TREATY OF PEACE AND COMMERCE BETWEEN GREAT BRITAIN AND DENMARK. Signed at Copenhagen, July 12, 1670. (Extract.) (Translation.) ARTICLE I. Peace, Friendship, &c. THAT there be between the two Kings, their Heirs and Successors, as also their Kingdoms, Principalities, Provinces, Estates, Counties. Islands, Cities, Subjects, and Vassals, of what condition, dignity, and degree soever, by land and sea, in rivers, fresh waters, and all places whatsoever, as well in Europe as out of Europe, now and for the time to come, a sincere, true and perfect Friendship, Peace and Confederation ; so as that neither Party do any wrong, injury, or prejudice to the Kingdoms, Principalities, Provinces, and Estates, or to the Inhabitants and Subjects of the other ; nor suffer any to be done by others, as much as in him is ; but rather live as Friends together, using each other with good- will and respect, and promoting upon all occasions the interests and advantages of each other, and their Subjects as if they were their own ; and preventing and hindering with all their power, by their assistance and advice, any damage, wrong, and injury, that may be offered them. July 12, 1670.] DENMARK. 263 ARTICLE III. Neither State to assist Enemies of the other. The foresaid Kings for themselves, their Heirs and Suc- cessors, mutually do undertake and promise, that they will 1 not aid or furnish the Enemies of either Party,' that shall be- Aggressors, with any provisions of War, as Soldiers, arms, engines, guns, ships, or other necessaries for the use of War, or suffer any to be furnished by their Subjects; but if the Subjects of either Prince shall presume to act contrary here- unto, then that King, whose Subjects shall have so done, shall', be obliged to proceed against them with the highest severity, ; as against Seditious Persons, and Breakers of the League. ARTICLE V, Freedom of Commerce. It shall be lawful for the Subjects of both Kings, with their commodities and merchandize, both by sea and land, in time of Peace, without licence or safe conduct, general or special, to come to the Kingdoms, Provinces, Mart-Towns, Ports and Rivers of each other, and in any place. therein to remain and trade, paying usual Customs and Duties; reserving nevertheless to either Prince his superiority and regal jurisdiction in his Kingdoms, Provinces, Principalities, and Territories, respec- tively. ARTICLE VI. Not to enter Prohibited Ports or Colonies unless compelled by Stress of Weather^ or by Pursuit of Pirates. It is, notwithstanding, covenanted and concluded, that the Subjects of the King of Great Britain shall in no wise come to the Prohibited Ports, of which mention is made in precedent Treaties, nor Colonies, without the special licence of the King of Denmark first desired and obtained ; unless they shall be compelled to make thither, and enter therein, by stress of weather, or pursuit of Pirates, in which case neither shall it be lawful for them to buy or sell. As also in like manner the Subjects of the King of Denmark shall not come to the British Colonies, unless by special licence of the King of Great Britain first desired and obtained. ARTICLE VII. Imports.- Most- favoured-nation Treat-men t. It shall be lawful for the Subjects of the Most Serene King of Denmark to bring into their own stores and warehouses in 264 DENMARK. [July 12, 1670. England, Scotland, and Ireland, and other the Ports of tho King of Great Britain, in Europe, such commodities as now, or hereafter, shall be of 1he growth and production of the Estates, Countries, and Dominions, subject to the King of Denmark, or of the manufacture thereof, and likewise such as come from any part of the River of Elbe. In like manner shall it be lawful for the Subjects of the King of Great Britain to import and bring into Denmark, Norway, and all other Ports and Colonies, not prohibited, of the King of Denmark, all kinds of merchandize which now or hereafter shall be produced or made in the Kingdoms, Countries, a,nd Estates under the subjection of the King of Great Britain. But if, at any time hereafter, it be permitted to any Foreign Nations to bring all kinds of commodities without exception, into England, Scotland, and Ireland, and other the Ports belonging to the King of Great Britain, then the same also shall be lawful for the Subjects of the King of Denmark : which in like manner shall be permitted to the Subjects of the King of Great Britain, upon the like occasion, in the prohibited Ports Colonies of the King of Denmark, ARTICLE VIII. Customs Duties, Tolls, Privileges , and Immunities. Most" favoured-nation Treatm en t. It is also covenanted and agreed, that the People and Subjects of the King of Great Britain sailing to any the hereditary Kingdoms, Countries, or Dominions of the King of Denmark, or trading in the same, shall pay no more or greater Customs, Tribute, Toll, or other duties, nor in any other mauner than the People of the United Provinces of the Low Countries, and other Strangers (the Swede only excepted) trading thither, and paying lesser Customs, do or shall pay ; and in going, returning, and staying, as also in fishing and trading, and all other things, shall enjoy the same liberties, immunities, and privileges, which the People of any Foreign Country, in the said Kingdoms and Dominions of the King of Denmark, abiding and trading, do or shall enjoy ; and so on the other side, the People and Subjects of the King of Denmark shall have and enjoy the same privileges, in the Countries and Territories of the King of Great Britain; to wit, that the People and Subjects of the King of Denmark, sailing to any the Kingdoms, Countries, or Dominions of the King of Great Britain, or trading in the same, shall not pay any more or greater Customs, Tributes, Toll, or other Duties, nor in any other manner than the People of The United Netherlands, or other Strangers trading thither, and paying lesser Customs, do or shall pay : and in going, returning, and staying, as also July 12, 1670.] DENMARK. 265 in fishing and trading, and all other things, shall enjoy the same liberties, immunities, and privileges, which the People of any other Foreign Country in the said Kingdoms and Dominions of the King of Great Britain, abiding and trading, do or shall enjoy : but so, as that the power of each King, of making or altering Customs, or other Duties, as they shall see occasion, in their respective Kingdoms, Countries, Dominions, and Ports, remain full and entire : Provided the foresaid equality be etrictlv observed on both sides in manner aforesaid. ARTICLE IX. Warehousing. It is also covenanted, that when the Subjects of either King have imported their commodities into the Dominions of the other, have paid the usual Customs for them, and undergone their search, it shall be free and lawful for them to bring their said commodities into their own proper store-houses and cellars, or into places which they shall think most fit and convenient, and there store them ; nor shall any Magistrate or Officer of any the Cities or Ports of either, impose upon them any cellars or stove-houses without their consent. ARTICLE X. Freedom of Navigation. The Subjects of either Crown trading upon the Seas, and sailing by the Coasts of either Kingdom, shall not be obliged to come into any Port, if their course were not directed thither ; but shall have liberty to pursue their voyage without hindrance or detention whithersoever they please. Nor shall they, being by tempest forced into Port, and there remaining, be obliged to unlade their cargo, or to barter or sell any part thereof; but it shall be lawful for them to dispose of it as they shall think fit, and to do any other thing which they shall judge most for their advantage : Provided nothing be done that may be to the defrauding of either Prince of his due Rights and Customs. ARTICLE XL Timber Trade. It is also agreed, that alter any planks, masts, and other sorts of timber, have once been put on board the Ships of the 266 DENMARK. [July 12, 1670. Subjects or People of the King of Great Britain, they shall not be liable to any further search ; but all search or scrutiny shall be made before ; and if then, either oaken or other prohibited timber be found, it shall be presently stopped and detained, upon the place before it be put on board the Ships ; nor shall the People of the said King of Great Britain, or his Subjects, be therefore molested in their Persons or Estates by arrest or other detention whatsoever; but only the Subjects of the King of Denmark, who shall have presumed to sell or alienate any, the like prohibited timber, shall be punished in due manner. And the People and Subjects of the King of Great Britain shall have, possess, and enjoy, ail and singular the contents and concessions of this Article, without any molestation or inter- ruption, so long, and for all such time as the Subjects or any of the People of The United Netherlands, shall hold, possess, arid enjoy, or might, or ought to hold, possess, and enjoy, the same or like privileges by any Treaty already made, or to be made, or by any Contract, agreement, or permission. ARTICLE XII. Sound Dues. It is also concluded and agreed, that all Ships belonging to the Subjects of the King of Great Britain, and Merchants, in their passage through the Sound, under the Most Serene King of Denmark and Norway, &c., shall enjoy, after the same manner, the benefit and privilege of deferring the payment of their Customs until their return, as they held and enjoyed in former years last, preceding the late War; but so nevertheless, that the said Ships and Merchants bring with them Certificates under the Seal of the Officers of the said King of Great Britain deputed thereunto, testifying the said ships to belong to Subjects of the King of Great Britian ; and likewise that before their passage they give sufficient and good security for paying the same, in place convenient to the Collectors of the Customs of the said King of Denmark, at their return, or if they shall not return, within three months' time at the farthest, if they do not pay the same at their said first passage. ] ARTICLE XIII. Duties at Elsinore. Most- favoured-nation Treatment. And furthermore it is agreed, that whatsoever merchandize the Subjects of the King of Great Britain shall land at Elsinore, and there lay in their store-houses, to no other end than to put on board again entire, and transport them to other parts, they July 12, 1670.] DENMARK. 267 shall be obliged to pay only the same Duties for such merchan- dize, and no more, than is wont to be paid in this case by the Dutch Nation, or any other Strangers : which shall be recipro- cally observed to the Subjects of the King of Denmark, after the same manner, in England. ARTICLE XIV. Despatch of Vessels at Elsinore. Most-favoured-nation Treatment. Also it is agreed, that the Ships and Subjects of the King ot Great Britain shall have their despatch at Elsinore as soon as they arrive there, without delay ; no Ships, of what Nation soever, having preference before them in this behalf: except the Inhabitants of certain places, who have anciently held a privilege to that purpose, and still do. ARTICLE XV. Disposal of Property. Intestate Estates. If any subject of either Prince shall happen to die in the Dominions or Territories of the other, it shall be lawful for him to dispose of his Estate, both money and goods, in any manner whatsoever: and if any one die within the Kingdoms or Provinces of the other Prince, without making any such dis- positions, then the goods by him left, movable or immovable, of whatever nature or condition the same shall be, shall be faithfully preserved for the use of the right Heir, and for satisfaction of such debts as the Party deceased was justly bound to pay; and to that end, so soon as any Subject of either Prince shall die in the other Prince's Dominions, the Consul or Public Minister, then residing there, shall have right to possess the said monies and goods, arid shall make inventories of the same before some Magistrate of the place ; which goods shall afterwards remain in his hands, to be answered to the Heirs and Creditors as aforesaid; but if no such Consul or Public Minister shall be there, then it shall be lawful for two Merchants of the same Country with the Party deceased, to possess the goods left by him, to preserve them, arid in like manner to answer them to the Heirs and Creditors; which, notwithstanding, is to be so understood, that no Papers or Books of Accounts are by this Article to be exposed to the inspection of the said Magistrate, but only the real goods and rner> chandize of the Deceased; and that the said Magistrate within the space of 48 hours after notice given, and request made, 268 DENMARK. [July 12, 1670.: shall be obliged to be present, otherwise the said inventories be made without him. ARTICLE XVI. Trade of either Nation with Enemies of the other. It shall be lawful for either of the Confederates and their Subjects or People, to trade with the Enemies of the other, and to carry to them, or furnish them with any merchandizes (prohibited only, which they call Contraband, excepted) without any impediment, unless in Ports and places besieged by the other; which, nevertheless, if they shall so do, it shall bo free for them either to sell their Goods to the Besiegers, or betake themselves to any other Port or place not besieged. ARTICLE XVII. Freedom of Residence. It is also agreed that it shall be free and laAvful for the Subjects of either Prince, trading in the Dominions or Ports of the other, there to remain and reside for the buying and selling commodities, without any restriction of time, or limitation to be imposed upon them by any Officers or Magistrates of the said Dominions or Ports, they paying the accustomed Duties for all goods and merchandize by them imported or exported ; and further provided that they trade with none but such as are Citizens, or Burgers of some City or Town within the Kingdoms of Denmark or Norway, and that only by wholesale, and not by parcels or retail. ARTICLE XVIII. Custo ms Duties. T(u iff. Furthermore, for the better encouragement of trade and commerce, and for the utter avoiding of all frauds and disputes that may arise between the Officers of Ports and Merchants, it is agreed and concluded, that all and singular Duties shall be demanded and paid according to the printed Tariffe, (or Book of Rates,) wherein shall be comprised all Customs and Duties to be paid, as well for goods in the respective Ports, as for passage through the Sound : and to the end that this may be the more strictly observed, both Kings shall not only enjoin his Officers and Collectors of his Customs under the highest July 12, 1070.] DENMARK. 269 penalty, not to do any thing that, may frustrate or elude this agreement; but also that they do not, by molestation or exaction, cause any trouble, or offer any injury to the Subjects of either King. ARTICLE XIX. He-measurement of British Vessels. Moreover, it is concluded and agreed, that the King of Denmark shall constitute the overseers of his Customs or others, Commissioners for remeasuring all Ships belonging to the Subjects of the King of Great Britain trading in Norway, according to their burden and content, so as that what has been hitherto not rightly observed, either in excess or defect, may be hereafter reduced into better order. ARTICLE XX. Passports and Certificates. But lest such freedom of navigation, or passage of the one Ally and his Subjects and People, during the War that the other may have, by sea or land, with any other Country, may be to the prejudice of the other Ally, and that goods and merchandize belonging to the Enemy may be fraudulently concealed under colour of being in amity ; for the preventing of fraud, and clearing all suspicion, it is thought fit that the Ships, Goods, and men, belonging to the other Confederate, in their passage and voyages, be accompanied with Letters of Passport and Certificate ; the forms whereof to be as follows : CHARLES the Second, by the grace of God, King of Great Britain, &c. CHRISTIAN the Fifth, by the grace of God, King of Denmark and Norway, &c. BE it known unto all and singular to whom these our Letters of Safe Conduct shall be shown, that our Subject and Citizen of our City of hath humbly represented unto us, that the Ship called of the burthen of tons, doth belong unto them and others .our Subjects, and that they are sole Owners and Proprietors thereof, and is now laden with the goods which are contained in a Schedule which she hath with her from the Officers of our Customs, and do solely, truly, and really belong to our Subjects or others in neutrality, bound immediately from the Port of to such other place or places, where she may con- veniently trade with the said goods, being not prohibited, noi* 270 DENMARK. [July 12, 1670. belonging to either of the Parties in hostility, or else find a freight; which the foresaid our Subject, having attested by writing under his hand, and affirmed to be true by oath, under penalty of confiscation of the said goods, we have thought fit to grant him these our Letters of Safe Conduct : and therefore we do hereby respectively pray and desire all Governors of Countries and Seas, Kings, Princes, Common- wealths, and Free Cities, and more especially the Parties now in War, and their Commanders, Admirals, Generals, Officers, .Governors of Ports, Commanders. of Ships, Captains,, Freighters, and all others whatsoever having any jurisdiction by sea, or the custody of any Port whom the Ship aforesaid shall chance to meet, or among whose Fleet or Ships it shall happen to fall or make stay in their Ports, that by virtue of the league and amity which we have with any King or State, they suffer the said Master with the Ship persons, things, and all merchandize on board her, not only freely and without any molestation, detention, or impediment, to any place whatsoever to pursue his voyage, but also to afford him all offices of civility, as to our Subject, if there shall be occasion ; which upon the like or other occasion we and ours shall be ready to return. Given the day of in the year WE, the President, Consuls, and Senators of the City of do attest and certify, that on the day of in the year personally before us came and appeared Citizen and Inhabitant of the City or Town of and under the oath wherein he stands bound to our Sovereign Lord the King, did declare unto us, that the Ship or Vessel called of the burthen of tons doth belong to the Port, City, or Town of in the Province of ; And that the said Ship doth justly belong only to him and others, Subjects of our said Sovereign Lord, and now bound directly from the Port of " laden with the goods mentioned in a Schedule received from the Officers of the Customs, and that he hath affirmed under the oath aforesaid, that the forementioned Vessel with her goods and merchandize doth only belong to Subjects of His Majesty, and doth carry no goods prohibited, which belong to either of the Parties now in War. In testimony whereof, we have caused this Certificate to be subscribed by the Syndic of our City, and sealed with our Seal. Given, &c. WHEN therefore the merchandize, goods, Ships, or Men of either of the Confederates and their Subjects and People, shall July 12, 1670.] DENMARK. 271 meet in open Sea, Straits, Ports, Havens, Lands and places whatsoever ; the Ships of War, whether public or private, or the Men, Subjects, and People of the other Confederate, npon exhibiting only the foresaid Letters of Safe Conduct and Certifi- cate, there shall be nothing more required of them, nor shall search be made after the goods, Ships, or Men, nor shall they be any other ways whatsoever molested or troubled, but suffered with all freedom to pursue their intended voyage ; but if this solemn and set form of Passport and Certificate be not exhibited, or that there be any other just and urgent cause of suspicion, then shall the Ship be searched, which is nevertheless in this case only understood to be permitted, and not otherwise. If by either Party any thing shall be committed contrary to the true meaning of this Article, against either of the Confederates, each of the said Confederates shall cause his Subjects and People offending to be severely punished, and full and entire satisfaction to be forthwith given, and without delay, to the Party injured and his Subjects and People for their whole loss and expenses. ARTICLE XXI. ^ freedom of Navigation of Elbe. It is also concluded and agreed, that all Ships of Subjects and People of the King of Great Britain, together with their lading and merchandize, passing by the Port of Gluckstadt, or other Places and Towns under the Dominion of the King of Denmark, situate upon the Elbe Stream, both going and return- ing, shall be free and exempt from all custom, impost, search, seizure, and molestation, except only the case of search in the time of War, when the King of Denmark hath War with any other King or State. ARTICLE XXII. Administration of Justice. If the Subjects of either Prince be hurt or injured in the Territories of the other; then the King of that place where the injury is done, shall take care that speedy justice be administered according to the Laws and Customs of the Country; and that the Persons guilty be duly punished, with satisfaction to be made to the Party wronged. ARTICLE XXIII. Vessels, &c., only to be adjudged Prises by Admiralty Courts. It is also agreed, that no Ships whatsoever, Vessels, or merchandize laden on Ships of whatsoever nature, kind, or 272 DENMARK/ [July 12, 1(170- quality, howsoever taken, belonging to any the Subjects of either of the aforesaid Kings, under any colour or pretence whatsoever, be adjudged Prize, unless by a judicial examination and process in form of Law, in a Court of Admiralty for Prizes taken at Sea, in that behalf lawfully constituted. ARTICLE XXIV. Administration of Justice. Both Parties shall cause justice and equity to be adminis- tered to the Subjects and People of each other, according to the Laws and Statutes of either Country, speedily, and without long and unnecessary formalities of Law and expenses, in all causes and controversies, as well now depending, as which may here- after arise. ARTICLE XXV. Wrecks and Salvage. If the Ships of either of the Confederates, and their Sub- jects and People, whether they be Merchant-men, or Men-of- war, shall happen to run on ground, or fall upon rocks, or be forced to lighten themselves, or shall otherwise suffer shipwreck (which God forbid) upon the Coasts of either King, the foresaid Ships with their tackle, goods, and merchandize, or whatsoever shall be remaining of them, shall be restored to their Owners and Proprietors ; provided they or their Agents and Proctors do claim the said Ships and goods within the space of a year and a day after such shipwreck suffered, saving always the Rights and Customs of both Nations. The Subjects also and Inhabitants dwelling upon the said Coasts and Snores, shall be obliged to come in to their help, in case of danger, and as much as in them lies to give their assistance ; and shall do their utmost endeavour either for the freeing of the Ship, or saving the goods, merchandize and apparel of the said Ship, and what else of the same they shall be able, and for the conveying the same into some safe place in order to be restored to the Owners ; they paying salvage, and giving such recompense to the Persons by whose assistance and diligence the said merchandize and goods shall have been recovered and pre- served, as they shall deserve. And finally both Parties, in case of such misfortune, shall see observed on their side, what they would desire to have observed and done on the other side. July 12, 1670.] DENMARK. 273 ARTICLE XXVI. Non-detention of Vessels, or their Officers, Crews, or Cargoes. The Commanders of Ships, or Governors, Soldiers, Mariners and Company belonging to the same, as also the Ships them- selves, and the goods and merchandize on board them, shall not be detained by any Arrest or Seizure upon any warrant either general or special, or for any cause, unless for the defence and preservation of the Kingdom ; which yet shall not be understood to be meant of Arrests laid by authority of Law, for debt contracted upon any other lawful occasion whatsoever, in which case it shall be lawful to proceed according to the rules of justice and Law. ARTICLE XXVII. Merchants, cc., may carry Weapons of Offence and Defence in Ports, &c. It shall be free for the Merchants of both Kingdoms, their Factors and Servants, and also the Masters and Mariners of Ships upon the Sea, and in other waters, as likewise in the Ports, and upon the coasts and lands of either Confederate, going, returning and walking, for the defence of their persons and goods, to carry any kind of portable arms, as well offensive as defensive, so that they give no just cause of suspicion to the Commanders and Magistrates of any place, of any plots or contrivances against the public or private Peace. ARTICLE XX VIII. Vessels of War of one Country to guard and defend Merchant* Vessels of the other, The Convoys of Ships of War, of either Party, meeting in their voyage, or overtaking any Merchant Ships, or others belonging to the other Confederate or his Subjects, and making the same course at sea, in Europe or out of Europe, shall be obliged to guard and defend them as long as they shall hold the same course together. ARTICLE XXIX. Suppression of Piracy. For the greater security of commerce and freedom of navigation, it is concluded and agreed, that neither Party , [536] T 274 DENMARK. [July 12, 1670. as much as may be, and shall lie in their powers, shall permit that public Pirates, or other Robbers upon the sea, in any the Ports of the other Kingdom or Country, have their receptacles or retreats, or shall suffer that any of the Inhabitants, or People of either Prince, do receive them into their houses, or supply them with provisions, or be otherwise assisting to them ; but, on the contrary, shall endeavour that the said Pirates or Robbers, and their Partisans and Accomplices, be apprehended and punished according to their demerit, and the Ships and goods, as much as can be found of them, restored to the lawful Owners or their Agents, provided their right be made appear by due proof of Law in the Court of Admiralty. ARTICLE XXX. Free Access to Ports, &c., for War and Merchant Vessels. Restriction as to number of War Vessels. It is concluded and agreed, that there shall be at all times free access for the Subjects and People of either Party, to the Ports and Coasts of both Princes, and it shall be lawful for them to remain therein, and from thence again to depart, and also to pass through the Seas and Territories whatsoever of either King respectively (not committing any waste or injury) not only with Merchant Ships and Ships of burthen, but also with Ships of War, whether the same be upon the public account, or acting by private commissions ; whether they enter by reason of tempest, and for avoiding the danger of the sea, or to refit or buy provisions : so that they exceed not the number of six Ships of War, if they enter of their own accord, nor shall they remain longer in or about the Ports, than shall be necessary for the refitting of their Ships, buying provisions or other necessaries: and if they should upon occasion desire to come into the said Ports with a greater ] mmber of Ships of War, it shall in no wise be lawful for them to enter thereinto, without first giving timely notice by letter of their coming, and obtaining leave of those to v whom the foresaid Ports belong. But if by force of tempest, or other urgent necessity, they shall be compelled to put into harbour, in such case, without any precedent notice, the Ships shall not be restrained to a certain number; but with this condition, nevertheless, that their Admiral or Commander - in - Chief presently after his arrival shall make acquainted with the Chief Magistrate or Commander of the place, haven, or coast,, whither they are come, with the cause of his coming; nor shall he stay longer there than shall be permitted him by the Chief Magistrate or Commander, and shall not act or attempt any hostility in the Ports whereinto he hath betaken July 12, 1670.] DENM A RK. 275 himself, or anything prejudicial to him of the two Confederates to whom they shall -belong. ARTICLE XXXI. Subjects of either Country not to enter Service of Enemy of the other. " . . __ _; It shall not be lawful for the Subjects of either King, or the Inhabitants of the Kingdoms or lands under their obedience, to procure of any Prince or State, who is at difference, or in open War with either of the Confederates, Letters Patent called Commissions or Reprisals, much less by virtue of such Letters to molest or damnify the Subjects of either. Both the said Kings shall strictly prohibit their Subjects respectively, that they do not procure or accept from other Princes or States any such Commissions; but shall, as much as in. them lies, forbid and hinder the committing of any depredations by virtue of such Commissions. ARTICLE XXXII. Restoration of Vessels of one Nation taken by a Third Parti/ in Ports of the other. If any Ship or Ships belonging to the Subjects of either King be taken in the Ports of either by a third Party, they, in whose Port, or within whose jurisdiction whatsoever the fore- said Ships shall be taken, shall be mutually obliged to use their endeavour^ together with the other Party, for the finding and retaking the said Ship or Ships, and restoring them to the Owners ; which, nevertheless, shall be done at the charge of the said Owners, or the Parties interested. ARTICLE XXXIIL Subjects of either Country taken on Prizes by the other shall be restored without Ransom. But if also in the Ships taken by the Subjects of either Confederate, and brought into any Port belonging to the other, there be found any Seamen or other Persons who are Subjects of that Confederate, into whose Ports or Rivers the Prize shall be brought, they shall be civilly used by those who have taken them, and restored to their liberty forthwith, and with- out ransom. [536] T 2 276 DENMARK, [July 12, ARTICLE XXXIV. Treatment of Vessels taken ivith Prohibited Goods. But if a Ship of War or any other, laden with prohibited goods, belonging to the other Crown, happen to be taken ; it shall not be lawful for the Captains or Commanders who have taken her, to open or break up any chests, tons, or bales, on board the said Ship, nor likewise to transport, or otherwise alienate any of her merchandize, until they have been first put on shore, and an inventory thereof made before the Judges of the Admiralty. ARTICLE XXXV. Vessels of War of either Country not to Injure or Molest Subjects of the other. And for the greater security of the Subjects of both Kings, and for preventing of all violence towards them from the said Ships of War ; all Commanders of any the Ships of Wai- belonging to the King of Great Britain, and all other his Subjects whatsoever, shall be strictly charged and required, that they do not molest or injure the Subjects of the King of Denmark ; if they shall do otherwise, they shall be liable to answer it in their persons and estates, and shall therein stand bound until just satisfaction and compensation shall be made for the wrongs by them done, and the damage thereby sustained or to be sustained ; in like manner shall all Com- manders of the Ships of War belonging to the King of Denmark, and all other his Subjects whatsoever, be straightly under the same penalties charged and required, that they do not molest or injure the said Subjects of the King of Great Britain: Provided nevertheless, that all the foresaid actions be examined and adjudged by due and legal proceeding in the Court of Admiralty of both Kings ; or if it shall rather seem meet to either of the Parties, being a* Stranger in the place where the Controversy is to be decided, they shall be examined before certain Commissioners, which both Kings > as soon as they shall be desired, shall appoint to that end, that so pro- ceedings by this means may be not only carried on without great expenses, but also ended within three months at farthest. ARTICLE XXXVL Execution of Judgments and Sentences as to Captures at 8ea t Both Kings shall take care that judgment and sentence hi things taken at sea, be given according to the rules of iustice July 12, 1670.] DENMARK. 277 and equity, by Persons not suspected or interested, and being once given by such Judges as aforesaid, they shall straightly charge and require their Officers, and whom it shall concern, to see the same put in due execution according to the form and and tenor thereof. ARTICLE XXXVII. Appeals against Judgments and Sentences as to Captures at Sea. If the Ambassadors of either King, or any other public Ministers residing with the other King, shall happen to make complaint of any such sentence, that King to whom complaint shall be made shall cause the said judgment and sentence to be reheard and examined in his Council; that it may appear whether all things requisite and necessary have been performed according to the rules of this Treaty, and with due caution: if the contrary shall happen, it shall be redressed, which is to be done at the furthest within three months' time. Neither shall it be lawful either before the giving of the first sentence, or afterwards, during the time of rehearing, to unlade or sell and make away the goods in controversy, unless it happen to be done by consent of Parties, and to prevent the perishing of the said goods and merchandize. ARTICLE XXXVIII. Appointment of Diplomatic and Consular Officers. The said Kings shall have in each other's Court, their Ministers, and in certain Ports, their Consuls, for the better and more easy communicating and proposing such things as they shall think advantageous to the public interest, or private concerns of any particular Person. ARTICLE XXXIX. Private Injuries not to affect Treaty. No private injury shall in any wise letten this Treaty, nor shall raise any discord or hatred between the foresaid Nations, but every Man shall answer for his own doings, arid shall be responsible therefore ; nor shall one Man suffer for that which another has offended in, by having recourse to Reprisals, or such like rigorous proceedings, unless justice be denied- or 278 DENMAKK. [July 12, 1670. delayed longer than is fitting. In which case it shall be lawful for that King, whose Subject has received the injury, to proceed according to the rules and prescriptions of the law of Nations, until reparation be made to the Party injured ; provided not- withstanding that he have first in due manner advertised the other King thereof. ARTICLE XL. General Most-favoured-nation Treatment. Also it is agreed, that if the Hollander, or any other Nation whatsoever (the Swedish Nation only excepted) hath already, or shall hereafter obtain any better Articles, Agreement, Exemptions, or Privileges, than what are contained in this Treaty, from the King of Denmark, that the same and like Privileges shall be likewise granted to the King of Great Britain, and his Subjects, effectually and fully to all intents and purposes ; and on the other side, if the Hollander or any other Nation whatsoever, hath or shall obtain from His Majesty of Great Britain, any better Articles, Agreements, Exemptions, or Privileges, than what are contained in this Treaty, that the same and like Privileges shall be granted to the King of Denmark, and his Subjects also, in most full and effectual manner. ARTICLE XLI. Former Treaties not abrogated except in so far as they are contrary to this Treaty. It is also concluded, that former Treaties, and Leagues, at any time heretofore made between the aforesaid Confederates, or their Predecessors, Kings, as well for the Kingdoms of Great Britain, &c., as for the Hereditary Kingdoms of Denmark and Norway, &c., respectively, be not in the least reputed or taken to be broken and abolished, by any Agreement, Covenants, or Articles in the present Treaty contained ; but that the same remain in full force, effect, and virtue, so far as they are not contrary or repugnant to the present Treaty, or any Article therein contained. ARTICLE XLII, Ratifications. Finally, it is covenanted, concluded, and agreed, that the foresaid Kings shall sincerely and bond fide observe, all arid singular the Articles contained and set down in this Treaty, and shall cause them to be observed by their Subjects and July 12, 1670.] DENMARK. 27$ People ; nor shall transgress the same directly or indirectly, or suffer the same to be transgressed by their Subjects or Peoplej and shall ratify and confirm all and singular the premises as before agreed, by Letters Patent subscribed with their Hands* and sealed with their great Seals in good, sufficient, and effectual form, and shall deliver the same reciprocally within three months after the date of these Presents, or cause them to .be .delivered, in good faith, and reality, and with effect. Given at Copenhagen, the 12fch day of July, 1670. Annex. SOUND TARIFF, OR BOOK OF RATES, REFERRED TO IN ARTICLE XVIII OF THE PRECEDING TREATY. Table de la Taxe faite en 1645, suivant laquelle les Siyets de Sa Roy die et Sacree MajesU Tres-Chrcstienne seront obligtz de payer les Droits. levez aux Detroits du Swnd. LE Serenissime et Tres Puissant Roy de Danemarc et do Norvege, des Vandales et des Goths, se souvenant et faisant 1'estime qu'il doit des soins genereux et constans que le Serenissime, Tres Puissant et Tres Chrestien Roy de France et de Navarre, Cousin, Allie, et tres cher Amy de Sa Majeste ; comme aussi la Serenissime Reyne Mere R6gente, ont employe pour la pacification des troubles qui depuis 2 ans ont agite les Pays du Nord, a juge que rien ne luy devoit estre plus a coeur, que de repondre de sa part a leurs offices fideles et fraternels, par des temoignages de bien-veillance proportionnez a ceux qu'il a receus. Et Sa Majeste" depuis la Paix faite entre les Couronnes du Nord, ay ant appris du Tres Illustre et Tres Excellent Seigneur de la Tuillerie, Ambassadeur du Roy Tres Chrestien, que Sa Majeste le trouvoit tres agreable que Ton reduisit a un pied mediocre les Droits que les Marchands Fran9ois payent au Detroit du Sund, afiri qu'ils puissent avec le meme advantage que les autres continuer 1'exercice de leur Commerce ; Sa Majeste qui ne peut denier aucune chose aux justes desirs du Serenissime Roy de France et de Navarre, a bien voulu luy dormer la satisfaction qu'il souhaite en cette rencontre, et moderer a present les mesmes Droits en la maniere que Ton voit par la Taxe joint a cette Reponse^ qui est toute la mesme que Ton a accordee a Christienstad, le 13 Aoust de 1'annee couranfe, aux Estats 4es Provinces, tlnies ; sur le pied de laquelle Taxe Sa Majeste a donne" ordre aux Receveurs OnHnaires de ses Droits, que ce peage la fust exige, ayant resolu de ne souffrir pas k 1'avenirque ceux qui vivent sous la Domina- tion du Serenissime Roy de France, soient plus charges que le 280 DENMARK. [July 12, 1670. seroient ceux des autres Nations qui passeut le mesme Detroit. Sa Majeste est aussi tres persuadee que le Serenissime Roy Tres Chrestien recevra de bon coeur le temoignage et la passion qu'on a de hiy plaire, et fera paroistre en revanche la raesrae bonte et la mesme affection pour ceux des nostresqui trafiquent dans les Ports de France. (Jest la Response que Sa Majeste a commande de faire au Tres Excellent Seigneur Ambassadeur, a qui elle donne toute asseurance de sa bienveillance Royale. En foy de quoy, Ton a mis le Sceau Royal a ces Presentes, Fait a Coppenhaguen, le Septembre, 1645. (Traduction.) ROOLLE ou Tarife du Peage de la Mer d'Oresunde, qui a este regie pour les Marchands Francois, au mois d'Aoust, 1645. Poissons, Graisses, et autres Marcliandises Salees. 1 leth de beurre 1 leth de miel, ou 8 ahniees 6 chiffund (ou 120 livres) de lard C chiffund (ou 120 livres) de fromage 1 leth de graisse de cuisine 1 leth de goultran, ou 8 barils ... 1 leth de sel d'Espagne 1 leth de sel de Prance... 1 leth de chair 1 leth de harangs 1 leth de molue ou cableaux 1 leth de buttes sees, ou 20,000 ... 1 leth de roche 1 leth de spurres 1 leth d'anguilles ou 6 tonneaux 1 millier de poissons sees, grasie, ou molue 1 leth d'esturgeons ou 6 tonneaux 1 leth de saulmons 1 leth de raffes 8 leths de sorets ou harangs enfumez, 20 mesures pour 1 leth ... 6 chiffund (120 livres) de tail lie ... 1 leth ou 12 tonnes de sel Lunebourg 1 ristaller et 1 quart. 1 ristaller et 1 quart. 3 quarts de ristaller. 1 demi ristaller. 3 quarts de ristaller. 3 quarts de ristaller. 1 demi ristaller, 1 demi ristaller. 3 quarts de 1'istaller. 1 demi ristaller. 1 quart de ristaller. 1 quart de ristaller. -3 quarts de ristaller. 1 ristaller et 1 quart, 1 ristaller et 1 quart, 3 quarts de ristaller, 1 demi ristaller. 3 quarts de ristaller. 3 quarts de ristaller. Bled. 1 leth de f roment 1 leth de seigle 1 leth d'orge ... 1 leth de farine 1 leth de maltz a faire biere 1 leth d'avoine 1 leth de pois... 1 leth de gru d'avoine ... 1 leth de pain de seigle 1 leth de biscuit cle froment 1 leth de bled mestail . . . 1 leth de grue de mestail 1 leth de gru de millet ... 1 ristaller. 1 demi ristaller. 1 quart et demi de ristaller. 1 quart et demi de ristaller. 1 quart et demi de ristaller. '1 quart de ristaller. 1 quart et denii de ristaller. 1 quart de ristaller. 1 quart et demi de ristaller. 2 quarts et demi de ristaller. July 12, 1670.] DENMARK. 281 1 leth de noix ... 1 leth de pornmes 1 leth de inoustarde 1 leth d'avelanes, 30 boisseaux ou 18 tonnes 1 quart de ristaller. 1 demi quart de ristaller. 2 quarts et demi de ristaller. 1 quart de ristaller. Diverses Sortes de Marcliandises. ire") 6 chiffund (120 livres) de cire ... 6 chiffund d'harpis ou poix 6 chiffund (120 livres) de duvet de plumes 6 chiffund de plumes communes ... 4 chiffund de fine laine ... 6 chiffund de grosse laine 1 tonneau ou 30 douzaine do cartes 1 tonneau de fe Litres de chapeaux 8 chiffund de bourre lanisse, ou de tonsure delaine 1 sac de coton de 200 livres 1 leth, ou 12 chiffund, de pottache ou natrorn 1 leth de cendres 1 leth de gros gouldran ou poix ... 1 leth de petit gouldran ou poix 8 corbeilles ou quaisses de verres de") France, de Hesse, ou de Dantzic ... 30 chocques* (ou bottes) de bouteilles ou J> flacons 1000 pieds de pierre 1 tonneau ou 2 pipes de bouteilles 6 chiffund (120 livres) d'houblon 3 quarts de ristaller. 2 quarts et demi de ristaller. 3 quarts de ristaller. 2 quarts et demi de ristaller. 1 quart et demi de ristaller. 1 quart de ristaller. 3 quarts de ristaller. 1 ristaller. 1 quart de ristaller. 1 quart et clemi de ristaller. 9 chill, ou sols de Lubec. 2 quarts et demi de ristaller. 1 quart de ristaller. 3 quarts de ristaller. Lin et Chanvre. 1 leth ou 6 chiffund de lin ou chanvre 4 chiffund de lin ou chanvre crud, ou en masse 1 chiffund de lin serise ou prest a filer ... C chiffund de chanvre a cables, et cordages, et tacquels ... 1 chiffund de hedegarn ou chanvre file . . . 4 chiffund de flessengarn 10 chiffund de lin ou henffhede ... 1 leth de semence de lin 1 leth de semence de navette 1 leth de semence de chenevis ... 1 tonneau de semence de canaries 1 ristaller. 3 quarts de ristaller. 1 quart et demi tie ristaller. 1 demi quart de ristaller. Cuivre, Estain, Plomb, et Fer. 1 chiffund de cuivre 1 chiffund ou corbeille d'estain ... 1 corbeille de besogne de leton . . . 6 chiffund ou cnarges de plomb ... 8 tonneaux de feiiilles de fer blanc 6 chiffund de fer en barre 1 leth ou 12 chiffund de fer d'Osmunde 6 chiffund de balles 6 ch iffund de f ourneaux de fer ... 4 chiffund de plaques de fer 8 chiffund ou barils de vieux fer chiffund de gottlinchus 1 demi ristaller. * Chocque est 1-soixautaine. 282 DENMARK. [July 12, 1670. 6 tonnes d'aixieux de Hollande ... 6 quintaux d'acier 1 corbeille ou tonneau de fll d'archel d'acier 6 chiffund de cercles de fer pour tonneaux a mettre vin... 6 quintaux d'aixieux de Lubec ... 1 demi ristaller. Mimition de Guerre. 100 de lames d'epees ... 100 de gardes d'epees ... 400 bois de piques 50 epees a 2 mains 100 corcelets ... 50 morions 100 hallebardes 100 fers de piques 1 quaisse de 100 mousquets 4 douzaines de cannons a Carabines 15 cuirasses 6 quintaux de salpetre ou poudre 1 leth ou 12 chiffund de soulfre .. 1 demi ristaller. 8 sols de Lubec. 1 demi ristaller. 1 demi ristaller. 1 ristaller. 1 demi quart de ristaller. 1 demi ristaller. 1 demi quart de ristaller. 1 demi ristaller. 3 quarts de ristaller. 1 ristaller. Marchandise de Bois. 1 gros mast de navire de 15 palmes, et au dessus 1 petit mast, dit Spire ... 25 perches, dites Flagstangen, ou petits Spires 100 gros de bois de clappe ... 100 gros de marram a tonneaux ... 100 de bois a chariots de coure ... 1 tas ou soixantaine de grosses planches de chesne 1 tas ou 60 d'ais de Prusse ou de Stettin... 1000 delattes ... 10 grosses poultres de chesne ... 20 poultres a feu 1 leth de quaisses 1 nestel ou 12 zipers de coffres ou quaisses 1 corbeille de cuveaux peints 1 tas ou 60 de gros platan, ou bois de platan, ou bois d'erable 1 tas ou 60 de bois a Bale, ou poultres et planches de chesnes doubles ... 1000 d'aix de Norwegue ou de Suede 1 tas (60) de bois de petit platan ou Arable 40 tas ou fardeaux de palles ... ... ) 20 tas de coffres ou auges ... ... 100 gros de pipestafen ... ... ... J> 40,000 de clouds a nef ... ... ... ( 30 fardeaux de corcque... ... ... J 20 faisseaux (60) de trenchoirs ... 2000 courres servant de lieures ... 25 courbes de bois ouen cheri (Cnehen) ... 30 pousteaux dits cheverpfost .., 100 de bostaves 40 pieces de bois de barque ou d'estre ... 100 de bois a chariot, dit Vaguenschott ... 1 demi ristaller. 8 sols de Lubec. 2 quarts et demi de ristaller. 1 ristaller. 1 ristaller. 1 quart et demi de ristaller. 1 ristaller. 3 quarts de ristaller. 8 sols de Lubec. 2 quarts et demi de ristaller. 2 quarts et demi de ristaller. 1 quart et demi de ristaller. 3 quarts de ristaller. 1 quart et demi de ristaller. 1 quart de ristaller. 1 ristaller. 3 quarts de ristaller. 8 sols de Lubec. 3 quarts de ristaller. 8 sols de Lubec. 8 sols de Lubec. 3 quarts de ristaller. 3 quarts de ristaller. 1 demi ristaller. 3 quarts de ristaller, 1 ristaller. July 12, 1670.] DENMARK. 283 Marclwtndise Sanvage. 1 timbre de peaux de martre 100 de peaux de bievre... 100 de peaux de renards 100 de peaux de lout res 20 timbres d'hermines ... 1000 de petits gris 1000 d'ilck ou peaux de chats sauvages 16 douzaines de romenfelle 2000 de peaux de connils noirs ... 4000 de peaux de connils gris 100 ristallers de zobelines 2 quarts et demi de ristaller, 1 ristaller. 3 quarts de ristaller. 1 ristaller et demi. ... }>3 quarts de ristaller. Ouirs et Peaux. 4 dequers de peaux d'elan 4 dequers de peaux de cerf 20 dequers de peaux de bouc 30 deq uers de peaux de veau 1000 grosses de peaux de mouton 2000 peaux d'agneau ... 4000 peaux de chamois ... 1000 peaux de chevro tin 1000 de cuir blanc 10 dequers de cuir de sehm 6 dequers de Cordoiian ou Marroquin 20 dequers de cuir de bassaine ... 10 dequers de cuir de Russie, dit Rott- lache 6 dequers de cuir, dit Gahrleder 10 dequers de peaux desseich^es, ou cuir 1000 de paires de Heusche de Russie 400 livres de cuir a semelles 800 livres d'affalt 4 dequers de vaches de Russie ... 3 quarts de ristaller. Velours t Estoffes de Soye, et Draps. 2 pieces de brocadel 4 pieces de fin velours ... 8 pieces de drap d'Angleterre et d'lr- lande 8 pieces de double sarge 8 pieces de demi velours, ou trippe de velours 8 pieces de satin 8 pieces de sarge de soye, ou gros de Naples 8 pieces de taffetas 8 pieces de caffa 16 pieces de gros drap dusincque d'An- gleterre, ou d' Irian de a 4 fonds 12 pieces de bayette ou frise 10 pieces de cotti ou treillis raye de bleu 1 paquet ou 16 pieces de gros drap d'Ecosse, d' Amsterdam, de Flandres, ou de France 12 pieces de double maquie ou gros grain de Turquie ... .. f 3 quarts de ristaller. 2 quarts et demi de ristaller. 284 DENMARK. [July 12, 1670. 24 pieces de carisee d'Osnabrouc, de gros grain, sarge d'Encquel, maquie, tripes, bombasin, sarge et tridaine ... 1 tonneau de mercerie ... 12 livres de soye, franges, passement et. gallon 16 livres de franges houppees ... 4 douzaines de couvertures et accomino- demens de lits, d'Angleterre, d'Es- pagne, ou de Neuremberg ... 4 douzaines de couvertes pour chevaux . . . 30 douzaines de lizieres ou listes de drap 100 paires de bas de fine carisee . 30 douzaines de bas de gros drap 60 douzaines de bas de laine 100 chemisettes d'Ecosse .1 pacquet ou tonneau de valeur de 100 ristallers 12 paires de bas de soye 50 paires de bas d'estame 6 livres de passement d'or ou d'argenfc ... 100 livres de soye crue non teinte ny mise en ceuvre 2 quarts et demi de ris taller. Toiles. 1 tonneau de toile de Hollande ... 12 pieces de toile de Hollande ou de Silesie 100 pieces de treillis de 3 aulnes de large 8 pieces de toile de Cambray 8 pieces ou roulleaux de boudaftt, ou canevas du plus large, de France ou Dantzic 20 pieces d'encquel, boudafit, et canevas... 40 pieces de peignoirs et toilettes 20 pieces de toilea ou draps 20 pieces de toiles de Pomeranie, ou draps de lit, et semblables ... 12 pieces de camelot onde\ ou dauias 20 pieces de treillis 30 pieces de toile de Stettin 40 pieces de toile, ou bure de Cracovie ... 8 pieces de toile faite d'une certaine espece de chanvre, dont la seinence est noire, dite heden 1 000 d' aulnes de forte toile 8 pieces de fin burail 50 pieces de gros burail a lits ... 8 balles de papier 50 livres de fil re tord ... 16 pieces de draps de Cathun 2 quarts et demi de ristaller. rogues et Espiceries. 1 balle de 300 livres de poivre ... 300 livres de gingembre 150 livres de gingembre count ... 100 livres de clouds de girofles, cannelle, muscade, fleur de muscade, folio et indigue 8 livres de saffran 3 quarts de ristaller. July 12, 1670.] DENMARK. 285 1 leth de raisins de Corinthe, ou 36 cabats de figues, ou 1 ,600 livres 1 tonneau de longs raisins, ou 400 livres ... 400 livres d'amande 800 livres de ris 800 livres de grains de laurier ... .. 400 livres de petun ou tabac 400 livres de savon d'Espagne ... 4 balles de savon blanc ... 1 leth de savon 400 livres de maniquette ou grains de paradis 1 tonneau ou balle de noix des galles de 400 livres ... 4 balles de corinte, ou 800 livres 400 livres de dattes 2 boettes de pruneaux, limons, capres, et olives 1600 livres de pruneaux, dits chevetz- schen 400 livres de biscuit sue rin 400 livres de sucre candi, ou confitures ... 1 tonneau de sirop 4 balles ou 400 livres d'anis ou cumin I tonneau ou quaisse de cassonade de 400 livres 1 double balle de cinabre de 300 livres ... 6 balles de couleur d'almaroc, ou crap, de 800 livres ... 1600 livres de sumac 4 chiffund de rouge de Dantzic ... 6 chiffund ou 1800 livres de galamie 100 livres de cochenile ... 600 livres de calamus ... 1 leth de rouge ou couleur de Suede 1 tonneau ou 3 chiffund de vestum 6 chiffund de vitriol ou couperose 6 chiffund de blanc de plomb ou glede 3 chiffund d'alum 6 chiffund d'eau de vitriol 30 livres de rottstain ou ambre mis en ceuvre 4 chiffund de limure d' ambre ... ... 3 chiffund d'antimoine ... 400 livres de gayac ... ... 400 livres de rigalisse ... 800 livres de gommi ou gal las 4 chiffund de guesde pour les teinturiers ... 300 livres d'amidon, ou 1 tonneau de 300 livres 1000 livres de graines de paradis 1000 livres de bois de Bresil 20 pieces de gulpel 300 livres de colle 1 tonneau d'huile de Lisbonne ... 1 leth ou 8 ahmees d'huile de chenevis ou de navette ... 1 leth ou 8 ahmees d'huile de lin 50 livres de vif argent ... 1 baril de zuccat 800 livres de pruneaux de Hongrie 1 baril ou 200 livres d'encens ou parfum ... 6 chiffund de resine ou terebentine 3 quarts de ristaller. 1 quart et demi de ristaller. 3 quarts de ristaller. 1 quart et demi de ristaller. 3 quarts de ristaller. 3 quarts de ristaller. 1 ristaller et demi. 3 quarts de ristaller. 1 ristaller. 1 quart et demi de ristaller* 3 quarts de ristaller. J 8 sols de Lubec. 2 quarts et demi de ristallei*. 1 quart et demi de ristaller. J- 3 quarts de ristaller. quart et demi de ristaller. 3 quarts de ristaller. 286 DENMARK.. [July 12, 1670. Jan.. 14, 1814. Vln, Hydromel, Biere, et Autreu. Tout vin de quelque sorte que ce puisse estre, qui n'est cy dessous specific, payera le trentieme denier : 1 baril d'eau de vie d'Espagne ... ... "I 1 ahmee d'eau de vie du Rhin ... ... ! 1 ... -jqtalW 1 ahmee d'eau de vie de France . . . f l deir 3taller ' 1 tonnelet de vinaigre ... ... ... J 1 leth d'hydromel ... ... ... 1 ristaller et derni. 8 barils de biere d'Angleterre, ou vinaigre ^ de biere ... ... ... ...> 3 quarts de ristaller. 6 tonneaux de double biere ... ... 3 6 tonneaux de biere de Lubec ... . . . ^ 1 leth de biere de Rostock, Wismarche, ou > 1 quart et demi de ristaller. de Stralesunde ... ... ...J 4 quaisses de verres de Venise ... ... "| 1 corbeille de cruehes et pots ... ...lo, L A . n^ 400 livres de dents d'elephans ou yvoire... j 3 1 uarts de Caller. 40 estuits de flacons ou bouteilles Toutes les charges qui ne sont specifiees en la Liste ci-dessus, seront comptees ainsi qu'il est accoutume entre Marchands, et suivant qu'il a est6 observ^ de toute anciennete. Christianople, le 1 Seine d'Aoust, en Tan 1645. No. 51. TREATY OF PEACE BETWEEN GREAT BRITAIN AND DENMARK. Signed at Kiel, January 14, 1814.* In the Name of the Most Holy and Undivided Trinity. His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Denmark, being desirous to put an end to the calamities of the war which has so long divided their States, and to re-establish the ancient relations of amity and good understanding, have judged expedient to name for this purpose their respective Plenipoten- tiaries, viz. : His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty the King of the United Kingdom of Great Britain and Ireland, Edward Thornton, Esq., His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Sweden; and His Majesty the King of * Signed also in French. January 14, 1814.] DENMARK. '287 Denmark, His Chamberlain the Sieur Edmund Bourke, Grand Cross of the Order of Dannebrog and Knight of the Order of the White Eagle ; which Plenipotentiaries, after the exchange of their full powers, found in full and due form, have agreed 011 the following Articles : ARTICLE I. Peace and Friendship. Cessation of Hostilities. Restoration of Prizes. From the moment of the signature of the present Treaty, there shall be peace and friendship between their Majesties the King of the United Kingdom of Great Britain and Ireland, and the King of Denmark, and between their respective Kingdoms, States, and subjects, in all parts of the world. All hostilities between them shall cease, and all prizes taken from the subjects of the respective nations shall be considered as null from the day of the signature of the present Treaty, and shall be restored on both sides to their respective owners. ARTICLE IL Restoration of Prisoners of War. The respective prisoners of war shall, immediately after the ratification of the present Treaty, be restored, en masse, on payment, on both sides, of the private debts which they shall have contracted. ARTICLE III. Restoration of all Danish Possessions taken ly Great Britain, except Heligoland. His Majesty the King of the United Kingdom of Great Britain and Ireland consents to restore to His Danish Majesty all the possessions and Colonies which have been conquered by the British arms in this present war, except the Island of Heligoland, which His Britannic Majesty reserves to himself with full and unlimited sovereignty. ARTICLE IV. Rules for restoration of Colonies. Island of Anholt. The restoring of the Colonies shall be performed according to the same rules and principles which were laid down when 288 DENMARK, [January 14, 1814. His Britannic Majesty gave up to His Danish Majesty these same Colonies in the year 1801. With regard to the Island of Anholt, it is agreed that it shall be given back one month after the ratification of the present Treaty, unless the season and the difficulty of navigation should present insurmountable obstacles. ARTICLE V. This Treaty to be extended to Russia, Prussia, and Sweden. Prizes made after its Signature to be restored. His Britannic Majesty having stipulated with His Allies the Emperor of Russia, the King of Sweden, and the King of Prussia, not to conclude either armistice or peace with their common enemies but by mutual consent, it is understood, that the peace, re-established by the present Treaty, and by the Treaty signed this day between the King of Denmark and the King of Sweden, shall in consequence be extended to the above-mentioned Allies, by the means of negotiations, the which shall be entered upon as soon as possible. His Britannic Majesty engaging himself to employ His good offices with His Allies in order that their respective relations with His Danish Majesty may be renewed upon the same footing as they were before the war. . His Danish Majesty, relying with full confidence on the good offices of their Britannic and Swedish Majesties, for the purpose, as soon as possible, of restoring the peaceable and friendly connexions between His Majesty the Emperor of Russia and King of Prussia, as they were before the war, consents to make all hostilities towards the Allies of Great Britain and Sweden immediately cease. All prizes which have been made since this Treaty has been signed shall be restored; His Danish Majesty relying on a complete reciprocity in this respect. ARTICLE VI. Denmark to take part with Allied Powers against firance. His Danish Majesty consents to take an active part with the Allied Powers in the present war against France, arid to furnish ten thousand men, which corps is to be attached to the army of the North of Germany, and under the immediate command of His Royal Highness the Crown Prince of Sweden, to be placed on the same footing, and to be treated in every respect in the same manner as the Swedish troops, which constitute a part of the said army; His Britannic Majesty engaging himself to pay to His Danish Majesty, for the maintenance of the said^ troops, a certain sum, to be provided January 14, 1814.] DENMARK. 289 for every month in this present year in the proportion of four hundred thousand pounds sterling a-year, from the day 011 which they are placed under the command of the Swedish Crown Prince. This corps shall be always kept up to its full complement, which may be ascertained by a Commissary named for that purpose on the part of His Britannic Majesty. It is, however, understood by the High Contracting Parties, that these payments are to cease from the time His Britannic Majesty shall declare such troops not to be required for the good of the common cause, or by the conclusion of a general peace. A proper time shall be allowed, concerning which an amicable arrangement shall be made for the troops to return to his Danish Majesty's dominions. ARTICLE VII. Commercial Relations to return to usual order as existing before War. The commercial relations between the subjects of the High Contracting Parties shall again return to the usual order, as existing before the present war began. They moreover reciprocally agree to adopt measures, as soon as possible, for giving the same greater force and extent. ARTICLE VIII. Abolition of Slave Trade. His Majesty the King of the United Kingdom of Great Britain and Ireland and the British nation being extremely desirious of totally abolishing the Slave Trade, the King of Denmark engages to co-operate with His said Majesty for the completion of so beneficent a work, and to prohibit all his subjects, in the most effectual manner, and by the most solemn laws, from taking any share in such trade. ARTICLE IX. No Peace or Truce to le made with France but by Mutual Consent. The two High Contracting Parties oblige themselves reciprocally not to conclude any peace or truce with France, but by mutual consent. [536] U 290 DENMARK. [January 14, 1814. ARTICLE X. Indemnity to Denmark for Cession of Norway to Sweden. Whereas His Danish Majesty, in virtue of the Treaty of Peace this day concluded with the King of Sweden, has ceded Norway to His said Majesty for a certain provided indemnity, His Britannic Majesty, who thus has seen his engagements contracted -with Sweden in this respect fulfilled, promises, in. concert with the King of Sweden, to employ his good offices with the Allied Powers, at the general peace, to obtain for Denmark a proper indemnity for the cession of Norway. ARTICLE XI. Raising of Sequestrations on Property not yet Confiscated or Condemned. The sequestrations which have been laid, by either of the Contracting Parties, on property not already confiscated or con- demned, shall be raised immediately after the ratification of this Treaty. ARTICLE XII. Depot for British Goods at Stralsund. His Majesty the King of Sweden having engaged, by the sixth Article of the- Treaty of Alliance with His Britannic Majesty, concluded at Stockholm the 3rd of March, 1813, to grant for a period of tAventy years, to be computed from the exchange of the ratifications of the said Treaty, to the subjects of His Britannic Majesty, the privileges of depot in the port of Stralsund, of all articles being the growth or manufacture of Great Britain, or of her Colonies, on paying a duty of 1 per cent. ad valorem on such articles and merchandize on import and export ; His Majesty the King of Denmark promising to fulfil, in his new character of Sovereign of Swedish Pomerania, the said stipulation, by substituting Danish for Swedish bottoms. ARTICLE XIII. Renewal of all Ancient Treaties of Peace and Commerce. All the ancient Treaties of Peace and Commerce between the former Sovereigns of England and Denmark are hereby renewed in their full extent, so far as they are not contradictory to the stipulations of the present Treaty. Jan. 14, 1814. Apr. 7, 1814.] DENMARK. 291 ARTICLE XIV. Ratification. This Treaty of Peace shall he ratified by the two High Contracting Parties ; the ratifications to be exchanged at Kiel within one month, or sooner if practicable. In witness whereof we, the Undersigned, by virtue of~onr full powers, have signed the present Treaty of Peace, and thereto affixed the seal of our arms. Done at Kiel, the 14th January, 1814. (L.S.) EDWARD THORNTON. (L.S.) EDMUND BOURKE. No. 52. ADDITIONAL ARTICLES TO THE DEFINITIVE TREATY BETWEEN GREAT BRITAIN AND DENMARK, SIGNED AT KIEL, JANUARY 14, 1814. Signed at Liege, April 7, 1814. ARTICLE I. Period for Evacuation, &c., of Danish Possessions by Great Britain. The evacuations, cessions, and restitutions, stipulated by the above-mentioned Treaty, shall be executed in Europe within a month, in the seas of America within three months, and in the continent and seas of Asia within six months after the ratifications of the Definitive Treaty. ARTICLE II. Fortifications in Restored Districts. In all cases of restitution agreed upon by the present Treaty, the fortifications shall be delivered up in the state in which they were at the moment of the signature of the Definitive Treaty, and all works which shall have been constructed since the occupation shall remain untouched. [536] u 2 292 DENMARK. < [April 7, 1814. In Cases of Cession Three Years allowed to Inhabitants to dispose of their Property. It is further agreed that in all the cases of cession stipulated, there shall be allowed to the inhabitants, of whatever condition or nation they may' be, a term of three years, reckoning from the notification of the present Treaty, to dispose of their property, acquired and possessed whether before or in the course of the war, during which term of three years they shall be at liberty freely to exercise their religion, and to enjoy their property. The same facility is granted within the countries restored, to all persons, inhabitants or others, who shall have formed any establishments during the time which those countries were possessed by Great Britain. Non- Molestation of Inhabitants of Ceded Countries on Account of Political Opinions. In respect to the inhabitants of the countries restored or ceded, it is agreed that no one shall be persecuted, disturbed, or troubled, either personally or in his property, under any pre- text, on account of his political opinions or conduct, or of his attachment to either of the High Contracting Parties, or for any other cause, unless it be for debts contracted with individuals, or for acts subsequent to the present Treaty. ARTICLE III. Claims. The decision of every claim between individuals of the respective nations for any debts, property, effects, or rights whatever, which conformably to common usage and the law of nations ought to be brought forward, shall be referred to the competent tribunals, and in such cases there shall be prompt and complete justice rendered in the countries where the claims are respectively put forth. These Articles to form Part of Treaty of January 14, 1814. These Additional Articles shall make a part of the Treaty signed the 14th January, 1814, and shall have the same force and validity as if they were inserted word for word in the said Treaty. Ratifications. They shall be ratified by the two High Contracting Parties, and the ratifications shall be exchanged within four weeks, or sooner if possible, Apr. 7, 1814. Juno 16, 1824.] DENMARK. 293 In witness whereof we, the Undersigned, in virtue of our respective full powers, have signed the present Additional Articles, and have affixed thereto the seal of our arms. Done at Liege, the 7th April, 1814. (L.S.) EDWARD THORNTON. (L.S.) EDMUND BOURKE. Non-Molestation of Inhabitants of Ceded or Restored Countries on Account of their Political Conduct. Tt is agreed between the two High Contracting Parties, that the same security of person and property which has been stipulated by the Additional Articles signed this day, for the inhabitants of the restored or ceded countries, shall be afforded to all the subjects of His Majesty the King of the United Kingdom of Great Britain and Ireland, whether British or Hanoverians, and of His Majesty the King of Denmark, who shall have taken an active part in the present war, which has disturbed so many countries, and that no one shall be perse- cuted, disturbed, or troubled, on account of his political conduct or opinions during the course of the war. This Additional Article shall make part of the Treaty signed the 14th January, 1814, and shall have the same force and validity as if it was inserted word for word in the said Treaty. It shall be ratified by the two High Contracting Parties, and the ratifications shall be exchanged within four weeks, or sooner if possible. In witness whereof we, the Undersigned, in virtue of our respective full powers, have signed the present Additional Article, and affixed thereto the seal of our arms. Done at Liege, the 7th April, 1814. (L.S.) EDWARD THORNTON. (L.S.) EDMUND BOURKE. No. 53. CONVENTION OF COMMERCE BETWEEN GREAT BRITAIN AND DENMARK, TOGETHER WITH A SEPARATE AND AN ADDITIONAL ARTICLE THEREUNTO ANNEXED. Signed at London, June 16, 1824.* His Majesty The King of the United Kingdom of Great Britain and Ireland, and His Majesty The King of Denmark, * Signed also in French. 294 DENMARK. [June 16, 1824. being equally desirous of extending and increasing the commercial intercourse between Their respective States, and of affording every facility and encouragement to Their Subjects engaged in such intercourse ; and being of opinion that nothing will more contribute to the attainment of Their mutual wishes in this respect, than a reciprocal abrogation of all discriminating and countervailing Duties which are now demanded and levied upon the Ships or Productions of either Nation in the Ports of the other, have appointed Their Plenipotentiaries to conclude a Convention for that purpose, that is to say : His Majesty The King of the United Kingdom of Great Britain and Ireland, The Right Honourable George Canning, a Member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, and His said Majesty's Principal Secretary of State for Foreign Affairs : And The Right Honourable William Husldsson, a Member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations, arid Treasurer of His said Majesty's Navy; And His Majesty The King of Denmark, Charles Emilius Count de Moltke, Grand Cross of the Order of Danebrog, His said Majesty's Privy Councillor of Conferences, and His Envoy Extraordinary at the Court j}f His Britannick Maje'sty : who, after having communicated to each other their respective Full Powers, found to be in due and proper form, have agreed upon and concluded the following Articles : ARTICLE I. Vessels. National Treatment. Frova and after the 1st day of July next, Danish Vessels entering or departing from the Ports of the United Kingdom of Great Britain and Ireland, and British Vessels entering or departing from the Ports of His Danish Majesty's Dominions, shall not be subject to any other or higher Duties or Charges whatever, than are or shall be levied on National Vessels entering or departing from such Ports respectively. ARTICLE II. National Goods imported and exported in Vessels of either Country. iie growth, produce, or manufacture of any of either of The High Contracting Parties, All articles of the of the Dominions which are or shall be permitted to be imported into or"exported from the Ports of the United Kingdom and of Denmark, June 16, 1824] DENMARK. 295 respectively, in Vessels of the one Country, shall, in like manner, be permitted to be imported into and exported from those Ports in Vessels of the other. ARTICLE III. Foreign Goods imported in Vessels of either Country. All articles not of the growth, produce, or manufacture of ,the Dominions of His Britannick Majesty, which can legally be imported from the United Kingdom of Great Britain and Ireland into the Ports of the Dominions of the King of Denmark, in British Ships, shall be subject only to the same Duties as are payable upon the like articles, if imported in Danish Ships : and the same reciprocity shall be observed, with regard to Danish Vessels, in the Ports of the said United Kingdom of Great Britain and Ireland, in respect to all articles not the growth, produce, or manufacture of the Dominions of His Danish Majesty, which can legally be imported into the Ports of the United Kingdom in Danish Ships. -~ . ARTICLE IV. Imports and Exports in Vessels of either Country. Bounties. Drawbacks. National Treatment. All goods, wares, and merchandize which can legally be imported into the Ports of either Country shall be admitted at the same rate of Duty, whether imported in Vessels of the other Country, or in National Vessels ; and all goods, wares, or mer- chandize which can be legally exported from the Ports of either Country, shall be entitled to the same bounties, drawbacks, and allowances, whether exported in Vessels of the other Country, or in National Vessels. ARTICLE V. No Preference to be given in Purchase of Goods on Account of the Character of the Vessel in which they were imported. No priority or preference shall be given, directly or indirectly, by the Government of either Country, or by any Company, Corporation, or Agent, acting on its behalf, or under its authority, in the purchase of any article the growth, produce, or manufacture of either Country, imported into the other, on account of, or in reference to the character of the Vessel in which such article was imported ; it being the true intent and meaning of the High Contracting Parties, that no distinction or difference whatever shall be made in this respect. 296 DENMARK. [June 16, 1824. ARTICLE VI. Colonies excluded. The High Contracting Parties having mutually determined not to include, in the present Convention, Their respective Colonies, in which are comprehended, on the part of Denmark, Greenland, Iceland, and the Islands of Ferroe ; it is expressly agreed that the intercourse which may at present legally be carried on by the Subjects or Ships of either of the said High Contracting Parties with the Colonies of the other, shall remain upon the same footing as if this Convention had never been concluded. ARTICLE VII. Duration of Convention. The present Convention shall be in force for the term of Ten Years from the date hereof ; and further, until the end of Twelve Months after either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same ; each of The High Contracting Parties reserving to Itself the right of giving such notice to the other, at the end ot the said term of Ten Years ; and it is hereby agreed between Them, that, at the expiration of Twelve Months after such notice shall have been received by either Party from the other, this Convention, and all the provisions thereof, shall altogether cease and determine. ARTICLE VIII. Ratifications. The present Convention shall be ratified, and the Ratifica- tions shall be exchanged at London within One Month from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms. Done at London, the sixteenth day of June, in the year of our Lord one thousand eight hundred and twenty-four. (L.S.) GEORGE CANNING. (L.S.) W. HUSKISSON. (L.S.) C. E. MOLTKE. SEPARATE ARTICLE. Commercial Relations. Reciprocity. Tire High Contracting Parties reserve to Themselves to eater upon Additional Stipulations for the purpose of facilitating June 16, 1824.] DENMARK. 297 and extending, even beyond what is comprehended in the Convention of this date, the commercial relations of Their respective Subjects and Dominions, upon the principle either of reciprocal or equivalent advantages, as the case may be : And in the event of any Article or Articles being concluded between the said High Contracting Parties, for giving effect to such Stipulations, it is hereby agreed that the Article or Articles which may hereafter be so concluded, shall be con- sidered as forming part of the aforesaid Convention. The present Separate Article shall have the same force and validity as if it were inserted, word for word, in the Con- vention signed this day. It shall be ratified, arid the Ratifica- tions shall be exchanged at the same time. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Anns. Done at London, the sixteenth day of June, in the year of our Lord one thousand eight hundred and twenty-four. (L.S.) GEORGE CANNING. (L.S.) W. HUSKISSON. CL.S.} C. E. MOLTKE. ADDITIONAL ARTICLE. Duties on Removal of Property. National Treatment. Their Britannick and Danish Majesties mutually agree, that no higher or other Duties shall be levied, in either of Their Dominions (Their respective Colonies being excepted from the Convention of this date) upon any personal property of Their respective Subjects, on the removal of the same from the Dominions of Their said Majesties reciprocally, either upon the inheritance of such property, or otherwise, than are or shall be payable in each State, upon the like property, when removed by a Subject of such State respectively. The present Additional Article shall have the same force and validity as if it were inserted, word for word, in the Con- vention signed this day. It shall be ratified, and the Ratifica- tions shall be exchanged at the same time. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms. Done at London, the sixteenth day of June, in the year of our Lord one thousand eight hundred and twenty-four. (L.S.) GEORGE CANNING. (L.S.) W. HUSKISSON. (L.S.) C. E. MOLTKE. 298 DENMARK. [Nor. 28. 1879. Oct. 9, 1894. No. 54. DECLARATION BETWEEN GREAT BRITAIN AND DENMARK FOR THE PROTECTION OF TRADE-MARKS. Signed at Copenhagen, November 28, 1879.* THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, a.nd the Govern- ment of His Majesty the King of Denmark, with a view to the repricrocal protection of Trade-marks and Trade Labels, as well as Industrial Designs and Patterns, in the two countries, have agreed as follows : The subjects of each of the Contracting Parties shall have in the Dominions and Possessions of the other the same rights as belong to native subjects, or as are now granted, or may here after be granted, to the subjects of the most favoured nation, in everything relating to property in Trade-marks and Trade Labels, as well as in Industrial Designs and Patterns. It is understood that any person who desires to obtain the aforesaid protection must fulfil the formalities required by tb'e Laws of the respective countries. In witness whereof the Undersigned have signed the present Declaration, and have affixed thereto the seal of their arms. Done at Copenhagen, the 28th day of November, 1879. (L.S.) CHARLES LENNOX WYKE. (L.S.) 0. D. ROSENORN-LEHN. No. 55. ACCESSION OF DENMARK TO THE INDUSTRIAL PROPERTY CONVENTION OF MARCH 20, 1883. October 9, 1894. The Suriss Federal Council to the Earl of Kimberley. (Received October 13.) M. le Ministre, Berne, le 9 Octobre, 1894. NoCJS avons 1'honneur de porter a la coimaissance de votre Excellence quo le Daneinark a accede a 1' Union pour la Pro- * Signed also in Danish. Oct. 9, 1894. g/^; 1905.] DENMARK. tection de la Propriete Industrielle, & partir du l er Octobre courant. Cette accession comprend les lies Feroe, mais lie s'etend pas, pour le moment, a I'lslande, au Greenland, et aux Antilles Danoises. Au point de vue de la repartition des frais du Bureau Inter- national, le Danemark a demande a iigurer dans la quatrieme des classes prevues sous le No. 6 du Protocole de Cloture annexe a la Convention Internationale du 20 Mars, 1S83. En priant votre Excellence de vouloir bien prendre note de ce qui precede, nous saisissons, &c. Au nom du Conseil Federal Suisse : Le President de la Confederation, (Signe) E. FKEY. Le Chancelier de la Confederation, (Signe) RINGIEB. No. 56. EXCHANGE OF NOTES BETWEEN GREAT BRITAIN AND DENMARK AS TO THE RECIPROCAL PROTECTION OF TRADE-MARKS IN CHINA. (No. 1.) Count Raben-Levetzau to Mr. Johnstone. Minister e des Affaires Etrangeres, Monsieur le Ministre, Copenhague, le II Novembre, 1905. EN me demandant, par votre note du 23 Aout dernier, si les Tribunaux Danois en Chine sont autorises a punir les sujets Danois qui auraient viole en Chine des marques de fabrique et de commerce Britanniques, vous m'avez informe que votre Gouvernement, aussitot qu'ilaurarecu une reponse affirmative a cette question, prendra les mesures necessaires pour permettre la poursuite devant les Cours Consulaires Britanniques de sujets Britanniques ayanf viole des marques de fabrique et de commerce Danoises. Considerant ce qui precede, j'ai 1'honneur de vous informer que les lois Danoises visant la protection des marques de fabrique et de commerce s'appliquent en general aux sujets Danois en Chine, et que des instructions viennent d'etre expedites au Consul de Danemark a Shanghai, Juge Consulaire Daiiois pour toute la Chine, a VefFet de I'autoriser a prot^ger 300 DENMARK. [S~S 1905. les marques de fabrique et de commerce Britanniques dument enregistrees en Danemark centre les infractions de sujets Danois en Chine dans la meme mesure que les marques Danoises de la meme nature. En vous priant de rapporter ce qui precede a votre Gouvernement, je me permets d'exprimer 1'attente de recevoir bientot line note m'inforrnant de 1' envoi au Ministre Britannique a Pekin des instructions necessaires pour assurer la reciprocite et permettant la punition par les Tribunaux Britanniques en Chine de sujets Britanniques ayant viole des marques de fabrique et de commerce Danoises. Je saisis, &c. (Signe) KABEN-LEVETZAU. (No. 2.) Mr. II. G. C/tilton to Count Raben-Levetzau. Monsieur le Ministre, Copenhagen,, December 11, 1905. WITH reference to your Excellency's note to Sir A, Johnstone of the llth ultimo, respecting the protection of British trade -marks, duly registered in Denmark, against infraction by Danish subjects in China, I have the honour to inform your Excellency that His Majesty's Minister at Peking has been requested to issue the necessary instructions to His Majesty's Consular officers in China in order that similar protec- tion may be extended to Danish trade-marks, should they be infringed by British subjects. I have, &c. (Signed) H. G. CHILTON. July 26, 1890.] DOMINICAN REPUBLIC. 301 DOMINICAN EEPUBLIC. No. 56*. ACCESSION OF THE DOMINICAN EEPUBLIC TO THE CONVENTION OF MARCH 20, 1883, FOR THE PROTECTION OF INDUSTRIAL PROPERTY. July 26, 1890. M. le Minister, Berne, le 26 Juillet, 1890. Nous avons I'hoimeur de porter a la connaissance cle votre Excellence que la Legation de la Eepublique Dominicaine a Paris a adresse au Conseil Federal Suisse, en date du 11 courant, une note 1'informant que son Gouvernement avait decide d'adherer a la Convention du 20 Mars, 1883, pour la Protection de la Propiiete Industrielle. La Eepublique Dominicaine, qui avait cesse de faire par tie de rUnion clepuis le 15 Mars, 1889, doit done etre consideree eomme un fitat Contractant a partir du 11 Juillet, 1890, date de la susdite Notification. ' En priant votre Excellence de vouloir bien prendre note de ce qui precede, nous saisissons, &c., Au nom du Conseil Federal Suisse : EUCHONNET, President de la Confiddmlion. EINGIER, Chancelier de la Confederation. 302 ECUADOR. [August 26, 1892. ECUADOE. No. 57. CONVENTION BETWEEN GREAT BRITAIN AND ECUADOR RELATIVE TO TRADER-MARKS. Signed at Quito, August 26, 1892.' [Ratifications exchanged at Quito, February 3, 1893.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Excellency the President of Ecuador, desiring to conclude a Convention for the reciprocal protection of trade-marks and designs, have appointed as their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, William Henry Doveton Haggard, Esq., Her Britannic Majesty's Minister Resident and Consul-General at Quito, &c., &c., and His Excellency the President of Ecuador, Senor Don Pedro Jose Cevallos, His Minister Secretary of State for Foreign Affairs, &c., &c. ; Who, having communicated to each other their Full Powers, found in good and due form, have agreed upon the following Articles : ARTICLE 1. Trade-marks, &c. National and Most-favoured-nation Treatment. The subjects of each of the Contracting Parties shall have in the dominions and possessions of the other the same rights as are now granted, or may hereafter be granted, to native subjects or to subjects of the most favoured nation in all that relates to trade-marks, industrial designs, and patterns. In order that such rights may be obtained, the formalities required by the laws of the respective countries must be ful- filled. ARTICLE II. Application of Convention to British Colonies. The stipulations of the present Convention shall be applic- able to all the Colonies and foreign possessions of Her Britannic * Signed also in Spanish. August 26, 1892.^ ECUADOR. 303 Majesty, excepting to those hereinafter named, that is to say, except to India. Victoria. The Dominion of Canada. Queensland. Newfoundland. Tasmania. The Cape of Good Hope. South Australia. Natal. Western Australia. New South Wales. New Zealand. Provided always that the stipulations of the present Con- vention shall be made applicable to any of the above-mentioned Colonies or foreign possessions on whose behalf notice to that effect shall have been given by Her Britannic Majesty's Repre- sentative to the President of Ecuador within one year from the date of the exchange of ratifications of the present Con- vention. ARTICLE III. Ratifications. The present Convention shall be ratified, and the ratifica- tions shall be exchanged at Quito as soon as possible. It shall come into operation one month after the exchange of ratifications, and shall remain in force until the expiration of one year from the day on which either Party may give notice of its intention to terminate it. In witness whereof the Undersigned have signed the same, and have affixed thereto the seal of their arms. Done in duplicate at Quito, the twenty-sixth day of August, one thousand eight hundred and ninety-two. (Signed) (L.S.) W. H. D. HAGGARD. (L.S.) PEDRO JOSfi CEVALLOS. LIST OF BRITISH COLONIES AND FOREIGN POSSESSIONS WHICH HAVE ACCEDED TO THE ABOVE CONVENTION UNDER ARTICLE II : 1. Cape of Good Hope ~] 2. Natal | 3. Newfoundland . . [>July 3, 1893. 4. Queensland , , . . | 5. New Zealand . . J 6. India July 29, 1893. 7. Canada . . . . August 28, 1893. THE FOLLOWING COLONIES HAVE NOT ACCEDED TO THE CONVENTION : 1. Victoria. 4. New South Wales. 2. South Australia. 5. Tasmania. 3. Western Australia. 304 EGYPT. [October 29, 1889. EGYPT. No. 58. COMMERCIAL CONVENTION BETWEEN GREAT BRITAIN AND EGYPT. Signed at Cairo, October 29, 1889.* THE Undersigned, Sir Evelyn Baring, G.C.M.G., K.C.B., K.C.S.I., C.I.E., Minister Plenipotentiary, Agent and Consul- General of Her Britannic Majesty in Egypt, and his Excellency Zoulfikar Pasha, Minister for Foreign Affairs of the Government of His Highness the Khedive of Egypt ; Duly authorized by their respective Governments, and so far as Egypt is concerned within the limits of the powers con- ferred by the Imperial Firmans, have agreed to the following ; AKTICLE I. Freedom of Commerce and Navigation. National Treatment. There shall be reciprocal freedom of commerce and naviga- tion between the United Kingdom of Great Britain and Ireland and Egypt. British subjects in Egypt, and Egyptians in the United Kingdom of Great Britain and Ireland, shall have liberty freely to come, with their ships and cargoes, to all places and ports in the other country to which natives are or may be per- mitted to come, and shall enjoy respectively the same rights, privileges, liberties, favours, immunities and exemptions in matters of commerce and navigation as are or may be enjoyed by natives, without having to pay any tax or impost greater than those paid by the same. * Signed also in French. October 29, 1889.] EGYPT. 305 ARTICLE II. Imports : Duties and Prohibitions. Most favoured-nation Treatment. No other or higher duties shall be imposed on the importa- tion into the United Kingdom of Great Britain and Ireland of any article, the produce or manufacture of Egypt, from what- ever place arriving, and no other or higher duties shall be imposed on the importation into Egypt of any article, the produce or manufacture of the United Kingdom of Great Britain and Ireland, from whatever place arriving, than on the like article produced or manufactured in any other foreign country ; nor shall any prohibition be maintained or imposed on the importation of any article, the produce or manufacture of either of the Contracting Countries, into the other, from whatever place arriving, which shall not equally extend to the importa- tion of the like article being the produce or manufacture of any other foreign country. Sanitary, &c., Prohibitions. This last provision is not applicable to the sanitary and other* prohibitions occasioned by the necessity of protecting the safety of persons or of cattle, or of plants useful to agriculture. Exceptions. Tobacco of all kinds, tombac, salt, saltpetre, natron, hasheesh, arms of every description, ammunition, gunpowder, and explosible material, are excluded from the stipulations of the present Convention. ARTICLE III. Exports. Most-favoured-nation Treatment. No other or higher duties or charges shall be imposed in the United Kingdom of Great Britain and Ireland or in Egypt respectively on the exportation of any article to the other Contracting Country than such as are or may be payable on the exportation of the like article to any other foreign country: nor shall any prohibition be imposed on the exportation of any article from either of the two Contracting Countries to the other which shall not equally extend to the exportation of the like article to any other foreign country. [536] X 306 EGYPT. [October 29, 1889 ARTICLE IV. Commerce and Navigation. Most-favourcd-nation Treatment. The Contracting Governments agree that in all matters relating to commerce and navigation, any privilege, favour, or immunity whatever which one Contracting Party has actually granted, or may hereafter grant, to the natives of any other State shall, on the demand of the other Contracting Government, be immediately and unconditionally extended to the natives of the other Contracting Party, which shall, by the simple fact of such demand, assume, as regards Administrative Regulations of Customs, Coast-Guard, and Police, all the obligations incumbent on the State with which it demands assimilation. ARTICLE V. Vessels. National Treatment. British ships shall, in Egypt, and Egyptian vessels shall, in the United Kingdom of Great Britain and Ireland, from what- ever place arriving, and whatever may be the place of origin or destination of their cargoes, be treated in every respect as national ships. Harbour, &c., Dues. Pilotage, &c. National Treatment. The preceding stipulation applies to local treatment, dues and charges in the ports, basins, docks, roadsteads, and harbours of the two countries, pilotage, and generally to all matters connected with navigation. Nationa I All vessels which, according to British law, are to be deemed British vessels, and all vessels which, according to Egyptian law, are to be deemed Egyptian vessels, shall, for the purposes of this Convention, be respectively deemed British or Egyptian vessels. Coasting Trade and Interior Navigation exccpted. The coasting trade and interior navigation, however, are excepted from the preceding stipulations, and remain subject to the respective laws of the two countries. October 29, 1889.] EGYPT. 307 Imports and Exports in Vessels of either Country. National Treatment. All articles, from whatever place arriving, and whatever may be their place of origin, may be imported or exported in the vessels of the Contracting Parties without being liable to any other restriction or higher duties in the other country than if the articles were exported or imported in native vessels, or in those of any other State. ARTICLE VI.* Ad valorem Duties. National and most-favoured-nation Treatment. The undermentioned goods, the produce or manufacture of the United Kingdom of Great Britain and Ireland, shall pay, on importation into Egypt, duty not exceeding 10 per cent. ad valorem, viz. : 1. Metals, raw, partially manufactured and wholly manu- factured, including machinery and parts thereof, agricultural machines and implements, railway and tramway carriages and engines, hardware, and all articles of which metals (except gold or silver) are the principal component. 2. Cutlery, ordinary, that is to say, with handles of any material except gold, silver, pearl, or tortoiseshell. 3. Yarns, threads, cordage, and cables, nets, velvets, and all other fabrics, plain, open- work, or fancy, unbleached, bleached, printed or dyed, manufactured from any vegetable fibre, such as cotton, jute, flax, hemp, rhea, palm, aloe, or the like. 4. Yarns and fabrics as enumerated in Class o manufactured from wool, worsted, mohair, vicuna, camel-hair, or any animal fibre except silk. 5. Mixed fabrics of the materials enumerated in Classes 3 and 4, and also with an admixture of silk or waste silk not exceeding 20 per cent, in weight of the whole fabric. (5. Coal. 7. Indigo. 8. Rice. 9. Oil-seeds. The Egyptian Government preserves an absolute right respecting the taxation of all other articles. The Regulations and tarifications of such other articles shall be applicable to British subjects under the same conditions as to natives or to foreigners the most favoured in that respect. * In suspension in virtue of Article XIV. [536] X 2 308 EGYPT. [October 29, 1889. The duties ad valorem levied in Egypt on goods the produce or manufacture of the United Kingdom of Great Britain and Ireland shall be calculated on the value at the place of shipment or the purchase of the object imported, with the addition of the cost of transport, including insurance, necessary for the importation into Egypt as far as the port of discharge. For the levying of these duties the importer shall make a written declaration at the Custom-house, stating the descrip- tion of the goods imported and their value at the port of discharge. The Customs may further, in contested cases, insist on the production of all the documents which should accompany consignments of merchandize, such as invoices, policies ot insurance, correspondence, &c. If the Custom-house authorities shall be of opinion that the declared value is insufficient, they shall be at liberty to take the goods on paying to the importer the price declared by him, with an addition of 5 per cent. This payment, together with the restitution of any duty which may have been levied upon such goods, shall he made within the fifteen days following the declaration. The said authorities shall also have the right of taking the duties in kind. In order to take the duties in kind the Customs shall have the right of selecting the articles according to their declared value until the amount due to them shall be reached. ARTICLE VII. Establishment of a Tariff. In order to establish for a fixed period the value at the port of entry of the principal articles taxed ad valorem, the Adminis- tration of the Egyptian Customs shall invite the principal merchants interested in the trade of the said articles to proceed in common with them to establish a Tariff for a period not exceeding twelve months. The Tariff thus fixed shall, until a Chamber of Commerce representing the entire trade of Alexandria shall have been created, be communicated by the Egyptian Customs to the British Consulate of Alexandria, and shall be considered as officially recognized, as regards British produce and subjects, if the Consulate makes no formal opposition during the fort night following this communication. ARTICLE VIII. Export Duties. Export duties may be levied in Egypt at the rate not exceeding 1 per cent, ad valorem. October 29, 1889.] EGYPT. 309 The value of articles exported shall be determined by the Customs, who will, as far as possible, cause periodic Tariffs to be established. The Egyptian Government reserves the right to insist on the exporter of the articles producing proof of the payment of the special internal taxes to which the articles in question may be liable ; if the said proof is not furnished, the exportation of the articles may be prohibited. Merchandize to be transhipped, w r hether directly or after having been conveyed by rail across Egyptian territory, or placed in bonded stores, is free from all import or export duty. But articles intended for the use of the vessels which ship them are liable to a duty equivalent to the export duty, i.e., 1 per cent. ad valorem. ARTICLE IX. Excise Tax. Most-favour ed-nation Treatment. Special Taxes, &c. National Treatment. If one of the Contracting Parties shall impose an excise tax, that is to say, an inland duty, upon any article of home production or manufacture, an equivalent compensatory duty may be imposed on articles of the same description on their importation from the territories of the other country, provided that the said equivalent duty is levied on like articles on their importation from all foreign countries. In the event of the reduction or suppression of excise taxes, that is to say, inland, duties, a corresponding reduction or suppression shall at the same time be made in the equivalent compensatory import duty on the produce or manufactures of British or Egyptian origin, as the case may be. The Regulations concerning special taxes and accessory customs duties, such as, dues for porters, warehousing, deposit, dues for quays, cranes, sluices, u tamkin," leading, permits to pass, declarations, weighing, measuring, and all other, shall be applied by the Customs of the two Contracting Countries to the natives and merchandize of the other as to their own natives and merchandize. Exceptions. The preceding stipulations in nowise affect the right of Municipalities and Communes to levy, for their profit, octroi and excise duties on beverages and liquids, provisions and fodder, combustibles and building materials on their introduction into the Municipality or Commune for consumption therein even in case articles of a similar description should not exist in Egypt. 310 EGYPT. [October 29, 1889. ARTICLE X. Commercial Travellers' Patterns or Samples. Articles liable to duty, serving as patterns or samples, which shall be introduced into the United Kingdom by Egyptian com- mercial travellers, or into Egypt by commercial travellers of the United Kingdom, shall be admitted free of duty, subject to the following formalities requisite to insure their being re-exported or placed in bond : 1. The officers of Customs at any port or place at which the patterns and samples may be imported shall ascertain the amount of duty chargeable thereon. That amount must either be deposited by the commercial traveller at the Custom-house in money, or ample security must be given for it. 2. For the purpose of identification, each separate pattern or sample shall, as far as possible, be marked by the affixing of a stamp, or by means of a seal being attached to it. 3. A permit or certificate shall be given to the importer, which shall contain (a.) A list of the patterns or samples imported, specifying the nature of the goods, and also such particular marks as may be proper for the purpose of identification ; (b.) A statement of the duty chargeable on the patterns or samples, as also whether the amount was deposited in money, or whether security was given for it ; (c.) A statement showing the manner in which the patterns or samples were marked ; (d.) The appointment of a period which, at the utmost, must not exceed twelve months, at the expiration of which, unless it is proved that the patterns or samples have been previously re- exported or placed in bond, the amount of duty deposited will be carried to the public account, or the amount recovered under the security given. No charge shall be made to the importer for the above permit or certificate, or for marking for identifica- tion. 4. Patterns or samples may be re-exported through the Custom-house through which they were imported, or through any other. 5. If before the expiration of the appointed time (paragraph 3 (d)) the patterns or samples should be presented at the Custom-house of any port or place for the purpose of re- exportation or being placed in bond, the officers at such port or place must satisfy themselves by examination whether the articles which are brought to them are the same as those for which the permit of entry was granted. If so satisfied, the officers will certify the re-exportation or deposit in bond, and October 29, 1889.] EGYPT. 311 will refund the duty which had been deposited, or will take the necessary steps for discharging the security. ARTICLE XI. free Delivery of Effects of Consular Officers. Are alone exempt from all control in Egyptian Custom- houses on importation and exportation, as well as from the payment of duties, articles, and personal effects belonging to Consuls-General, and Consuls in the regular Consular Service (" Consuls de carriere "), having no other business, engaged neither in trade nor industry, and neither possessing nor working real property in Egypt. ARTICLE XII. Regulations for Supervision of Vessels, Searching for Contraband, Prevention of Smuggling, &c. Most-favoured-nation Treatment. Each of the two Contracting Governments has the right to put into force any Regulations required for the working of their Services and for the suppression of fraud, as well as any measures dictated by reasons of public health or security, on condition that such Regulations are equally applied to the ships and subjects of all other nations. Such Regulations, including the supervision of ships and the searching for, or pursuit of, contraband gooc^s, as well as the fines and other penalties therein made applicable in case of false declaration ; smuggling, or attempting to smuggle, fraud, or attempting to defraud, or any infringement of the Regula- tions, shall, together with the measures that may be taken in regard to public health or security, be applicable in either of the two countries to the natives of the other under the same conditions as to natives of the country itself. If, however, the Egyptian authorities should desire to search the dwelling-house of a British subject, or a British ship anchored in an Egyptian port, a duplicate of the search- warrant shall be sent to the British Consular authority, who may at once take part if he thinks proper to do so, without the formality in question delaying the search, and no such search shall be made except between sunrise and sunset. It is understood, however, 'that the preceding stipulation shall not apply to cases in which the search is to be made in a warehouse or depot, or on board a ship which may have remained in an Egyptian port, for any reason whatsoever, more than twenty -one days. In such cases notification to the British Consular authority will not be necessary. 312 EGYPT. [October 29, 1889. It is further understood that the Egyptian Government may, without notification to the British Consular authorities, put guards on board any British ship in an Egyptian port or traversing the Suez Canal. In cases of suspicion of smuggling, the Egyptian Customs officers may board and seize any British ship of less than 200 tons burthen at anchor outside an Egyptian port, or sailing within 10 kilom. of the shore. Ships of less than 200 tons burthen may, moreover, be boarded and seized beyond the 10 kilom. limit, if the pursuit shall have been commenced within such limit. Except in the cases provided for in paragraphs 3 and 4 of this Article, no British ship exceeding 200 tons burthen shall be boarded or seized by the Egyptian Customs officers. ARTICLE XIII. Special Arrangements with other Parts of the Ottoman Empire, with Persia and ivith the Soudan, are excepted from Provisions of this Convention. The provisions of the preceding Articles do not apply 1. To the special arrangement existing, or which may in the future exist, between Egypt and the other parts of the Ottoman "Empire, under the direct administration of the Porte, or between Egypt and Persia. 2. To the arrangements which the Egyptian Government may make for the exchange of native or foreign merchandize with the Soudan. ARTICLE XIV. Alterations of Tariff Duties provided in Article VI, in suspen- sion until they are applicable to all other Interested, Powers. The effect of the alterations of the present Tariff of duties, provided under Article VI, remains suspended until the altera- tions in question are also applicable to ail other interested Powers. ARTICLE XV. Application of Convention to Colonies. The stipulations of the present Convention shall be applic- able, as far as the laws permit, to all the Colonies and foreign October 29, 1889.] EGYPT. 313 possessions of Her Britannic Majesty, excepting to those here- inafter named, that is to say, except to The Dominion of Canada. Queensland. Newfoundland. Tasmania. The Cape. South Australia. Natal. Western Australia. New South Wales. New Zealand. Victoria. Provided always that the stipulations of the present Con- vention shall be made applicable to any of the above-named Colonies or foreign possessions on whose behalf notice to that effect shall have been given to the Egyptian Government by Her Britannic Majesty's Representative at Cairo, within one year from the date of the signature of the present Convention. ARTICLE XVI. Duration of Convention. The present Convention shall come into force on the 1st January, 1890, and shall remain in force for ten years from that date. And in case neither of the two Contracting Parties shall have notified twelve months before the expiration of the said period of ten years its intention of putting an end to the present Convention, it shall remain binding until the expiration of one year from the day on which either of the Contracting Parties shall have given such notice. In witness whereof the Undersigned have signed the present Convention, and have affixed thereto their Seals. Done in duplicate, at Cairo, the twenty-ninth day of October, one thousand eight hundred and eighty-nine. (L.S.) EVELYN BARING. (L.S ) ZOULFIKAR. LIST OF BRITISH COLONIES WHICH HAVE ACCEDED TO THE ABOVE CONVENTION UNDER ARTICLE XV : Natal. Queensland. Newfoundland. Tasmania. New Zealand. THE FOLLOWING BRITISH COLONIES HAVE DECLINED TO ACCEDE TO THE CONVENTION: Canada. South Australia. Cape of Good Hope. Victoria. New South Wales. Western Australia. 314 FRANCE. [January 26, 1 826. FRANCE. No. 59. CONVENTION OF COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND FRANCE. Signed at London, January 26, 1826.* In the Name of the Most Holy Trinity. His Majesty The King of the United Kingdom of Great Britain and Ireland, on the one part, and His Majesty The King of France and Navarre, on the other part, being equally animated by the desire of facilitating the commercial Intercourse between Their respective Subjects; and being persuaded that nothing can more contribute to the fulfilment of Their mutual wishes in this respect, than to simplify and equalize the Regulations which are now in force relative to the Navigation of both Kingdoms, by the reciprocal abrogation of all discriminating duties levied upon the Vessels ol either of the two Nations in the Ports of the other, whether under the head of duties ot tonnage, harbour, lighthouse, pilotage, and others of the same description, or in the shape of increased duties upon goods on account of their being imported or exported in other than National Vessels ; have named as Their Plenipotentiaries to conclude a Convention for this purpose, that is to say : His Majesty The King of the United Kingdom of Great Britain and Ireland. The Right Honourable George Canning, a Member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, and His said Majesty's Principal Secretary of State for Foreign Affairs ; and The Right Honourable William Huskisson, a Member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, -President of the Com- mittee of Privy Council for Affairs of Trade and Foreign Plan- tations, and Treasurer of His said Majesty's Navy : And His Majesty the King of France and Navarre, The Prince Jules, Count de Polignac, a Peer of France, Mareckal- de-Camp of His Most Christian Majesty's Forces, Knight of the Royal and Military Order of St. Louis, Officer of the Royal Order of the Legion of Honour, Grand Cross of the Order of * Signed also in French. January 26, 1826.] FRANCE. 315 St. Maurice of Sardinia, Aide-de-Camp of His Most Christian Majesty, and His Ambassador at the Court of His Britannick Majesty : Who, after having communicated to each other their respec- tive full powers, found to be in due and proper form, have agreed upon and concluded the following Articles : ARTICLE I. Tonnage, Lighthouse, Harbour, Pilotage, Quarantine, and, other Dues. National Treatment. From and after the Fifth of April of the present year, French Vessels coming from or departing for the Ports of France, or, if in ballast, coming from, or departing for any place, shall not be subject, in the Ports of the United Kingdom, either on entering into, or departing from the same, to any higher duties of tonnage, harbour, lighthouse, pilotage, quarantine, or other similar or corresponding duties, of whatever nature or under whatever denomination, than those to which British Vessels, in respect of the same voyages, are or may be subject, on entering into or departing from such Ports; and, reciprocally, from and after the same period, British Vessels coining from or departing for the Ports of the United Kingdom, or, if in ballast, coining from or departing for any place, shall not be subject, in the Ports of France, either on entering into, or departing from the same, to any higher duties of tonnage, harbour, lighthouse, pilotage, quarantine, or other similar, or corresponding duties, of whatever nature, or under whatever denomination, than those to which French Vessels, in respect of the same voyages, are or may be subject, on entering into or departing from such Ports; whether such duties are collected separately, or are consolidated in one and the same duty ; His Most Christian Majesty reserving to Himself to regulate the amount of such duty or duties in France, according to the rate at which they are or may be established in the United Kingdom : at the same time, with the view of diminishing the burthens imposed upon the Navigation of the Two Countries, His Most Christian Majesty will always be disposed to reduce the amount of the said burthens in France, in proportion to any reduction which may hereafter be made of those now levied in the Ports of the United Kingdom. ARTICLE II. Imports in Vessels of either Country. National Treatment. Goods, wares, and merchandize, which can or may be legally imported into the Ports of the United Kingdom from the Ports of France, if so imported in French Vessels, shall be subject to 316 FRANCE. [January 26, 1826. no higher duties than if imported in British Vessels, and, reciprocally, goods, wares, and merchandize, which can or may be legally imported into the Ports of France, from the Ports of the United Kingdom, if so imported in British Vessels, shall be subject to no higher duties than if imported in French Vessels. Exceptions and Reservations. The produce of Asia, Africa, and America, not being allowed to be imported from the said Countries, nor from any other, in French Vessels, nor from France in French, British, or any other Vessels, into the Ports of the United Kingdom, for home consumption, but only for warehousing and re-exportation, His Most Christian Majesty reserves to Himself to direct that, in like manner, the produce of Asia, Africa, and America, shall not be imported from the said Countries, nor from any other, in British Vessels, nor from the United Kingdom in British, French, or any other Vessels, into the Ports of France, for the con- sumption of that Kingdom, but only for warehousing and re-exportation. European Goods. With regard to the productions of the Countries of Europe, it is understood between the High Contracting Parties, that such productions shall not be imported, in British Ships, into France, for the consumption of that Kingdom, unless such Ships shall have been laden therewith in some Port of the United Kingdom ; arid that His Britannick Majesty may adopt, if He shall think fit, some corresponding restrictive measure, with regard to the productions of the Countries of Europe, imported into the Ports of the United Kingdom in French Vessels : the High Contracting Parties reserving, however, to Themselves the power of making, by mutual consent, such relaxations in the strict execution of the present Article, as They may think useful to the respective interests of the two Countries, upon the principle of mutual concessions, affording each to the other reciprocal or equivalent advantages. ARTICLE III. Exports in Vessels of either Country. Bounties, Drawbacks, &c. National Treatment. All goods, wares, and merchandize, which can or may be legally exported from the Ports of either of the two Countries, shall, on their export, pay the same duties of exportation, whether the exportation of such goods, wares, and merchandize, be made in British or in French Vessels, provided the said Vessels proceed, respectively, direct from the Ports of the one January 26, 1826.] FRANCE. 317 Country to those of the other. Arid all the said goods, wares and merchandize, so exported in British or French Vessels, shall be reciprocally entitled to the same bounties, drawbacks, and other allowances of the same nature, which are granted by the regulations of each Country, respectively. ARTICLE IV. Vessels. Most-favoured-nation Treatment. It is mutually agreed between the High Contracting Parties, that in the intercourse of Navigation between Their two Countries, the Vessels of any third Power shall, in no case, obtain more favourable conditions than those stipulated in the present Convention, in favour of British and French Vessels. ARTICLE V. Fishing-boats sheltering in Ports. The fishing-boats of either of the two Countries, which may be forced by stress of weather to seek shelter in the Ports, or on the Coast of the other Country, shall not be subject to any duties or port charges, of any description whatsoever : Provided the said boats, when so driven in by stress of weather, shall not discharge or receive on board any cargo, or portion of cargo, in the Ports, or on the parts of the Coast where they shall have sought shelter. ARTICLE VI. Provisions to be extended to Possessions in Europe. It is agreed that the provisions of the present Convention between the High Contracting Parties shall be reciprocally extended, and in force, in all the Possessions subject to then- respective Dominion in Europe. ARTICLE VII. Duration of Convention. The present Convention shall be in force for the term of ten years, from the Fifth of April of the present year ; and further, until the end of twelve months after either of the High Con- tracting Parties shall have given notice to the other of its intention to terminate its operation ; each of the High Con- tracting Parties reserving to Itself the right of giving such 318 FRANCE. [January 26, 1826. notice to the other, at the end of the said term of ten years : And it is agreed between Them, thai., at the end of the twelve months' extension agreed to on both sides, this Convention, and all the stipulations thereof, shall altogether cease and determine. ARTICLE VIII. Ratifications. The present Convention shall be ratified, and the Ratifica- tions shall be exchanged in London, within the space of one month, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms. Done at London, the twenty-sixth day of January, in the year of our Lord one thousand eight hundred and twenty-six. (L.S.) GEORGE CANNING. (L.S.) WILLIAM HUSKISSON. LE^PRINCE DE POLIGNAC. ADDITIONAL ARTICLES. ARTICLE I. Imports to Colonies in Vessels of either Country. National Treatment. From and after the first of October of the present year, French Vessels shall be allowed to sail from any Port whatever of the* Countries under the Dominion of His Most Christian Majesty, to all the Colonies of the United Kingdom, (except those possessed by the East India Company) and to import into the said Colonies all kinds of merchandize, (being pro- ductions the growth or manufacture of France, or of any Country under the Dominion of France) with the exception of such aspire prohibited to be imported into the said Colonies, or aie permitted to be imported only from Countries under the British Dominion ; and the said French Vessels, as well as the merchandize imported in the same, shall not be subject, in the Colonies of the United Kingdom, to other or higher duties than those to which British Vessels may be subject, on importing the same merchandize from any Foreign Country, or which are imposed upon the merchandize itself. The same facilities shall be granted, reciprocally, in the Colonies of France, with regard to the importation, in British January 26, 1826.] FRANCE. 319 Vessels, of all kinds of merchandize, (being productions the growth and manufacture of the United Kingdom, or of any Country under the British Dominion) with the exception of such as are prohibited to be imported into the said Colonies, or are permitted to be imported only from Countries under the Dominion of France. And whereas all goods, the produce of ;my Foreign Country, may now be imported into the Colonies of the United Kingdom, in the Ships of that Country, with the exception of a limited List of specified Articles, which can~T3irry be imported into the said Colonies in British Ships, His Majesty the King of the United Kingdom reserves to Himself the power of adding to the said List of excepted Articles any other, the produce of the French Dominions, the addition whereof may appear to His Majesty to be necessary for placing the Com- merce and Navigation to be permitted to the Subjects of each of the High Contracting Parties with the Colonies of the other upon a footing of fair reciprocity. ARTICLE II. 4 Exports from Colonies in Vessels of either Country. Bounties, Drawbacks, &c. National Treatment. From and after the same period, French Vessels shall be allowed to export from all the Colonies of the United Kingdom (except those possessed by the East India Company) all kinds of merchandize, which are not prohibited to be exported from such Colonies in Vessels other than those of Great Britain ; and the said Vessels, as well as the merchandize exported in the same, shall not be subject to other or higher duties than those to which British Vessels may be subject, on exporting the said merchandize, or which are imposed upon the merchandize itself; and they shall be entitled to the same bounties, draw- backs, and other allowances of the same nature, to which British Vessels would be entitled, on such exportation. The same facilities and privileges shall be granted, recipro- cally, in all the Colonies of France, for the exportation, in British Vessels, of all kinds of merchandize, which are not prohibited to be exported from such Colonies in Vessels other than those of F ranee. These two Additional Articles shall have the same force and validity as if they were inserted, word for word, in the Convention signed this day. They shall be ratified, and the Ratifications shall be exchanged at the same time. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms. 320 FRANCE. [Jan. 26. 1826. Apr. 30, 1862. Done at London, the twenty-sixth day of January, in the year of our Lord one thousand eight hundred and twenty-six. (L.S.) GEORGE CANNING. (L.S.) WILLIAM HUSKISSON. (L.S.) LE PRINCE DE POLIGNAC. No. 60. CONVENTION BETWEEN GREAT BRITAIN AND FRANCE RELATIVE TO JOINT STOCK COMPANIES. Signed at Paris, April 30, 1862.* [Ratifications exchanged at Paris, May 15, 1862.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of the French, having judged it expedient to come to an understanding in order to define, within their respective dominions and possessions, the position of commercial, industrial, and financial companies and associations constituted and authorized in conformity with the laws in force in either of the two countries, have resolved to conclude a Convention for that purpose, and have named as their Plenipotentiaries, that is to sav : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Henry Richard Charles Earl Cowley, Her Majesty's Ambassador Extraordinary and Plenipotentiary to the Emperor of the French ; And His Majesty the Emperor of the French, M. Edouard Antoine Thouvenel, Senator, His Minister and Secretary of State for the Department for Foreign Affairs ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles : ARTICLE I. Companies to have access to Tribunals. The High .Contracting Parties declare that they mutually grant to all Companies and other Associations, commercial, industrial, or financial, constituted and authorized in conformity * Signed also in French. April 30, 1862.] FRANCE. 321 with the laws in force in either of the two countries, the power of exercising all their rights, and of appearing before the Tribunals, whether for the purpose of bringing an action, or for defending the same, throughout the dominions and possessions of the other Power, subject to the sole condition of conforming to the laws of such dominions and possessions. ARTICLE II. Application of Convention to Companies, &c., constituted previously to its Signature. It is agreed that the stipulations of the preceding Article shall apply as well to Companies and Associations constituted and authorized previously to the signature of the present Convention, as to those which may subsequently be so con- stituted and authorized. ARTICLE III. Duration of Convention. The present Convention is concluded without limit as to duration. Either of the High Powers shall, however, be at liberty to terminate it by giving to the other a year's previous notice. The two High Powers, moreover, reserve to themselves the power to introduce into the Convention, by common consent, any modifications which experience may show to be desirable, ARTICLE IV. Ratifications. The present Convention shall be ratified, and the ratifica- tions shall be exchanged at Paris in fifteen days, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done in duplicate at Paris, the 30th of April, 1862. (L.S.) COWLEY. (L.S.) THOUVENEL, [536] 322 . FRANCE. [February 38, 1882, No. (31. CONVENTION BETWEEN GREAT BRITAIN AND FRANCE TO REGU- LATE THE COMMERCIAL AND MARITIME RELATIONS TJIE TWO COUNTRIES. Signed at Paris, February 28, 1882.' [Ratifications exchanged at Paris, May 12, 1882.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the President of the French Republic, being equally animated with the desire of maintaining the ties of friendship which unite the two countries, and considering that the Treaties prolonged by the Declaration of the 4th of this month are to come to an end on the 1st March next, have determined to conclude a Convention to regulate the commercial and maritime relations of the two countries, as well as the status of their subjects, and they have, accordingly, appointed their respective Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Richard Bickerton Pemell Viscount Lyons, a Peer of the United Kingdom of Great Britain and Ireland, Knight Grand Cross of the Most Honourable Order of the Bath, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, one of Her Britannic Majesty's Most Honourable Privy Council, and Her said Majesty's Ambassador Extraordinary and Plenipotentiary to the Government of the French Republic ; And the President of the French Republic, M. Louis Charles de Saulces de Freycinet, Senator, President of the Council, Minister of Foreign Affairs, Officer of the National Order of the Legion of Honour ; M. Pierre Tirard, Deputy, Minister of Commerce; and M. Maurice Rouvier, Deputy, formerly Minister of Commerce and of the Colonies ; 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. Imports. Customs Tariff. Most -favoured-nation Treatment. The Customs Tariff for goods the produce or manufacture of the United Kingdom on their importation into France and * Signed also in French. February 28, 1882.] FRANCE. 323 Algeria, and for goods the produce or manufacture of France or Algeria on their importation into the United Kingdom being from henceforth regulated by the internal legislation of each of the two States,* the High Contracting Parties guarantee to each other reciprocally in the United Kingdom and in France and Algeria in all other matters the treatment of the most- favoured-nation. Commerce and Industry. Most-favourcd-nation Treatment. It is therefore understood that, with the exception above stated, each of the High Contracting Parties engages to give the other immediately and unconditionally the benefit of every favour, immunity or privilege in matters of commerce or industry which have been or may be conceded by one of the High Contracting Parties to any third nation whatsoever, whether within or beyond Europe. Transit, Warehousing, Exportation, Re-exportation, Local Dues, Brokerage, Customs Formalities, Trade, Residence, Professions, Taxes, &c., Legal Rights, Acquisition and Disposal of Property.- >' Most-favoured-nation Treatment. It is likewise understood that in all that relates to transit, warehousing, exportation, re-exportation, local dues, brokerage, Customs formalities, samples, and likewise in all matters relating to the exercise of commerce and industry, and in respect to residence, whether temporary or permanent, the exercise of any calling or profession, the payment of taxes or other impositions, and the enjoyment of all legal rights and privileges, including the acquiring, holding, and power of disposing of property, British subjects in France or in Algeria, and French in the United Kingdom, shall enjoy the treatment of the most favoured nation. ARTICLE II. Transit : Exemption from Duties. Most-favoured-nation Treat- ment. Prohibitions : Munitions of War, Spurious Imitations. Sanitary Precautions, &c. The transit of goods of all kinds to and from the United Kingdom shall be free from all transit duties in France and Algeria, and the transit of goods to and from France and Algeria shall be free from all transit duties in the United Kingdom. The two Governments reserve the faculty of excluding from transit arms and munitions of war, and spurious imitations. * By a French law promulgated on the 27th February, 1882, it was declared that from that date goods of English origin or manufacture should be liable on their entry into France to the same treatment as those of the most favoured nations, with the exception of Colonial produce, which, it was declared, would remain subject to the General Customs Tariff. Par- liamentary Paper, ''Commercial No. 9 (1882)," p. 286, [536] Y 2 324 FRANCE. [February 28, 1882, The treatment of the most favoured nation is reciprocally guaranteed to each of the two countries in all that concerns transit. It is understood that each of the two High Contracting Parties reserves to itself to decide as regards goods and merchandize passing from one or other of the two countries, on such prohibitions or temporary restrictions of import, export, or transit which they may think necessary to enforce for sanitary reasons, to prevent the spread of cattle diseases, or the destruction of crops, or in view of events of war, ARTICLE III. Prohibitions of Imports and Exports. Most-fawurcd-nation Treatment. The High Contracting Parties engage not to enforce one against the other any prohibition of importation or exportation which shall not at the same time be applicable to all other nations. ARTICLE IV. Duties of Octroi, Excise and Internal Consumption. National Treatment, Goods, the produce or manufacture of the United Kingdom imported into France or Algeria, shall not be subject to any other or higher duties of octroi, excise, or internal consumption than those which are or may be charged upon the like goods of French origin ; and in like manner goods, the produce or manufacture of France or Algeria, imported into the United Kingdom shall not be subject to any other or higher duties of octroi, excise, or internal consumption than those which are or may be charged upon the like goods of British origin. ARTICLE V. Importation of Machinery. The importer of machines and mechanical instruments, complete or in detached pieces, shall be exempt from the obligation of producing at the Customs any model or drawing of the imported article. ARTICLE VI Commercial Travellers' Patterns and Samples. Articles liable to duty, serving as patterns or samples, which shall be introduced into the United Kingdom by French com- February 28, 1882.] FRANCE. 325 mercial travellers, or into France and Algeria by commercial travellers of the United Kingdom, shall be admitted free of duty, subject to the following formalities requisite to insure their being re-exported or placed in bond : 1. The officers of Customs at any port or place at which the patterns and samples may be imported shall ascertain the amount of duty chargeable thereon. That amount must either be deposited by the commercial traveller at the Custom- house in money, or ample security must be given for it. 2. For the purpose of identification, each separate pattern or sample shall, as far as possible, be marked by the affixing of a stamp, or by means of a seal being attached to it. 3. A permit or certificate shaJl be given to the importer which shall contain (a.) A list of the patterns or samples imported, specifying the nature of the goods, and also such particular marks as may be proper for the purpose of identification ; (b.) A statement of the duty chargeable on the patterns or samples, as also whether the amount was deposited in money, or whether security was given for it ; (c.) A statement showing the manner in which the patterns or samples were marked ; (d.) The appointment of a period, which at the utmost must not exceed twelve months, at the expiration of which, unless it is proved that the patterns or samples have been previously- re-exported or placed in bond, the amount ol duty deposited will be carried to the public account or the amount recovered under the security given. No charge shall be made to the importer for the above permit or certificate, or for marking for identification. 4. Patterns or samples may be re-exported through the Custom-house through which they were imported, or through any other. 5. If before the expiration of the appointed time (paragraph 3 d) the patterns or samples should be presented at the Custom- house of any port or place for the purpose of re-exportation or being placed in bond, the officers at such port or place must satisfy themselves by examination whether the articles which are brought to them are the same as those for which the permit of entry was granted. If so satisfied, the officers will certify the re-exportation or deposit in bond, and will refund the duty which had been deposited, or will take the necessary steps for discharging the security. ARTICLE VII Vessels and Cargoes.- National Treatment. British ships and their cargoes shall in France and Algeria, and French ships and their cargoes shall, in the United Kingdom 32 G RRAXOH. [February 28, 1SS2. of Great Britain and Ireland, from whatever place arriving, and whatever may be the place of origin or destination of their cargoes, be treated in every respect as national ships and their cargoes. ARTICLE VIII. Tonnage, Landing, and Shipping Dues. National Treatment. The two High Contracting Parties reserve to themselves the power of levying tonnage, landing or shipping dues in order to pay the expenses of all necessary establishments at the ports of importation and exportation, but all these dues, whether levied by the State, towns, Chambers of Commerce, or any other corporate body, shall never be other nor higher than those which are or may be applicable to national ships and their cargoes to whatever ports they may belong, the wish of the High Contracting Parties being that in this respect English and French vessels and their cargoes shall be treated on a footing of perfect equality. Stationing, Loading and Unloading of Vessels. Harbour Dues, &c. National Treatment. But in all that relates to local treatment the placing, loading, and unloading of vessels, as well as the dues and charges in the ports, basins, docks, roadsteads, harbours, and rivers of the two countries, and generally in respect of all formalities or regulations to which merchant-ships, their crews and cargoes are subject, the privileges, favours, or advantages which are or shall be granted to national vessels generally, or to the goods imported or exported in them, shall be equally granted to the vessels of the other country, and to the goods imported or exported in them. ARTICLE IX. Coasting Trade and Fisheries excepted. The coasting trade is excepted from the stipulations of the present Convention, and remains subject to the respective laws of the two countries. The fisheries are also excepted and remain subject to the special Conventions for the time being existing between and to the respective laws of the two countries. ARTICLE X, Trade-marks.* National Treatment. The subjects of each of the two High Contracting Parties hall, in the dominions of the other, enjoy the same protection February 28, 1NS2.J FRANC .K. '327 and be subject to the same conditions as native subjects in regard to the rights of property in trade-marks, names of firms, and other distinctive marks showing the origin or quality of goods, as well as in patterns and designs for manufacture. ARTICLE XL Exemption from Military Service, Forced Loans, &c.~ Landed Property cxccptcd. The subjects of the High Contracting Parties shall be exempted from military service, requisitions, and contributions of war, forced loans, advances, and other contributions leviable under exceptional circumstances in so far as these contributions are not imposed on landed property. ARTICLE XII. Duration of Convention. The present Convention shall come into operation on the IGth May, 1882. and remain in force until the 1st February, 1892. In case neither of the two High Contracting Parties should have notified twelve months before the said date the intention of putting an end to it, it shall remain binding until the expiration of one year from the day on which either of the two High Contracting Parties shall have denounced it. ARTICLE XIII. Ratifications. The ratifications of the present Convention shall be exchanged at Paris at latest on the 12th May, 1882. In witness whereof the respective Plenipotentiaries have signed the present Convention, and have thereto affixed their seals. Done in duplicate at Paris, the 28th day of February, in the year 1882. (L.S.) LYONS. (L.S.) C. DE FREYCINET. (L.S.) P. TIRARD. (L.S.) M. ROUVIER. 328 FRANCE. [October 23, 1889. NO. 62. DECLARATION BETWEEN GREAT BRITAIN AND FRANCE, WITH REFERENCE TO THE DISPOSAL OF THE PROCEEDS OF WRECKS ON THEIR RESPECTIVE COASTS. Signed at Paris, October 23, 1889.* THE Government of Her Majesty the Queen of the United Kingdom *of Great Britain and Ireland, Empress of India, and the Government of the French Republic, desiring to regulate by a new Agreement questions relative to the disposal of the proceeds of wrecks on the coasts of the two States, have agreed to replace the Declaration signed at London on the 16th June, 1879, by the following arrangements: ARTICLE I. Wrecks to be notified to nearest Consular Officer. When any ship belonging to the subjects of one of the two Contracting States is wrecked or stranded on the coast of the other, the competent local authorities shall, with as little delay as possible, bring the fact to the knowledge of the Consul-General, Consul, Vice-Consul, or Consular Agent nearest to the spot where the wreck or standing has taken place. ARTICLE II. Salvage Operations to le directed by Consular Officers. All operations relative to the salvage of British ships which may be wrecked or stranded on the coasts of France shall be directed by the Consuls-General, Consuls, Vice-Consuls, or Consular Agents of Great Britain, and reciprocally, the French Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall direct all operations relative to the salvage of ships of their nation wrecked or stranded on the coasts of Great Britain. ARTICLE III. Consular Officers to hand over Salvage Operations to Owners if so requested. If the owners of the ship and cargo, or their duly authorized representatives, shall be present and shall claim it, the Consuls- * Signed also in French. October 23, 1889.] FRANCE. 329 General, Consuls, Vice - Consuls, and Consular Agents shall hand over to them the conduct of the salvage operations after requiring the deposit of the ship's papers, as well as the reimbursement of the expenses already defrayed, and a sufficient guarantee for those incurred before the operations were handed over, and which may not have been already settled. ARTICLE IV. Intervention of Local Authorities. The intervention of the local authorities shall only take place in the two countries for the purpose of assisting the Consular authority, of maintaining order, of securing the interests of the salvors if they are strangers to the shipwrecked crews, and of assuring the due execution of the arrangements to be carried out for the entry and departure of the merchandize saved. In the absence, and until the arrival of the Consuls-General, Consuls, Vice-Consuls, or Consular Agents, the local authorities shall, moreover, take all necessary measures for the protection of the persons, and for the preservation of the articles which shall have been saved from the wreck. This intervention shall not give rise to any charges, with the exception of those which the salvage operations and the protection of the articles saved shall have rendered necessary, and those to which national ships would, under similar circum- stances, be liable. These charges shall be paid according to the circumstances of the case, either by the Agents of the Consular Service, or by their owners or their proxies. In case absence, sickness, or any other cause should prevent the Agents of the Consular Service from seeing to the operations and the management of the salvage, the local authorities who may be charged with the operations and management in question shall be bound to remit to the aforesaid Agents the ship's papers and the net proceeds of the ship and the cargo. ARTICLE V. Exemption of Salvage from Customs Duties. The merchandize and articles saved shall not be liable to any customs duties, unless they are intended for home con- sumption, in which case they shall pay the same duties as they would have had to pay if they had been imported in national vessels. ARTICLE VI. Application of Declaration to Colonies. The stipulations of the present Declaration shall be applic- able to all the Colonies and foreign possessions of Her Britannic 330 iniANCE. [October 23, 1889. Majesty, excepting to those hereinafter named, that is to say, except to India. The Dominion of Canada. Newfoundland. The Cape. Natal. New South Wales. Victoria. Queensland. Tasmania. South Australia. Western Australia. New Zealand. Provided always that the stipulations of the present Declaration shall be made applicable to any of the above- named Colonies or foreign possessions on whose behalf notice to that effect shall have been given by Her Britannic Majesty's Representative to the French Republic within one year from the date of the signature of the present Declaration. The stipulations of the present Declaration shall be applicable to all the Colonies and foreign possessions of France. ARTICLE VII. Duration of Convention. The present Declaration shall come into operation three months after the date of its signature, and shall remain in force until the expiration of one year from the day 011 which either Party may give notice of its intention to terminate it. In witness whereof the Undersigned Plenipotentiaries, his Excellency the Earl of Lytton, Ambassador of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and his Excellency M. Eugene Spuller, Minister for Foreign Affairs, have signed the present Declara- tion, and have affixed thereto their seals. Done at Paris, this twenty-third day of October, 1889. (L.S.) LYTTON. (L.S.) E. SPULLER. lA-I.ruury (5, 18W.J FRANCE. 331 No. 0:3. AGREEMENT BETWEEN GREAT BRITAIN AND FRANCE REGULATING THE COMMERCIAL RELATIONS BETWEEN CANADA AND FRANCE IN RESPECT OF CUSTOMS TARIFFS. Signed at Paris, February 6, 1893.' [Ratifications exchanged at Paris, October 4, 1895.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the President of the French Republic, being alike desirous of facilitating and extending commercial relations between Canada and France, have resolved to conclude an Agreement to this end, and have named as their Plenipo- tentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, his Excellency the Marquess of Dufferin and Ava, a Peer of the United Kingdom, a member of the Most Honourable Privy Council, Vice-Admiral of Ulster, Warden and Keeper of the Cinque Ports, Constable of the Castle of Dover, &c., &c., Her Ambassador Extraordinary and Plenipotentiary to the Government of the French Republic ; and Sir Charles Tupper, Baronet, High Commissioner for Canada in London ; The President of the French Republic, his Excellency M. Jules Develle, Deputy and Minister for Foreign Affairs, and his Excellency M. Siegfried, Deputy, Minister for the Depart- ment of Commerce, Industry, and of the Colonies; 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. Duties on French Wines, <&c., entering Canada. Wines, sparkling and non-sparkling, common soaps, " savons de Marseille " (Castile soaps), and nuts, almonds, prunes, and plums of French origin entering Canada shall enjoy the following advantages : 1. Non-sparkling wines gauging 15 degrees by the cen- tesimal alcoholmeter, or less, or according to the Canadian system of testing, containing 26 per cent., or less, of alcohol, * Signed also in French. 332 FRANCE. [February 6, 1893. and all sparkling wines, shall be exempted from the surtax or ad valorem duty of 30 per cent. ; 2. The present duty charged on common soaps, " gavons de Marseille" (Castile soaps), shall be reduced by one-half; 3. The present duty charged on nuts, almonds, prunes, and plums, shall be reduced by one-third. ARTICLE II. Commercial Privileges in Canada. Most-favoured-nation Treatment. Any commercial advantage granted by Canada to any third Power, especially in Tariff matters, shall be enjoyed fully by France, Algeria, and the French Colonies. ARTICLE III. Certain Canadian Articles to enjoy French Minimum Tariff. The following articles of Canadian origin imported direct from that country accompanied by certificates of origin shall receive the advantage of the Minimum Tariff on entering France, Algeria, or the French Colonies ; Canned meats ; Condensed milk, pure ; Fresh-water fish, eels ; Fish preserved in their natural form ; Lobsters and crayfish preserved in their natural form ; Apples and pears, fresh, dried, or pressed; Fruits preserved, others ; Building timber, in the rough or sawn ; Wood pavement ; Staves ; Wood pulp (cellulose) ; Extract of chesnut, and other tanning extracts; Common paper, machine made ; Prepared skins, others, whole ; ' Boots and shoes ; .furniture of common wood ; Furniture other than chairs, of solid wood, common ; Flooring, in pine or soft wood ; Wooden sea-going ships. Reduction of French Duty. Most-fawured-nation Treatment. It is understood that the advantage of any reduction of duty granted to any other Power on any of the articles enumerated above shall be extended fully to Canada. Feb. 6, 1893. Sept, 18, 1897.] FRANCE. 333 ARTICLE IV. Ratifications. The present Agreement having received the sanction of the Parliament of Canada and of the French Chambers, shall be ratified, and the ratifications shall be exchanged at Paris as soon as possible. Duration of Convention. It shall come into operation immediately after this formality has been accomplished, and shall continue in force until the expiration of twelve months after either of the Contracting Parties shall have given notice of their intention of terminating the same. France may terminate Treaty if Canadian Duty on Sparkling Wine is increased. It is agreed likewise that if non-sparkling wines gauging 15 degrees at the most, or sparkling wines become subject later on to an increase of duty in Canada, the French Government by denouncing the present Agreement could terminate its operation immediately without waiting until the expiration of the twelve months' delay provided for above. In witness whereof the respective Plenipotentiaries have signed the present Agreement, and affixed thereto the seals of their arms. Done in duplicate at Paris, this 6th day of February, 1893. (L.S.) DUFFERIN AND AVA. (L.S.) CHARLES TUPPER. (L.S.) JULES DEVELLE. (L.S.) JULES SIEGFRIED. No. 64. CONVENTION BETWEEN GREAT BRITAIN AND FRANCE RELATIVE TO TUNIS. Signed at Paris, September 18, 1897.* [Ratifications exchanged at Paris, October 15, 1897.] WITH a view to determine the relations of the United Kingdom of Great Britain and Ireland and France, in the * Signed also in French. 334 FRANCE. [September 18, 1897. Regency of Tunis, and to clearly define the position as estab- lished by Convention of the aforesaid United Kingdom in the Regency, the Undersigned, duly authorized by their respective Governments, have agreed as follows : ARTICLE I. Treaties between the United Kingdom and France extended to Tunis. The Treaties and Conventions of every kind in force between the United Kingdom of Great Britain and Ireland and France are extended to the Regency of Tunis. Privileges of British Consuls in Tunis. The Government of Her Britannic Majesty will abstain from claiming for its Consuls, its subjects, and its establishments in the Regency of Tunis other rights and privileges than those secured for it in France. Most-favoured-nation Treatment in Tunis. France excepted. Moreover the treatment of the most favoured nation, which is secured on either side by the aforementioned Treaties and Conventions, and the reciprocal enjoyment of the lowest Customs Tariff are guaranteed to the United Kingdom of Great Britain and Ireland in the Regency of Tunis and to the Regency of Tunis in the United Kingdom fora period of forty years from the date of the exchange of ratifications of the present Agree- ment. All merchandize and all manufactured goods, the produce of the United Kingdom, imported into the Regency of Tunis, either directly, or after transhipment at Malta, shall enjoy the advantages conceded by the present Article. It is further understood that the treatment of the most favoured nation in the Regency of Tunis does not comprise the treatment enjoyed by France. ARTICLE II. Import Duties in Tunis on British Cotton Goods. Cotton goods, the produce of the United Kingdom and of British Colonies and possessions, shall not be subject in the Regency of Tunis to import duties higher than 5 per cent, ad valorem at the port of discharge. They shall not be charged with any other tax or impost whatsoever. This provision shall remain in force until the 3.1st December, 2, and, after that date, until the expiration of six months from September 18, 1897.] FRANCE. 335 g* 1898 -J the day on which one of the Contracting Parties shall have notified to the other its intention of terminating its operation, ARTICLE III. Ratifications. The present Agreement shall be ratified, and the ratifications thereof shall be exchanged at Paris as soon as possible. It shall come into force immediately after the exchange of ratifications. The existing Customs Tariff on imports into the Regency of Tunis shall, however, continue to be applied until the Slst December, 1897. Done at Pans, in duplicate, the 18th September, 1897. (L.S.) EDMUND MONSON. (L.S.) G. HANOTAUX. No. 65. EXCHANGE OF NOTES BETWEEN GREAT BRITAIN AND FRANCE AS TO THE RECIPROCAL PROTECTION OF TRADE-MARKS IN CHINA. April 20 (No. 1.) M. G-eoffray to the Marquess of Salisbury. M. le Marquis, Londres, le 20 Avril, 1898. YOTRE Seigneurie n'est pas sans savoir que I'Arrangement iutervenu en 1895 entre les Gouvernements Fran^ais et Anglais, en vue d'assurer la protection reciproque au Maroc des marques de fabrique Francaises regulierement enregistrees en Angleterre, et des marques Anglaises regulierement en- registrees en France, a produit les resultais les plus satisfaisants au point de vue de 3 a repression de la contrefa9on dans les fitats de Sa Majeste Cherifienne. En presence de cet heureux resultat, mon Gouvernement estimant qu'il y aurait utilite a faire une application nouvelle du principe d'assurance mutuelle ainsi consacre dans les notes echangees en 1894 entre la France et FAngleterre a Tanger, m'a charge de demander a votre Seigneurie si le Gouvernement de Sa Majeste Britannique ne serait pas dispose a conclure uii nouvel Arrangement qui aurait cette fois pour objet d'assurer la protection reciproque en Chine des marques Fra^aises .et 336 FRANCE. L~> 1898. Anglaises dans les conditions dans lesquelles est intervenu 1'accord concernant le Maroc. M. Hanotaux estime que, le cas echeant, FArrangement a intervenir pourrait revetir la forme d'un eehange de notes eiitre le Cabinet Britannique et 1'Ambas- sadeur de la Republique a Loiidres ; il se plait a penser que votre Seigneurie se montrera sensible a 1'utilite que pre- senterait un sernblable accord au moment ou la Chine, dont la legislation n'assure aucune protection serieuse aux marques de f'abrique, ouvre plus largement ses marches aux produits de I'industrie Europeenne. Je serais tres oblige a votre Seigneurie de vouloir bien me faire connaitre la suite dont la presente communication lui aura paru susceptible, Je me permets de saisir cette occasion pour rappeler a votre Seigneurie les ouvertures que I'Ambassadeur de France a faites au Cabinet Britannique a la date du 14 Mai, 18J96, a 1'effet d'arriver a un Arrangement de rneme nature en ce qui concerno 1'Empire Ottoman, Veuillez, &c. (Signe) GEOFFEAY. (No. 2,) Mr. Balfour to M. Geoffray. Sir, Foreign Office, August 29, 1898. IN your note of the 20th of April last you conveyed to the Marquess of Salisbury the wish ot the French Government to enter into an arrangement with this country for the mutual protection of trade-marks in China similar to that concluded in Morocco between Great Britain and France in the year 1895. I have the honour to inform you that it has been necessary, before a definite answer could be sent to you, to. consult the Board of Trade, and the Law Officers of the Crown, which lias led to some delay. 1 have now, however, the pleasure of stating that Her Majesty's Government are prepared to enter into an arrange- ment such as you propose for the protection of the trade-marks of the two countries in China, which will enable French nationals to obtain protection in the British Consular Courts by registering their marks in this country in cases in which they can be properly registered under English law, and at the same time obtain for British nationals who register their marks in France the protection of the French Consular Courts. The necessary steps are being taken for the issue of an Order in Council to give effect to such an arrangement. 1 have, &c., (Signed) A. J. BALFOUR, Oct.-Nov. 1899.] FRANCE. 337 No. 06. EXCHANGE OF NOTES BETWEEN GREAT BRITAIN AND FRANCE KESPECTING THE WAIVER OF CONSULAR FEES ON THE ISSUE OF CERTIFICATES OF ORIGIN. October-November 1899. (No. 1.) Sir . Monson to M. Delcasse. M. le Ministro, Paris, October 2, 1899. I HAVE the honour to inform your Excellency that I com- municated to Her Majesty's Government a copy of M. Waldeck- Rousseau's note of the 2nd August last, stating the bases on which the Government of the French Republic are ready to come to an Agreement with Her Majesty's Government with regard to reciprocity for the waiver of certain Consular fees charged for attesting certificates of origin. I have now received instructions from the Marquess of Salisbury to inform your Excellency that Her Majesty's Govern- ment agree to the proposed arrangement, and having been authorized to proceed to an exchange of notes with your Excellency, I beg that you will be so good as to communicate to me the draft of a note embodying the terms suggested in M. Waldock-RousGeau's note above referred to. I have. &c. (Signed) EDMUND MONSON. (No. 2.) M. Delcassd to Sir E. Monson. M. 1'Ambassadeur, Paris, le 13 Octobre, 1899. VOTRE Excellence a bien voulu me faire connaitre, par une lettre du 2 de ce mois, que le Gouvernement Britannique etait dispose a conclure avec le Gouvernement de la Republique un arrangement coiicernant la gratuite de la delivrance ou du visa des certificate d'origine par les autorites Consulates des deux pays, sur les bases indiquees dans la depeche de mon Departe- ment du 2 Aout dernier. En reponse a cette communication et pour donner suite a ce projet d' entente, j'ai 1'honneur de porter a la connaissanco de votre Excellence que le Gouvernement de la Republique a decide qu'a 1'avenir [536] Z 338 FRANCE. [Oct.-Nov. 1899. 1. Les Consuls Francais dans le Royaume-Uni delivreront gratuitement les certificats d-'origine qui lui seront demandes. 2. Les certificats d'origine delivres par les autorites locales autres que les Douanes, a savoir, par les Maires, 1'es Magistrals, les Chambres de Commerce, . &c., seront soumis, comme par le passe, a 1'obligation du visa Consulaire, rnais ce visa ne donnera lieu dorenavant a la perception d'aucune taxe. 8, Les certificats d'origine emanant des Douanes Anglaises lorsqu'ils seront munis du cachet de ces Douanes et qu'aucun doute ne s'elevera sur leur autbenticite, continueroiit a etre admis par les Douanes Francaieea sans visa ou legalisation Consulaire. Je serais reconnaissant a votre Excellence d,e vouloir bien, de son cote, me donner, au nom de son Gouvernement, 1'assurance que par reciprocite 1. Les autorites Consulaires Britanniques en France de- livreront gratuitement les certificats d'origine qui leur seront demandes. 2. Les certificats d'origine dresses par les autorites locales Francaises seront vises sans frais par les Agents Consulaires Britanniques en France. 3. Les certificats d'origine emanant des Douanes Francaises et munis de leurs cachets seront admis par les Douanes Anglaises sans visa Consulaire. Les deux Gouvernements seront d'ailleurs libres de meitre fin a toute epoque a 1'accord ainsi intervenu entre eux. Des que votre Excellence aura bien voulu me faire connaitre que son Gouvernement est entierement d'accord sur ces differents points avec le Gouvernement de la Republique, je m'empresserais de donner les instructions necessaires pour la mise en application des dispositions ainsi arretees en principe. Agreez, &c. (Signe) DELCAS8E. (No. 3.) Sir E, Monson to M, Ddtusse. M. le Ministre, Paris, November 15, 1899. I HAVE the honour to acknowledge the receipt of your Excel- lency's.note of the 13th ultimo, informing me of the Regulations which the Government of the Republic have laid down with regard to the gratuitous issue in future of certificates of origin by French Consuls resident in the United Kingdom. While thanking your Excellency for this communication, I am authorized to inform you that Her Majesty's Government Oct. -Nor. 1899. June 27, 1901.] 1MIANCE. 339 will, in return, issue forthwith the reciprocal directions to British Consuls resident in France, who will be instructed 1. To deliver gratuitously upon application certificates of origin. 2. To legalize (" viser ") without charge a certificate of origin drawn up by the local French authorities. The British Customs authorities also will be instructed to recognize certificates of origin issued by the French Customs and bearing their seal. It is understood that the two Governments are at liberty to terminate at any moment the agreement now come to between them. 1 would suggest that the new Regulations .should come into force in both countries on the 1st January, 1900. I have, &c. (Signed) EDMUND MONSON. No. 67. AGREEMENT BETWEEN GREAT BRITAIN AND FRANCE RE- SPECTING COMMERCIAL RELATIONS BETWEEN FRANCE AND ZANZIBAR. Signed at London, June 27, 1901.* [Ratifications exchanged at London, February 22, 1902.] His Britannic Majesty's Government, acting in the name of His Highness the Sultan of Zanzibar, on the one part, and the Government of the French Republic, on the other, being desirous of regulating certain points of the commercial relations between France and that part of the Sultanate of Zanzibar which is placed under the Protectorate of His Britannic Majesty, have come to the following Agreement: ARTICLE I. .Duties on French Brandy in Zanzibar. The valuation of 25 shillings fixed as the minimum by the Regulation of the 8th of May,- 1898, per case of 12 bottles of * Signed also in French. [536] Z 2 340 FRANCE. [June 27, 1001. Apr. 16,1902. brandy or liqueur imported into the possessions of His Highness the Sultan of Zanzibar, under British protection, shall hence- forward be reduced to 20 shillings on brandy or liqueur originating in France, Algeria, the French Colonies and posses- sions, or in the Protectorates of Indo- China and Tunis. ARTICLE II. Zanzibar Produce. Most-fawurcd-nation Treatment. In return, therefore, colonial produce (" denrees coloniales de consoinmation ") originating in the possessions of His Highness the Sultan of Zanzibar under British protection shall enjoy, on their importation into France, into Algeria, into the French Colonies and possessions, and into the Protectorates of Indo-China and Tunis, the lowest customs duties applicable to similar produce of any other foreign country. In faith of which the respective Plenipotentiaries have signed the present Agreement, and have sealed it with their arms. Done in duplicate, at London, the 27th June, 1901. "(L.S.) LANSDOWNE. (L.S.) PAUL CAMBON. No. 68. CONVENTION BETWEEN GREAT BRITAIN AND FRANCE RESPECTING COMMERCIAL RELATIONS BETWEEN FRANCE AND THE SEYCHELLES ISLANDS. Signed at London, April 16, 1902,* [Ratifications exchanged at London* March 27, 1905.] 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 the President of the French * Signed al,so in French, April 16, 1902.] FRANCE. 341 .Republic, desiring to facilitate the commercial relations between France and the Seychelles Islands, have resolved to conclude a Convention to that effect, and have named as their respective Plenipotentiaries : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Most Honourable Henry Charles Keith Petty-Fitzmaurice, Marquess of Lansdowne, Principal Secretary of State for Foreign Affairs ; and The President of the French Republic, M. Paul Cambon, Ambassador of the French Kepublic at London ; Who, having reciprocally communicated their full powers, found in good and due form, have agreed as follows : ARTICLE I. Seychelles Products. Jfost-favoured-nation Treatment. The following colonial products: coffee, cocoa, pepper, pimento, amomums and cardamoms, cinnamon, cassia lignea, nutmegs, mace, cloves, vanilla, and tea, produce of the Sey- chelles Islands, shall enjoy, 011 importation into France, Algeria, French Colonies and possessions, and the Protectorates of Indo-China and Tunis, the lowest customs duties applicable to similar products of any other foreign origin. . ARTICLE II. French Products. Most-favoured-nation Treatment. Reciprocally, the natural and manufactured products of France, Algeria, French Colonies and possessions, and the Protectorates of Indo-China and Tunis, shall enjoy, without restriction or reserve on importation into the Seychelles Islands, the lowest customs duties applicable to similar products of other foreign origin. Duties on French Wine, Haberdasher y> &c. Further, the duties on wine produced in France, Algeria, French Colonies and possessions, and the Protectorates of Indo-China and Tunis shall be reduced as follows : From 10 to 9 rupees for wine in casks ; from 4 to 2 rupees per dozen bottles for wine in bottles. The ad valorem duties on articles of clothing and haberdashery produced in France, Algeria, French Colonies and possessions, and the Protectorates of Indo-China 342 FRANCE. [Apr. 16, i'JU2. Aug. 8, 1902. and Tunis shall, on importation into the Seychelles Islands, be reduced from 15 to 12^ per cent. ARTICLE III. Certificates of Origin. The certificates of origin which may be required for the admission of goods to the preferential conditions stipulated in the present Treaty, shall be vise by French Consuls and by British Consuls without levying Consular fees. ARTICLE IV. Ratifications. Duration of Convention. The present Convention shall be ratified by the two Governments as soon as possible, and the ratifications shall be exchanged at London. It shall come into effect immediately after the exchange .of ratifications, and shall remain in force until the expiration of a year from the day on which one of the High Contracting Paties shall have announced the intention of terminating it. In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done in London, in duplicate, the 16th day of April, 1902. (L.S.) LANSDOWNE. (L.S.) PAUL CAMBON. No. 69. CONVENTION BETWEEN GREAT BRITAIN AND FRANCE RESPECTING COMMERCIAL RELATIONS BETWEEN FRANCE AND JAMAICA, Signed at London^ August 8, 1902/ [Ratifications exchanged at London, August 12, 1903.] His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the * Signed also in French* August 8, lyuu.j ,RRANCl 343 Seas, Emperor of India, and the President of the French Republic, desiring to facilitate the commercial relations between France and Jamaica, have resolved to conclude a .Convention to that effect, and have named as their respective Plenipotentiaries : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Most Honourable Henry Charles Keith Petty-Fitzmaurice, Marquess of Lansdowne. His Majesty's. Principal Secretary of State for Foreign Affairs : and The President of the French Republic,. M. Paul Cambon, Ambasssador of the French Republic at London; Who, having reciprocally communicated their full powers, found in good and due form, have agreed as follows I- ARTICLE 1. Jamaica Produce.- Most-fawured-nation Treatment. The following colonial products : coffee, cocoa, pepper, pimento, amomums and cardamoms, cinnamon, cassia lignea, nutmegs, mace, cloves, vanilla, and tea, produce of Jamaica, shall enjoy on importation into France, Algeria, French Colonies and possessions, and the Protectorates of Indo-China and Tunis, the lowest customs duties applicable to similar products "of any other foreign origin. ARTICLE II. French Produce. Most- favoured-nation Treatment. Reciprocally, the natural and manufactured products, of France, Algeria, French Colonies and possessions, and the. Protectorates of Indo-China and Tunis, shall enjoy without restriction or reserve, on importation into Jamaica, the lowest customs duties applicable to similar products of other foreign origin. ARTICLE III, Certificates of Origin The certificates of origin which may be required for the admission of goods to the preferential conditions stipulated -in. the present Treaty shall be visfo by French Consuls and by British Consuls without levying Consular fees. 344 FRANCE, [Aug. 8, 1902. Feb. 10, 1903. ARTICLE IV. Ratifications. Duration of Convention. The present Convention shall be ratified as soon as possible, and the ratifications bhall be exchanged at London. It shall come into effect immediately after the exchange of ratifications, and shall remain in force until the expiration of one year from the day on which one of the High Contracting Parties shall have announced its intention of terminating it. In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done at London, in duplicate, the 8th day of August, 1902. (L.S.) LANSDOWNE. (L.S.) PAUL CAMBON. No. 70, CONVENTION BETWEEN GREAT BRITAIN AND FRANCE RESPECTING COMMERCIAL RELATIONS BETWEEN FRANCE AND INDIA. Signed at London, February 19, 1903.' [Ratifications exchanged at London, March 27, 1905.] 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 the President of the French Republic, desiring to facilitate the commercial relations between France and India, have resolved to conclude a Convention to that effect, and have named as their respective Plenipo- tentiaries : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Most Honourable Henry Charles Keith Petty-Fitzmaurice, Marquess of Lansdowne, Principal Secretary of State for Foreign Affairs ; and The President of the French Republic, M. Paul Cambon, Ambassador of the French Republic at London ; * Signed also in French. February 19, 1903.] FRANCE. 345 Who, having reciprocally communicated their full powers, found in good and due form, have agreed as follows : ARTICLE I. Indian Produce. Most-favoured-nation Treatment. The following colonial products: coffee, cocoa, pepper, pimento, amomums and cardamoms, cinnamon, cassia lignea, nutmegs, mace, cloves, vanilla, and tea, produce of India, shall enjoy, on importation into France, Algeria, French Colonies and possessions, and the Protectorates of Lido-China and Tunis, the lowest customs duties applicable to similar products of any other foreign origin. ARTICLE II. French Produce. Most-favoured-nation Treatment. Reciprocally, the natural and manufactured products of France, Algeria, French Colonies and possessions, and the Protectorates of Indo-China and Tunis, shall enjoy, without restriction or reserve, on importation into India, the lowest, customs duties applicable to similar products of other foreign origin, Duties on French Vinegar and Copperas. Further, the duties on vinegar in casks and copperas produced in France, Algeria, French Colonies and possessions, and the Protectorates of Indo-China and Tunis, and imported into India, shall not exceed 2^ per cent, ad valorem. ARTICLE III. Certificates of Origin. The certificates of origin which may be required for the admission of goods to the preferential conditions stipulated in the present Treaty shall be vise by French Consuls and by British Consuls without levying Consular fees. ARTICLE IV. Native States of India* The privileges and engagements comprised in this Con- vention shall extend to, native States of India which, by Treaty 346 FRANCE. [February 19,1903? with His Britannic Majesty or otherwise, may be eu titled to be placed with regard to the stipulations of the Convention on the same footing as British India. His Majesty's Government will communicate from time to time to the Government of the Republic a list of these States. ARTICLE V. Ratifications. Duration of Convention. The present Convention shall be ratified by the two Governments as soon as possible, and the ratifications shall bo exchanged at London. It shall come into effect immediately after the exchange of ratifications, and shall remain in force until the expiration of a year from the day on which one of the High Contracting Parties shall have announced the intention of terminating it. In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done in London, in duplicate, the 19th day of February, 1903. (L.S.) LANSDOWNE. (L.S.) PAUL CAMBON. No. 71. CONVENTION BETWEEN GREAT BRITAIN AND FRANCE RE- SPECTING COMMERCIAL RELATIONS BETWEEN FRANCE AND CEYLON. Signed at London, February 19, 1903.* [Ratifications exchanged at London, March 27, 1905.] 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 the President of the French Republic, desiring to facilitate the commercial relations between France and the Island of Ceylon, have resolved to * Signed also in French. February 18. Aucune partie des Dettes Garantie, Privilegiee, et Unifiee ne pourra etre remboursee avant les dates indiquees a 1'Article saivant, sous reserve, en ce qui concerne la Dette Garantie, des dispositions de 1'Article 33. 39. A partir du 15 Juillet, 1910, le Gouvernernent aura pleine liberte a reinbourser au pair les Dettes Garantie et Privilegiee, soit a une merne epoque, soit a des epoques diflerentes. II en sera de meme pour la Dette Unifiee a partir du 15 Juillet, 1912. 40. A partir de la meme date, il sera loisible au Gouverne- ment de verser a la Caisse de la Dette toute somme dont il pourrait disposer, pour etre employee a ramortissement de 1'une quelconque de ces dettes. 41. Tout amortissement prevu a 1'Article 33 ou a 1'Article 40 se fera par les soins de la Commission de la Dette. Lorsque le cours du marche est au-dessous du pair, il se fera par rachats au cours du marche. Dans le cas contraire il s'efFectuera au pair par voie de tirage. 42. Les tirages s'effectueront en seance publique ; dans le cas d'amortissement en vertu de FArticle 40, avis en sera donne au " Journal Officiel " deux mois d'avance. 43. Le remboursement des titres sortant au tirage aura lieu a partir de 1'echeance du coupon suivant. TlTRE III. Des Dettes Domaniale et Daira Saniek. Dette Domaniale. 44. Toute iiisuffisance des reverms des Domaines pour parfaire au service du coupon sera comblee par le Ministre des Finances dans les conditions prescrites par les Conventions passees entre le Gouvernemeiit et MM. de Rothschild. 45. Seront employes a 1'amortissement de la Dette Domaniale : April 8, 1904.] FRANCE. 359 (a.) Le produit des ventes des proprietes des Domaines ; (!}.) Les excedents des revenus nets des Domaiues apres paiement des coupons au taux actuel et des irnpots foiiciers dus an Gouvernement. Aucun autre mode d'amortisseinent n'est admis. 46. Lorsque le cours du marche est au-dessous du pair, I'amortissement se fera par rachats au cours du marche. Dans le cas contraire il s'efiectuera au pair par voie de tirage. 47. Sauf rarnortissement prevu a 1* Article 45, la Dette Domaniale rie pourra etre remboursee avant le l er Janvier, 1915. A partir de cette date, elle sera rernboursable au pair. 48. Les ventes des proprietes des Domaines pourront etre consenties moitie au comptant, moitie par annuites portant interet a 4'25 pour cent, et dont le nombre ne pourra exceder quinze. 49. Les porteurs des ancienues obligations domaniales hypothecates d'Egypte 5 pour cent seront dechus, quinze ans apres la date de la promulgation du Decret du 25 Mars, 1893, relatif a la conversion de ces obligations, du droit de reclamer les sommes ou les titres nouveaux qui pourront leur avoir ete dus par suite du remboursement ou de la conversion de leurs anciens titres. Toute somme devenant disponible par suite de cette prescription sera consideree comme faisant partie des r@veiius annuels des Domaines ; tout titre nouveau sera, dans les memes conditions, annule. Dette Da'ira Sanieh. 50. Les dispositions des Articles 45 et 46 seront applicables a la Dette Da'ira Sanieh. 51. Sous reserve des dispositions ci-dessus relatives a 1'amor- tissement, la Dette Daira Sanieh ne pourra etre remboursee avant le 15 Octobre, 1905. A partir de cette date elle sera remboursable au pair. TiTRE IV. Dispositions diverses. Transfert du Fonds de Reserve et des Economies de Conversion, &c. 52. Les titree de la Dette Publique et les sommes en especes actuellement deposes a la Caisse et representant le tbrids de reserve constitue conformemeiit au Decret du 12 Juillet, 1888, et les economies realisees par suite des conversions des ancieunes Dettes Privilegiee, Domaniale, et Daira Sanieh, coiifarmemeiit au Decret du 6 Juin, 1890, sont entiererneut liberes de leur affectation actuelle et seront verses au Mimstere des Finances, 360 FRANCE. [April 8, 1904. deduction f'aite d'une somme suffisante pour parfaire au fonds de reserve et au fonds de roulement prevus a 1'Article 27 du present Decret. 53. Seront egalement verses au Ministere des Finances tous les atitres fonds actuellement entre les mains de la Commission de la Dette. sous reserve des dispositions de 1'Article 56. Dans 1'application du present Article et du precedent, les titres retenus par la Caisse de la Dette entreront en compte au pair. liquidation de 1880. 54. Toute condamnation judiciaire resultant d'une reclama- tion centre le Gouvernement a raison de droits adquis anterieure- ment au l er Janvier, 1880, constates avant le l er Janvier, 1886, soit par une instance engagee devant les Tribunaux, soit par un accuse de reception emanant d'une Administration com- peteiite, soit par un acte d'huissier, sera payee integralement en 55. Le montant de ces condamnatioiis sera preleve, jusqu'a epuisement complet, sur la somme de 50.000L actuellement en depot a la Caisse de la Dette en titres de la Dette Privilegiee et representant le solde de 1'actit' de la liquidation de 1880. En cas d'insuffisance de cette somme, ces condamnations seront payees par le Gouvernement. 56. La soinme de 50,000/. ci-dessus continuera en depot a la Caisse de la Dette pour satisfaire aux condamnations resultant des reclamations en suspens. 57. Le inontant des coupons des titres qui le representent s'ajoutera aux fonds entre les mains de la Commission de la Dette affectes au service des Dettes Garantie, Privilegiee, et Unifiee. Tout excedent, apres satisfaction des reclamations en suspeiis, sera verse au Ministere des Finances. Aloukabalah. 58. Soiit maintenues, jusqu'au 30 Juiri, 1930, et suivant la repartition deja faite. les aimuites, s'elevant a la somme de E, 150,000 par an, actuellement admises en diminution des impots fonciers sur les terrains, a Tegard desquels la Moukabalah a ete payee anterieurenient a 1'annee 1880. 59. Coiitinueront a etre teiius a cet effet les registres etablis dans les villages ou sont (;onsignes de comptes ouverts a cliaque ayaiit droit, avec indication des annuites successives et designation detaillee par lieux dits, coiitenances et quotes-parts d'impots des terres auxquelles les aimuites sont applicables. 60. Chaque aimee, les annuites seront inscrites sur les " wirds" ou extraits de roles des contribuables eii diminution de irnpots fonciers. April 8, 1904] FRANCE. 36 1 61. A chaque mutation de taklif, la portion des annuites correspondant & la portion des terres alienees sera distraite, sur le registre, du compte de 1'ancien proprietaire et reportee an compte du nouveau. 11 sera delivre au nouveau proprietaire, par les soiiis du Moudir, un certifieat eiioi^ant le montaiit des annuites pour lesquelles il se trouvera inscrit sur le registre du village. Note en sera faite sur le certifieat de 1'aneien proprietaire. ou ce certifieat sera retire, suivaiit le cas. 62. Lors de 1'execution du cadastre, 1'evaluation des terres et la repartition de 1'impot seront laites sans tenir compte des annuites ci-deesus, 63. Les annuites prevues au present chapitre seront coii- siderees eomme une reduction de Pimpot foncier aux fins des Articles 30, 31, et 36 de la presente Loi. Prescriptions. 64. La prescription quinquenniale et la prescription de quinze ans etablies par les Articles 275 et "2 1 i du Code Civil *et declarees applicables aux Dettes Unifiee et Privilegiee par le Decret du 17 Juillet, 1880, continueront a etre applicables la premiere aux interets des obligations des Dettes Garantie, Privilegiee, et Unifiee, la seconde aux capitaux des memes obligations designees par le tirage pour Pamovtissemeiit. Les delais de prescription seront calcules d'apres le calendrier Gregorien. Le montaiit des interets et capitaux atteints par la prescription s'ajoutera aux fonds entre les mains de la Com- mission de la Dette affectes au service des dettes ci-dessus. 65. Les porteurs des titres des anciennes Dettes Privilegiee et Da'ira Sanieh seront dechus, quinze ans apres la date de la promulgation des Decrets du 7 Juin, 1890, ou du 5 Juillet, 1890, suivant le cas, relatifs a la conversion de ces dettes, du droit de reclamer les sommes ou les titres nouveaux qui ponrront leur avoir etc dus par suite du reimbursement ou de la conversion de leurs anciens titres. Toute somme ainsi que tout titre devenant disponible par suite de ces prescriptions seront verses au \linistere des Finances. Abrogations. 66. Sont et demeureront abroges sous reserve des dispositions du second alinea du present Article, les Decrets mentionnes a la premiere Annexe a la presente Loi, ainsi que les Articles de Decrets mentionnes a la seconde Annexe. Neanmoins, aucune de ces abrogations n'aura pour effet : (1.) De faire renaitre a Tencontre du Gouvernement aucune action qui avait etc ammlee par Tun des Decrets ci-dessus ineu- 362 FRANCE. [April 8, 1904. tionnes ou qui. imme'diatement avant 1'entree en vigueur de la presente Loi, serait prescrite ou perimee ; (2.) De rendre aucune juridiction competente pour con- naitre d'une reclamation dont, immediatemeiit avant 1'entree en vigueur de la presente Loi, elle etait incornpetente pour con- naitre (3.) De remettre en vigueur ancune disposition aaterieure de la Loi abrogee par Fun des dits Deere ts ; (4.) D'interrompre aucune prescription. Entrte en vigueur et execution. 67. La presente Loi entrera en vigueur treute jours apres sa promulgatiou au " Journal Officiel." 68. Nos Ministres sont charges, chacun en ce qui le concerne, de I'executioii de la presente Loi. Annex I. de Decrets abroges. Date du Decret. Le 6 Avril, 1876 Le 2 Mai, J876 Le 7 Mai, 1876 Le 25 Mai, 1876 Le 18 Novembre, 1876 Le 6 Decembre, 1876 Le 15 Decenibre, 1877 Le 30 Mars, 1879 Le 22 Avril, 1879 Le 25 Decembre, 1879 Le 3 Mars, Le 31 Mars, Le 26 Avril, Le 11 Mai, Le 6 Juillet, Le 12 Avril, Le 27 Juillet, Le 28 Juillet, 1880 1880 1880 1880 1880 1885 1885 1885 Objet. Suspension de paiement de bons et assigna- tions. Instituant la Caisse de la Dette. Unification de la Dette. Keglement d'execution du Decret du 7 Mai- 1876. Conversion de la Dette. Reglement d'execution du Decret du 18 No- vembre, 1876. Modifications des epoques du service de la Dette Unifiee. Suspension du service de I'Emprunt 1864. Reglement des dettes du Gouverneoient. Composition du Conseil d' Administration des C hem ins de Fer. Suspension de 1'amortissement de 1'Bmprunt 1864. Instituant une Commission de Liquidation. Paiement a 4 pour cent du coupon du l er Mai, 1880, de la Dette Unifiee. Suspension du service de I'Emprunt 1867. Suspension du service de TEmprimt 1865-()0. Retenue de 5 pour cent sur les coupons de la Dette jusqu'au l er Juin, 1885. Empruiit Garanti. Emission de I'Emprunt Garanti. April 8, 1904.] FRANCE. 363 Date du Decret. Le 22 Juin, 1886 Le 22 Juin, 1886 Le 12 Avril, 1887 Le 14 Juillet, 1887 Le 26 Janvier, 1888 Le 2 Avril, 1888 Le 30 Avril, 1888 Le 12 Juillet, 1888 Le 14 Juin, 1889 Le 19 Deceinbre, 1889 Le 2 Juin, 1890 Le 6 Juin, 1890 Le 7 Juin, 1890 Le 5 Juillet, 1890 Le 8 Novembre, 1890 Le 13 Janvier, 1891 Le 8 Decenibre, 1891 Le 18 Mars, 1893 Le 25 Mars, 1893 Le 29 Mai, 1893 Le 10 Fevrier, 1894 Le 10 Decembre, 1894 Le 15 Mai, 1895 Le 26 Novembre, 1898 Le 13 Novembre, 1899 Le 20 Janvier, 1900 Le 12 Juillet, 1900 Le 21 Mai, 1902 Objet. Emploi ties sommes provenant de I'Emprunt Garanti. Irrecevabilite de 1' opposition au paiement des coupons et au remboursement des litres de la dette. Paiement des coupons des Dettes Privilegiee et Unifiee a Berlin en or. Autorisant les Oommissaires de la Dette a fixer le change des paiernents de la Dette a Paris et a Berlin. Augmentation des depenses administratives. Augmentation des depenses administratives pour le service de la Corvee. Emprunt de E. 2,000,000. Constitution d'un fonds de reserve de E. 2,000,000. Augmentation des depenses administratives pour le service de la Corvee. Suppression de la Corvee. Modification de la date a laquelle sera arrete le compte des excedents de Revenus Affectes. Conversion des Dettes Privilegiee, Domaniale, et Dai'ra Sanieh. Execution de la conversion de la Dette Privi- legiee. Execution de la conversion de la Dette de la Da'ira Sanieh. Dates du remboursement des Dettes Privilegiee et Da'ira Sanieh. Cloture des operations de la conversion de la Dette Privilegiee. Augmentation des depenses administratives pour I'assainissement de la ville du Caire. Fixant a 4 pour cent le taux de la nouvelle Dette Domaniale. Execution de la conversion de la Dette Domaniale. Date du remboursement de la Dette Domaniale. Prelevement annuel de E. 5,000 sur le droit d'abatage. Affectation du droit de bacs sur les canaux. Modification de 1' Article 35 du Decret du 17 Juillet, 1880. Budget de la Commission de la Dette. Reduction de I'impdt foncier. Procedure pour les decisions de la Caisse de la Dette. Emploi des Economies remboursement et amor- tissement de la Dette Domaniale. Emprunt de E. 1,700,000. Augmentation du budget des depenses des chemins de fer. 364 FRANCE. Annex II. [April 8, Liste de Decrets abroges e,n partie. Date du Decret. Objet. Partie abrogee. Le 6 Janvier, 1880 Portant abrogation de la Les Articles 3, 4. Moukabalah Le 17 Juillet, 1880 Loi de Liquidation ... ... Les Articles 1-39, 63-98. Le 8 Mars, 1891 Loi sur les Patentes ... L' Article 1, 2, les Articles 2-29. Le 26 Decembre. 1891 Rattachant au Gouvernorat L' Article 4. d'Alexandrie le service des Contributions Le 28 Janvier, 1892 I Portant suppression de la Les Articles 2, 3, 4, corvee, &c. 6, 7. Le 25 Decembre, 1894 Portant prelevement annuel L' Article 7. de K. 40,000 sur les droits de phure, c. APPENDIX. (No. 1.) The Marquess of Lansdowne to M. Cambon. Your Excellency, Foreign Office, April 8, 1904. WITH reference to the Declaration which we have signed to-day relating to Egypt and Morocco, I have the honour to give to your Excellency, on behalf of His Majesty's Govern- ment, the following supplementary assurances, on which we have come to an agreement in the course of our discussions : 1. Measures will be taken by the Egyptian Government, in concert with the Caisse de la Dette, in order to insure, in any eventuality resulting from the Khedivial Decree annexed to the Declaration, that the staff of the Caisse will be treated in a manner at least as favourable as that in which the staff of the Da'ira Saniehwas treated by the decisions of the 14th December, 1899, and the 20th March, 1900. If within three years from the date of the Declaration any employes of the administration of the railways, telegraphs, and port of Alexandria are discharged in consequence of the appli- cation of these arrangements, they will have the right to be treated a provided in the preceding paragraph. 2. The rights of every description possessed by the " Society Generate des Sucreries et de la Raffinerie d'Sgypte " at the date April 8 1904.] FRANCE. 365 of the aforesaid Declaration in virtue of concessions of the Egyptian Government shall be maintained intact. I shall be obliged if, in acknowledging the receipt of this communication, your Excellency will confirm the acceptance by the Government of the French Republic of the agreement thus established. I have, &c. (Signed) LANSDOWNE. (No. 2.) M. Cambon to the Marquess of Lansdowne. Am~bassa.de de Frcwm, Londres, M. le Marquis, le 8 Avril, 1904. J'AI 1'honneur d'accuser reception a votfe Seigneurie de sa note de ce jour, contenant les assurances supplementaires que le Gouvernement de Sa Majeste Britannique veut bien danner a mon Gouvernement pour completer la Declaration change e a la date d'aujourd'hui an sujet de 1'Egypte et du Maroc. Ces assurances sont les suivantes: 1. Des dispositions seront prises par le Gouvernement IJlgyptien d'accord avec la Commission de la Dette afin d'assurer dans toute eventualite resultant du Decret a intervenir au personnel de la Caisse de la Dette un traitement au moins aussi favorable que celui qui a ete accorde au personnel de la Dalra Sanieh par les decisions du 14 Decembre, 1899, et du 20 Mars, 1900. Si dans les trois annees a partir de la date de la Declaration de ce jour quelques employes de Fadministration des chemins de fer, telegniphes, et port d'Alexandrie venaient a etre liceiicies par suite de 1'application de cet arrangement ils auraient le benefice du traitement stipule dans 1'alinea precedent. 2. Les droits de toute nature possedes par la " Societe Generale des Sucreries et de la Ramnerie d'figypte," a la date de la Declaration sus-mentionnee en vertu des concessions du Gouvernement figyptien seront, maintenus intacts. Mon Gouvernement prend acte'de ces assurances comme complement de la Declaration de ce jour. Veuillez, &c. (Sigue) PAUL CAMBON, 366 GENERAL. [March 20, 1883. GENERAL. No. 74. INTERNATIONAL CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY.* Signed at Paris, March 20, 1883. [Ratifications exchanged at Paris, June 6, 1884.] I. International Convention. SA Majeste le Roi des Beiges, Sa Majeste 1'Empereur du Bresil, Sa Majeste le Roi d'Espagne, le President de la Re"publique Frar^aise, le President de la Republique de Guatemala, Sa Majeste le Roi d'ltalie, Sa Majeste le Roi des Pays-Bas, Sa Majeste le Roi de Portugal et des Algarves, le President de la Republique de Salvador, Sa Majeste le Roi de Serbie et le Conseil Federal de la Confederation Suisse ; Egalement animes du desir d'assurer, d'un common accord, une complete et efficace protection a 1'iudustrie et au commerce des nationaux de leurs Etats respectifs et de contribuer a la garantie des droits des inventeurs et de la loyaute des trans- actions commerciales, ont resolu de conclure une Convention a cet effet, et ont nomine pour leurs Plenipotentiaires, savoir : Sa Majeste le Roi des Beiges : M. le Baron Beyens, Grand Officier de son Ordre Royal de Leopold, Grand Officier de la Legion d'Honneur, &c., son Envoye Extraordinaire et Ministre Plenipotentiaire a Paris ; Sa Majeste 1'Empereur du Bresil : M. Jules Constant, Comte de Villeneuve, Membre du Conseil de Sa Majeste, son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Roi des Beiges, Commandeur de 1'Ordre du Christ, Officier de son Ordre de la Rose, Chevalier de la Legion d'Honneur, &c. ; Sa Majeste le Roi d'Espagne : Son Excellence M. le Due de * The Commonwealth of Australia acceded to this Convention on August 5, 1907. March 20, 1883.] GENERAL. 367 Fernan-Nunez, de Montellano et del Arco, Comte de Cervellon, Marquis de Almonacir, Grand d'Espagne de Premiere Classe, Chevalier de I'Ordre Insigne de la Toison d'Or, Grand-Croix de I'Ordre de Charles III, Chevalier de Calatrava, Grand-Croix de la Legion d'Honneur, &c., Senateur du Royaume son Ambassadeur Extraordinaire et Plenipotentiaire a Paris; Le President de la Republique Frangaise : M. Paul Challemel- Lacour, Senateur, Ministre des Affaires fitrangeres ; M. Herisson, Depute, Ministre du Commerce; M. Charles Jagerschmidt, Ministre Plenipotentiaire de Premiere Classe, Officier de I'Ordre National de la Legion d'Honneur, &c. ; Le President de la Republique de Guatemala : M. Crisanto Medina, Officier de la Legion d'Honneur, c., son Envoye Extraordinaire et Ministre Plenipotentiaire a Paris ; Sa Majeste le Roi d'ltalie, M. Constantin Ressman, Com- mandeur de ses Ordres des Saints Maurice et Lazare et de la Couronne d'ltalie, Commandeur de la Legion d'Honneur, &c., Conseiller de 1'Ambassade d'ltalie a Paris ; Sa Majeste le Roi des Pays-Bas : M. le Baron de Zuylen de Ny evert, Commandeur de son Ordre du Lion Neerlaridais, Grand-Croix de son Ordre Grand Ducal de la Couronne de Chene et du Lion d'Or de Nassau, Grand Officier de la Legion d'Honneur, &c., son Envoye Extraordinaire et Ministre Plenipotentiaire a Paris ; Sa Majeste le Roi de Portugal et des Algarves : M. Jose da Silva Mendes Leal, Conseiller d'fitat, Pair du Royaume, Ministre et Secretaire d'fitat Honoraire, Grand-Croix de I'Ordre de Saint-Jacques, Chevalier le I'Ordre de la Tour et de 1'fipee de Portugal, Grand Officier de la Legion d'Honneur, &c., son Envoye Extraordinaire et Ministre Plenipotentiaire a Paris ; M. Fernand de Azevedo, Officier de la Legion d'Honneur, &c., Premier Secretaire de la Legation de Portugal k Paris ; Le President de la Republique de Salvador: M. Torres- Caicedo, Membre Corresponclant de 1'lnstitut de France, Grand Officier de la Legion d'Honneur, &c., son Envoye Extraordinaire et Ministre Plenipotentiaire a Paris ; Sa Majeste le Roi de Serbie : M. Sima M. Marinovitch, Charge d' Affaires par interim de Serbie, Chevalier de I'Ordre Royal de T akovo, &c. ; Et le Conseil Federal de la Confederation Suisse : M. Charles-Eaoiiard Lardy, son Envoy e Extraordinaire et Ministre Plenipotentiaire a Paris ; M. J. Weibel, Ingenieur a Geneve, President de la Section Suisse de la Commission Perrnanente pour la Protection de la Propriete Industrielle ; Lesquels, apres s'etre communiqu^ leurs pleins pouvoirs respectifs, trouves en bonne et due forme, sont convenus des Articles suivants : 368 GENERAL. [Marc). 20, 1883. ARTICLE I. Constitution of Union for Protection of Industrial Property, Les Gouvernemeiits de la Belgique, du Bresil, de 1'Espagiie, de la France, du Guatemala, de ITtalie, des Pays-Bas, du Portugal, du Salvador, de la Serbie et de la Suisse sont con.stitue's a 1'fitat d'Union pour la protection de la Propriete Industrielle. ARTICLE II. The Subjects of each State oj the Union shall enjoy in all the other States National Treatment as to Trade Marks, &c. Les sujets ou citoyens de cbacnn des Etats Contractants jouiront, dans tous les autres fitats de 1'Union, en ce qui con- cern e les brevets d'invention, les dessins ou modeles industriels. les marques de fabrique ou de commerce et le nom commercial, des avaiitages que les lois respectives accordent actuellement ou accorderont par la suite aux nationaux. En consequence, ils auront la meme protection que ceux-ci et le meme recours legal centre toute atteinte portee a lejurs droits, sous reserve de Faccomplissement des formalites et des conditions imposees aux nationaux par la legislation inteiieure de chaque Etaf. ARTICLE III. Privileges of Subjects of Non- Union States resident or having Establishments in the Territory of a Union State. Sont assimiles aux sujets ou citoyens des Etats Contractants les sujets ou citoyens des Etats ne faisant pas partie de 1' Union qui sont domicilies ou ont des etablissemeiits industriels ou commerciaux sur le temtoire de 1'un des Etats de 1'Union. ARTICLE IV. Registration in the other States of Trade Marks, &e.. applied for in one State of the Union. Celui qui aura regulierement fait le depot d'une 'demande de brevet d'invention, d'un dessin ou modele industriel, d'une marque de fabrique ou de commerce, dans Pun des fitats Contractants, jouira, pour efiectuer le depot dans les autres fituts, et sous reserve des droits des tiers, d'un droit de priorite pendant les delais determines ci-apres. March 20, 1883.] GENERAL, 369 En consequence, le depot ulterieurement opere dans Tun des autres Etats de 1'Union avant Fexpiration de ces delais no pourra etre invalide par des faits accomplis dans 1'intervalle, soit, notamment, par un autre depot, par la publication de 1'invention on son exploitation par un tiers, par la mise en vente d'exeraplaires du dessin ou du modele, par 1'emploi de la marque. Les delais de priorite mentionnes ci-dessus seront de six mois pour les brevets d'invention, et de trois mois pour tea dessins ou modeles industriels, ainsi que pour les marques de fabrique ou de commerce. Us serorit augments d'un pour les pays d'outre-mer. ARTICLE V. Introduction by Patentee in one State of Union of objects manufactured in the others. I/introduction par le brevete, dans le pays ou le brevet a ete delivre, d'objets fabriques dans 1'un ou 1'autre des Etats de. 1'Union, n'entrainera pas la decheance. Toutefois le brevete restera soumis a 1'obligation d'exploiter son brevet conformement aux lois du pays oil il introduit les objets brevetes, ARTICLE VI. Trademarks Registered in their Country of Origin to le protected in the other Countries of the Union. Toute marque de fabrique ou de commerce regulierement deposee dans le pays d'origine sera admise au depot et protegee telle quelle dans tous les autres pays de 1'Union. Sera considere comme pays d'origine le pays ou le deposant a son principal etablissement. Si ce principal etablissement n'est point situe dans un des pays de 1'Union, sera considere comme pays d'origine celui auquel appartient le deposant. Le depot pourra etre refuse, si 1'objet pour lequel il est demande est considere comme contraire a la morale ou a Fordre public, ARTICLE VII. Nature of Goods no obstacle to Registration of Trade mark. La nature du produit sur lequel la marque de fabrique ou de commerce doit etre apposee rie pent, dans aucun cas, faire obstacle au depot de la marque. [536] 2 B 370 GENERAL, [March 20, 18S3, ARTICLE VIII. Protection of Trade Names. Le nom commercial sera protege dans tons les pays de F Union sans obligation de depot, qu'il fasse ou non partie c'l'une marque de fabrique on de commerce. ARTICLE IX. Seizure of Goods imported into States of the Union hearing Fraudulent Trade-in arks. Tout produit portant illicitement line marque de fabrique on de commerce, on un nom commercial, pourra etre saisi a 1'importation dans ceux des Etats de 1'Union dans lesquels cetto marque ou ce nom commercial out droit a la protection legale. La saisie aura lieu a la requete soit du Ministere Public, soit de la partie interossee, conformement a la legislation interieure de ehaque fitat, ARTICLE X. Application of prece&fthg Articles to Goods bearing False Indications of Origin. Les dispositions de F Article precedent seront applicables a tout produit portant faussement,comine indication de provenance, le nom d'une localite cleterminee, lorsque cette indication sera jointe a 1111 nom commercial fictif ou emprunte dans line intention frauduleuse. Est repute partie interessee tout fabricant ou commercant engage dans la fabrication ou le commerce de ce produit, et etabli dans la localite faussement indiquee comme provenance, ARTICLE XL Temporary Protection of Trade-marks, &c., on Goods in Inter- na tional Exhibitions. Les Hautes Parties Contractantes s'engagent a accorder une protection temporaire aux inventions brevetables, aux dessins ou modeles industriels, ainsi qu'aux marques de fabrique ou de commerce, pour les produits qui figureront aux Expositions Internationales officielles ou officiellement reconnues. March 20, 1883.] GENERAL. S71 ARTICLE XII. Each Country to establish a Special Department for Industrial Property and a Central Office for communicating to the Public Trade-marks, fyc. Chacune des Hautes Parties Contract antes s'engage a etablir un. service special de la Propriete Industrielle et Tin depot central, pour la communication an public dcs brevets d'invention, des dessins on modeles industrials et des marques de fabrique ou de commerce. ARTICLE XIII. Establishment of an International Bureau for the protection of Industrial Property. Un office international sera organise sous le titre de "Bureau International de 1' Union pour la Protection de la Propriete Industrielle." Ce bureau, dont les frais seront supportes par les Adminis- trations de tous les Iiltats Contractants, sera place sous la haute autorite de 1' Administration Superieuro de la Confederation Suisse, et fonctionnera sous sa surveillance. Les attributions en seront determinees d'un coinmun accord entre les Etats de 1' Union. ARTICLE XIV. Convention to le revised periodically. La presente Convention sera soumise a des revisions periodiques en vue d'y introduire les ameliorations de nature a perfectionner le systeme de 1'IJnion. A cet effet, des Conferences auront successivement, dans Tun des Etats Contractants, entre les Delegues des dits fitats. La prochaine reunion aura lieu en 1885, a Rome. ARTICLE XV. The Union States may make Separate Arrangements among themselves. II est enteudu que les Hautes Parties Contractantes se re&ervent respectivement le droit de prendre separement, entre elles, des arrangements particuliers pour la protection de la [536] 2 B 2 372 GENERAL. [March 20, 1883. Propriete Industrielle, en tant que ces arrangements ne con- treviendraient point aux dispositions de la presente Convention. ARTICLE XVI. Noil" Union States may adhere to the Union. Les Etats qui n'ont point pris part a la presente Convention seront admis a y adherer sur leur demande. Cette adhdsion sera notifiee par la voie diplomatique au Gouvernement de la Confederation Suisse, et par celui-ci a tous les autres. Elle emportera, de plein droit, accession a toutes les clauses et admission a tous les avantages stipules par la presente Convention. ARTICLE XVII. Execution of Reciprocal Engagements of Convention subordinated to the Laws of the respective Countries, L'execution des engagements reciproques contenus dans la presente Convention est subordonnee, en tant que de besoin, a 1'accomplissement des formalites et regies etablies par les lois constitutionnelles de celles des Hautes Parties Contractaates qui sont tenues d'en provoquer 1'application, ce qu'elles s'obligent a faire dans le plus bref delai possible. ARTICLE XVIII. Duration of Convention. La presente Convention sera mise a execution dans le delai d'un mois a partir de 1'echange des ratifications et demeurera en vigueur pendant un temps indetermine, jusqu'a 1'expiration d'une annee a partir du jour oil la denonciation en sera faite. Cette denonciation sera adressee au Gouvernement charge de recevoir les adhesions. Elle ne produira son effet qu'a 1'egard de I'fitat qui 1'aura faite, la Convention restant executoire pour les autres Parties Contractantes. ARTICLE XIX. Ratifications. La presente Convention sera ratifiee, et les ratifications en seront echangees a Paris, dans le dc'lai d'un an au plus tard. March 20, 1883.] GENERAL 3?3 En foi de quoi les Plenipotentiaires respeetifs Font signee et y ont appose leurs cachets. Fait a Paris, le 20 Mars, 1883. (Sigrie) (L.S.) BEYENS. (L.S.) VILLENEUVE. (L.S.) Due DE FERNAN-NUNEZ. (L.S.) P. CHALLEMEL-LACOUR. (L.S.) CH. HERISSON. (L.S.) CH. JAGERSOHMIDT. (L.S.) CRISANTO-MEDINA. (L.S.) RESSMAN. (L.S.) BARON DE ZUYLEN DE NYEVELT. (L.S.) JOSE DA SILVA MENDES LEAL. (L.S.) F. D'AZEVEDO. (L.S.) J.-M. TORRES-CAICEDO. (L.S.) SIMA M. MARINOVITCH. (L.S.) LARDY. (L.S.) J. WEIBEL. II. FINAL PROTOCOL, AtT moment de proceder a la signature de la Convention conclue, a la date de ce jour, en to leS Gouvernements de la Belgique, du Bresil, de FEspagne, de la France, du Guatemala, de ritalie, des Pays-Bas, du Portugal, du Salvador, de la Serbie, et de la Suisse, pour la protection de la Propriete Industrielle, les Plenipotentiaires soussignes sont convenus de ce qui suit : Definition of " Industrial Property" 1. Les mots " Propriete Industrielle " doivent etre entendus dans leur acceptioii la plus large, en ce sens qu'ils s'appliquent non seulemerit aux produits de 1'industrie proprement dite, mais egalement aux produits de Tagriculture (vins, grains, fruits, bestiaax, &c.) et aux produits mineraux livres au commerce (eaux minerales, &c.). Definition of " Patents" 2. Sous le nom de '* Brevets d'lnvention" sont comprises les diverses especes de brevets industriels admises par les legisla- tions des Etats Contractants, telles que brevets d'impoi 4 tation, brevets de perfectionnement, &c. 374' [March 20, 1SS3. Procedure and Competence. of Tribunals. 3. II est entendu que la disposition finale de 1'Article II de la Convention ne porte aiicune atteinte a la legislation de chacun cles Stats Contractanta, en ce qui concerne la procedure suivie devant les Tribunaux et la competence de ces Tribunanx. Legislation as to Trade-marks in each State. 4. Le paragraphe l cr de F Article VI 'doit- etre entendu en ce sens qu'aiTcime marque de fabrique ou de commerce ne pourra etre exclue de la protection dans Tun des Etats de 1'Union par le fait seul qu'elle ne satisferait pas, an point de vue des signes qui la composent, aux conditions de la legislation de cet Etat, pourvu qu'elle satisfasse, sur ce point, a la legislation du pays d'origine et qu'elle ait etc, dans ce dernier pays, 1'objet d'un depot regulier. Sauf cette exception, qui ne concerne que la forme de la marque, et sous reserve des dispositions des ant-res Articles de la Convention, la legislation interieure de chacun des Etats recevra son application. Pour eviter toute fausse interpretation, il est entendu que 1' usage des armoiries publiques et des decorations pent etre considere comme contraire a Fordre public, dans le sens du paragraphe final de F Article VI. Publication in each Slate of a Periodical Official l y a L >c,\ 5. L'organisation du service special de la Prop riete Indus- trielle mentioime a 1'Article XI L comprendra, antant que possible, la publication, dans chaqne Etat, d'une feuille officielle periodiqne. Expenses of the International Bureau. 6. Les frais cotrnnuns du Bureau International institue par 1'Article XIII ne pourront, en ancnn cas, depasser, par annee, une somme totale representant une moyenne de 2,000 fr. par chaque Stat Contractant. Pour determiner la part contributive do cbacnu des Stats dans cette somme totale des irnis, les Stats Contractants et ceux qui adhereraient ulterieurement a TUrnon seront divises en six classes contribuant chacuiie dans la proportion d'un certain nombre d'unites, Eavoir : l le classe 2 C classe 3 C classe ^ classe 5 e classe C e classe 25 unites. 20 15 10 5 3 March 20, 1883.] GENERAL. 375 Cos coefficients seront multiplies pur Ic nombre des Ktats do chaque classe, et la somrne dos produits ainsi obtenus fournira lo nombro d'nnitcs par lequel la depense to tale doit etre divisee. Le quotient donnera le montant do I'mute dc depense. Les Stats Oontractants sorit classes ainsi qu'il suit, en vue do la repartition des frais : l rc classo . France, Italic. 2 C classe . Espagne. 3 C classe . Belgique, Bresil, Portugal, Suisse. 4 C classe . Pays-Bas. 5 C classe . Serbie. 6 C classe . Guatemala, Salvador. L'Administration Suisse surveillera les depenses du Bureau International, fera les avances necessaires et e"tablira le compte annuel, qui sera communique a, toutesles autres Administrations. Le Bureau International eentralisera les renseignements fie toute nature relatifs a la protection de la Propriete Industrielle et les reunira eri line statistique generale, qui sera distribute a toutes les Administrations. II procedera aux etudes d'utilite commune interessant 1'Union et redigera, a 1'aidc des documents qui seront mis a sa disposition par les diverses Administrations, tine feuille periodique, en langue Francaise, sur les questions concernant 1'objet de FUnion. Les numeros de cette feuille, de meme que tous les docu-. ments publics par le Bureau International, seront repartis entre les Administrations des Illtats de 1'Union, dans la proportion du nombre des unites eontributives ci-dessus rnentionnees. Les exemplaires et documents supplementaires qui seraient reclames, soit par les elites Administrations, soit par des .Societes ou des particuliers, seront payes a part. Le Bureau International devra se tenir en tout temps a la disposition des membres de 1'Union, pour leur fournir, sur les questions relatives au service international de la Propriety Industrielle, les renseignements speciaux dont ils pourraient avoir besoin. L'Administration du pays ou doit sieger la procliaine ( 'onference preparera, avec le concours du Bureau International, les travaux de cette Conference. Le Directeur du Bureau International assist era aux seances des Conferences et prendra part aux discussions sans voix deliberative. 11 fera, sur sa gestion, un Rapport annuel, qui sera communique a tous les membres de 1'Union. La langue officielle du Bureau International sera la langue Francaise. This Protocol to form ctn integral part of the Convention. 7. Le present Protocole de Clotnre, qui sera ratifie en meme temps que la Convention conclue a la date de ce jour, 376 GENERAL, [March 20, 1883. sera considere comme faisaiit partie iiitegraiite de cette Convention, et aura meme force, valour et duree. En foi de quoi, les Plenipotentiaires soussignes ont dresse le present Protocole. (Signe) BE YENS. VILLENEUVE. Due DE FERNAN-NUNE2. P. CHALLEMEL-LACOUR. OH. HERISSON. CH. JAGERSCHMIDT. CRISANTO-MEDINA. RESSMAN. BARON DE ZUYLEN DE NYEVELT. JOSE DA SILVA MENDES LEAL. F. D'AZEVEDO. J.-M. TORRES-CAICEDO. SIMA M. MARINOVITCH. LARDY. J. WE1BEL. III. ACCESSION OF HER MAJESTY'S GOVERNMENT TO THE CONVENTION SIGNED AT PARIS, MARCH 20, 1883. THE Undersigned, Ambassador Extraordinary and Pleni- potentiary of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland to the French Republic, declares that Her Britannic Majesty, having had the International Con- vention for the Protection of Industrial Property, concluded at Paris on the 20th March, 1883, and the Protocol relating thereto, signed on the same date, laid before her, and availing herself of the right reserved by Article XVI of that Convention to States not parties to the original Convention, -accedes, on behalf of the United Kingdom of Great Britain and Ireland, t.o the said International Convention for the Protection of Industrial Property, and to the said Protocol, which are to be considered as inserted word for word in the present Declaration, and formally engages, as far as regards the President of the French Republic and the other High Contracting* Parties, to co-operate on her part in the execution of the stipulations contained in the Convention and Protocol aforesaid. The Undersigned makes this Declaration on the. part of Her Britannic Majesty with the express understanding that power is reserved to Her Britannic Majesty to accede to the Convention on behalf of the Isle of Man and the Channel Islands, arid any of Her Majesty's possessions, on due notice to that effect being given through Her Majesty's Government. March 20, 1883.] GENERAL. 377 In witness whereof the Undersigned, duly authorized, has signed the present Declaration of Accession, and has affixed thereto the seal of his arms. Done at Paris, on the 17th day of March, 1884. (L.S.) (Signed) LYONS. IV. DECLARATION OF ACCEPTANCE OF ACCESSION. SA Majeste la Reinedu Royaume-Uni de la Grande-Bretagne et d'Irlande ayant accede a la Convention Internationale, relative a la protection de la Propriete Industrielle, conclue a Paris le 20 Mars, 1883, et suivie d'un Protocole en. date dn meme jour, en vertu de 1'Acte d' Accession delivre par son Ambassadeur Extraordinaire et Pleiiipotentiaire pres le Gouvernement de la Republique Frar^aise; acte dont la teneur suit ici, mot pour mot : [Here is inserted the text of No. Ill in English.] Le President de la Republique Franqaise a autorise le Soussigne, President du Conseil, Ministre des Affaires fitrangeres, a accepter formellement la dite accession, y compris les reserves qui y sont contenues, concernant Tile de Man, les lies de la Manche et toutes autres possessions de Sa Majeste Britannique, B'engageant, tant en son nom qu'au nom des autres II antes Parties Contractantes, a concourir a Faocomplissement des obligations stipulees dans la Convention et le Protocole y annexe, qui pourront concerner le Royaume-Uni de la Grande- Bretagtie et d'Irlande. En foi de quoi, le Soussigne, dumetit autorise, a dresse le present Acte d' Acceptation et y a fait apposer son cachet. Fait a Paris, le 2 Avril, 1884. (L.S.) (Signe) JULES FERRY, 378' GENERAL. [October 29 ; 1888, No. 75. CONVENTION BETWEEN GREAT BRITAIN, GERMANY, AUSTRIA- HUNGARY, SPAIN, FRANCE, ITALY, THE NETHERLANDS, RUSSIA, AND TURKEY, RESPECTING THE FREE NAVIGATION OF THE SUEZ MARITIME CANAL. Signed at Constantinople, October 29, 1888, [Ratifications deposited at Constantinople, December 22. 1888.] Au nom de Dieu Tout-Puissant. 8 A Majeste la Reine clu Royaume-Uni de la Grande-Bretagne et d'Irlande, Imperatrice des Incles; Sa Majeste 1'Empereur d'Allemagne, Roi de Prusse; Sa Majeste FEmpereur d'Autriche, Roi de Boheme, &c., et Roi Apostolique de Hougrie ; Sa Majeste le Roi d'Espagne et en son nom la Reine-Regente du Royauine ; le President de la Republique Francaise; Sa Majeste le Roi d'ltalie ; Sa Majeste le Roi des Pays-Bas, Grand-Due de Luxembourg, &c. ; Sa Majeste 1'Empereur de Toutes les Russies ; et Sa Majeste 1'Empereur des Ottomans, voulant consacrer, par Tin Acte Conventionnel, I'etablissement d'un regime definitif, destine a garantir, en tout temps et a toutes les Puissances, le libre usage du Canal Maritime de Suez et completer ainsi le rt3gime sous lequel la navigation par ce Canal a ete placee, par le Firman de Sa Majeste Imperiale le Sultan, en date du 22 Fevrier, 1866 (2 Zilkade, 1282), sanctior-nant les Concessions de Son Altesse le Khedive, out nomme pour leurs Plenipoten- liaires, savoir : Sa Majeste la Reine du Royaume-Uni de la Grande-. Bretagne et d'Irlande, Imperatrice des Indes, le Tres-Honorable Sir \Villiam Arthur White, son Ambassadeur Extraordinaire et Plenipotentiaire ; Sa Majeste 1'Empereur d'Allemagne, Roi de Prusse, le Sieur Joseph de Radowitz, son Ambassadeur Extraordinaire et Plenipotentiaire ; Sa Majeste FEmpereur d'Autriche, Roi de Boheme, &c., et Roi Apostolique de Hongrie, le Sieur Henri, Baron de Calice, son Ambassadeur Extraordinaire et Plenipotentiaire ; Sa Majeste le Roi d'Espagne et en son nom la Reine- Regente du Royaume, le Sieur Don Miguel Florez y Garcia, son Charge d' Affaires ; Le President de la Republique Francaise, le Sieur Gustavo Louis Lannes, Comte de Montebello, Ambassadeur Extra- ordinaire et Plenipotentiaire de France ; October 29, 1888.]- GENERAL. 379 Sa Majeste le Roi d'ltalie, le Sieur Albert, Baron Blanc, son Ambassadeur Extraordinaire et Plenipoteiitiaire ; Sa Majeste le Roi des Pays-Bas, Grand-Due de Luxem- bourg, &c., le Sieuv Gustavo Keun, son Charge d' Affaires ; Sa Majeste 1'Empereur de Toutes les Russies, le Sieur Alexandre de Nelidow, son Ambassadeur Extraordinaire et Plenipotentiaire ; Sa Majeste 1'Empereur des Ottomans, Mehemmed Sa'id Pacha, son Ministre des Affaires fitrangeres ; Lesquels, s'etant communique leurs pleins pouvoirs respectifs, trouves en bonne et due forme, sont convenus des xtrticles suivants : ARTICLE I. Suez Canal to le Free and Open in time of War as in time of Peace to the Merchant-ships and War -ships of all countries. Le Canal Maritime de Suez sera toujours libre et ouvert, en temps de guerre comrne en temps de paix, a tout navire de commerce ou de guerre, sans distinction de pavilion. En consequence,. les Hautes Parties Coiitractantes convienneiit de ne porter aucune atteinte an libre usage du Canal en temps de guerre comme en temps de paix. Le Canal ne sera jamais assujetti a 1'exercice du droit de blocus. ARTICLE II. Engagements of Khedive towards and security of Fresh Water Canal. Les Hautes Parties Contractantes, reconnaissant que le Canal d'Eau-Douce est indispensable au Canal Maritime, prennent acte des engagements de Son Altesse le Khedive envers la Compagnie Universelle du Canal de Suez, en ce qui concern e le Canal d'Eau-Douce, engagements stipules dans une Convention eri date du 18 Mars, 1863, contenant un expose et quatre Articles. Elles s'engagent a ne porter aucune atteinte a la securite de ce Canal et de ses derivations, dont le fonctionnement ne pourra etre Fobjet d'aucune tentative d'obstruction. ARTICLE III. Plant, works, cv!'c, of Fresh Water Canal to le respected. Les Hautes Parties Contractantes s'engagent de memo a respecter le materiel, les etablissements, constructions, et travaux du Canal Maritime et du Canal d'Eau-Douce. GENERAL* [Octobi-r 29, 1888, ARTICLE IV. No act of hostility to oe committed in the Canal or within three miles of its Ports, or any act to obstruct its Free Navigation. Le Canal Maritime restant ouvert, en temps de guerre, comme passage libre, meme aux na vires de guerre des belligerants, aux termes de 1' Article I er du present Traite, les Hautes Parties Contract-antes convienneiit qu'aucun droit de guerre, aucun acte d'hostilite ou aucun acte ayant pour but d'entraver la libre navigation clu Canal ne pourra etre ex ere e dans le Canal et ges ports d'acces, ainsi que dans uii rayon de 3 milles marins de ces ports, alors meme que 1'Empire Ottoman serait 1'une des Puissances belligerantes. War-ships of Belligerents not to remctual in the Canal or its Ports. Les bailments de guerre des belligerants lie pourront, dans le Canal et ses ports d'acces, se ravitailler ou s'approvisionner que dans la limite strietement iiecessaire. Le transit des dits batiments par le Canal s'effectuera dans le plus bref delai d'apres les Reglements en vigueur, et sans autre arret que celui qui resulterait des necessites du service. No Belligerent War-ship to remain more than 24 hours at Port Said or Suez. 24 hours to elapse between the Clearance of a Belligerent War-ship and the Departure of an Enemy's Ship. Leur sejour a Pert-Said et dans la racle de Suez ne pourra depasser vingt-quatre heures sauf le cas de relache forcee. En pareil cas, ils seront tenus de partir le plus tot possible. Un inter valle de vingt-quatre heures devra toujours s ecouler entre la sortie d'un port d'acces d'uri navire belligerant et le depart d'un navire appartenant a la Puissance ennemie. ARTICLE V. Belligerents not to land or embark in the Canal or its Ports, Troops, nor Munitions of War. En temps de guerre, les Puissances belli gerantes ne debarqueront et ne prendront dans le Canal et ses ports d'acces, ni troupes, ni munitions, ni materiel de guerre. Mais dans le cas d'un empchement accidentel dans le Canal, on pourra embarquer ou debarquer, dans les ports d'acces, cles troupes fractionnees par groupes n'excedant pas 1,000 homines avec le materiel de guerre correspondant. October 29, 1888.] GENERAL. 381 ARTICLE VI. Prizes to be subject to the Same jRules as Belligerent War-ships. Les prises seront soumises sous tous les rapports au ineme regime que les navires cle guerre des belli gerants, ARTICLE VII. No War-ships to be stationed in the Canal. Les Puissances ne maintiendront dans les eaux du Canal (y compris le Lac Timsah et les Lacs Amers) aucun batiment de guerre. No Power to station more than two War-ships at Port Said or Suez. Toutefois, dans les ports d'acces cle Port-Sa'id et de Suez, elles pourront faire stationner cles batirnents de guerre dont le nombre ne devra pas exceder deux pour chaque Puissance, This right cannot le exercised by ^Belligerent^. Ce droit ne pouvra etre exerce par les belli gerants, ARTICLE VIIL The Agents in Egypt of the Signatory Powers are charged to watch over Execution of this Convention. Les Agents en gypte des Puissances signataires du present Traite seront charges de veiller a son execution. En toute circonstance qui menacerait la securite ou le libre passage du Canal, ils se reuniront sur la convocation de trois d'entre eux et sous la presidence du doyen, pour proceder aux constatations necessaires. Ils feront connaitre au Gouvernement Khedivial le danger qu'ils auraient reconnu afin que celui-ci prenne lea mesures propres a assurer la protection et le libre usage du Canal. En tout etat de cause, ils se reuniront une fois par an pour constater la bonne execution du Traite. Ces deruieres reunions auront lieu sous la presidence d'un Commissaire Special nomme a cet effet par le Gouvernement Imperial Ottoman. Un Commissaire Khedivial pourra egale- ment prendre part a la reunion et la presider en cas d'absence du Commissaire Ottoman. Ils reclameront notamment la suppression de tout ouvrage ou la dispersion de tout raesemblement qui, sur Tune ou 1'autre 882 GENERA L. [October 29, 1888. rive du Canal, pourrait avoir pour but cm pour effet cle porter atteiute a la liberte et a I'entiere securite de la navigation. ARTICLE IX. 'Jhe Egyptian Government to take necessary Measures for insuring the Execution of the Treaty. Le Gouvernement Egyptien prendra dans la limite de ses pouvoirs tels qu'ils resultent des Firmans et dans les conditions prevues par le present Traite, les mesuves necessaires pour faire respecter I'execrition du dit Traite. Dans le cas oil le Gouvernement Egyptien ne disposerait pas de moyens suffisants, il devra faire appel au Gouvernement Imperial Ottoman, lequel prendra les mesures necessaires pour reporidre a cet appel, en domiera avis au,x autres Puissances Signataires de la Declaration de Londres clu 17 Mars, 1885, et, au besom, se coucertera avec elles a ce sujet. Les .prescriptions des Articles IV, V, VI F, et VIII ne feront pas obstacle aux mesures qui seront prises en vertu du present Article, ARTICLE X. Defence of Canal and Maintenance of Order. De meme, les prescriptions des Articles IV, V, VII, et VIII ne feront pas obstacle aux mesures que Sa Majeste ie Sultan et Son Altesse le Khedive, au nom de Sa Majeste Imperiale, et dans les limites des Firmans concedes, seraient dans la necessite de prendre pour assurer, par leurs propres forces, la defense de I'figypte, et le maintien de 1'ordre public. Dans le cas ou S - a Majeste Imperiale le Sultan ou Son Altesse le Khedive se trouyerait dans la necessite de se prevaloir des exceptions prevues par le present Article, les Puissances signataires de la Declaration de Londres en seraient avisees par le Gouvernement Imperial Ottoman. II est egalement entenclu que les prescriptions des quatre Articles dont il s'agit ne porter(>nt en aucun cas obstacle aux mesures que le Gouvernement Imperial Ottoman croira neces- saire de prendre pour assurer par ses propres forces la defense de ses autres possessions situees sur la cote orientale de la Mer Rouge. c ARTICLE XL Jfa'uwrts contemplated in Articles IK ami X not to interfere tvith free Use oj Canal. Les mesures qui seront prises dans ks cas prevus par les Articles IX et X du present Traite ne devront pas faire obstacle October 29, 1888.] GENERAL. &8 3 an libre usage du Canal. Dans ces memes cas, 1'erection de fortifications permanentes elevees contrairement aux dis- positions de 1' Article VIII demeure interdite. ARTICLE XII. No Power shall endeavour to obtain Territorial or Commercial - Advantages with respect to the Canal. Les Hautes Parties Contractantes conviennent, par appli- cation du principe d'egalite en ce qui concerne le libre usage du Canal, principe qui forme 1'une des bases du present Traite, qu'aucune d'elles ne recherchera d'avaiitages territoriaux on coniinerciaux, ni de privileges dans les arrangements inter- nationaux qui poiirroiit iutervenir par rapport au Canal. IS out d'ailleurs reserves les droits de la Turquie comme Puissance territoriale. ARTICLE XIIL Sovereign. Rights of Sultan and Rights and Immunities of Khedive arc not affected l>y this Convention. En deliors des obligations prevues expressement par les clauses du present Traite, il ii'est porte aucune atteinte aux droits souverains de Sa Majeste Imperiale le Sultan et aux droits et immunites de Son Altesse le Khedive, tels qu'ils resultent des Firmans. ARTICLE XI\ 7 . Engagements resulting from this Treaty not limited to Duration of Acts of Concession of Sues Canal Company. Les Hautes Parties Contractantes conviennent que les engagements resultant du present Traite ne seront pas Kmites par la duree des Actes de Concession de la Compagnie Uni- verselle dn Canal de Suez. ARTICLE XV. Sanitary Measures in Force in Egypt not affected by this Convention. ' Les stipulations du present Traite ne feront pas obstacle aux mesures sanitaires en vigueur en Sgypte. 384 GENERAL, [Oct. 29, 1888. Apr. U, 1891. ARTICLE XVI. Signatory Powers shall invite other States to accede to this Convention. Leg Hautes Parties Contractantes s'engagcnt a porter le present Traite a la connaissance des Etats qui ne Font pas signe, en les invitant a 7 acceder. ARTICLE XVII. Ratifications. Le present Traite sera ratifie et les ratifications en seront echangees a Constantinople dans, un delai d'un mois, ou plus tot si faire se pent. En f oi de quci les Plenipotentiaires respectifs 1'ont signe et y out appose le sceau de leurs armes. Fait a Constantinople, le 29 e jour dn mois d'Octobre, de 1'an 1888. (L.S.) W. A. WHITE. (L.S.) RADOWITZ. (L.S.) CAL1CE. (L.S.) MIGUEL FLOREZ Y GARCIA. (L.S.) CT. DE MONTEBELLO. (L.S.) A. BLANC. (L.S.) GUS. KEUN. (L.S.) NfiLIDOW. (L.S.) M. SAID. No. 76. ARRANGEMENT BETWEEN GREAT BRITAIN, SPAIN, FRANCE, SWITZERLAND. AND TUNIS FOR THE PREVENTION OF FALSE INDICATIONS OF ORIGIN ON GOODS. Signed at Madrid, April 14, 1891. [Ratifications exchanged at Madrid, June 15, 1892.] LES soussignes Plenipotentiaires des Gouvernernents des tats ci-dessns emimere's ; April 14, 1891.1 UENERA L. 385 Vu 1'Article XV de la Convention Internationale du 20 Mars, 1S83, pour la Protection de la Propriete Industrielle, Ont, d'un commun accord, ct sous reserve de ratification, arrete 1' Arrangement snivant: ARTICLE I. Seizure of Goods bearing a false indication of Origin. Tout produit portant une fausse indication de provenance dans laquelle un des Etats Contractants on un lieu situe dans Fun d'entre eux, serait, directemeiit ou indirectement, indique comme pays ou com me lieu d'origine, sera saisi a I'lmportation dans chaoun des dits Stats. La saisie pourra aussi s'effectuer dans 1'Etat ou la fausse indication de provenance aura ete apposee, ou dans celui oil aura ete iiitroduit le produit muni de cette fausse indication. Si la legislation d'tin Etat ii'admet pas la saigie a 1'importation, cette saisie sera remplacee par la prohibition d'importation. Si la legislation d'uri Etat n'admet pas la saisie a 1'interieur, cette saisie sera remplacee par les actions et moyens quie la loi de cet fitat assure en pareil cas aux natioiiaux. ARTICLE II. Seizure to be effected at request of (government Department or interested party. La saisie aura lieu a la requete soit du Ministere Public, soit d'une partie interessee, individu, ou Societe, conformement a la legislation interieure de chaque fitat. Les autorites ne seront pas tenues d'effectuer la saisie en cas de transit. ARTICLE III. Vendors may indicate their Names and Addresses on G-oods. Les presentes dispositions ne font pas obstacle & ce que le Vendtiir indique son nom ou son adresse stir les produits provenant d'un pays different de celui de la vente, mais dans ce cas, 1'adresse ou le nom doit etre accompagne de 1'indication precise et en caracteres apparents du pays ou du lieu de fabrication ou de production. [536] 2 c 386 GENERAL. [April 14, 1891. ARTICLE IV. Tribunals of each Country to decide wliat Appellations are not within Provisions of this Arrangement. Les Tribunaux de chaque pays auront a decider quelles sont les appellatioDS qui, a raisoii de leur caractere generique, echappent aux dispositions du present Arrangement, les appella- tions regionales de provenance des produits yinicoles n'etant cependant pas comprises dans la reserve statuee par cet Article. ARTICLE V. States Parties to Industrial Property Union may accede to this Arrangement. Les Etats de 1'Union pour la Protection de la Propriete Industrielle qui n'ont pas pris part an present Arrangement seront admis a y adherer sur leur demande et dans la forme prescrite par 1' Article XVI de la Convention du 20 Mars, 1883, pour la Protection de la Propriete Industrielle. ARTICLE VI. Ratifications. Le present Arrangement sera ratifie, et les ratifications en serojit echangees a Madrid, dans le delai de six mois an plus tard. Duration of AmuHjt'iiwnt. II entrera en vigueur un mois a parfcir de 1'echange des ratifications, et aura la memo force et duree que la Convention du 20 Mars, 1888. En foi de quoi, les Plenipotentiaires des liltats ci-dessus e'nurneres ont signe le present Arrangement a Madrid, le 14 Avril, 1891. Pour le Bresil* (Signe) LUIS F. D'ABREU. Pour 1'Espagne S. MORET. MARQUES DE AGUILAR. ENRIQUE CALLEJA. LUIS MARIANO DE LARRA. * Have not ratified. Apr. 14,1891. Dec. 14, 1900.] GENERAL. 387 Pour la France et la Tunisie P. CAMBON. Pour la Grande-Bretagne FRANCIS CLARE FORD. Pour le Guatemala* J. CARRE RA. Pour le Portugal* COMTE DE CASAL RIBEIRO. Pour la Suisse CH. E. LARDET. MOREL. No. 77. ADDITIONAL ACT MODIFYING THE INDUSTRIAL PROPERTY CONVENTION OF MARCH 20, 1883.1 Signed at Brussels, December 14, 1900. SA Majeste la Reine du Royaume-Uni de la Grande-Bretagne et d' Irian de, Imperatrice des Indes ; Sa Majeste le Roi des Beiges ; le President des Etats-Unis du Bresil ; Sa Majeste le Roi de Danemark ; le President de la Republique Dominicaine ; Sa Majeste le Roi d'Espagne et, en son nom, Sa Majeste la Reine-Regente du Royaume ; le President des Etats-Unis d'Amerique ; le President de la Republique Fran^aise ; Sa Majeste le Roi d'ltalie ; Sa Majeste 1'Empereur du Japon ; Sa Majeste la Reine des Pays-Bas ; Sa Majeste le Roi de Portugal et des Algarves ; Sa Majeste le Roi de Serbie ; Sa Majeste le Roi de Suede et de Norvege ; le Conseil Federal de la Confedera- tion Suisse; le Gouvernement Tunisien, ayant jnge utile d'apporter certaines modifications et additions a la Convention Internationale du 20 Mars, 1883, ainsi qu'au Protocole de cloture annexe a la dite Convention, out nomme pour leurs Plenipotentiaries, savoir : Sa Majeste la Reine du Royaume-Uni de la Grande-Bretagne et d'Irlande, Imperatrice des Indes, le Tres Honorable C. B. Stuart Wortley, M.P. ; Sir Henry Bergne, K.C.M.G., Chef du * Have not ratified. "j" The Commonwealth of Australia acceded to this Additional Act on August 5, 1907. [536] 2 C 2 388 GENERAL. [December 14, 1900. Departemeiit Commercial au Foreign Office ; M.C,N.Dalton,C.B., Comptroller-General of Patents; Sa Majeste le Roi des Beiges, M. A. Nyssens, Ancien Ministre de rindustrie et du Travail; M. L. Capelle, Envoye ^ Extra- ordinaire et Ministre Plenipotentiaire, Directeur-General du Commerce et des Consulate au Ministere des Affaires Etrangeres ; M. Georges de Ro, Avocat & la Com* d'Appel de Brnxelles, Ancien Secretaire de 1'Ordre; M. J. Dubois, Direct em-General au Ministere de 1'Industrie et du Travail ; Le President des Stats-Unis du Bresil, M. da Cunha, Envoye Extraordinaire et Ministre Plenipotentiaire des fitats-Unis dti Bresil pres Sa Majeste le Roi des Beiges ; Sa Majeste le Roi de Danemark, M. H. Holten-Nielsen, Membre de la Commission des Brevets, Enregistreur des Marques de Fabrique ; Le President de la Republique Dominicaine. M. J.-W. Hunter, Consul-General de la Republique Dominicaine a Anvers ; Sa Majeste le Roi d'Espagne et, en son nom, Sa Majeste la Reine-Regente du Royaume, M. de Villa Urrutia, son Envoye Extraordinaire et Ministre Plenipotentiaire pies Sa Majeste le Roi des Beiges ; Le President des Stats- Uiiis d'Amerique, M. Lawrence Townsend, Envoye Extraordinaire et Ministre Plenipotentiaire des Etats-Unis d'Amerique pres Sa Majeste le Roi des Beiges; M. Francis Forbes; M. Walter II. Chamberlin, Assistant Com- missioner of Patents ; Le President de la Republique Francaise, M. Gerard, Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Roi des Beiges; M. C. Nicolas, Ancien Conseiller d'fitat, Directeur honoraire au Ministere du Commerce, de 1'Industrie, des Postes, et des Telegraphes ; M. Michel Pelletier, Avocat a la Cour d'Appel de Paris ; Sa Majeste le Eoi d'ltalie, M. Borneo Cantagalli, son Envoye^ Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Eoi des Beiges; M. le Commandeur Carlo-Francesco Gabba, Senateur Professeur a 1'Universite de Pise ; M. le Chevalier Samuele Ottolenghi, Chef de Division au Ministere de P Agri- culture, de rindustrie et du Commerce, Directeur du Bureau de la Propriete Industrielle ; Sa Majeste TEmpereur du Japon, M. Itchiro Motoro, son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Roi des Beiges; Sa Majeste la Reine des Payg-Bas, M. F.-W.-J.-G-. Snyder van Wissenkerke, Docteur en Droit, Conseiller au Ministere de la Justice, Directeur du Bureau de la Propriete Industrielle ; Sa Majeste le Eoi de Portugal et des Algarves, M. le Con- seiller E. Madeira Pinto, Direeteur-General au Ministere des Travaux Publics, du Commerce et de 1'Iiidtistrie ; Sa Majeste le Roi de Serbie, M. le Docteur Michel Vou'itch, sun Envoye Extraordinaire et Ministre Plenipotentiaire a Paris; Sa Majeste le Roi de Suede ct de Norvege, S M. le Comte December 14, 1900.] GENERAL, 389 Wrangel, son Envoye Extraordinaire et Miuistre Plenipotentiairo pres Sa Majeste le Roi des Beiges ; Le Conseil Federal de la Confederation Suisse, M. J. Borel, Cons ul-General de la Confederation Suisse a Bruxelles; M. le Docteur Louis-Rodolphe de Salis, Professeur a Berne ; Le President de la Republique Fran9aise, pour la Tunisie, M. Gerard, Envoye Extraordinaire et Ministre Flenipotentiaire pres Sa Majeste le Roi des Beiges; M. Blade, Consul de premiere classe au Ministere des Affaires Etrangeres de France. Lesquels, apres s'etre communique leurs pleins pouvoirs respectifs, trouves en bonne et due forme, sont convenus des Articles suivants : ARTICLE I. Modifications of Convention of March 20, 1883. La Convention Internationale du 20 Mars, 1883, estmodifiee ainsi qu'il suit : 1. L'Article III de la Convention aura la teneur suivante: "Art. III. Sont assimiles aux stijets ou^citoyens des fitats Contractants, les sujets ou citoyens des Etats ne faisant pas partie de l'Union, qui sont domicilies ou ont des etablissements industriels ou commerciaux effectifs et serieux sur le territoire de I'uu des Etats dc l'Union. " 2. L'Article IV aura la teneur suivante: ** Art. IV. Celui qui aura regulierement fait le depot d'une demande de brevet d'invention, d'un dessin ou modele industriel, d'une marque de fabrique ou de commerce, dans Fun des Etatfl Contractants, jouira, pour efFectuer le depot dans les autres fitats, et sous reserve des droits des tiers, d'un droit de priorite pendant les delais determinees ci-apres. "En consequence, le depot ulterieurement opere dans Fun des autres fitats de l'Union, avant Fexpiration de ces delais, ne pourra etre invalide par des faits accomplis dans Fintervalle, soit, notamment, par un autre depot, par la publication de Finvention ou son exploitation, par la mise en vente d'exern- plaires du dessin ou du modele, par Femploi de la marque. " Les delais de priorite mentionnes ci-dessus seront de douze mois pour les brevets d'invention, et cle quatre mois pour les dessins ou modele s industriels, ainsi que pour les marques de fabrique ou de commerce." 3. 11 est insere dans la Convention un Article IV bis ainsi " Art. IV bis. Les brevets demandes dans les differents fitatg Contractants par des personnes admises au benefice de la Con- 390 GENERAL. [December 14, 1900. vention aux terraes des Articles II et III, seront independants des brevets obterms pour la meme invention dans les autres fitats adherents on non a 1' Union. "Cette disposition s'appliquera aux brevets existants au moment de sa mise en vigueur. "II en sera de meme, en cas d'accession de nouveaux Stats, pour les brevets existant de part et d'autre au moment de {'accession." 4. II est ajoute a r Article IX deux alineas ainsi concus : "Dans les fitats dont la legislation n'admet pas la saisie a I'importation, cette saisie pourra etre remplacee par la prohibi- tion d'importation. " Les autorites ne seront pas tenues d'effecteur la saisie en cas de transit." 5. L' Article X aura la teneur suivante : "Art. X. Les dispositions de 1'Article precedent seront applicables a tout produit portant faussement, comme indication de provenance, le nom d'une localite determinee, lorsque cette indication sera jointe a un nom commercial fictif ou emprunte dans une intention frauduleuse. ** Est repute partie interessee tout producteur, fabricant ou commer9ant engage dans la production, la fabrication ou le commerce de ce produit, et etabli soit dans la localite fausse- ment indiquee comme lieu de provenance, soit dans la region ou cette localite est situ6e." 6. II est insure dans la Convention un Article X bis ainsi 0011911 : " Art. X bis. Les ressortissants de la Convention (Articles II et III) jouiront, dans tous les fitats de TUnion, de la protection accordee aux nationaux contre la concurrence deloyale." 7. L' Article XI aura la teneur suivante : "Art. XL Les Hautes Parties Contractantes accorderont, conform ement a la legislation de chaque pays, une protection ternporaire aux inventions brevetables, aux dessins ou modeles industriels, ainsi qu'aux marques de fabrique ou de commerce, pour les produits qui figureront aux Expositions internationales officielles ou officiellement reconnues, organisees sur le territoire de 1'une d'elles." 8. L' Article XIV aura la teneur suivante : "Art. XIV. La presente Convention sera soumise a des revisions periodiques en vue d'y introduire Jes ameliorations de nature a j)erfectionner le systeme de TUnion, December 14, 1900.] GENERAL. 391' " A cet effet, des Conferences auront lieu successivement, dans l'un des fitats Contractants, entre les Delegues des dits fitats." 9. L 'Article XVI aura la teneur suivante : " Art. XVI. Les iats qui n'ont point pris part a la presente Convention seront adrais a y adherer sur leur demande. " Cette adhesion sera iiotinee par la voie diplomatique au Gouvernement de la Confederation Snisse, et par celui-=ci Ji tous les autres. " Elle emportera, de plein droit, accession a toutes les clauses et admission a tons les avantages stipules par la presente Convention, et produira ses effets un mois apres 1'envoi de la notification faite par le Gouvernement Suisse aux autres fitats unionistes, a moins qu'une date posterieure n'ait ete indiquee par 1'fitat adherent." ARTICLE II. Addition to Final Protocol annexed to Convention of March 20, 1883. Le Protocole de cloture annexe a la Convention Inter- nationale du 20 Mars, 1883, est complete par 1'addition d'un numero 3 bis, ainsi concu : " 3 Ins. Le brevete, dans chaque pays, ne pourra etre frappe de decheance pour cause de non-exploitation qu'apres un delai minimum de trois ans, a dater .du depot de la demande dans le pays dont il s'agit, et dans le cas ou le brevete" ne justifierait pas des causes de son inaction." ARTICLE III. Duration of Additional Act. Le present Acte additionnel aura ineme valeur et duree que la Convention du 20 Mars, 1883. Ratifications. II sera ratine, et les ratifications en seront deposees a Bruxelles, au Ministere des Affaires fitrangeres^ aussitot que faire se pourra, et au plus tard dans le delai de dix-huit mois a dater du jour de la signature. II entrera en vigueur trois mois apres la cloture du proctt- verbal de depot. En foi de quoi les Plenipotentiaires respectifs out signe le present Acte additionnel, 392 GENERAL, [December 14, 1900. Fait a Bruxelles, en vm seul exemplaire, le 14 Decernbre, 1900. Pour la Grande-Bretagne : (Signe) CHARLES B. STUART WORTLEY. H. G. BERGNE. C. N. DALTON. Pour la Belgique : (Signe) A. NYSSENS. CAPELLE. GEORGES DE RO. J. DUB01S, Pour le Bresil : (Signe) F, XAVIER DA CUNHA. Pour le Danemark : (Signe) H. HOLTEN NIELSEN, Pour la Republique Dominicaine : (Signe") JOHN W. HUNTER. Pour 1'Espagne : (Signe) W. R. DE VILLA UKRUTIA. Pour les Itats-Unis d'Amerique : (Signe) LAWRENCE TOWNSEND. FRANCIS FORBES. WALTER H. CHAMBERLIN. Pour la France : (Signe^ A. GfiRARD. C. NICOLAS. MICHEL PELLETIER, Pour I'ltalie : (Signe; R. CANTAGALLI. C. F. GABBA. S. OTTOLENGHI. Pour le Japon : (Signed I. MOTONO, Pour la Norvege : (Signe) CoMTE WRANGEL. December 14, 1900.] GENERAL, 393 Pour les Pays-Bas : (Signe) SNYDEH VAN WJSSENKERKE. Pour le Portugal : (Signe) ERNESTO MADEIRA PINTO. Pour la Serbie : (Signe) DR. MICHEL VOUITCH. Pour la Suede : (Signe) COMTE WRANGEL. Pour la Suisse : (Sis;ne) JULES BOREL. L, R. DE SALTS. Pour la Tunisie : (Signe*) A. GERARD. ETIENNE BLADE. Procbs- Verbal. LES Parties Contractantes ayant unanimement accepte que 1'echange des ratifications sur 1'Acte Additionnel a la Con- vention du 20 Mars, 1883, signe a Bruxelles le 14 Decembre, 1900, se ferait moyennant le depot des instruments respectifs aux archives du Ministere des Affaires Etrangeres de B'elgique, le present proces-verbal de depot a ete, a cet efFet, ouvert au Ministere des Affaires iStrangeres ce jourd'hui, 3 Mai, 1901. (Signe) Ce meme jour a ete LAWRENCE TOWNSEND. effectue le depot des ratifi- cations du President des fitats-Unis d'Amerique. Ont ete successivement presentees au depot : (Signe) Le 5 Aout, 1901, les rati- JULES BOREL. fications du Conseil Federal Suisse ; (Signe) Le 10 Octobre, 1901, les F. G. SCHACK DE BROOKDORFF. ratifications de Sa Majeste le Roi de Danemark; 394 GENERAL. [December 14, 1900. (Signe) CTE. DE TOVAR. (Signe) CONSTANTIXE PlIIPPS. (Signe) P. DE FAVEREAU. (Signe) R. CANTAGALLI. (Signe) S. MATSUGATA. (Signe) A GERARD. (Signe) CTE. WRANGEL. (Signe) . CTE. WRANGEL. (Signe) R. DE PESTEL. Le 5 Novembre, 1901, les ratifications de Sa Majeste le Roi de Portugal et des Algarves ; Le 6 Decembre, 1901, les ratifications de Sa Majeste le Roi du Royaume-Uni de la Grande - Bretagne et d'Irlande et des Possessions Britanniques au dela des Mers, Empereur des Indes ; Le 10 Decembre, 1901, les ratifications de Sa Majeste le Roi des Beiges ; Le 12 Decembre, 1901, les ratifications de Sa Majeste ]a Roi d'ltalie ; Le 21 Avril, 1902, les ratifications de Sa Majeste 1'Empereur du Japon ; Le 23 Mai, 1902, les rati- fications du President de la Republique Francaise et du Gouvernement Tunisien ; Le 5 Juin, 1902, les ratifi- cations de Sa Majeste le Roi de Suede et de Norvege, pour la Suede ; Le meme jour, les ratifica- tions de Sa Majeste le Roi de Suede et de Norvege, pour la Norvege ; Le 10 Juin, 1902, les rati- fications de Sa Majeste la Reine des Pays-Bas. Conformement a 1'Article 3 de 1'Acte Additionnel du 14 De- cembre, 1900, le present proces-verbal a ete clos a la date de ce jour. Le Ministre des Affaires Etrangeres de Belgique, (Signe) P. DE FAVEREAU. Bruaselles, le 14 Juin, 1902. Dec. 14, 1900. March 5, 1902.] GENERAL. 395 Le depot des ratifications du President des fitats-llnis du Bresil, du President de la Republique Dominicaine, de Sa Majeste le Roi d'Espagne, et de Sa Majeste le Roi de Serbie n'ayant pu etre effectue dans le delai fixe, les Gouvernements de la Belgique, du Danemark, des fitats-Unis d'Amerique, de la France, de la Grande-Bretagne. de 1'Italie, du Japon, de la Norvege, des Pays-Bas, du Portugal, de la Suede, de la Suisse, et de la Tunisie se sont trouves unaniraement d'accord. pcmr_ appliquer, a partirdu 14 Septembre, 1902, 1'Acte Additionnel du 14 Decembre, 1900, entre eux, ainsi que vis-a-vis de ceux des quatre autres Etats signataires dont les ratifications seraient depos^es dans 1'intervalle. Pour copie conforme : Le Secretaire-General du Ministere des Affaires fitrangeres de Belgique, (Signe) BARON LAMBERMONT. INTERNATIONAL CONVENTION RELATIVE TO BOUNTIES ON SUGAR. Signed at Brussels, March 5, 1902. [Ratifications deposited at Brussels, June 18, 1902 February 1, 1903.] SA Majeste le Roi du Royaume-Uni de la Grande-Bretagne et d'Irlande et des possessions Britanniques au dela des Mers, Empereur des Indes; Sa Majeste 1'Empereur d'Allemagne, Roi de Prusse, au nom de 1'Empire Allemand ; Sa Majeste 1'Empereur d'Autricbe, Roi de Boheme, &c., et Roi Apostolique de Hongrie ; Sa Majeste le Roi des Beiges ; Sa Majeste le Roi d'Espagne et, en son nom, Sa Majeste la Reine-Regente du Royaume; le President de la Republique Fran9aise; Sa Majeste le Roi d'ltalie; Sa Majeste la Reine des Pays-Bas; Sa Majeste le Roi de Suede et de Norvege ; Desirant, d'une part, egaliser les conditions de la concurrence entre les sucres de betterave et les sucres de canne des cliff&rentes provenances et, d'autre part, aider au d^veloppement de la con- sommation du sucre ; Considerant que ce double resultat ne peut etre atteint que par la suppression des primes et par la limitation de la surtaxa; 396 GENERAL. [March 5, 1902. Out resolu de conclure une Conventiou a cet effet, et out uomme pour leurs Plenipotentiaires, savoir : Sa Majeste le Roi du Royaume-Uni de la Grande-Bretagne et clTrlan.de et des possessions Britanniques an dela des Mers, Empereur des Indes, Mr. Constantino Phipps, C.B., son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Roi des Beiges; Sir Henry Primrose, K.C.B., C.S.I.; Sir Henry Bergne, K.C.M.G.; Mr. A. A. Pearson; Mr. E. C. Ozanne ; Sa Majeste FEmpereur d'Allemagne, Roi de Prusse, au noni de FEmpire Allemand, M. le Comte de Wallwitz, son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Roi des Beiges; M. de Koerner, Directeur au Departement Imperial des Affaires Etrangeres; M. Kiihn, Conseiller Intime Superieur de Gouvernement, Conseiller Rapporteur a FOffice Imperial du Tresor ; Sa Majeste FEmpereur d'Autriche, Roi de Boheme, &c., et Roi Apostolique de Hongrie : pour FAutriche-Hongrie, M. le Comte Klievenhuller Metsch, son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Roi des Beiges ; pour FAutriche, M. le Baron Jorkasch-Koch, Chef de Section au Ministere Imperial et Royal des Finances ; pour la Hongrie, M. de Toepke, Sous-Secretaire d'Etat au Ministere Royal Hongrois des Finances ; Sa Majeste le Roi des Beiges, M. le Comte de Smet de Naeyer, Ministre des Finances et des Travaux Publics, Chef du Cabinet; M. Capelle, Envoye Extraordinaire et Ministre Plenipotentiaire, Directeur-General du Commerce et des Consulats au Ministere des Affaires Etrangeres: M. Kebers, Directeur-General des Douanes et Accises au Ministere des Finances et des Travaux Publics ; M. de Smet, Inspecteur-General a F Administration des Contributions Directes, Douanes et Accisss au Ministere des Finances et des Travaux Publics; M. Beauduin, Membre de la Chambre des Representants, Industriel ; Sa Majeste le Roi d'Espagne et, en son iiom, Sa Majeste la Reine-Regente du Royaume, M. de Villa Urrutia, son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Roi des Beiges ; Le President de la Republique Frangaise, M. Gerard, Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Roi de Beiges ; M. Bousquet, Ancien Conseiller d'Etat, Directeur- General des Douanes, Honoraire ; M. Delatour, Conseiller d'fitat, Directeur-General de la Caisse des Depots et Consignations ; M. Courtin, Conseiller d'Etat, Directeur-General des Contributions Indirectes au Ministere des Finances ; Sa Majeste le Roi d'ltalie, M. le Commandeur Romeo Canta- galli, son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Roi des Beiges ; M. le Commandeur fimile Maraini, Depute au Parlement Italien, Industriel; Sa Majeste la Reine des Pays-Bas, M. le Jonkheer de Pestel, March 5, 1902.] GtfNEBAL. 397 son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa jVJajeste le Roi cles "Beiges ; M. le Baron J. d'Aulnis de BoufbtiiH, Docteur en Droit, Professcur a I'Univerbite d'Utrecht ; M. G. Eschauzier, Industrie! a La Haye ; M. A. Van Rossura, Industrie! a Haarlem ; Sa Majeate le Roi de Suede et de Norvege : pour la Suede, M. le Comte Wrangel, son Envoye Extraordinaire et Ministre Plenipoteritiaire pres Sa Majeste le Roi des Beiges ; M. Charles Tranchel], Industriel; Lesquels, apres s'etre communique leurs pleins pouvoirs respectifs, trouves en bonne et due forme, sont convenus des Articles snivants : ARTICLE I. Les Hautes Parties Contractantes s'engageut a supprimer, a daterde la mise envigueurde la presents Convention, les primes directes et indirectes dont benencieraient la production ou ! 'ex- portation des sucres, et a ne pas etablir de primes de 1'espece pendant toute la duree de la dite Convention. Pour Fapplication de cette disposition, sont assimiles au sucre les proclnits sucres tels que confitures, cliocolats, biscuits, Jait condense, et tons autres produits analogues contenant en proportion notable du sucre iiicorpore artificiellement. Tombent sous Tapplicaticn de 1'alinea precedent, tous les avantages resultant directement ou indirectement, pour les diverses categories de producteurs, de la legislation fiscale des fitats, notamment : (a.) Les bonifications directes accordees en cas d'expor- tation ; (b.) Les bonifications directes accordees a la production ; (c.) Les exemptions d'impot, totales ou partielles, dont beneficie une partie des produits de la fabrication ; (d.) Les benefices resultant d'excedents de rendement; (c.) Les benefices resultant de 1'exageration du drawback ; (/.) Les avantages resultant de toute surtaxe d'un taux superieur a celui fixe par 1' Article III. ARTICLE II. Les Hautes Parties Contractantes s'engagent a soumettre ait regime d'entrepot, sous la surveillance permanente de jouret de unit des employes du fisc, les fabriques et les raffineries de sucre, ainsi que les usines dans lesquelles le sucre est extrait des melasses. A cette fin, ies usines seront ainenagees de maniere a donner toute garantie contre renlevemeiit clandestin des sucres, et les employes auront la faculte de penetrer dans toutes les parties des usines. 398 GENERAL. [March 5,- 1902. Des livres de controle seront tenus concernant une ou plu- sieurs phases de la fabrication, et les sucres acheves seront deposes dans des magasins speciaux ofFrant toutes les garanties desirables de securite. AKTICLE III. Les Hautes Parties Contractantes s'engagent a limiter au chiffre maximum de 6 fr. par 100 kilog. pour le sucre raffine et les sucres assimilables au raffine, et de 5 fr. 50 pour les autres sucres, la surtaxe, c'est-a-dire, Fecart entre le taux des droits ou taxes dont soiit passibles les sucres etrangers et celui des droits ou taxes auxquels sont soumis les sucres nationaux. Cette disposition ne vise pas le taux des droits d'entree dans les pays qui ne produisent pas de sucre ; elle n'est pas non plus applicable aux sous-produits de la fabrication et du raffinage du sucre. ARTICLE IV. Les Hautes Parties Contractantes s'engagent a f rapper d'un droit special, a 1 'importation sur leur territoire, les sucres origi- naires de pays qui accorderaient des primes a la production ou a 1'exportation. Ce droit ne pourra etre inferieur au montant des primes, directes ou indirectes, accordees dans le pays d'origine. Les Hautes Parties se reservent la faculte, chacune en ce qui la concerne, de prohiber I'lmportation des sucres primes. Pour 1'evaluation du montant des a vantages resultant even- tuellement de la surtaxe specifiee au littera (/) de 1'Article I, le chifFre fixe par 1' Article III est deduit du montant de cette surtaxe : la moitie de la difference est reputee representer la prime, la Commission Permanente institute par 1'Article VII ayant le droit, a la demande d'un Etat Contractant, de reviser le chiffre ainsi efcabli. ARTICLE V. Les Hautes Parties Contractantes s'engagent reciproquement a admettre au taux le plus reduit de leur tarif d'importation, les sucres origmaires soit des fitats Contractants, soit de celles des Colonies ou possessions des dits Etats qui n'accordent pas de primes et auxquelles s'appliquent les obligations de 1'Article VIII. Les sucres de canne et les sucres de betterave ne pourront etre frappes de droits differents. ARTICLE VI. L'Espagne, 1'Italie, et la Suede seront dispensees des engage- ments faisaiit Tobjet des Articles I, II, et III, aussi longternps qu'elles n'exporteront pas de sucre. March 5, 1902.] GENERAL. 399 Ces Etats s'engagent a adapter leur legislation sur le regime des sucres aux dispositions de la Convention, dans le delai d'une annee ou plus tot si faire se pent a partir du moment ou la Commission Permanente aura constate que la condition indiquee ci-dessus a cesse d'exister. ARTICLE VII. __ Les Hautes Parties Contractantes conviennent de creer une Commission Permanente, chargee de surveiller Pexecutioii des dispositions de la presente Convention. Cette Commission sera coinposee de Delegues des divers Etats Contractants et il lui sera adjoint un Bureau Permanent. La Commission clioisit son President ; elle siegera a Bruxelles et se reunira sur la convocation du President. Les Delegues auront pour mission: (a.) De constater si, dans les Etats Contractants, il u'est accorde aucune prime directe ou indirecte a la production ou a 1'exportation des sucres ; (b.) De constater si les fitats vises a 1' Article VI continuerit a se conformer a la condition speciale prevue au dit Article ; (c.) De constater 1'existence des primes dans les fitats non- Signataires et d'en evaluer le montant en vue de Tapplication de 1'Article IV ; (d.) D'emettre un avis sur les questions litigieuses : (e.) D'instruire les demandes d'admission a 1' Union des fitats qui n'ont point pris part a la presente Convention. Le Bureau Permanent sera charge de rassembler, de traduire, de coordonner et de publier les renseignements de toute nature qui se rapporterit a la legislation et a la statistique des sucres, 11011 seulement dans les Etats Contractants, mais egalenient dans les autres Etats. Pour assurer rex6cution des dispositions qui precedent, les Hautes Parties Contractantes communiqueroiit par la voie diplomatique au Gouvernement Beige, qui les fera parvenir a la Commission, les Lois, Arretes, et Reglements sur Fimposition des sucres qui sont ou seront en vigueur dans leurs pays respectifs, ainsi que les rensuignements statistiques relatifs a 1'objet de la presente Convention. Cbac-une des Hautes Parties Contractantes pourra etre repre- sentee a la Commission par un Delegue ou par un Delegue et des Delegues-Adjoints. L'Autriche et la Hongrie seront considerees separement commes Parties Contractantes. La premiere reunion de la Commission aura lieu a Bruxelles, a la diligence du Gouvernement Beige, trois mois au moins avant la mise en vigueur de la presente Convention. La Commission n'aura qu'une mission de constatatioii et d'examen. Elle fera, sur toutes les questions qui lui seront 400 GENERAL. [March 5, 1902. sournises, nil Rapport qu'elle adressera au Gouvernement Beige, lequel le communiquera aux Etats interesses et pro- voquera, si la demande en est faite par une des Hautes Parties Gontractantes, la reunion d'une Conference qui arrtera les resolutions ou les mesures necessities par les circonstances. Toutefois les constatations et evaluations visees aux litteras (b) et (c) auront un caractere executoire pour les Etata Con- tractants; elles seront arretees par un vote de majorite, chaque litat Contractant disposant d'une voix, et elles sortiront leurs effets au plus tard a I'expiration du delai de deux inois. Au cas ou 1'un des Stats Contractants croirait devoir faire appel d'une decision de la Commission, il devra, dans la huitaine de la notification qui lui sera faite de la dite decision, provoquer une nouvelle deliberation de la Commission ; celle-ci se reunira d'urgence et statuera deiinilivernent dans le delai d'un mois a dater de 1'appel. La nouvelle decision sera executoire, au plus tard, dans les deux mois de sa date. La meme procedure sera suivie en ce qui concerne rinstruction des dernaiides d'admission prevue au littera (e). Les frais resultant de 1 organisation et du fonctioniieinent du Bureau Permanent et de la Commission sauf le traitement ou les indemnites des Delegues, qui seront payes par leurs pays respectifs seront supportes par tous les Stats Contractants et repartis entre eux d'apres un mode a regler par la Commission. ARTICLE VIII. Les Hautes Parties Coiitractantes s'engagerit, pour elles et pour leurs Colonies ou possessions, exception faite des Colonies autonomes de la Grande-Bretagne et des Indes Orientales Britanniques, a prendre les mesures necessaires pour empecher que les sucres primes qui auront traverse en transit le territoire d'uii fitat Contractant ne jouissent des avantages de la Con- vention sur le marclie destinataire. La Commission Permanente fera a cet egard les propositions necessaires. ARTICLE IX. Les Etats qui n'oiit point pris part a la presente Convention seront admis a y adherer sur leur demande et apres avis con- forme de la Commission Permanente. La demande sera adressee par la voie diplomatique au Gouvernement Beige, qui se chargera, le cas echeant, de notifier Tadhesion a tous les autres Gouvernements. L'adhesion emportera, de plein droit, accession a toutes les charges et admissions a tous les avantages stipules par la presente Con- vention, et elle produira ses effets a partir du l er Septembre qui suivra 1'envoi de la notification faite par le Gouvernement Beige aux autres Etats Contractants. March 5/1902.] GENERAL* 401 ARTICLE X. La presente Convention sera raise a execution a partir du l er Septembre, 1903. Elle restera en vigueur pendant cinq annees a partir do cette date, et dans le cas ou aucune des Hautes Parties Con- trac tan tes n'aurait notifie an Gouvernement Beige, douze niois avant 1'expiration -de la elite periode de cinq annees, son intention d'en faire cesser les efFets, elle continuera a rester en vigueur pendant tine annee et, ainsi de suite, d'annee en an nee. Dans le cas ou Pun des fitats Contractants denoncerait la Convention, cetle denonciatioii n'aurait d'efFet qu'a son egard ; les antres Etats conserveraieiit, jusqu'au 31 Octobre de Tannee de la denonciatioii, la faculte de notifier rintention de se retirer ('galement a partir du l er Septembre de Pannee suivante. Si Pun de ces derniers Etats entendait user de cette faculte, le Gouvernement Beige provoquerait la reunion a Bruxelles, dans les trois mois d'une Conference qui aviserait aux mesures a prendre. ARTICLE XL Les dispositions de la presente Convention seront appliquees aux provinces d'outre-mer, Colonies et possessions etrangeres des Hautes Parties Contractantes. Sont exceptees toutetois les Colonies et possessions Britanniques et Neerlandaises, sanf en ce qui concerne les dispositions faisant Pobjet des Articles V et VIII. La situation des Colonies et possessions Britanniques et Neerlandaises est, pour le surplus, determinee par les declarations inserees au Protocole de Clotiire, ARTICLE XII. L'execution des engagements reciproques contenus dans la presente Convention est subordonnee, en tant que de besoin, a I'accomplissement des formalites- et regies etablies par les Lois Constitutioiinelles de chacun des Etats Contractants. La presente Convention sera ratifiee, et les ratifications en seront deposees a Bruxelles, au Ministore des Affaires fitrangeres, le l er Fevrier, 1903, ou plus tot si faire se.peut. II est entendu que la presente Convention lie deviendra obligatoire de plein drdit que si elle est ratifiee au moins par ceux des Etats Contractants qui lie sont pas vises par la disposition exceptionnelle de P Article VI. Dans le cas ou un ou plusieuvs des dits Etats n'auraient pas depose leurs ratifica- tions dans le delai prevu, le Gouveniement Beige provoquera immediatejiient une decision des ant-res Etats Signataires quant a la mise en vigueur, entre eux senleraent, de la presente Convention. [536] 2 D 402 GENERAL. [March 5 3 1902. En foi de quoi les Plenipotentiaires respectifs out signe la presente Convention. Fait a Bruxelles, en un seul exemplaire, le 5 Mars, 1902. Pour la Graiide-Bretagne : (Signe) CONSTANTINE PHIPPS. H. W. PRIMROSE. H. G. BERGNE. ARTHUR A. PEARSON. E. C. OZANNE. Pour rAllemagne : (Signe) GRAF VON \VALLWITZ. VON KOERNER. KUHN. Pour 1'Autriche-Hongiie : (Signe) COMTE DE KHEVENHULLER. Pour 1'Autriche : (Signe) JORKASGH-KOCH. Pour la Hongrie : (Signe) TOEPKE ALFRED. Pour la Belgir[ue : (Signe) COM IE DE SMET DE NAEYER. CAPELLE. KEBERS. D. DE SMET. BEAUDUIN. Pour 1'Espagne : (Signe) W. R, DE VILLA URRUTIA. Pour la France : (Signe) A. GERARD. BOUSQUET. A. DELATOUR. COURTIN. Pour 1'Italie : (Sigrie) R. CANTAGALLI. EMILIO MARAINL March 5 ; 1902.] GENERAL. 403 Pour les Pays-Bas : (Signe) R. DE PEST EL. J. D'AULNIS DE BOUROUILL G. ESCHAUZIER. A. VAN ROSSUM. Pour la Suede : (Signe) COMTE WRANGEL. C. TRANCHELL. PROTOCOLE DE CLOTCJRE. An moment de proceder a la signature de la Convention relative au regime des snores conclue, a la date de ee jour, eiitre les Gouvernements de PAllemagne, de FAutriche et de la Hoiigrie, de la Belgique, de 1'Espagne, de la France, de la Graiide-Bretagne, de FItalie, des Pays-Bas, et de la Suede, les Plenipotentiaries soussignes sont convenus de ce qui suit : A r Article III. Considerant que le but de la surtaxe est de proteger efficacement le marche interieur des pays producteurs, les Hautes Parties Contractantes se reservent la faculte, cbacune en ce qui la concerne, de proposer un relevement de la surtaxe dans le cas oil des quantites considerables de sucres origiriaires d'un Etat Contractant penetreraient chez elles ; ce relevement ne frapperait que les sucres originates de cet fitat. La proposition devra etre adressee a la Commission Per- manent e, laquelle statuera a bref delai, par un vote de majorite, sur le bien-fonde de la mesure proposee, sur la duree de son application et sur le taux du relevement; celui-ci ne depassera pas 1 fr. par 100 kilog. L'adhesion de la Commission ne pourra etre donnee que dans le cas ou renvahissement du marche considere serait la consequence d'une reelle inferiorite economique, et non le resultat d'une elevation factice des prix provoquee par une entente entre producteurs. A V Article XL (A.) 1. Le Gouvernement de la Grande-Bretagne declare qu'aucune prime directe ou indirecte ne sera accordee aux sucres des Colonies de la Couronne pendant la duree de la Convention, [53G] 2 D 2 404 GENERAL. [March 5, 1902. 2. II declare aussi, par mesure cxceptionnelle et tout en reservant, en principe, son entiere liberte d'action en ce qui eoncerne les relations fiseales eutre le Royaume-Uni et ses Colonies et possessions, que, pendant la duree de la Convention, aucune preference ne sera accordee dans le Royaume-Uni aux sucres coloniaux vis-a-vis des sucres originaires des Etats Contractants. 3. II declare enfin que la Convention sera soumise par ses soins aux Colonies autonomes et aux In des Orientales pour qu'elles aient la faculte d'y dormer leur adhesion. II est entendu que le Gouvernement de Sa Majeste Britan- nique a la faculte d'adherer a la Convention au nom des Colonies de la Couronne. (B.) Le Gouvernement des Pays-Baa declare que, pendant la duree de la Convention, aucune prime directe on indirecte ne sera accordee aux sucres des Colonies Neerlandaises et que ces sucres ne seront pas admis dans les Pays-Bas a un tarif moindre que celui applique aux sucres originaires des Etats Con- tractants. Le present Protocols de Cloture, qui sera ratifie en meme temps que la Convention conclue a la date de ce jour, sera coiisidere comme faisant partie integrante de cette Convention et aura meme force, valeur, et duree. En foi de quoi les Plenipotentiaires soussignes out dresse le preseDt Protocole. Fait a Bruxelles, le 5 Mars, 1902. Pour la Grande-Bretagne : (Sign6) CONSTANTINE PHIPPS. H. W. PRIMROSE. H. G. BERGNE. ARTHUR A. PEARSON. E. C. OZANNE. Pour FAllemagne : (Signe) GRAF VON WALLWITZ. VON KOERNER. KUHN. Pour 1'Autriche-Hongrie : (Signe) COMTE DE KHEVENHULLER. Pour 1'Autriche : (Signe) JORKASCH-KOCH. Pour la Hongrie : (Signe) TOEPKE ALFRED. March 5, 1902.] GENERAL. 405 Pour la Belgique : (Signe) COMTE DE SMET DE NAEYER. CAPELLE. KEBERS. D. DE SMET. BEAUDUTN. Pour 1'Espagiie : (Signe) W. R. DE VILLA URRUTIA. Pour la France : (Signe) A. GERARD. BOUSQUET. A. DELATOLIR. COURTIN. Pour 1'Italie : (Signe) R, CANTAGALLI. EMILIO MARAINI. Pour les Pays-Bas : (Signe) R. DE PESTEL. J. D'AtTLNIS DE BOUROUILL. G. ESCHAUZIER. A. VAN ROSSUM, Pour la Suede : (Signe) COMTE WRANGEL. C. TRANCHELL. PROCES- VERBAL OF DEPOSIT OF RATIFICATIONS. Les Parties Contractantes ayant unanimeinenfc accepte que 1'echange des ratifications sur la Convention relative au regime des sucres, signee a Bruxelles le 5 Mars, 1902, se ferait moyennaiit le depot des instruments respectifs aux archives du Ministere des Affaires Etrangeres de Belgique, le present proces- verbal de depot a ete, a cet efFet,. ouvert au Ministere des Affaires Etrangeres ce jourd'hui, le 18 Juin, 1902. (Signe) Ce meme jour a et effectue P. DE FAVEREAU. le depot des ratifications de Sa Majeste le Roi des Beiges. Out ete succesfivement pre- sentees au depot : 40G QENERAL. [March 5, 1902, (Signe) BtJLOW. A. GERARD. igne) . R. DE PESTEL. (Sign*) CONSTANTINE PlTIPPS. (Signe) T. B. KOZIEBRODZKI. (Signe) R. CANTAGALLI. Le 15 Janvier, 1903, les ratifi- cations de Sa Majeste .1'Empereiir d'Allemagne, Roi de Prusse. Le 29 Janvier, 1903, les rati- fications du President de la Re- publique Fran chaise. Le 30 Janvier, 1903, les rati- fications de Sa Majeste la Reine des Pays-Bas. Le 31 Janvier, 1903, les rati- fications de Sa Majeste le Roi du Royaume-Uni de la Grande- Bretagne et d'Irlande et des Possessions Britanniqnes au dela des Mers, Empereur des In des, dans les conditions indiquees a la note ci-annexee. Le 31 Janvier, 1903, les rati- fications de Sa Majeste 1'Em- pereur d'Antriche, Roi de Boheme, &c., &c., et Roi Aposto- lique de Hongrie. Le l er Fevrier, 1903, les rati- fications de Sa Majeste le Roi d'ltalie. Conformement a 1'Article XII de la Convention du 5 Mars, 1902, le present proces-verbal a ete clos a la date de ce jour.* Le Ministre des Affaires titrangeres de Belgioue. (Signe) P. DE FAVEREAU. Bruxelles, le l er Fevrier, 1903. Au moment dedeposerles ratifications de Sa Majeste Britan-. nique, son Excellence le Ministre de la Grande-Bretagne declare qu'il est indispensable de constater que le Gouvernement de Sa Majeste Britannique ne consentira dans aucun cas a ctre oblige de penaliser les sucres primes qui pourraient etre importes dans le Royaume-Uni et qui proviendraieiit de Tune ou de 1'autre des Colonies Britanniques autonomes. II declare, en outre, qu'il ne pourrait consentir a ce qu'aucune question se rattachant a cet objet soit soumise a la Commission * Sweden and Norway ratified this Convention on the 13th May, 1903. Mar. 5,1902. May 15, 1905.] GENERAL. 407 Permanente A etablir en vertu de F Article VII, et que la ratifica- tion de la Convention par Sa Majeste est deposee moyemiant la Declaration explicite mentiomiee ci-dessus. Pour copie conforme : Le Secretaire-General du Ministere des Affaires fitrangeres de Belgique, (Signe) F. A. LAMBERMONT. Brunettes, le 31 Janvier, 1903. No. 79. INDUSTRIAL PROPERTY CONVENTION. ACCESSION OF NEW ZEALAND TO THE ADDITIONAL ACT, SIGNED AT BRUSSELS, DECEMBER 14, 1900, AND ACCESSION OF CEYLON (JUNE 10, 1905) TO THE CONVENTION OF 1883, AS MODIFIED BY THE ADDITIONAL ACT OF DECEMBER 14, 1900. May 15, 1905. (No. 1.) M. Carlin to the Marquess of Lansdoione. (Received May 16.) Legation de Suisse, Londres, M. le Marquis, le 15 Mai, 1905. SUR Fordre de moil Gouvernement, j'ai I'homieur de vous faire part qu'a la dernande du Miriistre de Sa Majeste Britannique a Berne, le Conseil Federal Suisse, en date du 10 de ce mois, a notifie aux Gouverjjements membres de FUnion pour la Protection de la Propriete Indus trielle 1. Que la Colonie de la Nouvelle-Zelande, qui appartient a FUnion depuis Fannee 1891, a adhere a FActe Additionnel de Bruxelles du 14 Decembre, 1900; 2. Que la Colonie de Ceylan a accede a la Convention pour la Protection de la Propriete Industrielle du 20 Mars, 1883, telle qn'elle a etc modifiee par FActe Additionnel du 14 Decembre, 1900. Aucune date speciale n'ayant ete indiquee pour Fentree en vigueur de la Convention en ce qui concerne la Colonie de Ceylan, le Conseil Federal a fait remarquer, dans sa Circulaire aux Etats interesses, qu'il y avait lieu (Fappliquer les disposi- tions de FArticle XVI revise de la dite Convention, aux termes duquel cette derniere produit ses efFets un mois apres la GENERAL. .[May 15, 1905. Apr. 7. 1906; notification faite par le Gouvernement Suisse aux autres tats unionistes. II en result e que la Convention entrera en vigueur, en ce qui concerne Ceylan, le 10 Juin prochain. En priant votre Seigneurie de vouloir bien consentir a me donner acte de la presents communication, je saisis, &c. (Signe) CARLIN. (No. 2.) The Marquess of Lansdowne to M. Carlin. Sir, Foreign Office, June 8, 1905. I HAVE the honour to acknowledge the receipt of your note of the 15th ultimo, informing me that, at the request of His Majesty's Minister at Berne, the Swiss Federal Council notified, on the 10th ultimo, to the Governments parties to the Union for the Protection of Industrial Property 1. That the Colony of New Zealand, which has been a member of the Union since 1891, has adhered to the Additional Act signed at Brussels, December 14th, 1900 ; 2. That the Colony of Ceylon has acceded to the Industrial Property Convention of the 20th March, 1883, as modified by the Additional Act of the 14th December, 1900. You also acquaint me that, no special date having been fixed for the accession of Ceylon, the Swiss Federal Council have informed the States interested that, in accordance with Article XVI of the revised Convention, such accession will take effect one month after the notification by the Swiss Government, and that consequently the Convention will come into force, so far as regards Ceylon, on the 10th instant. In taking note of this communication, I have, &c. (Signed) LANSDOWNE. No. 80. GENERAL ACT OF THE INTERNATIONAL CONFERENCE AT ALGECIRAS RELATING TO THE AFFAIRS OF MOROCCO. April 7, 1906. [Ratifications deposited at Madrid, December 31, 1906.] Acte G-ene'ral de la Conference Internationale tf Alyeciras. Au noin de Dieu Tout-Puissant : SA Majeste le Boi du Royattme-Uni" de la Grancle-Bretagne et d'Irlancle et des territoires britanniques an dela des Mers, Empereur des Incles April 7, 1906.] GENERAL. 409 Sa Majeste 1'Empereur d'Allemagne, Eoi de Prusse, au nom de 1'Empire Allemand ; Sa Majeste 1'Empereur d'Autriche, Roi de Boheme, &c. ; et Roi Apostolique de Hongrie ; Sa Majest^ le Roi des Beiges ; Sa Majeste* le Roi d'Espagne ; Le President des Etats-Unis d'Amerique; Le President de la Re*publique Franchise ; Sa Majeste le Roi cV Italic ; Sa Majeste le Sultan du Maroc ; Sa Majeste la Reine des Pays-Bas : Sa Majeste le Roi de Portugal et des Algarves, &c., &c., &c. Sa Majeste FEmpereur de Toutes les Russies ; Sa Majeste le Roi de Suede ; S'inspirant de Finteret qui s'attache a ce que Fordre, la paix et- la prosperite regnent au Maroc, et ayant reconnu que ce but precieux ne saurait etre atteint que moyennant Fintroduction de re formes basees sur le triple principe de la souverainete et de Findependance de Sa Majeste le Sultan, de Fintcgrite' de Ses tats et de la liberte e'conomique sans aueune inegalite, out resolu, sur Finvitation qui Leur a ete adressee par Sa Majeste Ch^rifienne, de rtkmir une Conference a Algeciras pour arriver a une entente sur les dites refurmes, ainsi que pour examiner les moyens de se procurer les ressources necessaires a leur application, et ont nomnie pour Leurs Delegues Plenipotentiaires, savoir : Sa Majeste le Roi du Royaiurie-Uiii de la Grande-Bretagne et d'hiancle et des territoires britanniques an dela des niers, Empereur des Indes : Sir Arthur Nicolson, Son Ambassadeur Extraordinaire et Plenipotentiaire pres Sa Majeste FEmpereur de toutes les Russies ; Sa Majeste FEmpereur d'Allemagne, Roi de Prusse, au nom de FEmpire Allemand : Le Sieur Joseph de Radowitz, Son 4mbassadeur Extraordinaire et Plenipotentiaire pres Sa M'ajeste" Catholique, et Le Sieur Christian, Comte de Tattenbach, Son Envoye Extra- ordinaire et Ministre Plenipotentiaire pres Sa Majeste Tres-Fidele ; Sa Majeste FEmpereur d'Autriche, Roi de Boheme etc., et Roi Apostolique de Hongrie: Le Sieur Rodolphe, Comte de Welsersheimb, Son Ambassadeur Extraordinaire et Plenipotentiaire pres Sa Majeste Catholique, et Le Sieur Leopold, Comte Bolesta-Koziebrodzki, Son Envoye Extraordinaire et Ministre Plenipotentiaire au Maroc ; Sa Majeste le Roi des Beiges : Le Sieur Maurice, Baron Joostens, Son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste Catholique, et 410 GENERAL. [April 7, 1906. Le Sieur Conrad, Comte de Buisseret-Steenbecque de Blaren- ghien, Son Envoye Extraordinaire et Ministre Plenipotentiaire ait Maroc ; Sa Majeste le Boi d'Espagne : Don Juan Manuel Sanchez y Gutierrez de Castro, Due de Almodovar del Bio, Son Ministre d'fitat, et Don Juan Perez- Caballero y Ferrer, Son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste le Boi des Beiges ; Le President des iStats-Unis d'Amerique : Le Sieur Henry White, Ambassadeur Extraordinaire et Pleni- potentiaire des fitats-Unis d'Amerique pres Sa Majeste le Boi d'ltalie, et Le Sieur Samuel B. Gummere, Envoye Extraordinaire et Ministre Plenipotentiaire des iCtats-Unis d'Amerique au Maroc ; Le President de la Bepublique Frai^aise : Le Sieur Paul Bevoil, Ambassadeur Extraordinaire et Pleni- potentiahe de la Bepublique Franchise aupres de la Confederation Suisse, et Le Sieur Eugene Begnault, Ministre Plenipotentiaire ; Sa Majeste le Boi d'ltalie : Le Sieur Emile, Marquis Visconti Yenosta, Chevalier de 1'Ordre de la Tres-Sainte Annonciade, et Le Sieur Giulio Malmusi, Son Envoye Extraordinaire et Ministre Plenipotentiaire au Maroc ; Sa Majeste le Sultan du Maroc : El Hadj Mohamed Ben-el Arbi Ettorres, Son Delegue a Tanger et Son Ambassadeur Extraordinaire, El Hadj Mohamed Ben Abdesselam el Mokri, Son Ministre des Depenses, El Hadj Mohamed Es-Seffar ? et Sid Abderrhaman Bennis ; Sa Majeste la Beine des Pays-Bas : Le Sieur Jonkheer Hannibal Testa, Son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste Catholique ; Sa Majeste le Boi de Portugal et des Algarves, &c., &c., &c. : Le Sieur Antoine, Comte de Tovar, Son Envoye Extraordinaire et Ministre Plenipotentiaire pres Sa Majeste Catholique, et Le Sieur Franc.ois-Bobert, Comte de Martens Ferrao, Pair du Boyaume, Son Envoye Extraordinaire et Ministre Plenipotentiaire au Maroc ; Sa Majeste 1'Empereur de toutes les Kussies Le Sieur Arthur, Comte Cassini, Son Ambassadeur Extra- ordinaire et Plenipotentiaire pres Sa Majeste Catholique, et Le Sieur Basile Bacheracht, Son Ministre an Maroc ; April 7, 1906.] GENERAL. All Sa Majest^ le Eoi cle Suede : Le Sieur Robert Sager, Son Envoy e Extraordinaire et Miiiistre Plempotentiaire pres Sa Majeste Catholique et pres Sa Majeste Tres-Fidele ; Lesquels, munis cle pleins pouvoirs qui out cte trouves en bonne et due forme, ont, conformement au programme sur lequel Sa Majeste Cherifienne et les Puissances sont tombees d'accord, successivement discute et adopte : I. Une Declaration relative a I'organisation de la police ; II. Un Eeglement concernant la surveillance et la repression de la contrebande des armes ; III. Un Acte de concession d'une Banque d'etat marocaine ; IV. Une Declaration concernant un meilleur rendement des impots et la creation de nouveaux revenus ; Y. Un Keglement sur les Douanes de 1'Empire et la re'pres- sion de la fraude et de la contrebande ; VI. Une Declaration relative aux Services Publics et aux Travaux Publics ; et, ayant juge que ces differents documents pourraient etre utile- inent coordonnes en un seul instrument, les out reunis en im Acte general compose des Articles suivants : CHAPITRE I. Declaration relative a I' Organisation de la Police. ARTICLE l er . La Conference, appele'e par Sa Majeste le Sultan a se prononcer sur les mesures necessaires pour organiser la police, declare que les dispositions a prendre sont les suivantes. ARTICLE 2, La police sera placee sous Fautorite souveraine de Sa Majeste le Sultan. Elle sera recrutee par le Makhzen parmi les musul- mans marocains, commandee par des Cai'ds marocains et repartie dans les huit ports ouverts au commerce. ARTICLE 3. Pour venir en aide au Sultan dans I'orgamsation de cette police, des officiers et sous-officiers instructeurs espagnols, des officiers et sous-officiers instructeurs francais, seront mis a Sa disposition par leurs Gouvernements respectifs, qui souinettront leur designation a Tagrement de Sa Majeste Cherifienne. Un contrat passe entre le Makhzen et les instructeurs, en conforrnite du reglement prevu a 1'article 4, determinera les conditions de leur engagement et fixera leur solde qui ne pourra pas etre inferieure au double de la solde correspondante au grade de chaque officier ou sous-ofiicier. II leur sera alloue, en outre, uue indemnit(') de residence variable suivant les localites. Des lo^ements convenables seront mis a leur 412 GENERAL, t April 7, 1906. disposition par le Mtikhzen qui fournira egalement les montures et les fourrages necessaires. Les Gouverneinents auxquels ressjrtissent les instructeurs se reservent le droit de les rappeler efc de les remplacer par d'autres, agrees et engages dans les memes conditions. ARTICLE 4. Ces officiers et sous-officiers preteront, pour une duree de cinq annees a dater de la ratification de 1'Acte de la Conference, leur concours a Forganisation des corps de police cherifiens. Us assure- ront 1'instruction et la discipline conformement au reglement qui sera etabli sur la matiere; ils veilleront egalement a ce que les hommes enroles possedent 1'aptitude au service militaire. D'une fagon generale, ils devront surveiller 1'administration des troupes et controler le paiement de la solde qui sera effectue par 1'Amin; assiste de Tofficier instructeur comp table. Ils preteront aux autorites marocaines, investies du comniandement de ces corps, leur concours technique pour 1'exercice de ce comniandement. Les dispositions reglernentaires propres a assurer le recrute- ment, la discipline, 1'instruction et I'adininistration des corps de police seront arretees d'un commun accord entre le Minis tre de la Guerre cherifien ou son delegue, 1'inspecteur prevu a 1'article 7, 1'instructeur franqais et 1'instructeur espagnol les plus eleves en grade. Le reglement devra ^tre soumis au Corps Diplomatique & Tanger qui fornmlera son avis dans le delai d'un mois. Passe ce delai, le reglement sera mis en application. ARTICLE 5. L^ftectif total des troupes de police ne devra pas depasser deux mille cinq cents hommes ni etre inferieur a deux mille. II sera reparti suivant 1'importance des ports par groupes variant de cent cinquante a six cents hommes. Le nombre des officiers espagriols et fran9ais sera de seize a vingt ; celui des sous-officiers espagnols et frangais, de trente a quarante. ARTICLE 6. Les fonds, necessaires a 1'entretien et au paiement de la solde des troupes et des officiers et sous-officiers instructeurs, seront avances au Tresor cherifien par la Banque d'etat, dans les limites du budget annuel attribue a la police qui ne devra pas depasser deux millions et demi de pesetas pour un effectif de deux mille cinq cents hommes. ARTICLE 7. Le fonctionnement de la police sera, pendant la nieme periode de cinq annees, 1'objet d'une inspection generale qui sera confiee par Sa Majeste Cherifienne a un officier superieur de 1'armee suisse dont le choix sera propose a Son agrement par le Gouvernement federal suisse. April 7, 1906.] GENERAL. 413 Get officier prcndra le litre d'Inspecteur general et aura sa residence a Tangbr. 11 inspectera, an moms une fois par an, les divers corps do police et, a la suite de ces inspections, il c"tablira un rapport qu'il adressera au Makhzen. En dehors des rapports reguliers, il pourra, s'il le juge neces- saire, etablir des rapports speciaux sur toute question concernant le fonctionnement de la police. Sans intervenir directenient dans le commandement ou 1'instruc- tion, 1'Inspecteur general se rendra compte des resultats obtenus par la police cherifienne au point de vue du maintien de 1'ordre et de la securite dans les localites ou cette police sera installee. ARTICLE 8. Les rapports et communications, faits au Maklizen par 1'Inspec- teur general au sujet de sa mission, seront, en meme temps, rends en copie au Doyen du Corps Diplomatique a Tanger, afin que le Corps Diplomatique soit mis a meme de constater que la police cherifienne fonctionne conformement aux decisions prises par la Conference et de surveiller si elle garantit, d'une maniere efficace et conforme aux traites, la securite des personnes et des biens des ressortissants etrangers, ainsi que celle des transactions com- merciales. ARTICLE 9. En cas de reclamations dont le Corps Diplomatique serait saisi par la Legation interesse'e, le Corps Diplomatique pourra, en avisant le Eepresentant du Sultan, demander a 1'Inspecteur general de faire une enquete et d'dtablir un rapport sur ces reclamations, a toutes fins utiles. ARTICLE 10. * L'lnspecteur general recevra un traitement annuel de vingt- cinq mille francs. 11 lui sera alloue, en outre, une indemnite de six mille francs pour frais de tournees. Le Makhzen rnettra a sa disposition une maison convenable et pourvoira a 1'entretien de ses chevaux. ARTICLE 11. Les conditions materielles de son engagement et de son instal- lation, prevues a 1'article 10, feront 1'objet d'un contrat passe entre lui et le Makhzen. Ce contrat sera communique* en copie au Corps Diplomatique. ARTICLE 12. Le cadre des instructeurs de la police cherifienne (officiers et sous-officiers) sera espagnol a Tetouan, mixte a Tanger, espagnol a Larache, francais a Rabat, mixte a Casablanca, et fran^ais dans les trois autres ports. 41 4 GENERAL. [April 7, 1906. CIIAPITRE II. Reglement concernant la Surveillance et la Impression dc la Contrebandc des Armes. ARTICLE 13. Sont prohibes dans toute 1'dtendue de 1'Empire Cherifien, sauf dans les cas specifies aux articles 14 et 15, 1'importation et le commerce des armes de guerre, pieces d'armes, munitions chargees on non chargees de toutes espSces, poudres, salpetre, fulmi-coton, nitro glycerine et toutes compositions destinees exclusivement a la fabrication des munitions. ARTICLE 14. Les explosifs necessaires a I'mdustrie et aux travaux publics pourront neanmoins etre introduits. Un reglement, pris dans les formes indiquees a 1'article 18, determinera les conditions dans lesquelles sera effeetuee leur importation. ARTICLE 15. Les armes, pieces d'armes et munitions, destinees aux troupes de Sa Majeste Cherifienne, seront admises apres raccornplissement des formalites suivantes : Une declaration, signee par le Ministre de la Guerre marocain, enonqant le nombre et 1'espece des fournitures de ce genre commandoes a l'industrie etrangere, devra etre presentee a la Legation du pays d'origine qui y apposera son visa. Le dedouanement des caisses et colis contenant les armes et munitions, livrees en execution de la commande du Gouvernement marocain, sera opere sur la production : 1. de la declaration specifiee ci-dessus, 2. du connaissement indiquant le nombre, le poids des colis, le nombre et 1'espece des -armes et munitions qu'ils contiennent. Ce document devra etre vise par la Legation du pays' d'origine qui marquera au verso les quantites successives precedemment dedouanees. Le visa sera refuse a partir du moment ou la commande aura ete integralement livree. ARTICLE 16. L'importation des armes de chasse et de luxe, pieces d'armes, cartouches chargees et non chargees, est egalement interdite. Ellepourra, toutefois, etre autorisee : 1. pour les besoins strictement personnels de 1'importateur, 2. pour 1'approvisionnement des magasins d'armes autorises conformement a 1'article 18. April 7, 1906.] GENERAL. 415 ARTICLE 17. Los armes et munitions do chasso ou de luxe seront admises pour les besoms strictement personnels de I'importateur, sur la production d'un permis delivre par le Kepresentant du Makhzen a Tanger. Si 1'importateur est etranger, le permis ne sera etabli que sur la demande de la Legation dont il releve. En ce qui concerne les munitions de chasse, chaque permis portera au maximum sur mille cartouches ou les fournifeures necessaires a la fabrication de mille cartouches. Le permis ne sera donno qu'a des persormes n'ayant encouru aucune condamnation correctionnelle. ARTICLE 18. Le commerce des armes de chasse et de luxe, non rayees, de fabrication etrangere, ainsi que des munitions qui^s'y rapportent, sera reglemente, des que les circonstances le permettront, par decision cherifienne, prise conformement & 1'avis du Corps Diplo- matique a Tanger, statuant a la majorite des voix. 11 en sera de meme des decisions ayant pour but de suspendre ou de restreindre 1'exercice de ce commerce. Seules, les personnes ayant obtenu une licence speciale et temporaire du Gouvernement rnarocain, seront admises a ouvrir et exploiter des debits d'armes et de munitions de chasse. Cette licence ne sera accordee que sur demande ecrite de Tiiiteresse, appuyee d'un avis favorable de la Legation dont il releve. Des reglements pris dans la forme indique'e au paragraphe premier de cet article determineront le nombre des debits pouvant etre o averts a Tanger et, eventuellement, dans les ports qui seront ulterieurement designes. Us fixeront les ibrmalites imposees a 1'importation des explosifs a Fusage de 1'industrie et des travaux publics, des armes et munitions destinees a Fapprovisionnement des debits, ainsi que les quantites maxima qui pourront etre con- servees en depot. En cas d'irifractions aux prescriptions reglementaires, la licence pourra etre retiree a titre temporaire ou a titre definitif, sans prejudice des autres peines encourues par les de'linquants. ARTICLE 19. Toute introduction ou tentative d'introduction de rnarchandises prohibees donnera lieu a leur confiscation et, en outre, aux peines et amendes ci-dessous, qui seront prononcees par la juridiction competente. ARTICLE 20. L'introduction, ou tentative d'introduction, par un port ouvert au commerce ou par un bureau de douane, sera punie : 1. D'une amende de cinq cents u deux mille pesetas et d'une 4 1 6 GENERAL. [April 7, 1906. amende supplementaire egale a trois fois la valeur de la marchan- dise importee ; 2. D'un emprisonnement de cinq jours & un an ; on de 1'mie des deux penalites seulement. ARTICLE 21. I/introduction, on tentative d'introcluction, en dehors d'un port ou vert au commerce ou d'un bureau de douane, sera punie : 1. D'une amende de inille a cinq mille pesetas et d'une amende snpplementaire, egale a trois fois la valeur de la marchan- dise importee ; 2. D'un emprisonnement de trois mois a deux ans ; ou de Tune des deux penalites seulement. ARTICLE 22. La vente frauduleuse, le recel et le colportage des marchandises prohibees par le present reglement seront punis des peines edictees a 1'article 20. ARTICLE 23. Les complices des delits prevus aux articles 20, 21, et 22, seront passibles des memes peines que les auteurs principaux. Les Elements caracte"risant la complicity seront apprecics d'apres la legislation du tribunal saisi. ARTICLE 24. Quand il y aura des indices serieux, faisant soupgonner qu'un navire mouille dans un port ouvert au commerce transporte en vue de leur introduction au Maroc des armes, des munitions ou d'autres marchandises prohibees, les agents de la douane cherifienne devront signaler ces indices a Fautorite' consulaire competente afin que celle-ci procede, avec Fassistance d'un d^legue de la douane cherifienne, aux enquetes, verifications ou visites qu'elle jugera necessaires. ARTICLE 25. Dans le cas d'introduction ou de tentative d'introduction par mer de marchandises prohibees, en dehors d'un port ouvert au commerce, la douane marocaine pourra ainener le navire au port le plus proche pour etre remis a 1'autorite consulaire, laquelle pourra le saisir et maintenir la saisie jusqu'au paiement des amendes prononc^es. Toutefois, la saisie du navire devra etre levee, en tout etat de 1'mstance, en taut que cette mesure April 7, 1906.] GENERAL. 417 n'entravera pas 1'instruction judiciaire, sur consignation du montant maximum de 1'amende entre les mains de 1'autorite consulaire on sous caution solvable de la payer, acceptee par la clouane. ARTICLE 26. Le Makhzen coiiservera les marchandises confisquees, soit pour son propre usage, si elles peuvent lui servir, a condition que les sujets de 1'Empire ne puissent s'en procurer, soit pour les faire vendre en pays etranger. Les moyens de transport a terre pourront etre confisque's et seront vendus au profit du Tresor Cherifien. ARTICLE 27. La vente des armes reformees par le Gouvernement marocain sera prohibee dans toute 1'etendue de I'Empire Che'rifien. ARTICLE 28. Des primes, a prelever sur le montant des amendes prbnoncees, seront attributes aux indicateurs qui auront amene la de'couverte des marchandises prohibees et aux agents qui en auront ope*re la saisie : ces primes seront ainsi attributes apres deduction, s'il y a lieu, cles frais du proces, un tiers a repartir par la clouane entre les indicateurs, mi tiers aux agents ayant saisi la march andise, et un tiers au Tresor marocain. Si la saisie a ete operee sans 1'intervention d'un indicateur, la moitie des amendes sera attribuee aux agents saisissants et 1'autre moitie au Tresor cherifien. ARTICLE 29. Les autorites douanieres marocaines devront signaler directe- ment aux agents diplomatiques on consulaires les infractions au present reglement conimises par leurs ressortissants, afin que ceux-ci soient poursuivis devant la juridiction competente. Les memes infractions, conimises par des sujets marocains, seront deferees directement par la douane a 1'autorite cherifienne. Un delegue de la douane sera charge de suivre la procedure des affaires pendantes devant les diverses juridictions. ARTICLE 30. Dans la region frontiere de FAlgerie, 1'application du reglement sur la contrebande des armes restera 1'affaire exclusive de la France et du Maroc. [536] 2 E 418 GENERAL. [April 7, 190P. De rnme, rapplication du reglement sur la contrebande des armes dans le Riff et, en general, dans les regions frontieres des Possessions espagnoles, restera 1'affaire exclusive de 1'Espagne et du Maroc. CHAPITRE III. Ade de Concession cCum Banque d'fitat. ARTICLE 31. f Une Banque sera institute au Maroc suus le nom de " Banquo d'Etat du Maroc " pour exercer les droits ci-apres specifies dont la concession lui est accordee par Sa Majeste le Sultan, pour une dure'e de quaraute amides a partir de la ratification du present Acte. ARTICLE 32. La Banque, qui pourra executer toutes les operations rentrant dans les attributions d'une banque, aura le privilege exclusif d'emettre des billets au porteur, remboursables a presentation, ayant force liberatoire dans les caisses publiques de 1'Empire marocain. La Banque maintiendra, pour le terme de deux ans a compter de la date de son entree en fonctions, une encaisse au moins egale a la moitie de ses billets en circulation, et au moins egale au tiers apres cette periode de deux ans revolue. Cette encaisse sera coii- Btituee pour au moins un tiers en or ou monnaie or. ARTICLE 33. La Banque remplira, a 1'exclusion de toute autre banque ou e'tablissement de credit, les fonctions de tresorier-payeur de 1'Empire. A cet effet, le Gouvernement marocain prendra les mesures necessaires pour faire verser dans les caisses de la Banque le produit des reveims des douanes, a 1'exclusion de la partie affectee au service de TEmpi-mit 1904 et des autres revenus qu'il designera. Quant au produit de la taxe speciale creee en vue de raccom- plissement de certains travaux publics, le Gouvernement marocain devra le faire verser a la Banque, ainsi que les revenus qu'il pourrait ulterieurement affecter a la garantie de ses empnmts, la Banque etant specialement chargee d'en assurer le service, a 1'exception toutetbis de 1'Emprunt 1904 qui se trouve regi par un Contrat special. ARTICLE 34. La Banque sera 1'agent financier du Gouvernement, taut au dedans qu'au dehors de I'Einpire, sans prejudice du droit pour le April 7, 1906.] G EN ERAL. 419 Gouvernement de s'adresser h, d'autres maisons de banque on etablissements de credit pour ses empriints publics. Toutefois, pour les dits emprunts, la Banque jouira d'un droit de preference, a conditions egales, sur toute niaisou de banque on etablissement de credit. Mais, pour les Bons du Trdsor et autres effets de tresorerie a court terme que le Gouvernement marocain voudrait negocier, sans en faire 1'objet d'une emission publique, la Banque sera chargee, a 1'exclusion de tout autre etablissement, d'en faire la negotiation, soit au Maroc, soit a 1'etranger, pour le compte du Gouvernement marocain. ARTICLE 35. A valoir sur les rentr^es du Tresor, la Banque fera an Gouvernement marocain des avances en compte-courant jusqu'a concurrence d'un million de francs. La Banque ouvrira, en outre, au Gouvernement, pour une duree de dix ans a partir de sa constitution, un credit qui ne pourra pas de'passer les deux tiers de son capital initial. Ce credit sera reparti sur plusieurs annees et employe en premier lieu aux depenses d'installation et d'entretien des corps de police organises conforme'ment aux decisions prises par la Conference, et subsidiairement aux depenses de travaux d'interet general qui ne seraient pas imputees sur le fonds special prevu a Taiticle suivant. Le taux de ces deux avances sera au maximum de sept pour cent, commission de banque comprise, et la Banque pourra demander au Gouvernement de lui remettre en garantie de leur montant une somme equivalente en Bons du Tresor. Si, avant 1'expiration des dix annees, le Gouvernement marocain venait a contracter un emprunt, la Banque aurait la faculte d'obtenir le remboursement immediat des avauces faites conformement au deuxieme alin^a du present article. ARTICLE 36. Le produit de la taxe speciale (Articles 33 et 66) formera un fonds special dont la Banque tiendra une comptabilit^ a part. Ce fonds sera employe conformement aux prescriptions arretees par la Conference. En cas d'insuffisance et a valoir sur les rentrees ulterieures, la Banque pourra ouvrir a ce fonds un credit dont 1'importance ne depassera pas le montant des encaissements pendant Fannee anterieure. Les conditions de taux et de commission seront les memes que aulles fixers k Tarticle pr4c^dent pour 1'avance en compte-courant ce Tre*sor. [536] 2 E 2 420 GENERAL. [April 7, 1906. ARTICLE 37. La Banque prendra les mesures qu'elle jugera utiles pour assainir la situation monetaire au Maroc. La monnaie espagnole continuera a etre admise a la circulation avec force liberatoire, En consequence, la Banque sera exclusivement chargee de 1'achat des metaux precieux, de la frappe et de la reroute des monnaies, ainsi que de toutes autres operations raonetaires qu'elle fera pour le compte et au profit du Gouvernement marocain. ARTICLE 38. La Banque, dont le siege social sera a Tanger, etablira des succursales et agences dans les principales villes du Maroc et dans tout autre endroit ou elle le jugera utile, ARTICLE 39, Les emplacements neeessaires a I'etablisseiuent de la Banque ainsi que de ses succursales et agences au Maroc seront mis gratuitement a sa disposition par le Gouvernement et, a 1'expira- tion de la concession, le Gouvernement en reprendra possession et remboursera a la Banque les frais de construction de ces etablisse- ments. La Banque sera, en outre, autorisee a acquerir tout batiment et terrain dont elle pourrait avoir besoin pour le meme objet. ARTICLE 40. Le Gouvernement cherifien assurera sous sa responsabilite la s^curite* et la protection de la Banque, de ses succursales et agences. A cet effet, il mettra dans chaque ville une garde suffisante a la disposition de chacuu de ces etablissements. ARTICLE 41. La Banque, ses succursales et agences, seront exemptes de tout impot ou redevance ordinaire ou extraordinaire, existants ou a creer ; il en est de meme pour les immeubles affectes a ses services, les titres et coupons de ses actions et ses billets. L'importation et Texportation des metaux et monnaies destines aux operations de la Banque seront autorisees et exemptes de tout droit. ARTICLE 42. Le Gouvernement cherifien exercera sa haute surveillance sur la Banque par un Haut Commissaire marocain, nomm par lui, apres entente pr^alable avec le Conseil d'Administration de la Banque. April 7, 1906.] GENERAL. 42 1 Ce Haut Commissaire aura le droit de prendre connaissance de la gestion de la Banque; il controlera 1'emission des billets de Banque et veillera" a la stricte observation des dispositions de la concession. Le Haut Commissaire devra signer chaque billet ou y apposer son sceau ; il sera charge de la surveillance des relations de la Banque avec le Tresor Imperial. 11 ne pourra pas s'immiscer dans 1'administration et la gestion des affaires de la Banque, mais il aura toujours le droit d'assister aux reunions des Censeurs. Le Gouvernement cherifieii nommera un ou deux Commissaires adjoints qui seront specialement charges de controler les operations financieres du Tresor avec la Banque. ARTICLE 43. Un reglement, precisant les rapports de la Banque et du Gouvernement marocain, sera etabli par le Comite special prevu a 1'article 57 et approuve par les Censeurs. ARTICLE 44. . La Banque, constitute avec approbation du GoiiVernenient de Sa Majeste Che'rifieime, sous la forme des socie'te's anonymes, est regie par la.loi franchise sur la matiere. ARTICLE 45. Les actions intentees au Maroc par la Banque seront portees devant le Tribunal consulaire du defendeur ou devant la juridic- tion marocaine, conformement aux regies de competence ^tablies par les traites et les firmans cherifiens. Les actions, intentees au Maroc contre la Banque, seront portees devant un Tribunal special, compose de trois magistrats consulaires et de deux assesseurs. Le Corps Diplomatique e'tablira, chaque anne'e, la liste des magistrats, des assesseurs, et de leurs suppleants. Ce Tribunal appliquera a ces causes les regies de droit, de procedure et de competence edictees en matiere commerciale par la legislation franchise. L'appel des jugeinents prononces par ce Tribunal sera porte devant la Cour federale de Lausanne qui statuera en dernier ressort. ARTICLE 46. En cas de contestation sur les clauses de la concession ou de litiges pouvant survenir entre le Gouvernement marocain et la Banque, le differend sera sounds, sans appel ni recours, a la Cour federale de Lausanne. 422 GENERAL. [April 7, 1906. Seront egalement soumises a cette Cour, sans appel ni recours, toutes les contestations qui pourraient s'elever entre les action- naires et la Banque sur 1'exe'cution des Statuts ou a raison des affaires sociales. ARTICLE 47. Les Statuts de la Banque seront etablis d'apres les bases suivantes par un Comit4 special prevu par 1'article 57. Us seront approuve's par les Censeurs et ratifies par I'Assemblee generale des actionnaires. ARTICLE 48. L'Assemblee ge'ne'rale constitutive de la Societe fixera le lieu ou se tiendront les Assemblies des actionnaires et les reunions du Conseil d'Administration ; toutefois, ce dernier aura la faculte de se reunir dans toute autre ville s'il le juge utile. La Direction de la Banque sera fix^e a Tanger. ARTICLE 49. La Banque sera administree par un Conseil d'Administration compose d'autant de membres qu'il sera fait de parts dans le capital initial. Les administrateurs auront les pouvoirs les plus etendus pour radministration et la gestion de la Societe ; ce sont eux notamment qui nommeront les Directeurs, Sous-Directeurs et Membres de la Commission indiquee a 1'article 54, aiiisi que les Directeurs des Succursales et Agences. Tous les employes de la Societe seront recrutes, autant que possible, parmi les ressortissants des diverses Puissances qui out pris part a la souscription du capital. ARTICLE 50. Les Administrateurs, dont la nomination sera faite par 1'Assemblee generale des actionnaires, seront designes a son agr^ment par les groupes souscripteurs du capital. Le premier conseil restera en fonctions pendant cinq annees. A 1'expiration de ce delai, il sera procede a son renouvellement a raison de trois membres par an. Le sort determinera 1'ordre de sortie des Administrateurs ; ils seront reeligibles. A la constitution de la Societe, chaque groupe souscripteur aura le droit de designer autant d'Administrateurs qu'il aura souscrit de parts entieres, sans que les groupes soient obliges de porter leur choix sur un candidat de leur propre nationalite. Les groupes souscripteurs ne conserveront leur droit de designation des Administrateurs, lors du remplacement de ces derniers, ou du renouvellement de leur mandat, qu'autant qu'ils April 7, 1906. J GENERAL. 423 pourront justifier etre encore en possession d'au moins la moitie de chaque part pour laquelle ils exercent ce droit. Dans le cas ou, par suite de ces dispositions, un groupe souscripteur ne se trouverait plus en mesure de designer un administrate!!!, TAssemblee gene'rale des actionnaires, pourvoirait directeitient & cette designation. ARTICLE 51. Chacun des etablissements ci-apres : Banque de FEmpire Allemand, Banque d'Angleterre, Banque d'Espagne, Banque de France, nommera, avec Fagrement de son Gouvernement, un Censeur aupres de la Banque d'fitat du Maroc. Les Censeurs resteront en fonctions pendant quatre annees. Les Censeurs sortants peuvent etre designes a nouveau. En cas de deces ou de demission, il sera pourvu a la vacance par Fetablissement qui a precede a la designation de 1'ancien titulaire, mais seulement pour le temps ou ce dernier devait rester en charge. ARTICLE 52. Les Censeurs qui exercerout leur mandat en vertu du present Acte des Puissances signataires devront, dans 1'interet de celles-ci, veiller sur le bon fonctionnement de la Banqae et assurer la stricte observation des clauses de la Concession et des Statuts. Ils veilleront a 1'exact accomplissement des prescriptions concernant remission des billets et devront sur veiller les operations tendant a I'assainissement de la situation monetaire ; mais ils ne pourront jamais, sous quelque pretexte que ce soit, s'immiscer dans la gestion des affaires, ni dans 1'ad ministration interieure de la Banque. Chacun des Censeurs pourra examiner en tout temps les comptes de la Banque, demander, soit au Conseil d' Administration, soit a la Direction, des informations sur la gestion de la Banque et assister aux reunions du Conseil d' Administration, mais seulement avec voix consultative. Les quatre Censeurs se reuniront & Tanger, dans 1'exercice de leurs fonctions, au moins une fois tons les deux ans, a une date a concerter entre eux. D'autres reunions a Tanger ou ailleurs devront avoir lieu, si trois des Censeurs I'exigent. Les quatre Censeurs dresseront, d'un commun accord, un rapport annuel qui sera annexe a celui du Conseil d' Administra- tion. Le Conseil d'Administration transmettra, sans delai, une copie de ce rapport a chacun des Gouvernements signataires de TActe de la Conference. ARTICLE 53. Les emoluments et indemnites de deplacement, affect^s aux Censeurs, seront etablis par le Comite d'etude des Statuts. Ils seront directement verses & ces agents par les Bauques charg^es de 424 GENERAL. [April 7, 190U leur designation et rembourses a ces e*tablissements par la Banque d'fitat du Maroc. ARTICLE 54. II sera institue a Tanger aupres de la Direction une Commission dont les membres seront choisis par le Conseil d' Administration sans distinction de nationalite, parmi les notables residant a Tanger, proprietaries d'actions de la Banque. Cette Commission, qui sera presidee par un des Directeurs, on Sous-Directeurs, donnera son avis sur les escomptes et ouvertures de credits. Elle adressera un rapport mensuel sur ces diverses questions au Oouseil d' Ad ministration. ARTICLE 55. Le capital, dont Fimportance sera fixe'e par le Comite special design e* a 1'article 57, sans pouvoir etre infe'rieur k quinze millions de francs, ni superieur a vingt millions, sera forme en monnaie or et les actions, dont les coupures repre'senteront une valeur Equiva- lents a cinq cents francs, seront libellees dans les diverses monnaies or, a un change fixe, determine par les Statuts. Ce capital pourra etre ulterieurement augmente, en une ou plusieurs fois, par decision de I'Asseinblee Generale des Action- naires. La souscription de ces augmentations de capital sera reserves a tous les porteurs d'actions, sans distinction de groupe, proportion- nellement aux titres possedes par chacun d'eux. ARTICLE 56. Le capital initial de la Banque sera divis^ en autant de parts egales qu'il y aura de parties prenantes parmi les Puissances representees a la Conference. A cet effet, chaque Puissance de*signera une Banque qui exercera, soit pour elle-meme, soit pour un groupe de banques, le droit de souscription ci-dessus specific, ainsi que le droit de designation des Administrateurs prevu a 1'article 50. Toute banque, choisie comme chef de groupe, pourra avec 1'autorisation de son Gouvernement etre remplacee par une autre banque du meme pays. Les fitats, qui voudraient se prevaloir de leur droit de souscrip- tion, auront a communiquer cette intention au Gouvernement Koyal d'Espagne dans un d^lai de quatre semaines, a partir de la signature du present Acte par les representants des Puissances. Toutefois, deux parts egales a celles reservees a chacun des groupes souscripteurs seront attribuees au Consortium des banques signataires du contrat du 12 Juin 1904, en compensation de la April 7, 1906.] * GENERAL. 425 cession qui sera faite par le Consortium a la Banque d'Etat du Maroc : 1 des droits specifies a 1'article 33 du contrat ; 2 du droit inscrit a 1'article 32 (2) du contrat, concernant le solde disponible des recettes dotfanieres sous reserve expresse du privilege general confere en premier rang par 1'article 11 du meme contrat aux porteurs de Titres sur la totalite du Produit des Douanes. ARTICLE 57. Dans un delai de trois semaines a partir de la cloture de la souscription, notifie'e par le Gouvernement Eoyal d'Espagne aux Puissances interesse'es, un Comite special, compose de de'le'gue's nomme's par les groupes souscripteurs, dans les conditions prevues & 1'article 50 pour la nomination des Administrateurs, se r^unira afin d'elaborer les Statuts de la Banque. I/ Assembles generale constitutive de la Societe aura lieu dans un ddlai de deux mois, a partir de la ratification du present Acte. Le role du Comite special cessera aussitot apres la constitution de la Societe. Le Comite special fixera Iui-m6me le lieu de ses reunions. AKTICLE 58. Aucune modification aux Statuts ne pourra etre apportee si ce n'est sur la proposition du Conseil d' Administration et apres avis conforme des Censeurs et du Haut Commissaire Imperial. Ces modifications devront etre votees par FAssemblee Gifoe'rale des Actionnaires k la majorite des trois quarts des membres pr^- sents ou repr^sentes. CHAPITRE IV. Declaration concernant un Meilleur Rendernent des Impdts et la Creation de Nouveaux Revenus. ARTICLE 59. Des que le tertib sera mis execution d'une facon reguliere a 1'^gard des sujets marocains, les Representants des Puissances a Tanger y soumettront leurs ressortissants dans FEmpire. Mais il est entendu que le (lit impot ne sera applique aux etrangers, (a) que dans les conditions fixees par le reglement du Corps Diplomatique a Tanger en date du 23 Novembre 1903, (b) que dans les localite's ou il sera effectivement perqu sur les sujets marocains. Les autorites consulaires retiendront un tantieme pour cent des sommes encaissees sur leurs ressortissants pour couvrir les frais occasionnes par la redaction des roles et le recouvrement de la taxe. 426 GEL\EBAL, [April 7, 1906. Le taux de eette retenue sera fixe*, d'un commun accord, par le Makhzen et le Corps Diplomatique a Tanger. ARTICLE 60. - Conforme'inent an droit qui leur a ete reconnu par Particle 11 de la Convention de Madrid, les etrangers pourront acquerir des proprietes dans toute 1'etendue de 1'Empire Cherifien et Sa Majeste le Sultan donnera aux autorites administratives et judiciaires les instructions necessaires pour que 1'autorisation de passer les actes ne soit pas refusee sans motif legitime. Quant aux transmissions ulterieures par actes entre vifs on apres deces, elles continueront a s'exercer sans aucune entrave. Dans les ports ouverts au commerce et dans un rayon de dix kilometres autour de ces ports, Sa Majeste le Sultan accorde, d'une fac^on generale, et sans qu'il soit desormais necessaire de Fobtenir spe"cialement pour chaque achat de propriete par les etrangers, le consentement exige par 1'article 11 de la Convention de Madrid. A Ksar el Kebir, Arzila, Azemmour et, eventuellement, dans d'autres localitds du littoral on de Tinterieur, Fautorisation generale ci-dessus mentionnee est egalement accordee aux Strangers, mais seulement pour les acquisitions dans un rayon de deux kilometres autour de ces villes. Partout on les etrangers auront acquis des proprietes, ils pour- rout clever des constructions en se conformant aux reglements et usages. Avant d'autoriser la redaction des actes transmissifs de pro- priete, le Cadi devra s'assurer, conformement a la loi musulmane, de la r^gularite des titres. Le Makhzen designera, dans chacune des villes et circonscrip- tions indiquees au present article, le Cadi qui sera charg4 d'effectuer ces verifications. ARTICLE 01. Dans le but de creer de nouvelles ressources au Makhzen, la Conference recommit, en principe, qu'une taxe pourra etre etablie sur les constructions urbaines. Une partie des recettes ainsi realisees sera affectee aux besoins de la voirie et de I'liygiene municipales et, d'une fagon gen4rale, aux depenses d'amelioration et d'entretien des villes. La taxe sera due par le proprietaire marocain ou etranger sans aucune distinction ; mais le locataire ou le detenteur de la clef en sera responsable envers le Tresor marocain. Un regie in ent edicte, d'un commun accord, par le Gouverne- ment cherifien et le Corps Diplomatique a Tanger, fixera le taux de la taxe, son mode de perception et ^'application et d^terminera la quotite des ressources ainsi cr^ees qui devra etre affecte'e aux depenses d'amelioration et d'entretien des villes. April 7, 1906.] GENERAL. 427 A Tanger, cette quotite sera verse*e au Conseil sanitaire inter- national, qui en reglera Femploi jusqu'a la creation d'une organisa- tion municipale. ARTICLE 62. Sa Majeste Ch4rifienne, ayant decide' en 1901 que les fonction- naires marocains, charges de la perception des impots agricoles, ne recevraient plus des populations ni sokhra ni mouna, la Conference estiine que cette regie devra etra ge*neralisee autant que possible. ARTICLE 63. Les Delegues cherifiens out expose que des biens habous ou certaines proprie*tes domaniales, notamment des immeubles du Makhzen, occupes contre paiement de la redevance de six pour cent, sont detenus par des ressortissants Strangers, sans titres re'guliers ou en vertu de contrats sujets a revision. La Confe- rence, d^sireuse de remedier a cet etat de choses, charge le Corps Diplomatique a Tanger de donner une solution equitable a, ces deux questions, d'accord avec le Commissaire special que Sa MajestS Cherifienne voudra bien designer a cet effet. ARTICLE 64. La Conference prend acte des propositions formulees par les Dengues cherifiens an sujet de la creation de taxes sur certains commerces, industries et professions. Si, a la suite de 1'application de ces taxes aux sujets marocains, le Corps Diplomatique a Tanger estimait qu'il y a lieu de les etendre aux ressortissants etrangers, il est des a present specific que les ditos taxes seront exclusivement municipales. ARTICLE 65. La Conference se rallie a la proposition faite par la Delegation marocaine d'etablir avec 1'assistance du Corps Diplomatique : (a) un droit de timbre sur les contrats et actes authentiques passes devant les adoul ; (b) un droit de mutation, au maximum de deux pour cent, sur les ventes immobilizes ; (c) un droit de statistique et de pesage, au maximum de un pour cent ad valorem', sur les merchandises transportees par cabotage ; (d) un droit de passeport a percevoir sur les sujets marocains ; (c) eventuellement, des droits de quais et de phares dont le produit devra etre affecte a 1'amelioration des ports. 428 GENERAL. [April 7, 1906. ARTICLE 66. A titre temporaire, les marchandises d'origine e"trangere seront fra.ppees a leur entree an Maroc d'une taxe speciale s'elevant a deux et demi pour cent ad valorem. Le produit integral de cette taxe formera un fonds special qui sera affecte aux depenses et a I'execution de travaux publics, destines an developpement de la navigation et du commerce en general dans 1'Empire cherifien. Le programme des travaux et leur ordre de priorite seront arretes, d'un commun accord, par le Gouvernement cherifien et par le Corps Diplomatique a Tanger. Les etudes, devis, projets et cahiers des charges s'y rapportant seront etablis par un ingenieur competent nomme par le Gou- vernement cherifien d'accord avec le Corps Diplomatique. Get ingenieur pourra, au besoin, etre assiste d'un ou plusieurs inge- nieurs adjoints. Leur traitement sera impute sur les fonds de la caisse speciale. f Les fonds de la caisse speciale seront deposes a la Banque d'Etat du Maroc qui en tiendra la comptabilite. Les adjudications publiques seront passees dans les formes et suivant les conditions ge'nerales prescrites par un Eeglement que le Corps Diplomatique a Tanger est charge d'etablir avec le Repre- sentant de Sa Majeste Cherifienne. Le bureau d'adjudication sera compose d'un representant du Gouvernement cherilien, de cinq delegues du Corps Diplomatique et de ringenieur. L'adj udication sera prononcee en faveur du soumissionnaire qui, en se conformant aux prescriptions du cahier des charges, presentera 1'offre remplissant les conditions generales les plus avan tageuses. En ce qui concerne les sommes provenant de la taxe speciale et qui seraient per^ues dans les bureaux de douane etablis dans les regions visees par 1'article 10o du Reglement sur les douanes, leur emploi sera regie par le Makhzen avec 1'agrement de la Puissance limitrophe, conformement aux prescriptions du present article. ARTICLE 67. La Conference, sous reserve des observations presentees a ce sujet, emet le vceu que les droits d'exportation des marchandises ci-apres soient reduits de la raaniere suivante : Pois chiches ... ... ... ... 20 pour 100 Mais 20 100 Orge ... ... ... ... ... 50 100 Ble 34 100 ARTICLE 68. Sa Majeste Cherifienne conseutira a elever a dix mille le chiffre de six inille tetes de betail de Tespece bovine que chaque April 7, 1906.] GENERAL. 429 Puissance aura le droit d'exporter du Maroc. L'exportation pourra avoir lieu par tous les bureaux de douane. Si, par suite de circoustances malheureuses, une penurie de betail etait constatee dans une region determinee, Sa Majeste Cherifienne pourrait inter- dire temporairement la sortie du betail par le port, on les ports qui desservent cette region. Cette mesure ne devra pas exceder une duree de deux annees ; elle ne pourra pas etre appliquee a la fois a tous les ports de ['Empire, II est d'ailleurs entendu que les dispositions precedentes ne modifient pas les autres conditions de 1'exportation du betail fixees par les firmans anterieurs. La Conference emet, en outre, le voeu qu'un service d'inspection veterinaire soit organist an plus tot dans les ports de la cote, ARTICLE 69. Conformement aux decisions anterieures de Sa Majeste Cherifienne et notanmient a la decision du 28 septembre 1901, est autorise entre tous les ports de FEmpire le transport par cabotage des cereales, graines, legumes, oeufs, fruits, volailles, et, en general des marchandises et anirnaux de toute espece, originaires on non du Maroc, a 1'exception des chevaux, mulcts, anes et chameaux pour lesquels nn perniis special du Makhzen sera necessaire. Le cabotage pourra etre eftectue par des bateaux de toute nationality sans que les dits articles aient a payer les droits d'exportatiori, mais en se conformant aux droits speciaux et aux regiements siir la matiere. ARTICLE 70. Le taux des droits de stationneinent on d'ancrage imposes aux navires dans les ports marocains se trouvant fixe par des traites passes avec certain es Puissances, ces Puissances se montrent disposees a consentir la revision des dits droits. Le Corps Diplomatique a Tanger est charge d'etablir, d'accord avec le Makhzen, les conditions de la revision qui ne pourra avoir lieu qu'apres rainelioration des ports. ARTICLE 71. Les droits de magasinage en douane seront perc^us dans tous les ports marocains on il existera des entrepots suffisants, con- formement aux regiements pris ou a prendre sur la matiere par le Gouvernernent de Sa Majeste Cherifienne, d'accord avec le Corps Diplomatique a Tanger. ARTICLE 72. L'opium 'et le kif continueront a faire 1'objet d'un nionopoLe au profit du Gouvernement ch^rifien. Neanmoins, rimportation de 430 GENERAL. [April 7, 1906, 1'opium specialement destine a des emplois pharmaceutiques sera autorisee par permis special, delivre par le Makhzen, sur la demands de la Legation dont releve le pharmacien ou medecin importateur. Le Gouvernernent Cherifien et le Corps Diplo- matique regleront, d'un commun accord, la quantite maxima a introduire. ARTICLE 73, Les Representants des Puissances prennent acte de rintention du Gouvernernent cherifien d'etendre aux tabacs de toutes sortes le rnonopole existant en ce qui concerne le tabac a priser. Us reservent le droit de leurs ressortissants a etre dument indemnises des prejudices que le dit monopole pour rait occasionner a ceux d'entre eux qui auraient des industries creees sous le regime actuel concernant le tabac. A defaut d'entente amiable, 1'indemnite sera fixe'e par des experts designes par le Makhzen et par le Corps Diplomatique, en se conformant aux dispositions arretees en matiere d'expropriation pour cause d'utilite publique. ARTICLE 74. Le principe de 1'adjudication, sans acception de nationalite, sera applique aux fermes concernant le monopole de 1'opium et du kif. II en serait de meme pour le monopole du tabac, s'il etait etabli, ARTICLE 75. Au cas ou il y aurait lieu de modifier quelqu'une des dispositions de la presente declaration, une entente devra s'etablir a ce sujet entre le Makhzen et le Corps Diplomatique a Tanger. ARTICLE 76. Dans tous les cas prevus par la presente declaration, ou le Corps Diplomatique sera appele a inter venir, sauf en ce qui con- cerne les Articles 64, 70, et 75, les decisions seront prises a la majorite des voix. CHAPITRE V. Rkglement sur les Douanes de VEmpire et la Expression de la Fraude el de la Contrebande. ARTICLE 77. Tout capitaine de navire de commerce, venant de 1'e'tranger ou, du Maroc, devra, dans les vingt-quatre heures de son admission en libre pratique dans un des ports de TEmpire, deposer au bureau de April 7, 1906.] GENERAL. 43 1 douane une copie exacte de son manifesto, signee par lui et cerfcifiee conforme par le consignataire du navire. II devra, en outre, s'il en est requis, douner communication aux agents de la douane de Foriginal de son manifeste. La douane aura la faculty d'installer a bord un on plusieurs garcliens pour prevenir tout trafic illegal, ARTICLE 78. Sont exempts du depot du manifeste : 1. Les batiments de guerre ou affretes pour le compte d'une Puissance ; 2. Les canots appartenant a des particuliers, qui s'en servent pour leur usage, en s'abstenant de tout transport de marchandises ; 3. Les bateaux ou embarcations employes a la peche en vue des cotes ; 4. Les yachts uniquement employes a la navigation do plaisance et enregistres au port d'attacbe dans cette categoric ; 5. Les navires charges specialement de la pose et de la repara- tion des cables telegraphiques ; 6. Les bateaux uniquement affectes au sauvetage ; 7. Les batiments hospitaliers ; 8. Les navires-ecoles de la marine marchande. ne se livrant pas a des operations commerciales. ARTICLE 79. Le manifeste, depose a la douane, devra annoncer la nature et la provenance de la cargaison avec les marques et numeros des caisses, balles, ballots, barriques, &c. ARTICLE 80. Quand il y aura des indices serieux faisant soupQonner rinexactitude du manifeste, ou quand le capitaine du navire refusera de se preter a la visite et aux verifications des agents de la douane, le cas sera signale a 1'autorite consulaire competente afin que celle-ci precede avec un delegue de la douane cherifienne, aux enquetes, visites et verifications qu'elle jugera necessaires, ARTICLE 81. Si, a 1'expiration du delai de vingt-quatre heures indique a Farticle 77, le capitaine n'a pas depose son manifeste, il sera passible, a moins que le retard ne provienne d'un cas de. force majeure, d'une amende de cent cinquante pesetas par jour de retard, sans toutefois que cette amende puisse de*passer six cents pesetas. Si le capitaine a pre*sent4 frauduleusement un manifeste 432 GENERAL. [April?, 1906 inexact ou incomplet, il sera personnellement condamne au paiement d'une somme egale a la valeur des marchandises pour lesquelles il n'a pas produit de manifeste, et a une amende de cinq cents a mille pesetas, et le batiment et les marchandises pourront en outre etre saisis par 1'autorite consulaire compe'tente pour la surete de Tamende. ARTICLE 82. Toute personne, au moment de dedouaner les marchandises importees ou destinies a 1'exportation, doit faire a la douane une declaration detaillee, enongant 1'espece, la qualite, le poids, le nombre, la mesure et la valeur des marchandises, ainsi que 1'espece les marques et les numeros des colis qui les contiennent, ARTICLE 83. Dans le cas oti, lors de la visite, on trouvera moins de colis ou de marchandises qu'il n'en a e*te declare, le declarant, a moins qu'il ne puisse justifier de sa bonne foi, devra payer double droit pour les marchandises manquant, et les marchandises presentees seront retenues en douane pour la surete de ce double droit ; si, au contraire, on trouve a la visite un excedent quant au nombre des colis, a la quantite ou au poids des marchandises, cet excedent sera saisi et connsque au profit du Makhzen a moins que le declarant ne puisse justifier de sa bonne foi. ARTICLE 84, Si la declaration a e*te. reconnue inexacte quant a 1'espece ou a la qualite, et si le declarant ne pent justifier de sa bonne foi, les marchandises inexactement declarees seront saisies et confisquees au profit du Makhzen par I'autorit4 competente. ARTICLE 85. Dans le cas ou la declaration serait reconnue inexacte quant a la valeur declaree et si le declarant ne peut justifier de sa bonne foi, la douane pourra, soit prelever le clroit en nature seance tenante, soit, au cas ou la marchandise est indivisible, acque'rir la dite marchandise, en payant immediatement au declarant la valeur declaree, augmentee de cinq pour cent. ARTICLE 86. Si la declaration est reconnue fausse quant a la nature des marchandises, celles-ci seront conside'rees comme n'ayant pas e'te' declarers et 1'infraction tombera sous 1'application des articles 88 et 90 ci-apres et sera punie des peines prevues aux dits articles. April 7, 1006.] GENEKAL. 433 ARTICLE 87. Toute tentative on tout flagrant delit d'introduction, toute tentative on tout flagrant delit d'exportation en contrebande de marchandises soumises au droit, soit par mer, soit par terre, seront passibles de la confiscation des marchandises, sans prejudice des peines et amendes ci-dessous qui seront prononcees par la jurtdic- tion competente. Seront en outre saisis et confisques les moyens de transport par terre dans le cas oil la contrebande constituera la partie priucipale du charge men t. ARTICLE 88. Toute tentative on tout .flagrant delit d'introduction, toute tentative on tout flagrant delit d'exportation en contrebande par im port ouvert au commerce on par un bureau de douane, seront pimis d'une amende ne depassant pas le triple de la valeur des marchandises, objet de la fraude, et d'un emprisonnement de cinq jours a six mois, ou de 1'une des deux peines seulement. ARTICLE 89. Toute tentative ou tout flagrant delit d'introduction, toute tentative ou tout flagrant delit d'exportation, en dehors d'un port ouvert au commerce ou d'un bureau de douane, seront punis d'une amende de trois cents a cinq cents pesetas et d'une amende supple- mentaire egaler a trois fois la valeur de la marchandise ou d'un emprisonnement d'un mois a un an. ARTICLE 90. Les complices des de'lits prevus aux articles 88 et 89 seront passibles des memes peines que les auteurs principaux. Les (Elements caracterisant la complicity seront apprecies d'apres la legislation du tribunal saisi. ARTICLE 91. En cas de tentative ou flagrant delit d'importation, de tentative ou flagrant/lelit d'exportation de marchandises par un navire en dehors d'un port ouvert au commerce, la douane marocaine pourra amener le navire au port le plus proche pour etre remis a 1'autorite consulaire, laquelle pourra le saisir et maintenir la saisie jusqu'a ce qu'il ait acquitte le montant des condamnations prononcees. La saisie du navire devra etre levee, en tout etat de 1'instance, en tant que cette mesure n'entravera pas 1'instruction judiciaire, sur consignation du montant maximum de 1'amende entre les mains de 1'autorite consulaire ou sous caution solvable de la payer acceptee par la douane, [536] 2 F 434 GENERAL. [April 7, 1906. ARTICLE 92. Les dispositions des articles precedents seront applicables h In navigation de cabotage. * ARTICLE 93. Les marchandises, non soumises aux droits d'exportation , embarquees dans un port marocain pour etre transporters par mer dans un autre port de I'Empire, devront etre accompagnees d'un certificat de sortie delivre par la douane, sous peine d'etre assu- jetties au paiement du droit d'importation et meme confisquees si elles ne figuraient pas au manifesto. ARTICLE 94. Le - transport par cabotage des produits soumis aux droits d'exportatioii ne pourra s'effectuer qu'en consignant au bureau de depart, contre quittance, le montant des droits d'exportation relatifs a ces marchandises. Cette consignation sera remboursee au deposant par le bureau ou elle a ete effective, sur production d'une declaration revetue par la douane de la mention d'arrivce de la marchandise et de la quittance constatant le depot des droits. Les pieces justilieatives de 1'arrivee de la marchandise devront etre proCuites dans les trois mois de 1'expedition. Passe ce delai, a moins que le retard ne provienne d'un cas de force majeure, la somme consignee deviendra la propriety du Makhzen. ARTICLE 95. Les droits d'entree et de sortie seront payes au comptant au bureau de douane on la liquidation aura &i& effectuee. Les droits ad valorem seront liquides suivant la valeur au comptant et en gros de la marchandise rendue au bureau de douane, et Tranche de droits de douane et de magasinage. En cas d'avaries, il sera tenu compte, dans 1'estimation, de la depreciation subie par la marchan- dise. Les marchandises ne pourront etre retirees qu'apres le paiement des droits de douane et de magasinage. Toute prise en charge ou perception devra faire 1'ubjet d'un recepisse regulier, delivre par Tagent charge de 1'operation. ARTICLE 96. La valeur des principales marchandises taxees par les Douanes marocaines sera determinee chaque annee ; dans les conditions April 7, 1906. ] GENERAL. 435 specifiees a 1'article precedent, par une Commission des valeurs douanieres, r^unie a, Tanger et composed de : 1. Trois membres designes par le Gouvernement marocain, 2. Trois membres designes par le Corps Diplomatique a Tanger, 3. Un delegue de la Banque d'Etat, 4. Un agent de la Delegation de FEmprunt marocaiu --%, 1904. La Commission nommera clouze a vingt membres honoraires domicilie's an Maroc, qu'elle consultera quand il s'agira de fixer les valeurs et toutes les fois qu'elle le jugera utile. Ces membres bonoraires seront choisis sur les listes des notables, dtablies par chaque Legation pour les etrangers et par le Eepresentant du Sultan pour les marocains. Us seront designes, autant que possible, proportionnellement & 1'importance du commerce de chaque nation. La Commission sera nominee pour trois annees. Le tarif des valeurs fixees par elle servira de base aux estima- tions qui seront faites dans chaque bureau par I'administration des douanes marocairies. II sera affiche dans les bureaux de douane et dans les chancelleries des Legations ou des Consulats a Tanger. Le tarif sera susceptible d'etre revise au bout de six mois, si des modifications notables sont survenues dans la valeur de certaines marchandises. ARTICLE 97. Uu Comite permanent, dit " Comite des douanes," est institue a Tanger et nomme pour trois annees. II sera compose d'un Commissaire special de Sa Majeste Cherifienne, d'un membre du Corps Diplomatique ou Consulaire designe par le Corp Diplo- matique a Tanger, et d'un delegue de la Banque d'Etat. II pourra s'adjoindre, a titre consultatif, un ou plusieurs repre- sentants du service des Douanes. Ce Comite exercera sa haute surveillance sur le fonctionnement des Douanes et pourra proposer a Sa Majeste Cherifienne les mesures qui seraieut propres a apporter des ameliorations dans le service et a assurer la regularite et le controle des operations et perceptions (debarquements, embarquements, transport a terre, manipulations, entrees et sorties des marchandises, magasinage, estimation, liquidation et perception des taxes). Par la creation du " Comite des douanes," il ne sera porte aucune atteinte aux droits stipules en faveur des porteurs de litres par les articles 15 et 16 du Contrat d'einprunt du 12 Juin 1904. Des instructions, elaborees par le Comite des douanes et les services interesses, deterrnineront les details de 1'application de 1'article 96 et du present article. Elles seront soumises a Tavis du Corps Diplomatique. [536] 2 F 2 436 GENERAL. [April 7, 1906. ARTECLE 98. Dans les douanes ou il existe des magasios suffisants, le service de la douane prend en charge les merchandises debarquees a partir du moment ou elles sont remises, centre re'cepisse, par le capitaine du bateau aux agents prepose's a' 1'acconage jusqu'au moment ou elles sont regulierement dedouanees. 11 est responsable des dommages causes par les pertes ou avaries de marchandise qui sont impu tables a la faute ou a la negligence de ses agents. 11 n'est pas responsable des avaries resultant soit du deperissement naturel de la marchandise, soit de son trop long sejour en magasin, soit des cas de force majeure. Dans les douanes ou il n'y a pas de magasins suffisants, les agents du Makhzen sont seulement teuus d'employer les moyens de preservation dont dispose le bureau de la douane." line revision du Keglement de magasinage, actuellement en vigueur, sera effective par les soins du Corps Diplomatique st^tuant a la majority de, concert avec le Gouvernement cherifien. ARTICLE 99. Les marchandises et les moyens de transport a terre confisques seront vendus par les soins de la douane, dans un delai de huit jours a partir du jugement definitif rendu par le tribunal com- petent, ARTICLE 100. Le produit net de la vente des marchandises et objets con- fisques est acquis de'finitivement a 1'Stat ; celui des amendes pe'cuniaires, ainsi que le montant des transactions, seront, apres deduction des frais de toute nature, repartis entre le Tresor cherifien et ceux qui auront participe a la repression de la fraude ou de la contrebande. Un tiers a re*partir par la douane entre les indicateurs, Un tiers aux. agents ayant saisi la marchandise, Un tiers au Tresor marocain. Si la saisie a e'te operee sans 1'intervention d'un indicateur, la moitie des amendes sera attribute aux agents saisissants et 1'autre moitie au Tresor marocain. ARTICLE 101. Les autorite's douanieres marocaines devront signaler directe- ment aux agents diplomatiques ou consulaires les infractions au present reglement commises par lenrs ressortissants, afin que ceux-ci soient poursuivis devant la juridiction competente. Les memes infractions, commises par des sujets marocains, seront defere'es directement par la douane a 1'autorite ch^rifienne. Un d^l^gue de la douane sera charge de suivre la procedure des affaires pendantes devant les di verses juridictions. April 7, 1906.] GENERAL. 437 ARTICLE 102. Toute confiscation, amende, on penalite' devra etre prononcee pour les Grangers par la juridiction consulaire et pour les sujets marocains par la juridiction cherifienne. ARTICLE 103. Dans la region frontiere de 1'Algerie, 1'appli cation du present reglement restera 1'affaire exclusive de la France et du Maroc. De meme, Fapplication de ce reglement dans le Riff, et, en general, dans les regions frontieres des Possessions espagnoles, restera 1'affaire exclusive de 1'Espagne et du Maroc. ARTICLE 104 Les dispositions du present reglement, autres qne celles qui s'appliquent aux penalites, pourront etre revisees par le Corps Diplomatique a Tanger, statuant a I'unanimite des voix, et d'accord avec le Makhzen, a 1'expiration d'un de"lai de deux ans a dater de son entree en vigueur. CHAPITRE VI. Declaration relative aux Services Publics et aux Travaux Publics. ARTICLE 105. En vue d'assurer 1'application du priucipe de la libert^ economique sans aucune inegalite', les Puissances signataires declarent qu'aucun des services publics de 1'Empire Cherifien ne pourra etre aliene au profit cVinterets particuliers. ARTICLE 106. Dans le cas oii le Gouvernement cherifien croirait devoir faire appel aux capitaux etrangers ou a Tindustrie etrangere pour 1'exploitation de services publics ou pour 1'execution de travaux publics, routes, chemins de fer, ports, telegraplies et autres, les Puissances sigiiataires se reservent de veiller- a ce que 1'autorite de 1'fitat sur ces grandes entreprises d'interet general demeure entiere. ARTICLE 107. La validite des concessions qui seraient faites aux termes de 1'article 106 ainsi que pour les fournitures d'fitat sera subordonn^e, dans tout 1'Empire cherifien, au principe de radjudication publiqiie, 438 GENERAL. [April 7, 1900. sans acception de nationalite, pour toutes les niatieres qui, confor- mement aux regies suivies dans les legislations etrangeres, en comportent 1'appiication. ARTICLE 108. Le Gouvernement cherifien, des qu'il aura decide de proceder par voie d'adjudication a Fexecution des travaux publics, en fera part au Corps Diplomatique ; il lui cominuniquera, par la suite, les cahiers des charges, plans, et tons les documents annexes au projet d'adjudication, de maniere que les nationaux de toutes les Puissances signataires puissent se rendre compte des travaux projetes et etre a meme d'y concourir. Un delai suffisant sera fixe a cet effet par 1'avis d'adjudication. ARTICLE 109. Le cahier des charges ne clevra contenir, ni directement ni ndirectement, aucune condition ou disposition qui puisse porter atteinte a la libre concurrence et mettre en etat d'inferiorite les concurrents d'une nationalite vis-a-vis des concurrents d'une autre nationalite. ARTICLE 110. Les adjudications seront passees dans les formes et suivant les conditions generales prescrites par un reglernent que le Gouverne- ment cherifien arretera avec 1'assistance du Corps Diplomatique. L 'adjudication sera prononcee par le Gouvernement cherifien en faveur du soumissionnaire qui, en se conformant aux prescrip- tions du cahier des charges, presentera 1'ofire remplissant les conditions generales les plus avantageuses. ARTICLE 111. Les regies des articles 106 a 110 seront appliquees aux conces- sions d'exploitation de forets de chenes-lieges, conformement aux dispositions en usage dans les legislations etrangeres. ARTICLE 112. Un firman cherifien determinera les conditions de concession et d'exploitation des 'mines, minieres et carrieres. Dans I'elabora- tion de ce firman, le Gouvernement cherifien s'inspirera des legislations etrangeres existant sur la matiere. ARTICLE 113. Si, dans les cas mentionnes aux articles 106 a 112, il ecait n^cessaire d'occuper certains immeubles, il pourra etre proced<^ a April 7, 1906.] GENERAL. 439 leur expropriation nioyennant le versenient prealable d'une juste indemnit^ et conformement aux regies sui van tes. ARTICLE 114. L'expropriation ne pourra avoir lieu que pour cause d'ntilite* publique et qu'autant que la necessite en aura ete constatee par une enquete administrative dont un reglement cherifien, avec 1'assistance du Corps Diplomatique, fixera les formalites. ARTICLE 115. Si les proprietaires d'immeubles sont sujets marocains, Sa Majeste Cherifienne prendra les mesures necessaires pour qu'aucun obstacle ne soit apporte a 1'execution des travaux qu'Elle aura declares d'utilite publique. ARTICLE 116. S'il s'agit de proprietaires etrangers, il sera precede* a Fexpro- priation de la maniere suivante : En cas de disaccord entre radministration competente et le proprietaire de Fimmeuble a exproprier, 1'indemnite sera fixee par un jury special, on, s'il y a lieu, par arbitrage. ARTICLE 117. Ce jury sera compose de six experts estimateurs, choisis trois par le proprietaire, trois par radministration qui poursuivra 1'expropriation. L'avis de la majorite absolue pr^vaudra. S'il ne pent se former de majorite, le proprie'taire et rad- ministration nommeront chacun un arbitre et ces deux arbitres designeront le tiers arbitre. A defaut d'entente pour la designation du tiers arbitre, ce dernier sera nomine par le Corps Diplomatique a Tanger. ARTICLE 118. Les arbitres devront etre choisis sur une liste etablie au debut de Tannee par le Corps Diplomatique et, autant que possible, par mi les experts ne residant pas dans la localite ou s'execute le travail. ARTICLE 119. Le prcprietaire pourra faire appel de la decision rendue par les arbitres, devant la juridiction competente, et conformement aux regies fixees en matiere d'arbitrage par la legislation a laquelle il ressortit. 440 GENERAL. [April 7, 1906; CHAPITRE VII. Dispositions Gfdndrales. ARTICLE 120. En vue de mettre, s'il y a lieu, sa legislation en harmonie avec les engagements contracted par le present Acte General, chacune des Puissances signataires s'oblige a provoquer, en ce qui la concerne, 1'adoption des mesures legislatives qui seraient ndces- saires. ARTICLE 121. Le present Acte General sera ratifi^ suivant les lois constitu- tionnelles particulieres & chaque Etat ; les ratifications seront deposees a Madrid le plus tot que faire se pourra, et au plus tarcl le trente et un Decembre mille neuf cent six. II sera dresse* du depot un proces-verbal dont une copie certifie'e conforme sera remise aux Puissances signataires par la voie diplomatique. ARTICLE 122. Le present Acte General entrera en vigueur le jour on toutes les ratifications auront ete deposees, et au plus tard le trente et un Decembre mille neuf cent six. Au cas ou les mesures legislatives spe*ciales qui dans certains pays seraient necessaires pour assurer Tapplication a leurs nationaux residant au Maroc de quelques-unes des stipulations du present Acte General, n'auraient pas etc" adoptees avant la date fixee pour la ratification, ces stipulations ne deviendraient ap- plicables, en ce qui les concerne, qu'apres que les mesures legisla- tives ci-dessus visdes auraient ete promulguees* ARTICLE 123 ET DERNIER* Tous les traites, conventions et arrangements des Puissances signataires avec le Maroc restent en vigueur. Toutefois, il est entendu qu'en cas de conflit entre leurs dispositions et celles du present Acte General, les stipulations de ce dernier prevaudront. En foi de quoi, les Delegues Plenipotentiaires ont signe le present Acte General et y ont appos^ leur cachet. Fait & Alge*ciras le septieme jour d'Avril mille neuf cent six, en un seul exemplaire qui restera depose clans les archives du Gouvernement de Sa Majeste Catholique et dont des copies certifies conformes seront remises par la voie diplomatique aux Puissances signataires. Pour la Grande-Bretagne J (L.S.) A, NICOLSOK. April 7, 1906.} GENERAL, 441 Pour I'Allemagne : (L.S.) RADOWITZ. (L.S.) TATTENBACH. Pour 1'Autriche-Hongrie : (L.S.) WELSEESHEIMB. (L.S.) BOLESTA-KOZIEBRODZKI. Pour la Belgique : (L.S.) JOOSTENS. (LS.) Comte CONRAD DE BUISSERET. Pour 1'Espagne : (LS.) El Duque DE ALMODOVAR DEL RIO, (L.S.) J. PfiREZ-CABALLERO. Pour les liltats-Unis d'Ame'rique (Sous reserve de la declaration faite en seance pleniere de la Conference le 7 Avril, 1906) : (L.S.) HENRY WHITE. (L.S.) SAMUEL R. GUMMERfi. Pour la France : (LS.) KtfVOIL. (LS.) KEGNAULT. Pour 1'Italie : (LS.) VISCONTI VENOSTA. (LS.) G. MALMUSI. Pour le Ma roc : * Pour les Pays.-Bas : (LS.) H. TESTA. Pour le Portugal : (L.S.) Conde DE TOVAR. (L.S.) Conde DE MARTENS FERRAO. * See Imperial Decree on p. 444. 4 42 GENERAL. [April 7, 1906. Pour la llussie : (L.S.) CASSINI. (L.S.) BAS1LE BACHERACHT. Pour la Suede : (L.S.) EOBEET SAGEK. PROTOCOLE ADDITIONNEL. Au moment cle proceder a la signature de 1'Acte general de la Conference d'Algeciras, les Delegues de la Grande -Bretagne, d'Allemagne, d'Autriche-Hongrie, de Belgiqne, d'Espagne, des liltats-Unis d'Ame'rique, de France, d'ltalie, des Pays-Bas, de Portugal, de Eussie et de Suede, Tenant compte de ce que les Delegues du Maroc ont declare ne pas etre en mesure pour le moment, d'y apposer leur signature, 1'eloignement ne leur permettant pas d'obtenir a bref delai la reponse de Sa Majeste Cherifienne concernant les points an sujet desquels ils ont cru devoir Lui en referer, S'engagent reciproquement, en vertu de leurs memes pleins pouvoirs, a unir leurs efforts, en vue de la ratification integrate par Sa Majeste* Cherifienne du dit Acte General et en vue de ]a mise en vigueur simultanee des reformes qui y sont prevues et qui sont solidaires les unes des autres. Ils conviennent, en consequence, de charger Son Excellence M. Malmusi, Ministre d'ltalie au Maroc et Doyen du Corps Diplomatique a Tanger, de i'aire les demarches necessaires a cet effet, en appelant 1'attention de Sa Majeste le Sultan sur les grands avantages qui re'sulteront pour Son Empire des stipula- tions adoptees a la Conference par Funanimite des Puissances signataires. L'adhesion donnee par Sa Majeste Cherifienne a 1'Acte General de la Conference d'Algeciras devra etre communiquee, par Tintermediaire du Gouvernement de Sa Majeste Catholique, aux Gouvernements des autres Puissances signataires. Cette adhesion aura la meme force que si les Delegues du Maroc eussent appose leur signature sur TActe General et tiendra lieu de ratification par Sa Majeste Cherifienne. En foi de quoi, les Delegues de la Grande-Bretagne, d'Alle- magne, d'Autriche-Hongrie, de Belgique, d'Espagne, des Etats- Unis d'Amerique, de France, d'ltalie, des Pays-Bas, de Portugal, de Russie et de Suede, ont signe le present Protocole additionnel et y ont appose leur cachet. Fait a Algeciras, le septieme jour d'Avril, mille neuf cent six, en un seul exemplaire qui restera depose dans les archives du April 7, 1906.] GENERAL. 443 Gouvernement de Sa Majeste Catholique et dont des copies, certifides conformes, seront remises, par la voie diplomatique, aux Puissances signataires. Pour la Grande-Bretagne : (L.S.) A. NICOLSON. Pour 1'Allemagne : (L.S.) EADOWITZ. (L.S.) TATTENBACH. Pour I'Autriche-Hongrie :. (L.S.) WELSERSHEIMB. (L.S.; BOLESTA-KOZIEBRODZKI. Pour la Belgique : (L.S.) JOOSTENS. (L.S.) Comte CONRAD DE BUISSEKET. Pour 1'Espagne : (L.S.) El Duque DE ALMODOVAR DEL RIO. (L.S.) J. PfiREZ-CABALLERO. Pour les iStats-Ums d'Amerique (Sous reserve de la declaration faite en seance ple*niere de la Conference le 7 Avril, 1U06): (L.S.) HENRY WHITE. (L.S.) SAMUEL R. GUMMER& Pour la France : (L.S.) RfiVOIL. (L.S.) REGNAULT. Pour Tltalie : (L.S.) VISCONTI 'VENOSTA. (L.S.) G. MALMUSI. Pour les Pays-Bas : (L.S.) H. TESTA. Pour le Portugal : (L.S.) Conde DE TOVAR. (X.S.) Conde DE MARTENS FERRAO. 444 GENERAL. [April 7, 1906. Pour la Eussie : (L.S.) CASSINI. (L.S.) BASILE BACHEEACHT. Pour la Suede : (L.S.) EGBERT SAGEE, DECLARATION BY THE UNITED STATES' DELEGATE, APRIL 7, 1906. LE Gouvernement des Etats-Uma d'Ainerique, n'ayarit pas d'inte'rets politiques au Maroc, et n'ayant e'te', en prenant part a cette Conference, aniine de de*sirs et intentions autres que de eontribuer a assurer a toutes les nations 1'egalite la plus etendue au Maroc en matiere de commerce, de traitement et de prerogatives, et d'y faciliter 1'introduction de reformes dont le resultat serait un bien-etre general base sur une cordialite complete de relations exterieures et une stabilite administrative interieure, declare: qu'en s'associant aux Eeglements et Declarations de la Conference par la signature de 1'Acte General, sous reserve de ratification en conformite avec les lois constitutionnelles, et du Protocol Addi- tionnel, et en acceptant leur application aux citoyens et aux interets Amerieains au Maroc, il ne prend sur lui aucune obliga- tion ou responsabilite par rapport aux mesures qui pourraient etre necessaires pour la mise a execution des dits Eeglements et Declarations. IMPERIAL DECREE RATIFYING THE GENERAL ACT OF THE INTERNATIONAL CONFERENCE AT ALGECIRAS. (Literal translation.) Gloire a Dieu Unique : Son regne seul est eternel. (Sceau du Sultan Abclulazis-ben-Hassan.) PAR le present Edit nous faisons savoir que nous avons 111 ce qui a ete elabore par nos Delegti^s Clierifiens et les Delegues des Grandes et Hautes Puissances amies dans les seances de la Conference reunie dans la ville d'Algeciras en 1'annee 1324 de THegire, correspondant a 1'annee 1 90(5 de 1'ere Chretienne, pour examiner les reformes (a introduire) dans cet Empire Moghrebin, basees, en premier lieu, sur trois principes, a savoir : maintien de notre souverainete [dans le texte : de nos droits souverairis], de Tindependance de notre Empire susdit et de la liberte econo- mique en fait d'ceuvres publiques. Ensuite, les reformes qui, basees sur les principes susdits, ont ete resumees en sept chapitres, qui sont : I. Declaration relative a 1'organisation de la police dans les ports de notre Empire ouverts (au commerce^. April 7, 1006.] .GENERAL. 445 2. Reg-lenient concernant la surveillance et la repression de la contrebande des armes dans le territoire de cet Empire. 3. Acte de concession d'une banque au nom du Gouverne- ment Marocain. 4. Declaration concernant un meilleur rendement des impots existant et la creation de nouveaux revenus. 5. Reglement sur les douanesde 1'Empire et la repression de la fraud e et de la contrebande. 6. Reglement concernant les raoyens d'executer les tfavaux publics. 7. Dispositions generales* pour la ratification et Fexecution de 1'Acte General. Chacim de ces chapitres comprend un nombre d' Articles, en tout 123 Articles. ' ' Apres avoir examine 1'Acte qui consolide les Articles susdits et qui porte la date du 12 Safar d 1'annee courante, correspondant au 7 Avril, 1906, et apres nous etre penetres do ce meme Acte, du commencement a la fin, nous avons pris la determination Cherifienne de 1'approuver, de le ratifier, de 1'accepter et de 1'executer entierement. Ainsi donne par notre ordre, ordre, fort et puissant par la volonte de Dieu, le 26 e jour de Rabi' II, 1324, correspondant au 18 Juin, 1900, de Fere Cbretienne. Pour traduction certifiee conforme, Le Vice-Consul, Interprete de la Legation d'ltalie, , (Signe; A. M. LAREDO. Fex, le 18 Juin, 1906. 446 GERMANY. [April J, 1869. GERMANY, No. 81. DECLARATION FOR THE ADMISSION DUTY FREE INTO GREAT BRITAIN AND THE ZOLLVEREIN, OF PATTERNS AND SAMPLES IMPORTED BY COMMERCIAL TRAVELLERS. [ Signed at Berlin, April ], 1869.' Declaration. THE Un dei-signed, Her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary to the North German Con- federation, and the President of the Federal Office, in the name of the Presidency of the German Customs and Commercial Union, being duly authorized to that effect, hereby declare that articles liable to duty, serving as patterns and samples, which are introduced into Great Britain by commercial travellers of the Zollverein States, or into the Zollverein by commercial travellers of Great Britain, shall henceforth be admitted free of duty, subject to the following formalities requisite to insure their being re-exported or placed in bond : 1. The officers of Customs at any port or place at which the patterns and samples may be imported, shall ascertain the amount of duty chargeable thereon. That amount must either be deposited by the commercial traveller at the Custom-house in money, or ample security must be given for it. 2. For the purpose of identification each separate pattern or sample will, as far as possible, be marked, free oi expense, by the affixing of a stamp, or by means of a seal, or leaden seal, being attached to it. 3. A permit or certificate shall be given to the importer which shall contain (a.) A list of the patterns or samples imported, specifying the nature of the goods, and also such particular marks as may be proper for the purpose of identification ; * Signed also in German, April 1, 1869. Mar. 27,1874.] GERMANY. 447 (It.) A statement of the duty chargeable on the patterns or samples, as also whether the amount was deposited in money, or whether security was given for it ; (c.) A statement relative to the manner in which the patterns or samples were marked ; (d.) The appointment of a period, which at the utmost must not exceed twelve months, at the expiration of which, unless it is proved that the patterns or samples have been previously re-exported or placed in bond, the amount of duty deposited will be carried to the public account, or the amount recovered under the security given. 4. Patterns or samples may also be re-exported through any other Custom-house than the one through which they were imported. 5. If before the expiration of the appointed time (3, d), the patterns or samples should be presented at the Custom-house of any port or place for the purpose of re-exportation, or being placed in bond, the officers at such port or place must satisfy themselves by examination whether the articles which are brought to them are the same as those for which the permit of entry was granted. If there are no objections in this respect, the officers will certify the re-exportation or deposit in bond, and will refund the duty which had been deposited, or will take the necessary steps for discharging the security. In witness whereof the Undersigned have signed the present Declaration, and have affixed thereto the seal of their arms. Done at Berlin, the 1st day of April, 1869. (L.S.) AUGUSTUS LOFTUS. (L.S.) DELBRUCK. No. 82. DECLARATION EXCHANGED BETWEEN GREAT BRITAIN AND GERMANY RELATIVE TO JOINT STOCK COMPANIES. Signed at London, Marcli 27, 1874.* THE Government of Her Majesty the Queen of Great Britain and Ireland, and the Government of His Majesty the Emperor * Signed also in German. 448 GERMANY. [March 27, 1874, of Germany, King of Prussia, with a view to the reciprocal regulation in the two countries of the position of Joint Stock Companies, and other commercial, industrial, and financial Associations, have respectively authorized the Right Honourable the Earl of Derby, Baron Stanley of Bickerstaffe, a Peer and a Baronet of England, a Member of Her Majesty's Privy Council, Her Majesty's Principal Secretary of State for Foreign Affairs ; and His Excellency George Count Miinster, Marshal Hereditary of Hanover, &c., &c., &c., Ambassador Extraordinary and Plenipotentiary of His Majesty the Emperor of Germany, King of Prussia, to Hei- Britannic Majesty, to agree ' That Joint Stock Companies and other Associations, com- mercial, industrial, and financial, constituted and authorized in conformity with the laws in force in either of the two countries, may freely exercise in the dominions of the other all their rights, including that of appearing before tribunals, whether for the purpose of bringing an action or for defending themselves, in conformity, however, with the laws and customs in force in the said countries. That these dispositions shall be applicable as well to Companies and Associations constituted and authorized pre- viously to the signature of this Convention, as to those which may subsequently be so constituted and authorized. It is agreed that such Companies or Associations constituted in either of the two countries, shall only be admitted to the exercise of their business or trade in the dominions of the other country, if found to be in compliance with the conditions prescribed by the laws of that country. That the said Convention, made without limits as to duration, may be revoked by either party giving a year's previous notice, arid that such modifications may, by common consent, be introduced into it which experience may show to be desirable. Done at London, in duplicate, the 27th of March, 1874. (L.S.) DERBY. (L,S.) MUNSTEPv. May- June, 1885.] GERM AN Y. 449 No. 83, ARRANGEMENT BETWEEN GREAT BRITAIN AND GERMANY RELATIVE TO THEIR RESPECTIVE SPHERES OF ACTION IN PORTIONS OF AFRICA, May-June, 1885, No differential Treatment. Duties. Protection of Persons and Property Most-favoured-nation Treatment. Earl G-ranmlle to Count Munster. M. PAmbassadeur, Foreign Office, May 16, 1885. DR. KRAUEL, in his recent interviews respecting the arrange- ment now concluded regarding the Protectorates of Great Britain and Germany on the African coast, stated that it is the wish of the German Government that the settlement of the boundary between the British and German Protectorates on the Gulf of Guinea should be followed by negotiations for a commercial arrangement insuring equality of treatment for the trade of the two countries in the respective Protectorates. It was pointed out that while Her Majesty's Government fully accepted the principle of equality of treatment, it was premature to negotiate the adoption of formal engagements as the question of the administration of the Protectorates must first be settled. Dr. Krauel urged that at any rate such assurances might be exchanged as might satisfy traders that there would be no differential treatment, and that no excessive duties would be imposed. These assurances Her Majesty's Government have no difficulty in giving, and I have conse- quently to request your Excellency to convey to the German Government the following expression of their views and intentions ; Her Majesty's Government cannot at present make any definite declaration as to the limit of duties to be imposed, but they are prepared to give the assurance that those duties will be levied solely for the purpose of meeting the expenses neces- sary to enable them to carry out the obligations imposed upon them by the Protectorates, and that they will be as moderate as possible. They are prepared to give every assurance that there shall be no differential treatment of foreigners or foreign goods. They will be fully prepared to apply to the British Pro- tectorates the provisions of the second paragraph of the Vth Article of the Act of Berlin, which secures protection to the persons and property of foreigners, and to engage that [536J 2 G 450 GERMA NY. [May-June, 1885. there shall be no differential treatment of foreigners as to settlement or access to the markets, it being understood that the regulation of these questions must be subject to administrative dispositions in the interests of commerce and of order. They are ready to undertake that no less than four months' notice shall be given by the local authorities of the adoption of any alteration in the Tariff of duties. ' I have to request your Excellency to explain that these assurances are given subject only to the receipt of a reciprocal undertaking from the German Government as regards the German Protectorates, and I shall be glad to learn from your Excellency whether the German Government are prepared to give such an undertaking. 1 have, &c. (Signed) GRANVILLE. No differential Treatment. Duties. Protection of Persons and Property. Most-favoured-nation Treatment. Count Munster to Earl Granville. (Received June 2.) (Translation.) My Lord, Gentian Embassy, London, June 2, 1885. IN your note of the 16th ultimo you communicated to me a resume of the Rules which the British Government are prepared to observe for the regulation of trade and commerce in the territories on the Gulf of Guinea which are under their protection. You added that the engagement to carry out these Rules was made 011 the understanding that assurances of a similar nature would be given on the part of the Imperial Government as to the German Protectorates on the Gulf of Guinea. I did not omit to bring your above-mentioned note to the notice of my Government, and I am now authorized to make the following answer : With respect to the promises made by the British Govern- ^ment, the Government of His Majesty the Emperor declares itself ready to make the following engagements with regard to its Protectorates on the Gulf of Guinea : Customs shall only be raised to such an amount as may be considered sufficient to cover the expenses arising from the taking over of the Protectorate. The customs rates shall be fixed as low as possible, without, however, being confined to any fixed maximum. There shall be no differential treatment of British subjects or British goods. May-June, 1885.] GERMANY. 451 The conditions in section 2 of Article V of the General Act of the Berlin Conference of the 26th February last, which pro- vided for the security of the persons and property of foreigners, shall be applicable to British subjects in German Protectorates ; and with the reservation of certain Governmental regulations in the interests of trade and public order, no differential treat- ment of British subjects with regard to their establishment at or communications with the markets shall take place. Any changes in the Customs Tariff shall be made known at least four months before their execution by the local authori- ties. I have, &c. (Signed) MUNSTER. No differential Treatment. Duties. Protection of Persons and Property. Most-favoured-nation Treatment. Earl G-ranville to Baron Plessen. M. le Baron, Foreign Office, June 10, 1885. I HAVE the honour to request that you will be good enough to furnish me with an explanation of the point which is not altogether clear in the note from his Excellency Count Minister of the 2nd instant, on the subject of the commercial relations of Great Britain and Germany in the territories in the Gulf of Guinea under their Protectorate. In my note of the 16th May I said that Her Majesty's Government would be ready to give every assurance that there should, in the British Protectorate, be no differential treatment of foreigners. ' I added that they would be prepared to engage that there should be no differential treatment as to settlement or access to the markets, it being understood that the regula- tion of these questions, as well as of the application of the provisions of Article V of the Act of Berlin, must be subject to administrative dispositions in the interests of commerce and of order. In Count Minister's reply a corresponding general assurance was given as to differential treatment, and in response to the suggestion as to the additional engagement, the following words are used: " essoll . . . vorbehaltlich gewisser Verwaltungs Vorschrifteu im Interesse des Haiidels und der offentlichen Ordnung, keiiie uiigleiche Behaiidlung von Englischen Uiiter- thanen in Bezug auf Niederlassung oder Zugang zu den Handelsmarkten gestattet sein." I have the honour to inquire whether the meaning of these words is that the equality of treatment of British subjects as to settlement or access to markets is subject to regulations to be made from time to time ; and if this is the meaning, as it doubtless will have arisen [536] 2 G 2 452 GERMANY. from a misconception of the phrase used in my note, I have to explain that the assurance which it was intended that the two Governments should exchange was that there should be abso- lute equality of treatment on these points. In making the reservation respecting regulations my object was to let it be understood that foreigners would be subject, equally with British subjects, to such rules as regards settlement and access as the Administration might think proper to impose. I have, &c. (Signed) GRANVILLE. Earl G-mnville to Sir E. Malet. Sir, Foreign Office, June 16 ; 1885. BARON VON PLESSEN called to-day and stated that he had been instructed to explain, in reply to my note to Count Mtinster of the 10th instant, that the passage in his Excellency's note to which I had referred was meant to be a translation of the corresponding passage in my note of the 16th May. He said that he was authorized to state that the German Govern- ment understood the assurance given by them in the same sense as that in which Her Majesty's Government interpreted the assurance given on the part of England. I am, &c., (Signed) GRANVILLE. No. 84. DECLARATION BETWEEN GREAT BRITAIN AND GERMANY RELATING TO THE RECIPROCAL FREEDOM OF TRADE AND COMMERCE IN THE BRITISH AND GERMAN POSSESSIONS AND PROTECTORATES IN THE WESTERN PACIFIC. Signed at Berlin, April 10, 1886.* THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of His Majesty the German Emperor, having resolved to guarantee to each other, so soon as the British and German * Signed also in German, April 10, 1886.] GERMANY. 453 spheres of influence in the Western Pacific have been demar- cated, reciprocal freedom of trade and commerce in their possessions and Protectorates within the limits specified in the present Declaration, the Undersigned, Sir Edward Baldwin Malet, Her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary; and Count Herbert Bismarck, His Imperial Majesty's Under- Secretary of State for Foreign Affairs, having been duly empowered to that effect, have agreed, on behalf of their respective Governments, to make the following Declaration : Definition of " Western Pacific" 1. For the purpose of this Declaration the expression ** Western Pacific " means that part of the Pacific Ocean lying between the 15th parallel of north latitude and the 30th parallel of south latitude, and between the 165th meridian of longitude west and the 130th meridian of longitude east of Greenwich. Freedom of Residence. Acquisition of Property. Trade. Freedom of Religious Worship. Protection and Privileges. National Treatment. 2. The Government of Her Britannic Majesty and the Government of His Majesty the Emperor agree that the subjects of either State shall be free to resort to all the possessions or Protectorates of the other State in the Western. Pacific, and to settle there, and to acquire and to hold all kinds of property, and to engage in all descriptions of trade and professions, and agricultural and industrial undertakings, subject to the same conditions and laws, and enjoying the same religious freedom, and the same protection and privileges, as the subjects of the Sovereign or Protecting State. Vessels. Most-favoured-nation and National Treatment. Imports. Most-favoured -nation Treatment. 3. In all the British and German possessions and Protec- torates in the Western Pacific the ships of both States shall in all respects reciprocally enjoy equal treatment as well as most- favoured-nation treatment, and merchandize of whatever origin imported by the subjects of either State, under whatever flag, shall not be liable to any other or higher duties than that imported by the subjects of the other State or of any third Power. Land Claims. 4. All disputed claims to land alleged to have been acquired by a British, subject in a German possession or Protectorate, or 454 GERMANY. [April 10, 1886. May &, 1893. by a German subject in a British possession or Protectorate, prior to the Proclamation of sovereignty or of Protectorate by either of the two Governments, shall be examined and decided by a Mixed Commission, to be nominated for that purpose by the two Governments. The claim may, however, be settled by the local authority alone, if the claimant to the land makes formal application to that effect. Penal Settlements. 5. Both Governments engage not to establish any Penal Settlements in, or to transport convicts to, the Western Pacific. Colonies excepted. 6. In this. Declaration the words "possessions and Pro- tectorates in the Western Pacific " shall not include the Colonies which now have fully constituted Governments and Legislatures. The present Declaration shall take effect from the date of its signature. Declared and signed, in duplicate, at Berlin, this 10th day of April, 1886. (L.S.) EDWARD B. MALLET. (L.S.) GRAF BISMARCK. No. 85. AGREEMENT BETWEEN GREAT BRITAIN AND GERMANY, MODIFY- ING THE AGREEMENT OF 1885 WITH REGARD TO THE NOTICE TO BE GIVEN BEFORE ALTERING THE RATES OF TARIFF DUTIES IN THEIR PROTECTORATES IN THE GULF OF GUINEA. Berlin, May -f 7t 1893. (No. 1.) Mr. Trench to Baron von Marschall. M. le Baron, Berlin, May 5, 1893. IT will be within your Excellency's recollection that, in the Agreement entered into between Her Majesty's Government May &, 1893.] GERMANY. 455 and the Imperial Government in 1885, and recorded in the note addressed 011 the 16th May of that year by Earl Granville to the Imperial Ambassador in London, upon the subject of Tariff duties in the territories of the Gulf of Guinea under their Protectorate, it was prescribed that not less than four months' notice should be given by the local officials of either Govern- ment of the adoption of any alterations in those duties. Her Majesty's Government have now arrived at the con- clusion that a reduction of the stipulated period from- four months to one month would be of great assistance to both Administrations as tending to prevent the local traders from importing largely within the prescribed period goods about to be taxed. I have accordingly the honour, by direction of the Earl of Rosebery, to invite your Excellency's attention to the modifica- tion suggested, with a view to its adoption, should it appear acceptable to the Imperial Government. I avail, &c., (Signed) P. LE POER TRENCH. (No. 2.) Baron von Marschall to Mr. Trench. (Translation.) M. le Charge d' Affaires, Berlin, May 19, 1893. IN your note of the 5th instant you suggested an alteration -in the Agreement arrived at between the German and English Governments by the exchange of notes of the 16th May (2nd June), 1885, viz., that the period prescribed to elapse between the notice given of changes in the Customs Tariff of the possessions of either country 011 the Gulf of Guinea, and their being put into execution, should be reduced from four months to one month. I have the honour to inform you of my agreement with the proposal in question, and to add that I have instructed the Governor of the Carneroons in. regard to the publication of the alteration. I avail, &c., (Signed) MARSCHALL. 456 GERMANY. [April 1, 1903. No. 86. ACCESSION OF GERMANY TO THE INDUSTRIAL PROPERTY CONVENTION OF MARCH 20 ; 1883, &c. April 1, 1903. (No. 1.) M. Carlin to the Marquess of Lansdowne. (Received April 3.). M. le Marquis, Londres, le l er Avril, 1903. SUR 1'ordre du Conseil Federal Suisse, j'ai 1'honneur d'informer votre Seigneurie que, par note du 21 ultimo la Legation de 1'Empire Allemand a Berne a fait connaitre 1'adhe- sion de son Gouvernement 1. A la Convention pour la Protection de laPropriete Indus- trielle, conclue a Paris le 20 Mars, 1883, et au Protocole de Cloture y annexe : 2. Au Protocole concernant la dotation du Bureau Inter- national pour la Protection de la Propriete' Industrielle, signe a Madrid le 15 Avril, 1891 ; 3. A 1'Acte Additionnel conclu a Bruxelles de 14 Decembre, 1900, modifiant la Convention du 20 Mars, 1883, et le Protocole de Cloture y annexe. Cette adhesion ressortira ses effets a partir du l er Mai prochain. En ce qui concerne la contribution aux depenses du Bureau International, 1'Empire Allernand sera range dans la premiere classe. En faisant cette communication et pour eviter tout malentendu, la Legation Imperiale Allemande fait ressortir que 1'Empire n'entrera dans aucun rapport legal, sur la base de la dite Union, avec ceux des fitats unionistes qui n'ont pas encore sanctionne 1'Acte Additionnel de Bruxelles, atissi longtemps que leur ratification lie sera pas intervenue. Je serais tres vivement oblige & votre Seigneurie de vouloir bien consentir a me donner acte de la presente notification, et je saisis, &c. (Signe) CARLIN. (No. 2.) The Marquess of Lansdowne to M. Carlin. Sir, Foreign Office, April 9, 1903. I HAVE the honour to acknowledge the receipt of your note of the 1st instant, in which you inform me that, on the Apr. 1,1903. Mar. ft, 1906.] GERMANY. 457 2 1st ultimo, the German Legation at Berne notified the acces- sion of Germany, from May 1 next, to (1) the Convention, concluded at Paris on March 20, 1883, for the Protection of Industrial Property and to the Final Protocol annexed thereto ; (2) to the Protocol signed at Madrid on April 15, 1891, relative to the endowment of the International Bureau for the Pro- tection of Industrial Property ; and (3) to the Additional Act signed at Brussels, December 14, 1900, and to the Final Protocol annexed thereto. You also inform me that Germany will be placed in the first class as regards its contribution to the expenses of the International Bureau. His Majesty's Government note that the German Govern- ment will enter into no legal obligation, as regards the Union, with such of the States, parties thereto, who have not yet agreed to the Additional Act of Brussels, so long as their ratification shall not have been deposited. I have, &c. (Signed) LANSDOWNE. No. 87, EXCHANGE OF NOTES BETWEEN GREAT BRITAIN AND GERMANY AS TO THE RECIPROCAL PROTECTION OF TRADE-MARKS IN CHINA. March ^, 1906. (No. 1.) Sir Edward Grey to Count Mctternich. Your Excellency, Foreign Office, March 23, 1906. WITH reference to our recent conversations respecting the mutual protection of British and German trade-marks in China, I have the honour to state that under the Order in Council of the 2nd February, 1899, it is open to a German whose trade- mark has been infringed by a British subject in China to take proceedings against the latter in the British Court, provided (1.) That the consent in writing of His Majesty's Minister or Charge d' Affaires be obtained to the prosecution ; but (2.) Such consent may be withheld unless His Majesty's Minister or Charge d' Affaires is satisfied that effectual provision exists for the punishment in the German Consular Court of German subjects infringing British trade-marks, I have the honour to inform your Excellency that it is not open to doubt that in practice the consent of the British 458 GERMANY. [March |f, 1906. Minister would be given in any and every case where full reciprocity could be and was granted by Germany. His Majesty's Representative at Peking will be instructed accordingly, as soon as the German Government inform His Majesty's Government that it is open to British subjects to take proceedings before the German Consular Courts in China against persons subject to German Consular jurisdiction who infringe trade-marks duly registered in Germany, and that the German Consuls in China have received instructions in that sense. I have, &c., (Signed) EDWARD GREY. (No. 2.) Count Metternick to Sir Hdward G-rey. (Translation.) Your EJxcellency, German Embassy ', London, March 26, 1906. I HAVE the honour to acknowledge the receipt of your Excellency's note of the 23rd instant, in which you state that it is open to a German subject in China to take proceedings in the competent British Consular Court against a British subject for infringement of his trade -marks, provided that the British diplomatic Representative in Peking gives his consent thereto in writing. This consent will, according to the contents of your Excellency's note above mentioned, be accorded without doubt in every case, provided that reciprocity is given. In reply to your Excellency's note I am directed by my Government to state that the Imperial German Law for the protection of trade-marks of the 12th May, 1894 (" Reichsgesetzblatt," p. 441), is in force in the districts where there are German Consular Courts, section 19 of the German Law on Consular Jurisdiction of the 7th April, 1900 ("Reichsgesetzblatt," p. 213), and that, moreover, the German Consular Judges in China are authorized to take legal pro- ceedings against persons subject to their jurisdiction who make unauthorized use of a trade-mark duly registered in Germany in favour of a British subject. The German Consuls in China will be furnished with instructions in accordance with the foregoing. I have, &c., (Signed) 'P. METTERNICH. November 10, 1886.] GREECE. 459 GREECE. No. 88. TREATY OF COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND GREECE. Signed at Athens, November 10, 1886J [Ratifications exchanged at Athens, April 21, 1887.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the King of the Hellenes, being desirous to extend and facilitate the relations of commerce between their respective subjects and dominions, have determined to conclude a new Treaty with this object, and they have appointed their respective Plenipo- tentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Horace Rumbold, a Baronet of Great Britain, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, and Her Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Hellenes; And His Majesty the King of the Hellenes, M. Stephen Dragoumi, Minister for Foreign Affairs ; 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. Commerce and Navigation. National Treatment. There shall be between the dominions and possessions of the two High Contracting Parties reciprocal freedom of commerce and navigation. The subjects of each of the two Parties shall have liberty freely to come, with their ships and * Signed also in Greek. 460 GREECE. [November 10, 1886. cargoes, to all places, ports, and rivers in the dominions and possessions of the other to which native subjects generally are or may be permitted to come, and shall enjoy respectively the same rights, privileges, liberties, favours, immunities, and ex- emptions in matters of commerce and navigation which are or may be enjoyed by native subjects, without having* to pay any tax or impost greater than those paid by the same, and they shall be subject to the laws and regulations in force. ARTICLE II. Imports: Duties and Prohibitions. Most-favoured-nation Treatment. No other or higher duties shall be imposed on the importa- tion into the dominions and possessions of Her Britannic Majesty of any article the produce or manufacture of the dominions and possessions of His Majesty the King of the Hellenes, from whatever place arriving, and no other or higher duties shall be imposed on the importation into the dominions and possessions of His Majesty the King of the Hellenes of any article the produce or manufacture of Her Britannic Majesty's dominions and possessions, from whatever place arriving, than on articles produced or manufactured in any other foreign country ; nor shall any prohibition be maintained or imposed on the importation of any article the produce or manufacture of the dominions and possessions of either of the Contracting Parties into the dominions and possessions of the other, from whatever place arriving, which shall not equally extend to the importation of the like articles being the produce or manu- facture of any other country. This last provision is not applicable to the sanitary and other prohibitions occasioned by the necessity of protecting the safety of persons or of cattle, or of plants useful to agriculture. ARTICLE III. Exports : Ditties and Prohibitions. Most-favoured-ncttion Treatment. No other or higher duties or charges shall be imposed in the dominions and possessions of either of the Contracting Parties on the exportation of any article to the dominions and possessions of the other than such as are or may be payable on the exportation of the like article to any other foreign country ; nor shall any prohibition be imposed on the exportation of any article from the dominions and possessions of either of the two Contracting Parties to the dominions and possessions of the November 10, 1886.] GREECE, 461 other which shall not equally extend to the exportation of the like article to any other country. ABTICLE IV. Exemption from Transit Duties. Warehousing, Bounties, Facilities and Drawbacks. National Treatment. The subjects of each of the Contracting Parties shall enjoy in the dominions and possessions of the other, exemption from all transit duties, .and a perfect equality of treatment with native subjects in all that relates to warehousing, bounties, facilities, and drawbacks. ARTICLE V. Imports in Vessels of either Country. National Treatment. All articles which are or may be legally imported into the ports of the dominions and possessions of Her Britannic Majesty in British vessels may likewise be imported into those ports in Hellenic vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in British vessels ; and reciprocally all articles which are or may be legally imported into the ports of the dominions and possessions of His Majesty the King of the Hellenes in Hellenic vessels may likewise be imported into those ports in British vessels without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Hellenic vessels. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other place. Exports in Vessels of either Country. Bounties, Drawbacks, &c. National Treatment. In the same manner, there shall be perfect equality of treatment in regard to exportation, so that the same export duties shall be paid, and the same bounties and drawbacks allowed, in the dominions and possessions of either of the Contracting Parties on the exportation of any article which is or may be legally exported therefrom, whether such exporta- tion shall take place in Hellenic or in British vessels, and whatever may be the place of destination, whether a port of either of the Contracting Parties, or of any third Power. I 462 GBEECE. [November 10, 1886. ARTICLE VI. Tonnage, Harbmir, Pilotage, Lighthouse, Quarantine and other Dues. National Treatment. No duties of tonnage, harbour, pilotage, lighthouse, quaran- tine, or other similar or corresponding duties of whatever nature, or under whatever denomination, levied in the name or for the profit of Government, public functionaries, private individuals, corporations, or establishments of any kind, shall be imposed in the ports of the dominions and possessions of either country upon the vessels of the other country which shall not equally and under the same conditions be imposed in the like cases on national vessels in general. Such equality of treatment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive, aud whatever may be their place of destination. ARTICLE VII. Coasting Trade, Stationing, Loading, and Unloading of Vessels. National Treatment. In all that regards the coasting trade, the stationing, loading, and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and possessions of the two countries, no privilege shall be granted to national vessels which shall not be equally granted to vessels of the other country ; the intention of the Contracting Parties being that in these respects also the respective vessels shall be treated on the footing of perfect equality. ARTICLE VIII. Wrecks and Salvage. National Treatment. Any ship of war or merchant-vessel of either of the Con- tracting Parties which may be compelled by stress of weather, or by accident, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary stores, and to put to sea again, without paying any dues other than such as would be payable in a similar case by a national vessel. In case, however, the master of a merchant-vessel should be under the necessity of disposing of a part of his merchandize in order to defray his expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come. If any ship of war or merchant-vessel of one of the Con- November 10, 1886.] GKEECE. 463 tracting Parties should run aground or be wrecked upon the coast of the other, such ship or vessel, and all parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize saved therefrom, including any which may have been cast into the sea, or the proceeds thereof if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents when claimed by them. If there are no such owners or agents on the spot, then the same shall be delivered to the British or Hellenic Consul-General, Consul, Vice-Consul, or Consular Agent in whose district the wreck or stranding may have taken place, upon being claimed by him within the period fixed by the laws of the country ; and such Consuls, owners, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been' payable in the like case of a wreck of a national vessel. The goods and merchandize saved from the wreck shall be exempt from all duties of Customs, unless cleared for con- sumption, in which case they shall pay the same rate of duty as if they had been imported in a national vessel. In the case either of a vessel being driven in by stress of weather, run aground, or wrecked, the respective Consuls- General, Consuls, Vice-Consuis, and Consular Agents shall, if the owner or master or other agent of the owner is not present, or is present and requires it, be authorized to interpose in order to afford the necessary assistance to their fellow-countrymen. ARTICLE IX. National Vessels. All vessels which, according to British law, are to be deemed British vessels, and all vessels which, according to Hellenic law, are to be deemed Hellenic vessels, shall, for the purposes of this Treaty, be deemed British and Hellenic vessels respectively. ARTICLE X. Commerce and Navigation. Most-favoured nation Treatment. The Contracting Parties agree that, in all matters relating to commerce arid navigation, any privilege, favour, or immunity whatever which either Contracting Party has actually granted or may hereafter grant to the subjects or citizens of any other State shall be extended immediately and unconditionally to the subjects or citizens of the other Contracting Party; it being their intention that the trade and navigation of 464 GREECE. [November 10 3 1886. country shall be placed, in all respects, by the other on the footing of the most favoured nation. ARTICLE XL Appointment and Privileges of Consular Officers. Most-favoured- nation Treatment. It shall be free to each of the Contracting Parties to appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents to reside in the towns and ports of the dominions and possessions of the other, Such Consuls-General, Consuls, Vice-Consuls, and Consular Agents, however, shall not enter upon their functions until after they shall have been approved and admitted in the usual form by the Government to which they are sent. They shall enjoy all the faculties, privileges, exemptions, and immunities of every kind which are or shall be granted to Consuls of the most favoured nation. ARTICLE XII. Freedom of Residence and Travel. Hiring, &c., of Houses and Warehouses, &c. Employment of Agents. Passports. Taxes, &c. Na tiona I Treatm ent. The subjects of each of the Contracting Parties who shall conform themselves to the laws of the country 1. Shall have full liberty, with their families, to enter, travel, or reside in any part of the dominions and possessions of the other Contracting Party. 2. They shall be permitted to hire or possess the houses, manufactories, warehouses, shops, and premises which may be necessary for them. 3. They may carry on their commerce either in person or by any agents whom they may think fit to employ. 4. They shall not be subject in respect of their persons or property, or in respect of passports, nor 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. ARTICLE XIII. Exemption from Military Service. Municipal and other Functions and Charges, Military Requisitions and Forced Loans. Duties, &c., on Heal Property. National Treatment. The subjects of each of the Contracting Parties in the dominions and possessions of the other shall be exempted from \ovember 10, 1886.] GREECE. 465 all compulsory military service whatever, whether in the army, navy, or national guard or militia. They shall be equally exempted from all judicial and municipal functions whatever other than those imposed by the laws relating- to juries, as Avell as from all contributions, whether pecuniary or in kind, imposed as a compensation for personal service, and finally from every species of exaction or military requisition, as well as from forced loans and other charges which may be impused for purposes of war, or as a result of other extraordinary eircum? stances. The duties and charges connected with the owner- ship or leasing of lands and other real property are, however, excepted, as well as all exactions or military requisitions to which all subjects of the country may be liable as owners or lessees of real property. ARTICLE XIV. Acquisition and Disposal of Property. Intestate Estates.*- National Treatment. The subjects of each of the Contracting- Parties in the dominions and possessions of the oth^r shall be at full liberty to exercise civil rights, and therefore to acquire, possess, and dispose of every description of property, movable and immov- able. They may acquire and transmit the same to others, whether by purchase, sale, donation, exchange, marriage, testament, succession ab intestato, and in any other manner, under the same conditions as national subjects. Their heirs may succeed to and take possession of it, either in person or by procurators, in the same manner and in the same legal forms as subjects of the country ; and in the case of subjects of either < t the Contracting Parties dying intestate, their property shall be administered to by their respective Consuls or Vice-Consuls as far as is consistent with the laws of both countries. In none of these respects shall they pay upon the value ot such property any other or higher impost, duty, or charge than is payable by subjects of the country. In every case the subjects of the Contracting Parties shall be permitted to export their property, or the proceeds thereof if sold, on the same con- ditions as subjects of the country. ARTICLE XV. Protection of Persons and Property. Domiciliary Visits. Adminis- tration of Justice. National Treatment. The dwellings, manufactories, warehouses, and shops of the subjects of each of the Contracting Parties in the dominions and possessions of the other, and all premises appertaining ^536] 2 H 466 GREECE. [November 10, 1886. thereto destined for purposes of residence or commerce, shall be respected. It shall not be allowable to proceed 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 con- ditions and with the forms prescribed by the laws for subjects of the country. The subjects of each of the two Contracting Parties in the dominions and possessions 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, and shall, like them, be at liberty to employ, in all causes, their advocates, attorneys, or agents from among the persons admitted to the exercise of those professions according to the laws of the country. ARTICLE XVI, Seamen Deserters. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of each of the Contracting Parties, residing in the dominions and possessions of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries. ARTICLE XVII. Application of Ireaty to British Colonies. The stipulations of the present Treaty shall be applicable, as far as the laws permit, to all the Colonies and foreign possessions of Her Britannic Majesty, excepting to those hereinafter named, that is to say, except to India. The Dominion of Canada. N e wfoundland. The Cape. Natal. New South Wales. Victoria. Queensland. Tasmania. South Australia. Western Australia. New Zealand. Provided always, that the stipulations of the present Treaty shall be made applicable to any of the above-named Colonies or November 10, 1886.] GREECE. 467 foreign possessions on whose behalf notice to that effect shall have been given by Her Britannic Majesty's Representative at the Court of Greece to the Hellenic Minister for Foreign Affairs, within one year from the date of the exchange of the ratifications of the present Treaty. ARTICLE XV11I. Application of Treaty to Customs Union to which either Parti/ belong. The present Treaty shall apply to any countries or territories which may hereafter unite in a Customs Union with one or other of the High Contracting Parties, ARTICLE XIX. Duration of 2reaty. The present Treaty shall come into force on the exchange of the ratifications, and shall remain in force for ten years, and thereafter until the expiration of a year from the day in which one or other of the Contracting Parties shall have repudiated it. Each of the Contracting Parties reserves, however, the right of causing it to terminate upon twelve months' notice being given previously. Treaty of 1837 abrogated. It is understood that the Treaty of Commerce and Naviga- tion concluded between Great Britain and Greece on the 4th October, 1837, is abrogated by the present Treaty ARTICLE XX. Ratificatiom. The present Treaty shall be ratified by the two Contracting Parties, and the ratifications thereof shall be exchanged at Athens as soon as possible. In faith whereof the Plenipotentiaries of the Contracting Parties have signed the present Treaty in duplicate, in the English and Greek languages, and thereto affixed their respec- tive seals. [536] 2 H a 468 GREECE. [November 10, 1886. Done in Athens, this 10th day of November, in the year 1886. (L.S.) HORACE RUMBOLD. (L.S.) S. DRAGOUMI. PROTOCOL. Controversies as to Interpretation or Execution of Treaty to be settled by Arbitration. At the moment of proceeding this clay to the signature of the Treaty of Commerce and Navigation between Great Britain and Greece, the Plenipotentiaries of the two High Contracting Parties have declared as follows : Any controversies which may arise respecting the interpre- tation or the execution of the present Treaty, or the consequences of any violation thereof, shall be submitted, when the means of settling them directly by amicable agreement are exhausted, to the decision of Commissk). Indigo : droit de 3 dra climes 1'ocque, reduit & 10 leptas. Prodnits chimiques. Classe 103 (o). Acides purs, o'est-a-dire acirle sulfnrique (esprit de vitriol), acide hydrochlorique (esprit de sel). acide nitrique (eau forte), acide phenique, et autres acides similaires, ainsi que tout autre produit chimique non deiiomme : droit de 20 leptas 1'ocque, reduit a 10 leptas. Clause 103 (d). Acides non raffines, dits de commerce: droit de 10 leptas 1'ocque, aboli. Tissus de CJoton. Classe 157. Tissus de coton ecrus non specialement denommes : (a} droit de 80 leptas reduit a 70 leptas; (b) et (c) droit de ^6 leptas et 1*12 drachrne 1'ocque fondus en droit unique de 80 leptas. Classe 158. Tissus de coton blanchis non specialement denommes: droit de 40 pour cent ajoute a celui des tissus de coton ecrus fait place a droit unique de 1 clrachme sans I'augmentation de 40 pour cent. Classe 159. Tissus de coton fabriques avec des fils teints ou imprimes non specialement dejiommes: droit de 80 pour cent ajoute a celui des tissus de coton ecrus fait place a droit unique de 1-20 drachme 1'ocque sans I'augmentation de 80 pour cent. Classe 161. Dernier alinea, "linge et objets brodes, a F exception c!es vetements confectionnes : " droit de 6 drachmes 1'ocque, reduit a o drachmes. ClaSse 162 (rA. Velours, facons velours et peluches pour homines, cretonnes, satin, et piques : droit de 3 drachmes 1'ocque conserve pour velours, facpiis velours, et peluches non speciale- ment denommes et. reduit a 2 drachmes pour tons les objets ci-deasus specialement rlenommes. March 28, 1 800.] G F, EEOE. 473 Classe 104. Vetements confectionnes pour hommes et enfants : droit de 50 pour cent ajoute a celui du tissu, reduit & 40 pour cent. Tissus de Lin, de Chanvre, ou de Jute. Glasse 1.68. Tissus de lin, de ch'anvre, ou de jute non specialement denommes : (a.) Oontenant moins de 12 fils de chaine en 5 millim. carres, k 1'exception du tissu grossiev propre a faire des sacs : droit de 1-10 drachme 1'ocque, reduit a 90 leptas. (b.) Contenant 12 fils et au-clessus de chaine en 5 millim. carres : droit de 3 drachmes 1'ocque, reduit a 2 drachmes. Classe 170. Dentelles et broderies : droit de 30 drachmes 1'ocque, reduit a 15 drachmes. Classe 171 Tulles, gazes, batiste, et autres tissus trans- parents: droit de 16 drachmes 1'ocque, reduit a 8 drachmes. Classe 172. Velours, passementerie, franges, rubans, &c., et linge : droit de G drachmes 1'ocque, reduit a 3 drachmes. Clause 173. Vetements confectionnes pour hommes et pour ga^ons : droit ajoute a celui du tissu de 50 pour cent, reduit & 40 pour cent. Classe 174. Vetements confectionnes pour femmes et fillettes : (..) Simples : droit de 20 drachmes 1'ocque, reduit a 15 drachmes. (b.) Avec broderies ou dentelles et sans deduction de tare : droit de 30 drachmes Focqu^, reduit & 15 drachmes. Tissus de Laine ou de Polls. Classe 177 (c). Tapis en fils de laine ou de laine et coton tisses ou tricotes, ainsi que ceux en melange de laine, de chanvre, ou de jute : droit de 2-50 drachmes 1'ocque, reduit a 2 drachmes. Classe 185. Tissus en laine ou de toute autre matiere textile aniinale (polls) non specialement denommes de toutes couleurs et fabrication (a 1'exception des tissus fins, tels que gazes et tulles, grenadines et semblables) ayant la chaine ou la trame eiitierement ou en grande partie en coton : (a.) Jusqu'au poids de 200 grammes par metre carre : droit de 2*50 drachmes 1'ocque, reduit a 2 dracliines. (b.) Au-dessus du poids de 200 grammes par metre carre : droit de 1*60 drachmes 1'ocque, reduit a T30 drachme. 474 GREECE. [June 16, 1890. No. 91. DECLARATION BETWEEN GREAT BRITAIN AND GREECE, COR- RECTING AN ERROR IN THE ANNEX TO THE COMMERCIAL AGREEMENT BETWEEN THE TWO COUNTRIES OF MARCH 28, 1890. Signed at London, June 16, 1890 J THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Government of His Majesty the King of the Hellenes, being desirous of cor- recting an error in the Annex to the Commercial Agreement between Great Britain and Greece, signed on the 28th March, 1890, and of thus making the said Agreement conform to the intentions of the Contracting Parties Declare as follows : The paragraph in the Annex to the said Agreement of the 28th March, 1890, which is entitled " Classe 162 (A)," and which is as follows : "Classe 162 (A\ " Velours, fa9ons velours, et peluches pour hommes, cretonnes, satin, et piques: droit de 3 drachmes 1'ocque conserv^ pour velours, facons velour, et peluches non specialement denommes, et reduit a 2 drachmes pour tous les objets ci-dessus speciale- ment denommes," is cancelled, and the following paragraph is substituted for it : " Classe 162 (A). . "Velours, fac^ons velours, et peluches, cretonnes, satin, et piques : droit de 3 drachmes 1'ocque conserve pour tous les objets non specialement denommes et reduit a 2 drachmes pour tous les objets ci-dessus specialement denommes." * Signed also in French. June 16, 1890. July 2,1, 1894.] GREECE. 475 In witness whereof the Undersigned, duly authorized to that effect by their respective Governments, have signed the present Declaration at London, this 16th day of June, 1890. (L.S.) SALISBURY. (L.S.) J. GENNADIUS. No. 92. DECLARATION BETWEEN GREAT BRITAIN AND GREECE RE- SPECTING TRADE - MARKS, INDUSTRIAL DESIGNS, AND PATTERNS. Signed at Athens, July 27, 1894.* Trade-marks, &c. National and Most- favoured-nation Treatment. THE Government of Her Britannic Majesty and the Govern- ment of His Hellenic Majesty being desirous to determine in a more explicit manner the text of the Treaty of Commerce and Navigation of the ^^^, 1886, concluded in Athens between Great Britain and Greece, the Undersigned have proceeded by mutual consent to the following Declaration : The Government of Her Britannic Majesty declare that under the terms of the Treaty of Commerce and Navigation between Great Britain and Greece of the ~~~~^ r , 1886, the subjects of His Hellenic Majesty have in the United Kingdom of Great Britain and Ireland the same rights as are now granted, or may hereafter be granted, to British subjects or to subjects of the most favoured nation in all that relates to trade- marks, industrial designs, and patterns ; and on their side the Government of His Hellenic Majesty declare that the subjects of Her Britannic Majesty have in the Kingdom of Greece the same rights as are now granted, or may hereafter be granted, to Hellenic subjects or to subjects of the most favoured nation in all that relates to trade-marks, industrial designs, and patterns, it being understood that in order that such rights may be obtained the formalities required by the laws of the respective countries must be observed. In witness whereof Mr. Edwin Egerton, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Hellenes, and M. Denis Stephanos, His Hellenic Majesty's Minister, charged with the direction of * Signed also in Greek. 47f> GREECE [July 27, 1894. [Nor. , 1904, & May T 4 r , 1905. foreign affairs have signed the present Declaration, and thereto affixed their respective seals. Done in duplicate at Athens on the 27th clay of July, in the year 18V4. (L.S.) EDWIN H. EGERTON. (L.S.) DEN. No. 93. DECLARATIONS BETWEEN GREAT BRITAIN AND GREECE WITH RESPECT TO COMMERCIAL MATTERS. Signed at Athens, November 10 (23), 1904, and 4(17), 1905.* DECLARATION. THE Government of His Britannic Majesty and the Govern- ment of His Majesty the King of the Hellenes, - Being desirous of making certain modifications in the agreements at present existing between them, Have authorized the Undersigned to conclude the following arrangement : Greek Measures relating to Currants Withdrawal of Protest against. 1. The Government of His Britannic Majesty being of opinion that the Greek Currant Retention Law and " Land Tax and Export Duty on Currants " Law are inconsistent with the stipulation contained in Article 2, paragraph 2, of the Com- mercial Agreement between the Govermnonts of the United Kingdom and Greece of 1890 are ready to withdraw their protest against these measures in return for the concessions hereinafter indicated. Tariff Reductions on British Goods. 2. The Government of His Hellenic Majesty being desirous of arriving at a satisfactory settlement on this point with the * Signed also in Greek. Xov. f, 1904, & May T * T , 1905.] GREECE. 477 Government of His Britannic Majesty, engage to recommend to the Legislature in favour of goods of British origin or manu- facture the reductions of the duties laid down in the Customs Tariff, as specified in the annexed document. Reduction of Unf// on Cvrrn nl* in. Newfoundland 1905 - Duty in Metallic Drachmas reduced From 1 oke To 2,00 1,00 Done in duplicate at Athens, the 4th (17th) May, 1905. FRANCIS E. H. ELLIOT. A. SKOU8ES. July 20, 1898.] GUATEMALA. 481 GUATEMALA. No. 94. CONVENTION BETWEEN GREAT BRITAIN AND GUATEMALA RELATIVE TO TRADE-MARKS. Signed at Guatemala, July 20, 1898. [Ratifications exchanged at Guatemala, July 28, 1899.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, &c., <&c., and his Excel- lency the President of the Republic of Guatemala, being desirous to conclude a Convention for the mutual protection of trade-marks and designs, have for that purpose appointed as their Plenipotentiaries, namely : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, 1903 -] ITALY. 507 3. The right of property in trade-marks is regulated in Italy by the Law of the 30th August, 1863. I have the honour to request your Lordship to be good enough to take note of this declaration, and to inform me whether Italian subjects will be able to invoke the same legal protection in China, on the part of the English Consular authorities, in all that concerns their property in trade-marks duly registered in Great Britain. I have, &c., (Signed) CARIGNANI. (No. 2.) The Marquess of Lansdowne to M. CarignanL Sir, Foreign Office, August 7, 1903. I HAVE the honour to acknowledge the receipt of your note of the 30th ultimo, informing me of the desire of the Italian Government to come to an arrangement with His Majesty's Government for the mutual protection of British and Italian trade-marks in China, and stating that any claim which English manufacturers may have to present to His Italian Majesty's Consuls and Consular Tribunals in China, in order to obtain protection for trade-marks, duly registered in the Kingdom of Italy, as against Italian subjects, will henceforward be adjudi- cated, in the first instance, by the Consular Tribunals, and, in the last instance, by the Court of Appeal at Ancona. In reply to your inquiry whether Italian subjects will be able to invoke the same legal protection in China, on the part of the English Consular authorities, in all that concerns their property in trade-marks duly registered in Great Britain, I have the honour to state that under the Order in Council of the 2nd February, 1899, it is open to an Italian whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British Court, provided that the consent in writing of His Majesty's Minister or the Charge d' Affaires be obtained to the prosecution. Such consent, however, may be withheld if His Majesty's Minister or Charge d'Affaires is riot satisfied that effectual provision exists for the punishment in the Italian Consular Court of Italian subjects infringing British trade-marks. A copy of your note will be sent to His Majesty's Charge d' Affaires at Peking, and Mr. Townley's attention will be called to the statements contained in it as to the competence in such matters of the Italian Consular Courts. I have, &c., (Signed) LANSDOWNE. 508 JAPAN. [July 16, 1894. JAPAN. No. 100. TREATY OP COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND JAPAN. Signed at London, July 16, 1894. [Ratifications exchanged at Tdkio, Aur/ust 25, 1894.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of Japan, being equally desirous of maintaining the relations of good understanding which happily exist between them, by extending and increasing the intercourse between their respective States, and being convinced that this object cannot better be accomplished than by revising the Treaties hitherto existing between the two countries, have resolved to complete such a revision, based upon principles of equity and mutual benefit, and, for that purpose, have named as their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, the Right Honourable John, Earl of Kimberley, Knight of the Most Noble Order of the Garter, &c., &c., Her Britannic Majesty's Secretary of State for Foreign Affairs ; And His Majesty the Emperor of Japan, Viscount Aoki Siuzo, Junii, first class of the Imperial Order of the Sacred Treasure, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of St. James' ; Who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon and concluded the following Articles : ARTICLE I. Freedom of Residence and Travel. Protection of Persons and Property. The subjects of each of the two High Contracting Parties shall have full liberty to enter, travel, or reside in any part of July 16, 1894.] JAPAN. 509 the dominions and possessions of the other Contracting Party, and shall enjoy full and perfect protection for their persons and property. Administration of Justice. National Treatment, They shall have free and easy access to the Courts of Justice in pursuit and defence of their rights; they shall be at liberty equally with native subjects to choose and employ lawyers, advocates, and representatives to pursue and defend their rights before such Courts, and in all other matters con- nected with the administration of justice they shall enjoy all the rights and privileges enjoyed by native subjects. Residence, Travel, Succession to and Disposal of Property. National a-ml Most-favoured-nation Treatment. Liberty of Conscience. Freedom of Religious Worship. Burial*. In whatever relates to rights of residence and travel ; to the possession of goods and effects of any kind ; to the succession to personal estate, by will or otherwise, and the disposal of property of any sort in any manner whatsoever which they may lawfully acquire, the subjects of each Contracting Party shall enjoy in the dominions and possessions of the other the same privileges, liberties, and rights, and shall be subject to no higher imposts or charges in these respects than native sub- jects, or subjects or citizens of the most favoured nation. The subjects of each of the Contracting Parties shall enjoy in the dominions and possessions of the other entire liberty of conscience, and, subject to the Laws, Ordinances, and Regula- tions, shall enjoy the right of private or public exercise of their worship, and also the right of burying their respective countrymen according to their religious customs, in such suitable and convenient places as may be established and maintained for that purpose. Taxes, &c. National and Most -favoured-nation Treatment, They shall not be compelled, under any pretext whatsoever, to pay any charges or taxes other or higher than those that are. or may be, paid by native subjects, or subjects or citizens of the most favoured nation. ARTICLE II. Exemption from Military /Service, Forced Loans, &c. The subjects of either of the Contracting Parties residing in the dominions and possessions of the other shall be exempte< 5 10 JAPAN. [July 16, 1894 from all compulsory military service whatsoever, whether in the army, navy, National Guard, or militia; from all contributions imposed in lieu of personal service ; .and from all forced loans or military exactions or contributions. ARTICLE III. Freedom of Commerce and Navigation. There shall be reciprocal freedom of commerce and naviga- tion between the dominions and possessions of the two High Contracting Parties. Wholesale and Retail Trade, Hiriiig, &c., of Houses, Warehouses, &c. National Treatment. The subjects of each of the High Contracting Parties may trade in any part of the dominions and possessions of the other by wholesale or retail in all kinds of produce, manu- factures, and merchandize of lawful commerce, either in person or by agents, singly, or in partnerships with foreigners or native subjects ; and they may there own or hire and occupy the houses, manufactories, warehouses, shops, and premises which may be necessary for them, and lease land for residential and commercial purposes, conforming themselves to the Laws, Police and Customs Regulations of the country like native subjects. Vessels and Cargoes, Taxes, &c. National and Most-favoured-nation Treatment. They shall have liberty freely to come with their ships and cargoes to all places, ports, and rivers in the dominions and possessions of the other which are or may be opened to foreign commerce, and shall enjoy, respectively, the same treatment in matters of commerce and navigation as native subjects, or subjects or citizens of the most favoured nation, without having to pay taxes, imposts, or duties, of whatever nature or under whatever denomination, levied in the name or for the profit of the Government, public functionaries, private individuals, Corporations, or establishments of any kind, other or greater than those paid by native subjects, or subjects or citizens of the most favoured nation, subject always to the Laws, Ordinances, and Regulations of each country. ARTICLE IV. Inviolability of Dwellings, &c. The dwellings, manufactories, warehouses, and shops of the subjects of each of the High Contracting Parties in the July 16, 1894.] JAPAN. 511 dominions arid possessions of the other, and all premises apper- taining thereto destined for purposes of residence or commerce, shall be respected. Dommlw ri/ Vint*. National Treatment. It shall not be allowable to proceed 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, Ordinances, and Regulations for subjects of the country. ARTICLE V. Imports : Duties and Prohibitions.' Most-favour co Treatment. No other or higher duties shall be impop-ed on the importa- tion into the dominions and possessions of Her Britannic Majesty of any article, the produce or manufacture of the dominions and possessions of His Majesty the Emperor of Japan, from whatever place arriving; and no other or higher duties shall be imposed on the importation into the dominions and possessions of His Majesty the Emperor of Japan of any article, the produce or manufacture of the dominions and possessions of Her Britannic Majesty, from whatever place arriving, than on the like article produced or manufactured in any other foreign country ; nor shall any prohibition be main- tained or imposed on the importation of any article, the produce or manufacture of the dominions and possessions of either of the High Contracting Parties, into the dominions and possessions of the other, from whatever place arriving, which shall not equally extend to the importation of the like article, being the produce or manufacture of any other country. This last pro- vision is not applicable to the sanitary and other prohibitions occasioned by the necessity of protecting the safety of persons, or of cattle, or of plants useful to agriculture. ARTICLE VI. Exports: Duties and Prohibitions. Most-favoured-nation Treatment. No other or higher duties or charges shall be imposed in the dominions and possessions of either of the High Contracting Parties on the exportation of any article to the dominions and possessions of the other than such as are, or may be, payable on 5 1 2 JAPAN. [July 16, 1894, the exportation of the like article to any other foreign country ; nor shall any prohibition be imposed on the exportation of any article from the dominions and possessions of either of the two Contracting Parties to the dominions and possessions of the other which shall not equally extend to the exportation of the like article to any other country. ARTICLE VII. Exemption from Transit Ditties. Warehousing, Bounties, Draw- backs, &c. National Treatment. The subjects of each of the High Contracting Parties shall enjoy in the dominions and possessions of the other exemption from all transit duties, and a perfect equality of treatment with native subjects in all that relates to warehousing, bounties, facilities, and drawbacks. ARTICLE VIII. Imports in Vessels of either Country. National Treatment. All articles which are or may be legally imported into the ports of the dominions and possessions of His Majesty the Emperor of Japan in Japanese vessels may likewise be imported into those ports in British vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Japanese vessels ; and recipro- cally, all articles which are or may be legally imported into the ports of the dominions and possessions of Her Britannic Majesty in British vessels may likewise be imported into those ports in Japanese vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in British vessels. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other place. Exports in Vessels of either Country. National Treatment. In the same manner there shall be perfect equality of treat- ment in regard to exportation, so that the same export duties shall be paid and the same bounties and drawbacks allowed in the dominions and possessions of either of the High Contracting Parties on the exportation of any article which is or may be legally exported therefrom, whether such exportation shall take place in Japanese or in British vessels, and whatever may be July 16, 1894.] JAPAN. 513 the place of destination, whether a port of either of the Con- tracting Parties or of any third Power. ARTICLE IX. Tonnage, Harbour, Pilotage, Lighthouse, Quarantine, &c., Dues. Most-favoured-nation and National Treatment. No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or other similar or corresponding duties of what- ever nature or under whatever denomination, levied in the name or for the profit of the Government, public functionaries, private individuals, Corporations, or establishments of any kind, shall be imposed in the ports of the dominions and possessions of either country upon the vessels of the other country which shall not equally and under the same conditions be imposed in the like cases on national vessels in general or vessels of the most favoured nation. Such equality of treat- ment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive, and whatever may be their place of destination. ARTICLE X. Stationing, Loading and Unloading of Vessels. National Treatment. In all that regards the stationing, loading, and unloading ot vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and possessions of the two countries, no privilege shall be granted to national vessels which shall not be equally granted to vessels of the other country ; the intention of the High Contracting Parties being that in this respect also the respective vessels shall be treated on the footing of perfect equality. ARTICLE XL Coasting Trade. Most-favmired-nation Treatment. The coasting trade of both the High Contracting Parties is excepted from the provisions of the present Treaty, and shall be regulated according to the Laws, Ordinances, and Regula- tions of Japan and of Great Britain respectively. It is, however, understood that Japanese subjects in the dominions and possessions of Her Britannic Majesty, and British subjects in the dominions and possessions of His Majesty the Emperor [536] 2 L 514 JAPAN. [July 16, 1894. of Japan, shall enjoy in this respect the rights which are or may be granted under such Laws, Ordinances, and Regulations to the subjects or citizens of any other country. A Japanese vessel laden in a foreign country with cargo destined for two or more ports in the dominions and possessions of Her Britannic Majesty, and a British vessel laden in a foreign country with cargo destined for two or more ports in the dominions and possessions of His Majesty the Emperor of Japan, may discharge a portion of her cargo at one port, and continue her voyage to the other port or ports of destina- tion where foreign trade is permitted, for the purpose of landing the remainder of her original cargo there, subject always to the Laws and Custom-house Regulations of the two countries. Vessels carrying Cargo between open Japanese Ports. The Japanese Government, however, agrees to allow British vessels to continue, as heretofore, for the period of the duration of the present Treaty, to carry cargo between the existing open ports of the Empire, excepting to or from the ports of Osaka, Niigata, and Ebisu-minato. ARTICLE XII. Vessels in Distress. National Treatment. Any ship of war or merchant-vessel of either of the High Contracting Parties which may be compelled by stress of weather, or by reason of any other distress, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary supplies, and to put to sea again, without paying any dues other than such as would be payable by national vessels. In case, however, the master of a merchant- vessel should be under the necessity of disposing of a part of his cargo in order to defray the expenses, he shall be bound to conform to the Regulations and Tariffs of the place to which he may have come. Wrecks, &c. Consular Interference. If any ship of war or merchant-vessel of one of the Contracting Parties should run aground or be wrecked upon the coasts of the other, the local authorities shall inform the Consul-General, Consul, Vice-Consul, or Consular Agent of the district of the occurrence, or if there be no such Consular officer, they shall inform the Consul-General, Consul, Vice- Consul, or Consular Agent of the nearest district, July 16, 1894] JAPAN. 515 Proceedings as to Salvage from Wrecks. All proceedings relative to the salvage of Japanese vessels wrecked or cast on shore in the territorial waters of Her Britannic Majesty shall take place in accordance with the Laws, Ordinances, and Regulations of Great Britain, and reciprocally all measures of salvage relative to British vessels wrecked or cast on shore in the territorial waters of His Majesty- the Emperor of Japan shall take place in accordance with the Laws, Ordinances, and Regulations of Japan. Salvage from Wrecks. Expenses. National Treatment. Such stranded or wrecked ship or vessel, and all parts thereof, and all furnitures and appurtenances belonging there- unto, and all goods and merchandize saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents, when claimed by them. If such owners or agents are not on the spot, the same shall be delivered to the respective Consuls- General, Consuls, Vice- Consuls, or Consular Agents upon being claimed by them within the period fixed by the laws of the country, and such Consular officers, owners, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of a wreck of a national vessel. Duties on Goods saved from Wrecks. The goods and merchandize saved from the wreck shall be exempt from all the duties of the Customs unless cleared for consumption, in which case they shall pay the ordinary duties. Wrecks* &c. Consular Interference. When a ship or vessel belonging to the subjects of one of the Contracting Parties is stranded or wrecked in the territories of the other, the respective Consuls- General, Consuls, Vice- Consuls, and Consular Agents shall be authorized, in case the owner or master, or other agent of the owner, is not present, to lend their official assistance in order to afford the necessary assistance to the subjects of their respective States. The same rule shall apply in case the owner, master, or other agent is present, but requires such assistance to be given. [536] 2 I, 2 516 JAPAN. [July 16, 1894. ARTICLE XIII. National Vessels. All vessels which, according to Japanese law, are to be deemed Japanese vessels, and all vessels which, according to British law, are to be deemed British vessels, shall, for the purposes of this Treaty, be deemed Japanese and British vessels respectively. ARTICLE XIV, Seamen Deserters. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of each of the Contracting Parties, residing in the dominions and possessions of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries. It is understood that this stipulation shall not apply to the subjects of the country where the desertion takes place. ARTICLE XV. Commerce and Navigation. Most-favoured-nation Treatment. The High Contracting Parties agree that, in all that concerns commerce and navigation, any privilege, favour, or immunity which either Contracting Party has actually granted, or may hereafter grant, to the Government, ships, subjects, or citizens of any other State, shall be extended immediately and unconditionally to the Government, ships, subjects, or citizens of the other Contracting Party, it being their intention that the trade and navigation of each country shall be placed, in all respects, by the other on the footing of the most favoured nation. ARTICLE XVI. Appointment and Privileges of Consular Officers. Most-favoured- nation Treatment. Each of the High Contracting Parties may appoint Consuls- General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents in all the ports, cities, and places of the other, except in those where it may not be convenient to recognize such officers. July 16, 1894.] JAPAN. 517 This exception, however, shall not be made in regard to one of the Contracting Parties without being made likewise in regard to every other Power. The Consuls-General^ Consuls, Vice- Consuls, Pro-Consuls, and Consular Agents may exercise all functions, and shall enjoy all privileges, exemptions, and immunities, which are, or may hereafter be, granted to Consular officers of the most favoured nation. ARTICLE XVII. Trade-marks, &c. National Treatment. The subjects of each of the High Contracting Parties shall enjoy in the dominions and possessions of the other the same protection as native subjects in regard to patents, trade-marks, and designs, upon fulfilment of the formalities prescribed by law. ARTICLE XVIII. foreign Settlements in Japan. Her Britannic Majesty's Government, so far as they are concerned, give their consent to the following arrangement : The several foreign Settlements in Japan shall be incor- porated with the respective Japanese Communes, and shall thenceforth form part of the general municipal system of Japan. The competent Japanese authorities shall thereupon assume all municipal obligations and duties in respect thereof, and the common funds and property, if any, belonging to such Settle- ments shall at the same time be transferred to the said Japanese authorities. When such incorporation takes place the existing leases in perpetuity under which property is now held in the said Settle- ments shall be confirmed, and no conditions whatsoever other than those contained in such existing leases shall be imposed in respect of such property. It is, however, understood that the Consular authorities mentioned in the same are in all cases to be replaced by the Japanese authorities. All lands which may previously have been granted by the Japanese Government free of rent for the public purposes of the said Settlements shall, subject to the right of eminent domain, be permanently reserved free of all taxes and charges for the public purposes for which they were originally set apart. 518 JAPAN. [July 16, 1894: ARTICLE XIX. Application to British Colonies. The stipulations of the present Treaty shall be applicable, so far as the laws permit, to all the Colonies and foreign possessions of Her Britannic Majesty, excepting to those herein- after named, that is to say, except to India. The Dominion of Canada. Newfoundland. The Cape. Natal. New South Wales. Victoria. Queensland. Tasmania. South Australia. Western Australia. New Zealand. Provided always that the stipulations of the present Treaty shall be made applicable to any of the above-named Colonies or foreign possessions on whose behalf notice to that effect shall have been given to the Japanese Government by Her Britannic Majesty's Representative at Tokio within two years from the date of the exchange of ratifications of the present Treaty. ARTICLE XX. Abrogation of Conventions of 1854 and of 1886 and Treaty of 1858, with all Arrangements and Agreements subsidiary thereto. Abolition of British Consular Jurisdiction in Japan. The present Treaty shall, from the date it comes into force, be substituted in place of the Conventions respectively of the 23rd day of the 8th month of the 7th year of Kayei, corresponding to the 14th day of October, 1854, and of the 13th day of the 5th month of the 2nd year of Keiou, corresponding to the 25th day of June, 1866, the Treaty of the 18th day of the 7th month of the 5th year of Ansei, corresponding to the 26th day of August, 1858, arid all Arrangements and Agree- ments subsidiary thereto concluded or existing between the High Contracting Parties; and from the same date such Conventions, Treaty, Arrangements, and Agreements shall cease to be binding, and, in consequence, the jurisdiction then exercised by British Courts in Japan, and all the exceptional July 16, 1894.] JAPAN. 5 1 9 privileges, exemptions, and immunities then enjoyed by British subjects as a part of or appurtenant to such jurisdiction, shall absolutely and without notice cease and determine, and there- after all such jurisdiction shall be assumed and exercised by Japanese Courts. ARTICLE XXL Coming into Force and Duration of Treaty. The present Treaty shall not take effect until at least five years after its signature. It shall come into force one year after His Imperial Japanese Majesty's Government shall have given notice to Her Britannic Majesty's Government of its wish to have the same brought into operation. Such notice may be given at any time after the expiration of four years from the date hereof. The Treaty shall remain in force for the period of twelve years from the date it goes into operation. Either High Contracting Party shall have the right, at any time after eleven years shall have elapsed from the date this Treaty takes effect, to give notice to the other of its intention to terminate the same, and at the expiration of twelve months after such notice is given this Treaty shall wholly cease and determine. ARTICLE XXII. Ratifications. The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at Tokio as soon as possible, and not later than, six months from the present date. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at London, in duplicate, this sixteenth day of July, in the year of our Lord one thousand eight hundred and ninety- four. (L.S.) KIMBERLE5T. (L.S.) AOKI. The following British Colonies have acceded to the above Treaty : Canada (see p. 535), Newfoundland, India (see p. 533), Queensland (see p. 529), Natal. 520 JAPAN. [July 16, 1894. No. 101. PROTOCOL BETWEEN GREAT BRITAIN AND JAPAN. Signed at London, July 16, 1894. THE Government of Her Majesty the Queen of Great Britain and Ireland and Empress ot India, and the Government of His Majesty the Emperor of Japan, deeming it advisable in the interests of both countries to regulate certain special matters of mutual concern, apart from the Treaty of Commerce and Navigation signed this day, have, through their respective Plenipotentiaries, agreed upon the following stipulations : Import Tariff. 1. It is agreed by the Contracting Parties that one month after the exchange of the ratifications of the Treaty of Commerce and Navigation signed this day, the Import Tariff hereunto annexed shall, subject to the provisions of Article XXIII of the Treaty of 1858 at present subsisting between the Contracting Parties, as long as the said Treaty remains in force and there- after, subject to the provisions of Articles V and XV of the Treaty signed this day, be applicable to the articles therein enumerated, being the growth, produce, or manufacture of the dominions and possessions of Her Britannic Majesty, upon importation into Japan. But nothing contained in this Protocol, or the Tariff hereunto annexed, shall be held to limit or qualify the right of the Japanese Government to restrict or to prohibit the importation of adulterated drugs, medicines, food, or bever- ages ; indecent or obscene prints, paintings, books, cards, litho- graphic or other engravings, photographs, or any other indecent or obscene articles ; articles in violation of patent, trade-mark, or copyright laws of Japan ; or any other article which for sanitary reasons, or in view of public security or morals, might offer any danger. The ad valorem duties established by the said Tariff shall, so far as may be deemed practicable, be converted into specific duties by a Supplementary Convention, which shall be con- cluded between the two Governments within six months from the date of this Protocol; the medium prices, as shown by the Japanese Customs Returns during the six calendar months pre- ceding the date of the present Protocol, with the addition of the cost of insurance and transportation from the place of July 16, 1894.] JAPAN. 521 purchase, production, or fabrication, to the port of discharge, as well as commission, if any, shall be taken as the basis for such conversion. In the event of the Supplementary Convention not having come into force before the expiration of the period fixed for the said Tariff to take effect, ad valorem duties in conformity with the rule recited at the end of the said Tariff shall, in the meantime, be levied. In respect of articles not enumerated in the said Tariff, the General Statutory Tariff of Japan for the time being in force shall, from the same time, apply, subject, as aforesaid, to the provisions of Article XXIII of the Treaty of 1858 and Articles V and XV of the Treaty signed this day respectively. From the date the Tariffs aforesaid take effect, the Import Tariff now in operation in Japan in respect of goods and merchandize imported into Japan by British subjects shall cease to be binding. In all other respects the stipulations of the existing Treaties and Conventions shall be maintained unconditionally until the time when the Treaty of Commerce and Navigation signed this day comes into force. Passports. 2. The Japanese Government, pending the opening of the country to British subjects, agrees to extend the existing passport system in such a manner as to allow British subjects, on the production of a certificate of recommendation from the British Representative in Tokio, or from any of Her Majesty's Consuls at the open ports in Japan, to obtain upon application passports available for any part of the country, and for any period not exceeding twelve months, from the Imperial Japanese Foreign Office in Tokio, or from the chief authorities in the Prefecture in which an open port is situated; it being understood that the existing Rules and Regulations governing British subjects who visit the interior of the Empire are to be maintained. Protection of Industrial Property and Copyright. 3. The Japanese Government undertakes, before the cessa- tion of British Consular jurisdiction in Japan, to join the International Conventions for the Protection of Industrial Property and Copyright. Duties on British Refined Sugar. Most-favoured-nation Treatment. 4. It is understood between the two High Contracting Parties that, if Japan think it necessary at any time to levy 522 J AP AN. [July 16, 1894. an additional duty on the production or manufacture of refined sugar in Japan, an increased customs duty equivalent in amount may be levied on British refined sugar when imported into Japan, so long as such additional excise tax or inland duty continues to be raised : Provided always that British refined sugar shall in this respect be entitled to the treatment accorded to refined sugar being the produce or manufacture of the most favoured nation. Ratifications. Duration of Protocol. 5. The undersigned Plenipotentiaries have agreed that this Protocol shall be submitted to the two High Contracting Parties at the same time as the Treaty of Commerce and Navigation signed this day, and that when the said Treaty is ratified the agreements contained in the Protocol shall also equally be considered as approved, without the necessity of a further formal ratification. It is also agreed that this Protocol shall terminate at the same time the said Treaty ceases to be binding. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at London, in duplicate, this sixteenth day of July, in the year of our Lord one thousand eight hundred and ninety-four. (L.S.) KIMBERLEY. (L.S.) AOKI. Annex. TARIFF. [Replaced by Tariff annexed to Convention of July 16, 1895, see p. 526.] EXCHANGE OF NOTES. British Colonies acceding to Treaty of July 16, 1894, not to be hound ~by Stipulations of Article II. The Earl of Kimberley to Viscount Aoki. Sir, Foreign Office, July 16, 1894. WITH reference to Article XIX of the Treaty between Great Britain and Japan signed this day, in view of the fact that July 16, 1894] JAPAN. 523 some of the British Colonies and foreign possessions enumerated in that Article might be prevented from acceding to the present Treaty by reason of their inability to accept the stipulations relating to military service contained in Article II of the said Treaty, and in order to avoid future misunderstandings, Her Majesty's Government request from the Government of Japan an assurance that any of the said British Colonies and possessions may accede to the present Treaty under the condition that, notwithstanding such accession, they shall not be bound by the stipulations of Article II. I have, &c. (Signed) KIMBERLEY. Viscount Aoki to trie Earl of Kimberley. Japanese Legation^ M. le Comte, London, July 16, 1894. IN reply to the note of Her Majesty's Government, referring to Article XIX of the Treaty between Great Britain and Japan signed this day, and requesting, for the reasons given in the said note, an assurance that any of the British Colonies and foreign possessions enumerated in that Article may accede to the present Treaty under the condition that, notwithstanding such accession, they shall not bo bound by the stipulations ot Article II, the Government of Japan hereby give the assurance desired. I have, &c. (Signed) AOKI. Japanese Codes to be in operation before Treaty of July 16, 1894, comes into force. Viscount Aoki to the Earl of Kimberley. THE Undersigned, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan, in virtue of special authorization from His Imperial Japanese Majesty's Government, has the honour to announce to Her Britannic Majesty's Principal Secretary of State for Foreign Affairs that the Imperial Japanese Government, recognizing the advantage of having the Codes of the Empire which have already been promulgated in actual operation when the Treaty stipulations at present subsisting between the Government of Japan and that of Great Britain cease to be binding, engage not to give the notice provided for by the first paragraph of Article XXI of 524 JAPAN. [July 16, 1894. July 16, 1895. the Treaty of Commerce and Navigation, signed this day, until those portions of said Codes which are now in abeyance are brought into actual force. The Undersigned avails, &c. (Signed) AOKL Japanese Legation, London, July 16, 1894. No. 102. SUPPLEMENTARY CONVENTION BETWEEN GREAT BRITAIN AND JAPAN RESPECTING THE DUTIES TO BE CHARGED ON BRITISH GOODS IMPORTED INTO JAPAN. Signed at Tokid, July 16, 1895. [Ratifications exchanged at T6H6 November 21, 1895.] WHEREAS, by the Protocol signed at London, on the 16th of July, 1894, it was agreed between the Government of Her Britannic Majesty and the Government of His Majesty the Emperor of Japan that the ad valorem duties of the Tariff annexed to the aforesaid Protocol should, so far as might be deemed practicable, be converted into specific duties by means of a Supplementary Convention to be concluded between the two Governments within six months from the date of that Protocol ; and Whereas this period was extended by subsequent arrange- ment : The High Contracting Parties have appointed as their Plenipotentiaries to conclude a Convention for this purpose, that is to say : Her Britannic Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Gerard Augustus Lowther, Her Britannic Majesty's Charge d'Affaires; And His Majesty the Emperor of Japan, Marquis Sa'ionzi Kimmochi, Junii, First Class of the Order of the Sacred Treasure, His Imperial Majesty's Minister of State for Education, and Acting Minister of State for Foreign Affairs ; Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles; July 16, 1895.] JAPAN. 525 Tariff. 1. The Tariff annexed to this Convention shall be substituted for the ad valorem Tariff annexed to the aforesaid Protocol of the 16th of July, 1894; it shall be subject to all the stipulations contained in Article 1 of that Protocol, in so far as these are applicable, and it shall come into force one month after the exchange of the ratifications of this Convention. Triennial Readjustment of Duties. 2. The specific duties established by this Convention shall be subject to triennial readjustment. Such readjustment shall be based on the difference between the average of the two quarterly rates of exchange adopted by the Japanese Customs during the six months ending June 30th, 1894, and the average of the rates of exchange adopted by the Japanese Customs for the four quarters preceding that in which each successive period of three years expires. The Schedule of readjusted duties shall be published by the Japanese Government three months in advance, and shall take effect immediately upon the expiration of the said period. It is understood between the High Contracting Parties that the operation of this stipulation shall be subject to the accept- ance of a similar arrangement by the other Powers with whom Conventional Tariffs are now being negotiated by Japan. Bates of Exchange. 3. The quarterly rates of exchange mentioned in the pre- ceding Article are the rates deter mining the comparative values, as entered in the quarterly Tables published by the Japanese Department of Finance, of the present Japanese silver yen on the one hand, and the English pound sterling on the other. Duration of Convention. 4. The present Convention shall have the same duration as the Treaty and Protocol concluded on the 16th of July, 1894, of which it is a complement. Ratifications. 5. The present Convention shall be ratified, and the ratifica- tions shall be exchanged at Tokio as soon as possible, and not later than six months from the present date. Done at Tokio, in duplicate, this 16th day of July, 1895. (Signed) (L.S.) GERARD AUGUSTUS LOWTHER, (L.S.) MARQUIS SAIONZI. 526 JAPAN. [July 16, 1895. Annex. TARIFF. No. Articles. Duty. Yen. 1 Caoutchouc, manufactures of ... Ad valorem 10 per cent. 2 Cement, Portland 100 catties 0-065 3 Cotton yarns, plain or dyed 4-180 Cotton tissues 4 Drills Square yard 0-016 5 Duck 0-053 e Handkerchiefs in the piece ... Oil 7 Prints > > 0-012 8 Sateens, plain, figured or printed, brocades, Italians and figured shirt- ings > 0-017 9 Shirtings, dyed ... ... ... ,, 0-013 10 grey ... ... ... ,, 0-006 11 ,, twilled ... ... ... ,, Oil 12 ,, white or bleached ... ... ,, 010 13 T-cloths 0-009 14 Turkey red cambrics 012 15 Velvets or velveteens > 041 16 Victoria lawns 0-006 17 All other sorts of pure cotton tissues, and all tissues of cotton mixed with flax, hemp, or other fibre, including wool, the cotton, however, predomi- nating in weight, not specially pro- vided for in this Tariff Ad valorem 10 per cent. Note. It is expressly understood that ready-made clothing and other made- up articles are not included under the heading of Cotton Tissues. 18 Glass, window, ordinary (a.) Uncoloured and unstained 100 sq. ft. 302 (b.) Coloured, stained, and ground Ad valorem 10 per cent. 19 Hats, including also hats of felt 10 20 Indigo, dry 100 catties 12 953 Iron and mild steel 21 Pig and ingot 083 22 Bar and rod, exceeding \ inch in dia- meter > 261 23 Nails, including spikes, sprigs, tacks, and brads (a.) Plain ti 573 (b.) Galvanized ... Ad valorem 10 per cent. 24 Pipes and tubes 10 25 Plate and sheet 100 catties 0-296 26 Kails 129 27 Screws, bolts, and nuts, plain, and galvanized Ad valorem 10 per cent. 28 Sheet, galvanized, both plain and cor- rugated ,.. 100 catties 740 July 16, 1895.] JAPAN. 527 No. Articles. Duty. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Tinned plates (a.) Ordinary (b.) Crystallized ... Wire, and small rod not exceeding ^ inch in diameter ... Wire, telegraph or galvanized Note. By the term " mild steel " as used in this Tariff is understood mild steel manufactured by the Siemens, Besse- mer, Bassic, or similar processes, and approximating in value to iron of the same class in this Tariff. Lead, pig, ingot, and slab Leather (a.) Sole (b.) Other kinds Linen yarns, plain or dyed Linen tissues Canvas All other sorts Note. It is expressly understood that ready-made clothing and other made- up articles are not included under the heading of Linen Tissues. 100 catties Ad valorem 100 catties Yen. 0-691 10 per cent. 0-503 256- Ad valorem 100 catties Square yard Ad valorem 0-316 5-690 10 per cent. 6-527 0-047 10 per cent. Mercury or quicksilver Milk, condensed or desiccated Oil, paraffin ... Paint in oil Paper, printing Saltpetre (nitrate of potash) Silk-faced cotton satins ... 100 catties Dozen 1-lb. tins and proportionately for tins of other weights. ... f Ad valorem . 100 catties Note. It is expressly understood that all other mixed tissues of cotton and silk, and of wool and silk, where the cotton or wool predominates in weight, are to be classed for duty under Nos. 17 and 61 of this Tariff respectively. Steel (other than mild steel) Ingot Bar, rod, plate, and sheet Wire, and small rod not exceeding inch in diameter ... Sugar, refined (a.) No. 15 to No. 20, inclusive, Dutch standard in colour (b.) Above No. 20 Dutch standard in colour Tin- Block, pig, and slab ... Plates Ad valorem 5-048 123 10 per cent. 1 304 1 163 0-490 15 per cent. 100 catties Ad valorem 5 7* 1-819 0-748 0-827 1-992 10 per cent. 528 JAPAN. [July 16, 1895. No. Articles. 52 53 54 55 56 57 58 59 60 61 62 63 64 Wax, paraffin ... Woollen and worsted yarns, plain or dyed Woollen and worsted tissues, pure or mixed with other material Alpacas Blanketing and whipped blankets in plain weave Buntings Cloth (a.) Wholly of wooljen or worsted yarn, or of woollen or worsted yarns, such as broad, narrow, and army cloth, cassimeres, tweeds and worsted coatings .., (b.) In part of woollen or worsted yarn and in part of cotton yarn, such as pilot, president, and union cloth Flannels Italian cloth Long ells ... Mousseline de laine . . . Serges (a.) Where the warp is worsted and the weft wool len (b.) All other kinds All other sorts, pure or mixed with other material, the wool, however, predominating in weight, not spe- cially provided for in this Tariff Note. It is expressly understood that ready-made clothing and other made- up articles are not included under the heading of Woollen and Worsted Tissues. Yarns, all sorts, not specially provided for in this Tariff Zinc- Block, pig, and slab ... Sheet 100 catties Square yard 100 catties Square yard Ad valorem Duty. Yen. 0-544 9-169 0-075 7-458 031 0-093 0-039 0-044 0-029 0-036 0-021 0-056 10 per cent. 10 100 catties 10 451 0-928 Weights, Measures, and Coins. The catty mentioned in this Tariff is the Japanese weight. It is equal to 600 grammes of the metric system of weights, or 1 32277 Ib. English avoirdupois weight. The pound is the English avoirdupois weight. The square yard, and square foot are the English Imperial surface measures. The yen is the present Japanese silver yen of 900 fineness and 410 grains in weight. July 16, 1895. Mar. 16, 1897=] JAPAN. 529 Rule for calculating ad valorem Duties. Import duties payable ad valorem uuder this Tariff shall be calculated on the actual cost of the articles at the place of purchase, production, or fabrication, with the addition of the cost of insurance and transportation from the place of purchase, production, or fabrication, to the port of dis- charge, as well as commission, if any exists. Rule for the Measurement of Tissues. t/ / lu determining the dutiable width of any tissue the Customs shall discard all fractions of an inch not exceeding half an inch, and shall count as a full inch all fractions exceeding half an inch. Note. It is understood that selvedges shall not be included in the measurement of tissues. No. 103. PROTOCOL BETWEEN GREAT BRITAIN AND JAPAN PROVIDING FOR THE ACCESSION OF QUEENSLAND TO THE COMMERCIAL, TREATY OF JULY IB, 1894. Signed at Tokio, March 16, 1897. WHEREAS Queensland, a Colony of Her Britannic Majesty, has this day, in due form, acceded to the Treaty of Commerce and Navigation between Japan and Great Britain, signed in London on the 16th day of the 7th month of the 27th year of Meiji (July 16, 1894). in accordance with the provisions of Article XIX thereof ; The Undersigned, Her Britannic Majesty's Envoy Extra- ordinary and Minister Plenipotentiary and His Imperial Japanese Majesty's Minister of State for Foreign Affairs, duly authorized thereto by their respective Governments, have agreed 1. That the stipulations contained in Articles I and III of the above-named Treaty shall not in any way affect the laws, ordinances, and regulations with regard to trade, the immigra- tion of labourers and artisans, police, and public security, which are in force or may hereafter be enacted in Japan or in the said Colony of Queensland. 2. That the said Treaty shall cease to be binding, as between Japan and the said Colony of Queensland, at the expiration of [536] 2 M 530 JAPAN. [Mar. 16, 1897. Oct. 20, 1897. twelve months after notice shall have been given on either side of a desire to terminate the same. In witness whereof the Undersigned have signed the present Protocol, and affixed thereto their seals. Done at Tokio, this 16th day of the 3rd month of the 30th year of Meiji (March 16, 1897). (L.S.) ERNEST SATOW. (Seal and Signature of Minister for Foreign Affairs of Japan.) No. 104. PROTOCOL BETWEEN GREAT BRITAIN AND JAPAN RESPECTING PATENTS, TRADE-MARKS, AND DESIGNS. Signed at London, October 20, 1897. WHEREAS, by Treaty, Her Britannic Majesty has jurisdiction in relation to her subjects within the dominions of His Majesty the Emperor of Japan ; Whereas, by Article XVII of a Treaty signed between Great Britain and Japan on the 16th July, 1894, it is stipulated as follows : " The subjects of each of the High Contracting Parties shall erjjoy in the dominions and the possessions of the other the same protection as native subjects in regard to patents, trade- marks, and designs, upon fulfilment of the formalities prescribed bylaw;" Whereas, by Article XX of the same Treaty, it is agreed that, from the date on which such Treaty comes into force, the jurisdiction then exercised by British Courts in Japan shall cease, and that such jurisdiction shall be assumed and exercised by Japanese Courts; And whereas it has been agreed between the Governments of Great Britain and Japan that the provisions of the above- mentioned Article XVII shall come into force at once ; The Undersigned, duly authorized for that purpose by their October 20, 1897.] JAPAN. 531 respective Governments, have agreed upon the following' Articles: ARTICLE I. Abrogation of British Extra-territorial Jurisdiction as to Trade-marks, &c. Her Britannic Majesty consents to renounce all extra- territorial jurisdiction at present exercisable by British Courts in Japan for the judicial hearing and determination of matters in difference between British subjects and subjects of His Majesty the Emperor of Japan, or for the repression of crimes or offences committed by British subjects, in so far as it applies to the protection of patents, trade-marks, and designs. ARTICLE II. Article I not to come into force until nil other Powers have renounced Extra-territorial Jurisdiction as to Trade-marks, &c. The foregoing Article shall not take effect until all other Powers which enjoy similar benefits to those conferred by Article XVII of the Treaty between Great Britain and Japan of the 16th July, 1894, and which possess extra-territorial jurisdiction in Japan, shall similarly have renounced their right to exercise such jurisdiction between their own subjects or citizens respectively, and subjects of His Majesty the Emperor of Japan, as well as for the repression of crimes or offences committed by their own subjects or citizens respectively, in so far as it applies to the protection of patents, trade-marks, and designs. In witness whereof the Undersigned have signed the above Protocol, and have affixed thereto the seal of their arms. Done at London, the 20th day of October, 1897. (L.S.) SALISBURY. (L.S.) KATO. [536] 2 M 2 532 JAPAN. [May 4, 1899. No. 105. ACCESSION OF JAPAN TO THE INDUSTRIAL PROPERTY CON- VENTION OF MARCH 20, 1883. May 4, 1899. (No. 1.) M. Bourcart to the Marquess of Salisbury. M. le Marquis, Londres, le 4 Mai, 1899. PAR une note en date du 18 Avril dernier, le Ministre du Japcii a Vienne a fait connaitre au Conseil Federal Snisse 1'adhesion de son Gouvernement a la Convention du 20 Mars, 1883, creant une Union pour la Protection de la Propriete Industrielle, pour valoir a partir du 15 Juillet. 1899. Cetie note ajoute que le Gouvernement Japonais n'a pas 1'intention d'adherer, pour le moment, aux deux arrangements de Madrid du 14 Avril, 1891, concernaiit : Fun, les fausses indications de provenance, et 1'autre, 1'enregistrement international des marques de fabrique et de commerce. En ce qui concerne la contribution aux depeiises du Bureau International de Berne, 1'Empire du Japon sera range dans la deuxieme classe. Mon Gouvernement me charge de prier votre Seigneurie de vouloir bien prendre note de cette adhesion, et je saisis, &c. (Signe) C. D. BOURCART. (No. 2.) The Marquess of Salisbury to M. Boureart. Sir, Foreign Office, May 15, 1899. I HAVE the honour to acknowlege the receipt of your note of the 4th instant, notifying the accession of Japan to the Convention of the 20th March, 1 883, creating a Union for the Protection of Industrial Property, which accession is to take effect from the 15th July next. I note that, for the present, Japan does not intend to accede to the first two Protocols, which were adopted by the Conference of Madrid on the 14th April, 1891, viz. : The arrangement respecting the prevention of false indica- tions of origin on goods; and the arrangement respecting the international registration of trade-marks. I note also that Japan will rank in the second class with May 4, 1899. Aug. 29, 1904.] JAPAN. 533 respect to the contribution to the expenses of the International Bureau. I beg leave to thank you for this communication, and I have, &c. (Signed) SALISBURY. No. 106. CONVENTION BETWEEN GREAT BRITAIN AND JAPAN RESPECTING COMMERCIAL RELATIONS BETWEEN JAPAN AND INDIA. Signed at Tokio, August 29, 1904. [Ratifications exchanged at Tdkid, March 15, 1905.] 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 Majesty the Emperor of Japan, being equally desirous of facilitating the commercial relations between Japan and India have resolved to conclude a Con- ventioii to that effect, and have named as their respective Plenipotentiaries : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, Sir Claude Maxwell MacDonald, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Knight Commander of the Most Honourable Order of the Bath, His Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary ; and His Majesty the Emperor of Japan, Baron Jutaro Komura, Jusammi, First Class of the Imperial Order of the Rising Sun, His Imperial Majesty's Minister of State for Foreign Affairs; Who, having reciprocally communicated their full powers, found in good and due form, have agreed as follows : ARTICLE I. Duties on Japawse Produce and Manufacture imported into India . Most-favoured-nation Treatment. Any article, the produce or manufacture of the dominions and possessions of His Majesty the Emperor of Japan shall enjoy, upon importation into India, the lowest customs duties applicable to similar products of any other foreign origin. 534 JAPAN. [August 29, 1904. ARTICLE II. Duties on Indian Produce or Manufacture imported into Japan. Most-favoured-nation Treatment. Reciprocally any article, the produce or manufacture of India shall enjoy, upon importation into the dominions and possessions of His Majesty the Emperor of Japan, the lowest customs duties applicable to similar products of any other foreign origin. ARTICLE III. Application of Convention to Native States of India. The privileges and engagements of the present Convention shall extend to native States of India which by Treaty with His Britannic Majesty or otherwise may be entitled to be placed with regard to the stipulations of the Convention on the same footing as British India. His Britannic Majesty's Government shall communicate from time to time to the Imperial Government of Japan a list of these States. ARTICLE IV. Ratifications. Duration of Convention. The present Convention shall be ratified, and the ratifications shall be exchanged at Tokio as soon as possible. It shall come into effect immediately after the exchange of ratifications, and shall remain in force until the expiration of six months from the day on which one of the High Contracting Parties shall have announced the intention of terminating it. In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done in duplicate at Tokio, in the English and Japanese languages, this 29th day of August, of year one thousand nine hundred and four, corresponding to the 29th day of 8th month of the 37th year of Meiji. (L.S.) CLAUDE M. MAoDONALD, His Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary. (L.S.) Baron JUTARO KOMURA, His Imperial Japanese Majesty's Minister of State for Foreign Affairs. January 31, 1906.] JAPAN. 535 No. 107. CONVENT EON BETWEEN GREAT BRITAIN AND JAPAN RESPECTING COMMERCIAL RELATIONS BETWEEN CANADA AND JAPAN. Signed at Tokio ^ January 31, 1906.* [Ratifications exchanged at Tokio, July 12, 1906.] His Majesty the King of the United Kingdom of Great Britain arid Ireland, and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Ernperor of Japan, being equally desirous of facilitating the commercial relations between Japan and Canada, have resolved to conclude a Convention to that effect, and have named as their respective Plenipotentiaries : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, Sir Claude Maxwell MacDonald, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Knight Commander of the Most Honourable Order of the Bath, His Britannic Majesty's Ambassador to Japan ; and His Majesty the Emperor of Japan, Takaaki Kato, Shoshii, First Class of the Imperial Order of the Sacred Treasure, His Imperial Majesty's Minister of State for Foreign Affairs; Who, having reciprocally communicated their full powers, found in good and due form, have agreed as follows : ARTICLE I. Application of Treaty of 1894 and Convention of 1895 to Commercial Relations between Canada and Japan. The two High Contracting Parties agree that the stipula- tions of the Treaty of Commerce and Navigation between Great Britain and Japan signed at London on the 16th day of July, 1894 (corresponding to the 16th day of the 7th month of the 27th year of Meiji), and of the Supplementary Convention between Great Britain and Japan signed at Tokio on the 16th day of July, 1895 (corresponding to the 16th day of the 7th month of the 28th year of Meiji), shall be applied to the intercourse, commerce and navigation between the Empire of Japan and the British Dominion of Canada. * Signed also in Japanese. 536 JAPAN. [January 31, 1906. ARTICLE II. Ratifications. The present Convention shall be ratified, and the ratifica- tions thereof shall be exchanged at Tokio as soon as possible. It shall come into effect immediately after the exchange of ratifications, and shall remain in force until the expiration of six months from the day on which one of the High Contracting Parties shall have announced the intention of terminating it. In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done in duplicate at Tokio, in the Japanese and English langauges, this 31st day of January, of year one thousand nine hundred and six, corresponding to the 31st day of the 1st month of the 39th year of Meiji. (L.S.) CLAUDE M. MAcDONALD. "(L.S.) KATO TAKAAKI. November 21, 1848.] LIBERIA 537 LIBERIA. No. 108. TREATY OF FRIENDSHIP AND COMMERCE BETWEEN GREAT BRITAIN AND LIBERIA. Signed at London, November 21, 1848. [.Ratifications exchanged at Lond,on, August 1, 1849."] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Republic of Liberia, being desirous to conclude a Treaty of Peace and Friendship, and to regulate thereby the commercial intercourse between the dominions and subjects of Her Majesty and the territories and citizens of the Republic ; Her Majesty has for this purpose named as Her Plenipotentiaries, that is to say : The Right Honourable Henry John V 7 iscount Palmerstou, Baron Temple, a Peer of Ireland, a Member of Her Britannic Majesty's Most Honourable Privy Council, a Member of Parlia- ment, Knight Grand Cross of the Most Honourable Order of the Bath, and Her Britannic Majesty's Principal Secretary of State for Foreign Affairs ; and the Right Honourable Henry Labouchere, a Member of Her Majesty's Most Honourable Privy Council, a Member of Parliament, and President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations ; And the Republic of Liberia having, by resolutions of the Legislature, bearing date the 4th of February, 1848, authorized and empowered Joseph Jenkins Roberts, the President of the Republic, to conclude such a Treaty on behalf of the Republic ; The Plenipotentiaries of Her Majesty, and the said President of the Republic, after having communicated to each other their respective powers, have agreed upon and concluded the following Articles : 538 LtBEBlA. [Noyember 2l, 1848. ARTICLE I. Peace and Friendship. There shall be perpetual Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Her heirs and successors, and the Republic of Liberia, and between their respective subjects and citizens. ARTICLE II. Freedom of Commerce and Residence. Protection of Persons and Property. Trade. General Most-favoured-nation Treatment. There shall be reciprocal freedom of commerce between the British dominions and the Republic of Liberia. The subjects of Her Britannic Majesty may reside in, and trade to, any part of the territories of the Republic to which any other foreigners are or shall be admitted. They shall enjoy full protection for their persons and properties ; they shall be allowed to buy from and to sell to whom they like, without being restrained or prejudiced by any monopoly, contract, or exclusive privilege of sale or purchase whatever ; and they shall moreover enjoy all other rights and privileges which are or may be granted to any other foreigners, subjects or citizens of the most favoured nation. The citizens of the Republic of Liberia shall, in return, enjoy similar protection and privileges in the dominions of Her Britannic Majesty. ARTICLE III. Vessels and Cargoes. Tonnage and other Duties. National Treatment. No tonnage, import, or other duties or charges, shall be levied in the Republic of Liberia on British vessels, or on goods imported or exported in British vessels, beyond what are or may be levied on national vessels, or on the like goods imported or exported in national vessels ; and in like manner, no tonnage, import, or other duties or charges, shall be levied in the British dominions on vessels of the Republic, or on goods imported or exported in those vessels, beyond what are or may be levied on national vessels, or on the like goods imported or exported in national vessels. ARTICLE IV. Imports : Duties and Prohibitions. Most-favonred-nation Treatment. Merchandize or goods coming from the British dominions in any vessel, or imported in British vessels from any country, November 21 , 1848.] LIBERIA. 539 shall not be prohibited by the Republic of Liberia, nor be subject to higher duties than are levied on the same kinds of merchandize or goods coming from any other foreign country, or imported in any other vessels. Exports. Most-favoured-nation Treatment. All articles the produce of the Republic may be exported therefrom by British subjects and British vessels, on as favour- able terms as by the subjects and vessels of any other foreign country. ARTICLE V. Goods imported In/ Liberian Government for Revenue Purposes. It being the intention of the Government of the Republic of Liberia to trade in certain articles of import, with a view to raising a revenue by selling them at a fixed advance upon the cost price, it is hereby agreed that in no case shall private merchants be absolutely prohibited from importing any of such articles, or any article in which the Government of the Republic may at any time see fit to trade ; nor shall such articles, or any article in which the Government of the Republic may at any time see fit to trade, be subject to a duty of a greater amount than the amount of the advance upon the cost price at which the Government may from time to time be bound to sell the same. In case the Government of the Republic shall at any time fix the price of any article of native produce, with a view to such article being taken in payment for any articles in which the Government may trade, such article of native produce shall be received into the Treasury at the same fixed price, in payment of taxes, from all persons trading with the Republic. ARTICLE VI. Wrecks and Salvage. The protection of the Government of the Republic shall be afforded to all British vessels, their officers and crews. If any such vessels should be wrecked on the coast of the Republic, the local authorities shall succour them, and shall secure them from plunder, and shall cause all articles saved from the wreck to be restored to their lawful owners. The amount of salvage dues in such cases shall be regulated, in the event of dispute, by arbitrators chosen by both parties. 540 LIBERIA. [November 21, 1848. ARTICLE VII. Commerce and Navigation. Most -favoured-nation Treatment. It being the intention of the two Contracting Parties to bind themselves by the present Treaty to treat each other on the footing of the most favoured nation, it is hereby agreed between them, that any favour, privilege, or immunity what- ever, in matters of commerce and navigation, which either Contracting Party has actually granted, or may hereafter grant, to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other Contracting Party, gratuitously, if the concession in favour of that other State shall have been gratuitous, or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. ARTICLE VIII. Appointment of Consular Officers. Each Contracting Party may appoint Consuls for the pro- tection of trade, to reside in the dominions of the other ; but no such Consul shall enter upon the exercise of his functions until he shall have been approved and admitted, in the usual form, by the Government of the country to which he is sent. ARTICLE IX. Slave Trade. Slavery and the Slave Trade being perpetually abolished in the Republic of Liberia, the Republic engages that a law shall be passed, declaring it to be piracy for any Liberian citizen or vessel to be engaged or concerned in the Slave Trade. The Republic engages to permit any British vessel of war which may be furnished with special Instructions under the Treaties between Great Britain and Foreign Powers for the prevention of the Slave Trade, to visit any vessels sailing under the Liberian flag, which may, on reasonable grounds, be suspected of being engaged in the Slave Trade ; and if, by the result of the visit, it should appear to the officer in command of puch British vessel of war that the suspicions which led thereto are well grounded, the vessel shall be sent without delay to a Liberian port, and shall be delivered up to the Liberian authorities, to be proceeded against according to the laws of the Republic. November 21, 1848.] LIBERIA, 541 ARTICLE X. Visit of British Vessels of War for Suppression of Slave Trade. The Republic of Liberia further engages to permit any British vessel of war which may be furnished v/ith special instructions as aforesaid, to visit, on the coast within the jurisdiction of the Republic, or in the ports of the same, any vessel which may be suspected of being engaged in the Slave Trade, and which shall be found sailing under any flag what- ever, or without any flag; and if the suspicions which led to the visit should appear to the officer in command of such British vessel of war to be well grounded, to detain such vessel, in order to send it as soon as possible before the competent court for adjudication. Duly constituted ports of entry in the Republic of Liberia shall be except ed from the operation of the stipulations of the present Article ; and no vessel shall be visited by a British cruiser within the limits of such ports, except on permission specially granted by the local authorities. ARTICLE XI. Ratifications. The present Treaty shall be ratified, and the ratifications shall be exchanged at Lor don within the space of twelve months from the date hereof. In witness whereof the Plenipotentiaries of Her Britannic Majesty, and the President of the Republic of Liberia, have signed the same, and have aifixed thereto their respective seals. Done at London, the twenty-first day of November, in the year of our Lord one thousand eight hundred and forty-eight. (L.S.) PALMER8TON. (L.S.) H. LABOUCHERE. (L.S.) J. J. ROBERTS. 5 4 2 LUXEMBUBG. [January 25, 1900. LUXEMBURG. No. 109. DECLARATION BETWEEN THE UNITED KINGDOM AND THE GRAND DUCHY OP LUXEMBURG RESPECTING THE RECIPROCAL PROTECTION OF TRADE-MARKS. Signed at Luxemburg, January 25, 1900/ THE Government of the United Kingdom of Great Britain and Ireland, and the Government of the Grand Duchy of Luxemburg, being desirous of securing a complete and effective protection to the manufacturing industry of the native subjects of the two countries, the Undersigned, being duly authorized to that effect, have agreed upon the following provisions : ARTICLE I. Protection of Trade-marks. National Treatment. British subjects in the Grand Duchy of Luxemburg, and Luxemburg subjects in the United Kingdom of Great Britain and Ireland, shall enjoy, with regard to marks of manufacture and trade, the same protection as native subjects. ARTICLE II. Legal Formalities. In order to secure for their marks the protection stipulated for by the preceding Article, British subjects in the Grand Duchy of Luxemburg, and Luxemburg subjects in the United Kingdom of Great Britain and Ireland, must fulfil the formalities prescribed to that effect by the laws of the two countries, ARTICLE III. Duration of Arrangement. The present Arrangement shall take effect from the date of its official publication in the two countries, and shall remain in * Signed also in French. Jan. 25, 1900. Aug. 29, 1903.] LUXEMBURG. 543 force until the expiration of the twelve months immediately following a denunciation made by one or the other of the Contracting Parties. In witness whereof the Undersigned have signed the present Declaration, and have affixed thereto the seal of their arms. Done in duplicate in Luxemburg, the 25th January, 1900. (L.S.) HENRY HOWARD. (L.S.) EYSCHEN. No. 110. ACCESSION OF GRAND DUCHY OF LUXEMBURG TO THE INTER- NATIONAL SUGAR CONVENTION OF MARCH 5, 1902. 29, 1903. Count de Lalaing to the Marquess of Lansdoivne. M. le Marquis, Londres, le 29 Aodt, 1903. AtNSl que j'ai eu Fhonneur de ranuoiicer a votre Seigneurie, a la date du 16 Mai dernier, la Commission Permanente, institute par la Convention des Sucres du 5 Mars, 1902, a etc saisie de Ja demande d'accessioii formulae par le Gouverne- ment du Grand-Duche de Luxembourg. L'examen dorit la legislation Luxembourgeoise a fait 1'objet ayant per mis de constater que celle-ci satisfait aux prescrip- tions de la Convention de Bruxelles, la Commission Permanente s'est prononcee en favour de 1'admission du Grand-Duche au nombre des Etats faisaiit partie de TUnion Sucriere. En portaiit cette notification d'accession, prevue a 1'Ar- ticle IX de 1'Acte du 5 Mars, 1902, a la connaissance de votre Seigneurie, je la prie d'agreer les assurances, &c. (Signe) LALAiNG, 544 MEXICO, [November 27, 1888. MEXICO. No. 111. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN GREAT BRITAIN AND MEXICO. 8ig-ited at Mexico, November 27, 1888.' [Ratifications exchanged at Mexico, February 11, 1889.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Excellency the President of the United States of Mexico, being desirous of maintaining and strengthening friendly relations, and of promoting commercial intercourse between the dominions of Her Britannic Majesty and the territories of the Mexican Republic, have resolved to conclude a Treaty of Friendship, Commerce, and Navigation, and have named as their Plenipotentiaries, that is to say : Her Majesty the Queen, of the United Kingdom of Great Britain and Ireland, Sir Spenser St. John, Knight Commander of St. Michael and St. George, Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty in Mexico ; And his Excellency the President of the United States of Mexico, Sefior Senador Don Emilio Velasco, ex-Minister Plenipotentiary of Mexico in France, &c., &c., &c. ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles : ARTICLE I. Peace ami Friendship. There shall be perfect peace and sincere friendship between the United Kingdom of Great Britain and Ireland and the United States of Mexico. The High Contracting Parties shall use their best endeavours that this friendship and good under- standing may be constantly and perpetually maintained. * Signed also in Spanish, November 27, 1888.] MEXICO. 545 ARTICLE II. Commerce and Navigation. Most-favoured-nation Treatment. The Contracting Parties agree that, in all matters relating to commerce aud navigation, any privilege, favour, or immunity whatever, which either Contracting Party has actually granted, or may hereafter grant, to the subjects or citizens of any oTher State, shall be extended immediately and unconditionally to the subjects or citizens of the other Contracting Party, it being their intention that the trade and navigation of each country shall be placed, in all respects, by the other on the footing of the most favoured nation. ARTICLE III. Imports, Exports, and Transit : Duties and Prohibitions. Most- favoured-nation Treatment. The produce and manufactures of the dominions and posses- sions of Her Britannic Majesty which are imported into the United States of Mexico, and the produce and manufactures of Mexico which are imported into the dominions and possessions of Her Britannic Majesty, whether intended for consumption, warehousing, re-exportation, or transit, shall be treated in the same manner as, and, in particular, shall be subjected to no higher or other duties, whether general, municipal, or local, than the produce, manufactures, and goods of any third country the most favoured in this respect. No other or higher duties shall be levied in Mexico on the exportation of any goods to the dominions and possessions of Her Britannic Majesty, or in the dominions and possessions of Her Britannic Majesty on the exportation of any goods to Mexico, than may be levied on the exportation of the like goods to any third country the most favoured in this respect. Neither of the Contracting Parties shall establish a prohibi- tion of importation, exportation, re-exportation, or transit against the other which shall not, under like circumstances, be applicable to any third country the most favoured in this respect. Local Dues, Brokerage, Commercial Travellers' Patterns, &c. Most-favoured-nation Treatment. In like manner, in all that relates to local dues, customs formalities, brokerage, patterns, or samples introduced by com- mercial travellers, and all other matters connected with trade, British subjects in Mexico, and Mexican citizens in the dominions and possessions of Her Britannic Majesty, shall enjoy most-favoured-nation treatment. [536] 2 N 546 MEXICO. [November 27, 1888. Alterations in Mexican Laws. Tariff, &c. In the event of any changes being made in Mexican laws, Customs Tariff or Regulations, sufficient notice shall be given, in order to enable British subjects to make the necessary arrangements for meeting them. The Mexican authorities shall, moreover, deal equitably with all cases arising from unintentional ignorance of any of the changes above mentioned. ARTICLE IV. Vessels and Cargoes. Most -favoured- nation Treatment. British ships and their cargoes shall, in Mexico, and Mexican vessels and their cargoes shall, in the dominions and possessions of Her Britannic Majesty, from whatever place arriving, and whatever may be the place of origin or destination of their cargoes, be treated in every respect as ships and cargoes of the most favoured nation. Harbour, &c., Dues. Pilotage, &c. The preceding stipulation applies to local treatment, dues, and charges in the ports, basins, docks, roadsteads, harbours, and rivers of the two countries, pilotage, and, generally, to all matters connected with navigation. Navigation. Most-favoured-nation Treatment. Every favour or exemption in these respects, or any other privilege in matters of navigation, which either of the Con- tracting Parties shall grant to a third Power, shall be extended immediately and unconditionally to the other Party. National Vessels. All vessels which, according to British law, are to be deemed British vessels, and all vessels which, according to the law of" Mexico, are to be deemed Mexican vessels, shall, for the purposes of this Treaty, be respectively deemed British or Mexican vessels. Ports. For the same purpose shall be considered as ports of each of the Contracting Parties those which are, or hereafter may be, declared open by the respective Governments for import or export trade. November 27, 1888.] MEXICO. 547 Maritime Jurisdiction. Three Marine Leagues from Low Water-mark. The two Contracting Parties agree to consider, as a limit of their territorial waters on their respective coasts, the distance of 3 marine leagues reckoned from the line of low water- mark. Nevertheless, this stipulation shall have no "effect, excepting in what may relate to the observance and application oT the Custom-house Regulations and the measures for preventing smuggling, and cannot be extended to other questions of civil or criminal jurisdiction, or of international maritime law. ARTICLE V. Freedom of Residence. Hiring, fyc., of Houses and Warehouses. Acquisition and Disposal of Property. National Treatment. The subjects or citizens of each of the Contracting Parties shall be permitted to reside, permanently or temporarily, in the dominions or possessions of the other, and to occupy and hire houses and warehouses for purposes of commerce, whether wholesale or retail. They shall also be at lull liberty to exercise civil rights, and therefore to acquire, possess, and dispose of every description of property, movable and immov- able, as far as the laws of each country will permit. They may acquire and transmit the same to others, whether by purchase, sale, donation, exchange, marriage, testament, succession ab intestato, and in any other manner, under the same conditions as natives of the country. Their heirs and legal representatives may succeed to and take possession of it, either in person or by procurator?, in the same manner and in the same legal forms as natives of the country. Duties, &c., on Property. National Treatment. In none of these respects shall they pay upon the value ot such property any other or higher impost, duty, or charge than is payable by natives of the country. In every case the subjects or citizens of the Contracting Parties shall be permitted to export their property, or the proceeds thereof, if sold, freely and without being subjected on such exportation to pay any duty different from that to which natives of the country are liable under similar circumstances. Subjects. Eights and Obligations. Most-favoured-nation Treatment. The citizens or subjects of each one of the Contracting Parties, who may be residing, temporarily or permanently, in the [536] 2 N 2 548 MEXICO. [November 27, 188b. dominions and possessions of the other, are subject to the laws of the country where they reside, especially to those which determine the rights and obligations of foreigners, on the same conditions as those of the citizens or subjects of the most favoured nation. AETICLE VI. Inviolability of Dwellings, &c. The dwellings, manufactories, warehouses, and shops of the subjects or citizens of each of the Contracting Parties in the dominions and possessions of the other, and all premises appertaining thereto, destined for purposes of residence or commerce, shall be respected. Domiciliary Visits, &c. National Treatment. It shall not be allowable to proceed 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 natives of the country. Administration of Justice. National Treatment. The subjects or citizens of each of the two Contracting Parties in the dominions and possessions of the other shall have free access to the Courts of Justice for the prosecution and defence of their rights, without other conditions, restric- tions, or taxes beyond those imposed on natives of the country, and shall, like them, be at liberty to employ, in all causes, their advocates, attorneys, or agents from among the persons admitted to the exercise of those professions according to the laws of the country. ARTICLE VII. Exemptions from Military Service, Forced Loans, &c. Requisitions, fyc., on Heal Property. National Treatment. The subjects or citizens of each of the Contracting Parties in the dominions and possessions of the other shall be exempted from all compulsory military service whatever, whether in the army, navy, or national guard, or militia. They shall likewise be exempted from all contributions, whether pecuniary or in kind, imposed as a compensation for personal service, and, finally, from forced loans, and from charges, requisitions, and war contributions, unless imposed on real property, when they shall pay them equally with nationals. November 27, 1888.] MEXICO. 549 ARTICLE VIII. Protection of Persons and Property. Most-favoured-nation Treatment. The subjects or citizens of either of the two Contracting Parties residing in the dominions and possessions of the other shall enjoy, in' regard to their houses, persons, and properties, the protection of the Government in as full and ample a manner as the subjects or citizens of the most favoured nation. Liberty of Conscience. In like manner the subjects or citizens of each Contracting Party shall enjoy in the dominions and possessions of the other full liberty of conscience, and shall not be molested on account of their religious belief. ARTICLE IX. Trade-marks, &c. National and Most -favoured - nation Treatment. The subjects or citizens of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as natives, or as subjects or citizens of the most favoured nation, in regard to patents for inventions, trade- marks, and designs, upon fulfilment of the formalities pre- scribed by law. ARTICLE X. Appointment and Privileges of Consular Officers. Most-favoured- nation Treatment. Each of the Contracting Parties may appoint Consuls- General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents to reside respectively in towns or ports in the dominions and possessions of the other Power, each one of them reserving the right of excepting those places where it may not appear convenient to admit them whenever this exception is extended to the Consular functionaries of all other nations. Such Consular officers, however, shall not enter upon their functions until after they shall have been approved and admitted in the usual form by the Government to which they are sent. They shall exercise whatever functions, and enjoy whatever privileges, exemptions, and immunities are, or may hereafter be, granted there to Consular officers of the most favoured nation. 550 MEXICO. [November 27, 1888. Inviolability of Consular Archives. The archives and official papers of Consular functionaries shall be respected as inviolable, without the authorities of the country being able, on any account, to seize them, or take note of their contents. ARTICLE XI. Seamen Deserters. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of each of the Contracting Parties, residing in the dominions and possessions of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries. ARTICLE XII. Vessels in Distress. National Treatment. Any ship of war or merchant-vessel of either of the Contract- ing Parties which may be compelled by stress of weather or by accident, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary stores, and to continue their voyage without paying any dues other than such as would be payable in a similar case by a national vessel. In case, however, the master of a merchant-vessel should be under the necessity of disposing of a part of his merchandize in order to defray his expenses, he shall be bound to conform to the Regulations and Tariffs of the place to which he may have come. Wrecks and Salvage. National Treatment. II any ship of war or merchant-vessel of one of the Con- tracting Parties should run aground, or be wrecked within the territory of the other, such ship or vessel, and all parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize saved therefrom, including any which may have been cast out of the ship, or the proceeds thereof if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents when claimed by them within the period fixed by the laws of the country; and such owners or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the like case of a wreck of a national vessel. November 27, 1888.] MEXICO. 551 The goods and merchandize saved from the wreck shall be exempt from all duties of customs unless cleared for consumption, in which case they shall pay the same rate of dut^ as if they had been imported in a national vessel. In the case either of a vessel being driven in by stress of weather, run aground, or wrecked, the respective Consuls- General, Consuls, Vice-Consuls, and Consular Agents shall, if the owner or master or other agent of the owner is not present, or is present and requires it, be authorized to interpose in order to afford the necessary assistance to their fellow-countrymen. ARTICLE XIII. Rupture of Friendly Relatio-ns. Position of Persons and Property. National Treatment. For the better security of commerce between the subjects of Her Britannic Majesty and the citizens of the United States of Mexico, it is agreed that, if at any time any interruption of friendly intercourse or any rupture should unfortunately take place between the two Contracting Parties, the subjects or citizens of either of the said Contracting Parties who may be residing in the dominions or territories of the other, or who may be established there, in the exercise of any trade or special employment, shall have the privilege of remaining and continu- ing such trade or employment, without any manner of interrup- tion, in full enjoyment of their liberty and property, so long as they behave peacefully and commit no offence against the laws ; and their goods, property, and effects, of whatever description they may be, whether in their own custody, or intrusted to individuals, or to the State, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like goods, property, and effects belonging to native subjects or citizens. Should they, however, prefer to leave the country, they shall be allowed to make arrangements for the safe keeping of their goods, property, and effects, or to dispose of them, and to liquidate their accounts ; and a safe-conduct shall be given them to embark at the ports which they shall themselves select. ARTICLE XIV. Application to British Colonies. The stipulations of the present Treaty shall be applicable to all the Colonies and foreign possessions of Her Britannic Majesty, 552 MEXICO. [November 27, 1888. so far as the laws permit, excepting to those hereinafter named, that is to say, except to India. The Dominion of Canada. Newfoundland. New South Wales. Victoria. South Australia. Western Australia. Queensland. Tasmania. New Zealand. The Cape. Natal. Provided always that the stipulations of the present Treaty shall be made applicable to any of the above-named Colonies or foreign possessions, on whose behalf notice to that effect shall have been given by Her Britannic Majesty's Representative in Mexico to the Mexican Minister for Foreign Affairs within two years from the date of the exchange of the ratifications of the present Treaty. ARTICLE XV. Controversies as to Interpretation or Execution of Treaty to be referred to Arbitration. Any controversies which may arise respecting the interpreta- tion or the execution of the present Treaty, or the consequences of any violation thereof, shall be submitted, when the means of settling them directly by amicable agreement are exhausted, to the decision of Commissions of Arbitration, and the result of such arbitration shall be binding upon both Governments. The members of such Commissions shall be selected by the two Governments by common consent, failing which, each of the Parties shall nominate an Arbitrator, or an equal number of Arbitrators, and the Arbitrators thus appointed shall select an Umpire. The procedure of the arbitration shall in each case be determined by the Contracting Parties, failing which the Commission of Arbitration shall be itself entitled to determine it beforehand. ARTICLE XVI. Duration of Treaty. The present Treaty shall continue in force during ten years, counted from the day of the exchange of the ratifications ; and in case neither of the two Contracting Parties shall have given November 27, 1888.] MEXICO. 553 notice, twelve months before the expiration of the said period of ten years, of their intention of terminating the present Treaty, it shall remain in force until the expiration of one year from the day on which either of the Contracting Parties shall have given such notice. ARTICLE XVII. Ratifications. The present Treaty shall be ratified by Her Majesty the Queen of Great Britain and Ireland, and by his Excellency the President of the United States of Mexico, and the ratifications shall be exchanged at Mexico as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done in two originals, at the City of Mexico, the twenty- seventh day of November, one thousand eight hundred and eighty-eight. (L.S.) SPENSEK ST. JOHN. (L.S.) EMILIO VELASCO. LIST OP BRITISH COLONIES WHICH HAVE ACCEDED TO THE ABOVE TREATY : Newfoundland. . . . December 12, 1889. Victoria . . . . ,, Western Australia . . Tasmania . . . . ,, Natal . . . . . . South Australia . . July 11, 1890. Queensland . . . . December 1, 1890. THE FOLLOWING HAVE NOT ACCEDED TO THE TREATY: India. Canada. Cape of Good Hope. New Zealand. New South Wales. 554 MEXICO. [August 13, 1903. No. 112. ACCESSION OF MEXICO TO THE INDUSTEIAL PROPERTY CONVEN- TION, 1883, AND ADDITIONAL ACT OF 1900. August 13, 1903. (No. 1.) M. Carlin to the Marquess of Lansdowne. (Received August 15.) M. le Marquis, Londres, le 13 Aottt, 1903. SlJR 1'ordre de mon Gouvernement, j'ai Fhonneur de porter a la connaissance de Votre Seigneurie que les Stats-Urns du Mexique ont accede a la Convention d' Union pour la Protection de la Propriete Industrielle du 20 Mars, 1883, completee et modifiee par 1'Acte Additionnel du 14 Decembre, 1900. Au point, de vue de la repartition des frais du Bureau Inter- national, le Mexique a demande a figurer dans la troisieme des classes prevues sous le numero 6 du Protocole de Cloture de la susdite Convention. D'apres ce qui a ete dispose a 1' Article XVI de la Convention revisee, et a defaut de la fixation, par le Gouvernement Mexicain, d'une date determinee pour son entree dans T Union, Faccessiori precitee produira ses effets un mois apres la date de la note du Conseil Federal, soit a partir du 7 Septembre, 1 903. Je serais vivement oblige a Votre Seigneurie de bien vouloir consentir a me donner acte de la presente communication, et je saisis, &c. (Signe) CARLIN. (No. 2.) The Marquess of Lansdowne to M. Carlin. Sir, Foreign Office, August 25, 1903. I HAVE the honour to acknowlege the receipt of your note of the 13th instant, announcing the accession of the United States of Mexico to the Convention of the 20th March, 1883, creating a Union for the Protection of Industrial Property, as completed and modified by the Additional Act of the 14th December, 1900. I note that Mexico will rank in the third class with respect to its contribution to the expenses of the International Bureau ; and that, since no date of accession has been fixed by the Mexican Government, the entry of Mexico within the Union will, in accordance with Article XVI of the revised Con- vention, take effect one month after the date of the note of the Federal Council communicating this intelligence, viz., on the 7th September, 1903. I have, &c. (Signed) LANSDOWNE. December 9, 1856.] MOROCCO. 555 MOROCCO. No. 113. GENERAL TREATY BETWEEN GREAT BRITAIN AND MOROCCO. Signed at Tangier, December 9, 1856.* HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Sultan of Morocco and Fez, being desirous to maintain and strengthen the relations of friendship which have long subsisted between their respective dominions and subjects, have resolved to proceed to a revision and improvement of the Treaties subsisting between the respective countries, and have for that purpose named as their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, John Hay Drummond Hay, Esquire, Her Charge d' Affaires and Consul -General at the Court of His Majesty the Sultan of Morocco and Fez ; And His Majesty the Sultan of Morocco and Fez, Seed Mohamed Khateeb, His Commissioner for Foreign Affairs ; Who, after having communicated to each other their respective full powers, iiave agreed upon and concluded the following Articles : ARTICLE I. Peace and Friendship. There shall be perpetual peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, h^r heirs and successors, and His Sherifian Majesty the Sultan of Morocco and Fez, and between their respective dominions and subjects. ARTICLE II. Appointment of Consular Officers. Her Majesty the Queen of Great Britain may appoint one or more Consuls in the dominions of the Sultan of Morocco and * Signed also in Arabic. 556 MOROCCO. [December 9, 1856. Fez ; and such Consul or Consuls shall be at liberty to reside in any of the sea-ports or cities of the Sultan of Morocco which they or the British Government may choose, and find most convenient for the affairs and service of Her Britannic Majesty and for the assistance of British merchants. ARTICLE III. Rights and Privileges of Diplomatic and Consular Officers. Most -favoured-nation Treatment. The British Charge d'Affaires, or other Political Agent accredited by the Queen of Great Britain to the Sultan of Morocco, as also the British Consuls who shall reside in the dominions of the Sultan of Morocco, shall always have respect and honour paid to them, suitable to their rank. Their houses and families shall be safe and protected. No one shall interfere with them, or commit any act of oppression or disrespect towards them, either by words or by deeds ; and if any one should do so, he shall receive a severe punishment, as a correction to himself and a check to others. The said Charge d'Affaires shall be at liberty to choose his own interpreters and servants, either from the Mussulmans or others, and neither his interpreters nor servants shall be compelled to pay any capitation tax, forced contribution, or other similar or corresponding charge. With respect to the Consuls or Vice-Consuls who shall reside at the ports under the orders of the said Charge d'Affaires, they shall be at liberty to choose one interpreter, one guard, and two servants, either from the Mussulmans or others ; and neither the interpreter, nor the guard, nor their servants, shall be compelled to pay any capitation tax, forced contribution, or other similar or corre- sponding charge. If the said Charge d'Affaires should appoint a subject of the Sultan of Morocco as Vice-Consul at a Moorish port, the said Vice-Consul, and those members of his family who may dwell within his house, shall be respected, and exempted from the payment of any capitation tax, or other similar or corresponding charge: but the said Vice-Consul shall not take under his protection any subject of the Sultan of Morocco except the Members of his family dwelling under his roof. The said Charge d'Affaires, and the said Consuls, shall be permitted to have a place of worship, and to hoist their national flag at all times on the top of the houses which they may occupy, either in the city or out of it, and also in their boats whenever they go to sea. No prohibition nor tax shall be put upon their goods, furniture, or any other articles which may come to them for their own use and for the use of their families, in the dominions of the Sultan of Morocco ; but the said Charge d'Affaires, Consuls, or Vice-Consuls, shall be required to deliver to the officers of the Customs a note of hand, specifying the number of articles which they shall require to be passed. December 9, 1856.] MOROCCO. 557 This privilege shall only be accorded to those Consular officers who are not engaged in trade. If the service of their Sovereign should require their attendance in their own country, or if they should depute another person to act for them in their absence, they shall not be prevented in any way from so doing ; and no impediment shall be offered either to themselves, their servants, or their property, but they shall be at liberty to go and come, respected and honoured ; and both they themselves and jtheir deputies or Vice-Consuls shall be entitled, in the most ample sense, to every privilege which is now enjoyed, or may in future be granted, to the Consul of any other nation. ARTICLE IV. Travel and Residence. Most-favoured-nation Treatment. With respect to the personal privileges to be enjoyed by the subjects of Her Britannic Majesty in the dominions of the Sultan of Morocco, His Sherifian Majesty engages that they shall have a free and undoubted right to travel and to reside in the territories and dominions of His said Majesty, subject to the same precautions of police which are practised towards the subjects or citizens of the most favoured nations. Hiring, &c., of Dwellings and Warehouses. Exemption from Taxes, Military Service, Forced Loans, &c. Protection of Persons and Property. Inviolability of Dwellings, &c. Domiciliary Visits. National Treatment. They shall be entitled to hire, on lease or otherwise, dwellings and warehouses ; and if a British subject shall not find a house or warehouse suitable for his dwelling or for his stores, the Moorish authorities shall assist him in rinding a site, within the localities generally selected for the habitations of Europeans, it there be a suitable site Avithin the town, for building a dwelling or stores, and an agreement shall be entered upon, in writing, with the authorities of the town, regarding the number of years that the British subject shall retain possession of the land and buildings, in order that he shall thus be repaid the expenses of the outlay he shall have made ; and no person shall compel the British subject to give up the dwelling or warehouses until the time mentioned in the said document shall have expired. They shall not be obliged to pay, under any pretence whatever, any taxes or impositions. They shall be exempt from all military service, whether by land or sea ; from forced loans, and from every extraordinary contribution. Their dwellings, ware- houses, and all premises appertaining thereto, destined for purposes of residence or commerce, shall be respected. No arbitrary search of or visit to the houses of British subjects, and no arbitrary examination or inspection whatever of their books, papers, or accounts, shall be made ; but such measures shall be 558 MOROCCO. [December 9, 1856. executed only in conformity with the orders and consent of the Consul-General or Consul. And, generally, His Majesty the Sultan engages that the subjects of Her Britannic Majesty residing in his States or Dominions shall enjoy their property and personal security in as full and ample manner as subjects of the Emperor of Morocco are entitled to do within the territories of Her Britannic Majesty. Protection and Privileges of Moorish Subjects in British Dominions. Most-favoured-nation Treatment. Her Britannic Majesty, on her part, engages to ensure the enjoyment of the same protection and privileges to the subjects of His Majesty the Sultan of Morocco within her dominions, which are or may be enjoyed by the subjects of the most favoured nations. ARTICLE V. Protection of Persons and Property. Freedom of Religious Worship. Burials. Employment of Agents. All British subjects and merchants who may wish to reside in any part of the dominions of the Sultan of Morocco shall have perfect security for their own persons and property ; and they shall be free to exercise the rites of their own religion, without any interference or hindrance, and to have a burial- place for their dead ; and they shall be allowed to go out to bury them with safety and protection in going and in returning. They shall be free to appoint any one whom they may choose of their own friends or servants for the transaction of their affairs, either on land or at sea, without any prohibition or interruption ; and if a British merchant shall have a ship in or outside of one of the harbours of the Sultan of Morocco, or shall be permitted to go on board of her, either by himself he with any whom he likes of his own friends or servants, without either himself or his friends or servants being subjected to any forced contribution for so doing. ARTICLE VI. Free Transaction of Business. Any person subject to the Queen of Great Britain, or under her protection, shall not be compelled to sell or to buy anything without his own free will ; nor shall any of the Sultan of Morocco's subjects have a claim or right upon any goods of a British merchant, but what such merchant may give them voluntarily ; and nothing shall be taken away from any British merchant but what shall be agreed upon between the respective parties. December 9, 1856.] MOROCCO. The same rule shall be observed with regard to Moorish subjects in the dominions of the Queen of Great Britain. ARTICLE VII. Recovery of Debts. No subject of the Queen of Great Britain, nor any person under her protection, shall, in the dominions of the Sultan of Morocco, be made liable to pay a debt due from another person of his nation, unless he shall have made himself responsible or guarantee for the debtor, by a document under his own hand- writing ; and, in like manner, the subjects of the Sultan of Morocco shall not be made liable to pay a debt due from another person of his nation to a subject of Great Britain, unless he shall have made himself responsible or guarantee for the debtor by a document under his own handwriting. ARTICLE VIII. British Consular Jurisdiction in Civil and Criminal Cases between British Subjects. In all criminal cases and complaints, and in all civil differences, disputes, or causes of litigation which may occur between British subjects, the British Consul-Genera], Consul, Vice-Consul, or Consular Agent, shall be sole judge and arbiter. No Governor, Kadi, or other Moorish authority, shall inter- meddle therein ; but the subjects of Her Britannic Majesty shall, in all matters of criminal or civil cognizance arising or existing between British subjects exclusively, be amenable to the tribunal of the Consul-General, Consul, or other British authority only. ARTICLE IX. Civil and Criminal Cases between British Subjects and Moors. Consular Intervention. All criminal cases and complaints, and all civil differences, disputes, or causes of litigation arising between British subjects and subjects of the Moorish Government, shall be adjusted in the following manner : If the plaintiff be a British subject and the defendant a Moorish subject, the Governor of the town or district, or the Kadi, according as the case may appertain to their respective Courts, shall alone judge the case ; the British subject making his appeal to the Governor or Kadi, through the British Consul- General, Consul, or his deputy, who will have a right to be present in the Court during the whole trial of the case. 560 MOROCCO. [December 9, 1856. In like manner, if the plaintiff be a Moorish subject, and the defendant a British subject, the case shall be referred to the sole judgment and decision of the British Consul-General, Consul, Vice-Consul, or Consular Agent ; the plaintiff shall make his appeal through the Moorish authorities; and the Moorish Governor, Kadi, or other officer who may be appointed by them shall be present, if he or they so desire, during the trial and judgment of the case. Should the British or Moorish litigant be dissatisfied with the decision of the Consul-General, Consul, Vice-Consul, Governor, or Kadi (according as the case may appertain to their respective Courts) , he shall have a right of appeal to Her Britannic Majesty's Charge d' Affaires and Consul- General, or to the Moorish Commissioner for Foreign Affairs, as the case may be. ARTICLE X. Actions for Debt between British Subjects and Moors. A British subject suing, in a Moorish Court of Law, a subject of the Sultan of Morocco, for a debt contracted within the dominions of the Queen of Great Britain, shall be required to produce an acknowledgment of the claim written either in the European or Arabic characters, and signed by the Moorish debtor in the presence of, and testified by, the Moorish Consul, Vice-Consul, or Consular Agent, or before two witnesses whose signatures shall have been at the time, or subsequently, certified by the Moorish Consul. Vice-Consul, or Consular Agent, or by a British Notary in a place where no Moorish Consul, Vice-Consul, or Consular Agent resides. Each document so witnessed or certified by the Moorish Consul, Consular Agent, or British Notary, shall have full force and value in a Moorish tribunal. Should at any time a Moorish debtor escape to any town or place in Morocco where the authority of the Sultan may be established, and where no British Consul or Consular Agent may reside, the Moorish Government shall compel the Moorish debtor to come to Tangier, or other port or town in Morocco where the British creditor may desire to prosecute his claim before a Moorish Court of Law. ARTICLE XL Arrest, te., of British Subjects. Assistance to Consular Officers by Moorish Government. Should the British Consul -General, or any of the British Consuls, Vice-Consuls, or Consular Agents, have at any time occasion to request from the Moorish Government the assist- ance of soldiers, guards, armed boats, or other aid for the purpose of arresting or transporting any British subject, the demand shall immediately be complied with, on payment of the usual fees given on such occasions by Moorish subjects. December 9, 1856.] MOROCCO. 5 6 i ARTICLE XII. Punishments for False Evidence given "by Subjects of one State against Subjects of the other. If any subject of the Sultan be found guilty before the Kadi of producing false evidence to the injury or prejudice of a British subject, he shall be severely punished by the Moorish Government according to the Mahometan law. In like manner, the British Consul-General, Consul, Vice-Consul, or Consular Agent, shall take care that any British subject who may be convicted of the same offence against a Moorish subject, shall be severely punished according to the law of Great Britain. ARTICLE XIII. Eqiial Eights and Privileges of all British Subjects, ivhether Mahometans. Jews, or Christians, under Treaty. Most- favoured-na tion Treatment. All British subjects, whether Mahometans, Jews, or Christians, shall alike enjoy all the rights and privileges granted by the present Treaty and the Convention of Commerce and Navigation which has also been concluded this day, or which shall at any time be granted to the most favoured nation. ARTICLE XIV. Trial of Civil and Criminal Cases between British Subjects and, other Foreigners in Morocco. In all criminal cases, differences, disputes, or other causes of litigation arising between British subjects and the subjects or citizens of other foreign nations, no Governor, Kadi, or other Moorish authority shall have a right to interfere, unless a Moorish subject may have received thereby any injury to his person or property, in which case the Moorish authority, or one of his officers, shall have a right to be present at the tribunal of the Consul. Such cases shall be decided solely in the tribunals of the foreign Consuls, without the interference of the Moorish Government, according to the established usages which have hitherto been acted upon, or may hereafter be arranged between such Consuls. ARTICLE XV. Naval and Military Deserters, It is agreed and covenanted that neither of the High Contracting Parties shall knowingly receive into or retain [536] 2 O 562 MOROCCO. [December 9, 1856. in its service any subjects of the other Party who have deserted from the naval or military service of that other Party ; but that, on the contrary, each of the Contracting Parties shall respectively discharge from its service any such deserters, upon being required by the other Party so to do. Seamen Deserters. And it is further agreed, that if any of the crew of any merchant-vessel of either Contracting Party, not being slaves, nor being subjects of the Party upon whom the demand is made, shall desert from such vessel within any port in the territory of the other Party, the authorities of such port and territory shall be bound to give every assistance in their power for the apprehension of such deserters, on application being made by the Consul-Gen eral or Consul of the Party concerned, or by the deputy or representative of the Consul-General or Consul ; and no person whatever shall protect or harbour such deserters. ARTICLE XVI. British Subjects professing Mahometan Religion entitled to all JRights and Privileges under this Treaty. No British subject professing the Mahometan faith, or who may have professed the Mahometan religion, shall be considered as having in any manner lost, or as being by reason thereof in any degree less entitled to, the rights and privileges, or the full protection, enjoyed by British subjects who are Christians ; but all British subjects, whatever their religion may be, shall enjoy all the rights and privileges secured by the present Treaty to British subjects, without any distinction or difference. ARTICLE XVII. Freedom of Subjects of one Country in Time of Peace or War to leave Dominions of the other, and to dispose of their Goods and Property. Any subjects of the Queen of Great Britain who may be found in the dominions of the Sultan of Morocco, either in time of peace or in time of war. shall have perfect liberty to depart to their own country, or to any other country, in their own ships or in the ships of any other nation ; and they shall also be free to dispose as they please of their goods and property of every kind, and to carry away with them the value of all such goods and property, as well as to take their families and domestics, even though born and brought up in Africa or elsewhere out of the British dominions, without any one inter- fering with or preventing them under any pretuiicu. All these rights shall be likewise granted to the subjects of the Sultan of December 9, 1856. J MOROCCO. 563 Morocco who may be in the dominions of the Queen of Great Britain. ARTICLE XVIII. Estates and Debts of Deceased British Subjects and Protected Persons. Intestate Estates. If any subject of Her Britannic Majesty, or any native of a State or place under British protection, should die in the dominions of the Sultan of Morocco, no Governor or officer of the Sultan shall, under any pretence, dispose of the goods or property of the deceased, nor shall any one interfere therewith ; but all the property and goods belonging to the deceased, and all that was under his hands and in his possession, shall be taken possession of by the persons chosen by him for that purpose, and named in his will as his heirs, if they should be present ; but in case such heir or heirs should be absent, then the Consul-General, Consul, or his deputy, shall take possession ot all the property and effects, after making a list or inventory thereof, specifying every article correctly, until he delivers the same to the heir of the deceased. But should the deceased die without making any will, the Consul-General, Consul, or his deputy shall have the right to take possession of all the property left by him, and to preserve it for the persons entitled by law to the property of the deceased ; and if the deceased should leave behind him debts due to him from individuals, then the Governor of the town, or those who have such a power, shall compel the debtors to pay what is due from them either to the Consul-General, Consul, or his deputy, for the benefit of the estate of the deceased; and likewise, if the deceased should leave behind him debts due from him to a subject of the Sultan of Morocco, the Consul- General, Consul, or his deputy shall assist the creditor in the recovery of his claim upon the estate of the deceased. ARTICLE XIX. Application of Treaty to all the British Dominions. The present Treaty shall apply generally to all the dominions of Her Britannic Majesty, and to all subjects who are under her obedience, and all those who inhabit any town or place which is considered part of her kingdom, as also to all her subjects in Gibraltar and its inhabitants, and likewise to the inhabitants of the United States of the Ionian Islands which are under her protection ; and all those who are called or described as English shall be considered as British subjects, without any distinction between those born in and those born out of Great Britain : and if the Queen of Great Britain should hereafter possess a town or a country which, either by conquest or by Treaty, shall enter under her authority, all its people [536] * 2 o 2 564 MOROCCO. [December 9, 1856. and inhabitants shall be considered as British subjects, even if only for the first time subjected to Great Britain. ARTICLE XX. General Most-favoured-nation Treatment. The subjects of the Queen of Great Britain, and those who are under her government or protection, shall have the full benefit of the privileges and of the particular favours granted by this Treaty, and which may be allowed to the subjects of other nations that are at war with Great Britain ; and if after this date any other privileges shall bo granted to any other Power, the same shall be extended and apply to and in favour of all British subjects in every respect as to the subjects of such other Power. ARTICLE XXL Subjects and Goods of one Country captured on Vessels belonging to Enemies of the other. If a subject of the Sultan of Morocco should ship himself and his goods on board of a vessel belonging to a nation at war with the Queen of Great Britain, and that ship should be taken by a British man-of-war, the said Moroquine subject, and also his goods, provided they be not contraband of war, shall not be molested or interfered with, but both he and the goods which he has on board the vessel thus taken, shall be let free, and he shall be set at liberty to go where he pleases. In like manner, if a British subject should take his passage on board oi a vessel belonging to a nation at war with the Sultan of Morocco, and that vessel be taken by a Moroquine cruiser, such British subject shall not be molested, nor shall his goods, if not contra- band of war, which he may have with him on board of the vessel thus taken, be interfered with, but he shall have his liberty, and be left free to go where he pleases, with his goods, without impediment or delay. ARTICLE XXII. British Prizes in Ports of Morocco, If any duly commissioned British vessel should capture a ship, and take her to a harbour in the dominions of the Sultan of Morocco, the captors shall be allowed to sell such prize or the goods taken in her, without impediment from any one ; or they shall be at liberty to depart with their prize and take her to any other place they please. December 9, 1856.] MOROCCO. 565 ARTICLE XXIII. Protection of British Vessels chased by Emmy into Moorish Waters. If a British vessel should be chased by an enemy to within gun-shot from the seaports or shores of the dominions of the Sultan of Morocco, the local authorities shall respect and defend her as much as they can ; and, in like manner, the~ships of Morocco shall be protected in all the seaports or coasts of the dominions of the Queen of Great Britain. ARTICLE XXIV. Treatment of Privateers of a Nation at War with either Country in the Ports of the other. If a cruiser not belonging* either to the Queen of Great Britain or to the Sultan of Morocco should possess letters ot marque from a nation at war with Great Britain or with Morocco, that cruiser shall not be permitted to remain in any of the harbours or seaports of either of the two Parties, nor to sell its prizes therein, nor to exchange such prizes or their cargo for other merchandize ; nor shall any such cruiser be allowed to purchase stores or provisions, except as much as may be absolutely necessary for the voyage to the nearest port of its own country. ARTICLE XXV. Treatment of War-ships of a Nation at War with either Country in the Ports of the other. If an armed ship of a nation at war with Great Britain should be found in any of the harbours or seaports of the Sultan of Morocco, and at the same time a British ship should happen to be also there, such ship of the enemy of Great Britain shall not be allowed to seize upon the British vessel, nor to cause it any injury ; and the enemy's ship shall not be allowed to sail in the track of the British vessel till twenty-four hours shall have elapsed after the departure of the said vessel, if the authorities of the port or harbour have the power of detaining the vessel of the enemy. The same rule shall be observed towards the ships of the Sultan of Morocco or his subjects, in all the harbours and seaports of the Queen of Great Britain. ARTICLE XXVI. British War-ships or Merchant-vessels may buy provisions five- from duty in Ports of Morocco. If any British vessels ol war or merchant-vessels should enter one of the harbours or seaports of the Sultan of Morocco, 566 MOROCCO. [December 9, 1856. and be in. want of provisions or refreshments, such vessels shall be at liberty to buy what they require at the current prices of the time, free of duty ; but the quantity shall not exceed that which may be sufficient for the sustenance of the master and crew during the voyage to the port whither the vessel may be bound, and also the necessary provisions required for the daily maintenance of the crew during .the time the vessel remains at anchorage in the Moorish port. ARTICLE XXVII. Privileges of Mail Packets. Vessels or boats freighted by order of the British Govern- ment for the conveyance of mails, or employed by the British Government under contract for the same service, shall be respected, and shall have the same privileges as ships of war, if they do not bring; or take articles of merchandize to or from a port of the Sultan of Morocco ; but if they carry any mer- chandize from a port of these dominions, they shall pay the same charges as any other merchant-vessel. ARTICLE XXVIII. Vessels of either Country entering Seaports of the other are not bound to go into harbour nor to sell their Cargoes. If any vessel belonging to the subjects or to the inhabitants of the dominions of either Contracting Party should enter one of the seaports of the other, and should not wish to go into harbour nor to declare nor sell her cargo there, she shall not be compelled to do so. nor shall any one inquire or search in any way to know what she contains; but a guard may be placed on board by the Custom-house officers, as long as the vessel remains at anchor, to prevent any illegal traffic. ARTICLE XXIX. Duties only to be paid on portion of Cargo landed. If a British vessel with a cargo should enter one ot the harbours of the Sultan of Morocco, and should wish to land a part of her cargo which may be destined for that place, she shall not be compelled to pay duties upon more than the landed part of her cargo, and shall not be required to pay any duty upon the rest of the cargo which is left on board, but she shall be at liberty to depart with the remainder of her cargo to any place she pleases. The manifest of the cargo of each vessel shall on her arrival be delivered up to the Moorish Custom- house officers, who will be permitted to search the vessel on her December 9, 1856.] MOROCCO. 567 arrival and departure, or to place a guard on board the vessel to prevent any illegal traffic. The same rule shall be observed in British ports with regard to Moorish vessels. The master of each vessel, on departure from a Moorish port, shall be required to present a manifest of the cargo of articles exported, certified by the Consul or the Vice-Consul, and shall exhibit the manifest to the administrators of customs when required to do so, in order that they may verify that no goods have been embarked in contraband. ARTICLE XXX. Vessels of either Country in the Ports of the other are not bound to carry Passengers or G-oods, and cannot be forced to sail to any particular place. No captain of a British vessel in a Moorish port, and no captain of a Moorish vessel in a British port, shall be in any way compelled to carry any passengers or any kind of goods against his own will, nor shall he be forced to sail for any place which he does not wish to go to ; and his ship shall not be molested in any way whatever. ARTICLE XXXI. British Vessels hired by Moorish Subjects. If any of the subjects of the Sultan of Morocco should hire a British vessel to carry goods or passengers from one place to another within the dominions of Morocco, and if in the course of her voyage such British vessel should be forced by stress of weather or accident of the sea to enter a different port in the same dominions, the captain shall not be obliged to pay anchorage or any other duty on account of his entering such port ; but if such vessel should discharge or take on board at such port any cargo, the said vessel shall be treated like any other. ARTICLE XXXII. British Vessels entering Moorish Ports for Repairs. Any British ships or vessels which may be damaged at sea, and may enter one of the harbours of the Sultan of Morocco for repairs, shall be received and assisted in all their wants during their stay in such harbour, during their refit, or at their departure for the place of their destination, if the articles required for the repairs of the vessel shall be found for sale in such harbour, and in such case they shall be bought and paid for at the same prices as are usually paid by others ; and the 568 MOROCCO. [December 9, 1856. British ships or vessels shall not be in any way whatever molested or prevented from proceeding on their voyage. ARTICLE XXXIII. Wrecks and Salvage. Consular interference. If a ship belonging to the Queen of Great Britain, or to any of her subjects, should get on shore, or be wrecked on any part of the dominions of the Sultan of Morocco, she shall be respected and assisted in all her wants, in accordance with the rules of friendship; and such ship, and all her contents, cargo, or any goods which may be saved from her at the time or after the wreck, shall be preserved and given up to the owners, or to the British Consul-General, Consul, or his deputy, without the loss or concealment of anything whatever. Should the wrecked vessel have on board any goods which the proprietors desire to sell within the dominions of Morocco, the proprietors shall pay upon these goods the requisite duties ; but if the goods on board the vessel had been embarked from any port of the dominions of Morocco, no other duties in addition to those which may already have been paid, shall be demanded, either on importation or on exportation, and the proprietors shall have the right either of selling the goods in Morocco, or of embarking them, as they please. The captain and crew shall be at liberty to proceed to any place they please, and at any time they may think proper, without any hindrance. In like manner, the ships of the Sultan of Morocco, or of his subjects, shall be treated in the dominions of the Queen of Great Britain ; it being understood that such ships are to be subject to the same lawful charges for salvage to which British ships are subject. If a British vessel should be wrecked at Wadnoon, or on any part of its coast, the Sultan of Morocco shall exeit his power to save and protect the captain and crew, till they return to their own country ; and the British Consul-General, Consul, or Ids deputy shall be allowed to inquire and ascertain, as much as they can, about the captain and crew of any such ship, in order that they may obtain and save them from those parts of the country; and (he Governors appointed in those places by the Sultan ol Morocco shall also assist the Consul-General, Consul, or deputy, in his researches, agreeably to the rules of friendship. ARTICLE XXXIV. Suppression of Piracy. Her Majesty the Queen of Great Britain and His Majesty the Sultan of Morocco engage to do all in their power for the suppression of piracy : and the Sultan especially engages to, December 9, 1856.] MOROCCO. 569 use his utmost efforts to discover and punish all persons on his coasts or within his dominions who may be guilty of that crime, and to aid Her Britannic Majesty in so doing. ARTICLE XXXV. Infractions of Treaty by Subjects of either Country. If any of the subjects or of the ships of either of the two Parties should do anything contrary to any of the conditions of this Treaty, whether intentionally or unintentionally, the peace and friendship thereby stipulated for shall not be disturbed, but shall remain preserved, fixed, and always durable upon the basis of sincerity, till communication shall be forwarded to the Sovereign of the aggressor, without his being in the mean time molested ; and if any of the subjects of either Party should wish or attempt to violate this Treaty, or any of its conditions, his Sovereign shall be bound to chastise and punish him severely for his conduct. ARTICLE XXXVI. Rupture of Friendly Relations. Position of Persons and Property. If this Treaty of Peace and Friendship between the two Contracting Parties should be infringed, and if, in consequence of such infringement (which God forbid I) war should be declared, all the country and subjects of the Queen of Great Britain, and those under her protection, of whatever degree or class, who may happen to be found in the dominions of the Sultan of Morocco, shall be permitted to depart to any part of the world they choose, and to carry with them their goods and property, their families and their servants or establishments, whether they be British born or not ; and they shall be allowed to embark on board of any ship of another nation which they may select. Moreover, a peiiod of six months shall be granted them, if the^y ask for it, for the arrangement of their affairs, the sale of their goods, or for doing what they please with their property ; and during such period of six months they shall have full liberty and perfect security for their persons and property, without any interference, injury or hindrance in any way, by reason of such war; and the Governors or authorities shall assist and help them in the arrangement of their affairs, and attend them in the recovery of the debts due to them, without delay, dispute, or postpone- ment. In like manner, all this shall be granted to the subjects of the Sultan of Morocco in all the dominions of the Queen of Great Britain. 570 MOROCCO. [December 9, 1856. ARTICLE XXXVII. Publication of this Treaty. This Treaty shall be declared and made public to the subjects of both Parties, lest any one of them should remain ignorant of its conditions, and copies shall be prepared and sent to the Governors and men of authority who are intrusted with the revenue and the expenditure ; and also to all the seaports and the captains of cruisers belonging to the Sultan of Morocco. ARTICLE XXXVIII. Ratifications. The present Treaty shall be ratified by Her Majesty the Queen of Great Britain, and by His Majesty the Sultan of Morocco, and the ratifications shall be exchanged at Tangier, as soon as possible within four months from the date hereof. Abrogation of all previous Treaties. When the ratifications of the present Treaty, and of the Convention of Commerce and Navigation, which has also been concluded this day between the High Contracting Parties, shall have been exchanged, the stipulations of the said Treaty and Convention shall come into immediate operation, and shall be substituted for the stipulations of all preceding Treaties between Great Britain and Morocco. In witness whereof the respective Plenipotentiaries have signed the present Treaty, and have affixed thereto their respective seals. Done at Tangier, the ninth day of December, in the year one thousand eight hundred and fifty-six, corresponding to Moorish date of the tenth day of the month of Rabbea the second, in the year one thousand two hundred and seventy-three. (L.S.) J. H. DRUMMOiND HAY. (Arabic signature of) (L.S.) SEED MOHAMED KHATEEB. December 9, 1856.] MOROCCO. 571 No. 114. CONVENTION OF COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND MOROCCO. Signed at Tangier, December 9, 1856.* HER Majesty the Queen ot the United Kingdom of Great Britain and Ireland, and His Majesty the Sultan of Morocco and Fez, being desirous to extend and improve the relations of commerce and navigation which exist between their respective dominions and subjects, have resolved to conclude a special Convention for that purpose, and have named as their Pleni- potentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, John Hay Drummond Hay, Esquire, Her Charge d'Affaires and Consul-General at the Court of His Majesty the Sultan of Morocco and Fez ; And His Majesty the Sultan of Morocco and Fez, Seed Mohamed Khateeb, His Commissioner for Foreign Affairs : Who, after having communicated with each other their respective full powers, have agreed upon and concluded the following Articles : ARTICLE I. Freedom of Commerce, Residence, and Trade. Hiring, &c. y of Houses and Warehouses. Protection of Persons and Property. General Most-favoured-nation Treatment. There shall be reciprocal freedom of commerce between the British dominions and the dominions of the Sultan of Morocco. The subjects of Her Britannic Majesty may reside in and trade to any port of the territories of the Sultan of Morocco to which any other foreigners are or shall be admitted. They shall be permitted to hire houses, and to build houses, stores, or warehouses, as stipulated in Article IV of the General Treaty of this date. They shall enjoy full protection for their persons and properties, as specified in Article IV of the General Treaty; they shall be allowed to buy from, and to sell to, whom they like, all articles not prohibited in Article II of this Convention, either by wholesale or retail, at all places in the Moorish dominions, without being restrained or prejudiced by any monopoly, contract, or exclusive privilege of purchase or sale * Signed also in Arabic, 572 MOROCCO. [December 9, 1856. whatever, except the articles of export and those of import enumerated in Article II : and they shall, moreover, enjoy all other rights and privileges which hereafter may be granted to any other foreigners, subjects or citizens of the most favoured nation. The subjects of the Sultan of Morocco shall, in return, enjoy in the dominions of Her Britannic Majesty the same protection and privileges which are or may be enjoyed by the subjects or citizens of the most favoured nation. ARTICLE II. Monopolies and Prohibitions. The Sultan of Morocco engages to abolish all monopolies or prohibitions on imported goods, except tobacco, pipes of all kinds used for smoking, opium, sulphur, powder, saltpetre, lead, arms of all kinds, and ammunition of war ; and further to abolish all monopolies of agricultural produce, or of any other article whatsoever in the dominions of the Sultan, except leeches, bark, tobacco, and other herbs used for smoking in pipes. ARTICLE III. No Duty, Charge, cfce., to be imposed on Goods purchased for Exportation ~by British Subjects. No tax, toll, duty, or charge whatsoever, beside the export duty hereinafter mentioned, shall, under any pretext or on any account, be imposed by any person whatsoever, in any part of the dominions of Morocco, upon or in respect of any goods or produce whatsoever which may have been purchased for exportation by or on behalf of any British subject; but the said goods or produce, when so purchased, shall be conveyed from any place in Morocco to, and embarked from, any port therein, absolutely free and exempt from all other taxes, tolls, duties, or charges whatsoever. No permit, or any similar document, shall be requisite to enable them to be so conveyed or embarked, nor shall any officer or subject of the Sultan offer any impediment to, or lay any restriction on, the conveyance or embarkation of such goods (except those goods or produce which the Sultan of Morocco shall prohibit from being exported, as arranged in Article V), or on any pretext demand or receive any money in respect or on account of such goods ; and should any such officer or subject act contrary to this stipulation, the Sultan shall immediately punish with severity the Governor, officer, or other subject who ohall have been guilty of such misconduct, and render full justice to British subjects for all December 9, 1866.] MOKOCOO . 573 injuries or losses which they may duly prove themselves to have suffered thereby. ARTICLE IV. Freedom in Transaction of Business. Employment of Agents. The subjects of Her Britannic Majesty within the dominions of His Majesty the Sultan shall be free to manage their own affairs themselves, or to commit those affairs to the manage- ment of any persons whom they may appoint as their broker, factor, or agent ; nor shall such British subjects be restrained in their choice of persons to act in such capacities; nor shall they be called upon to pay any salary or remuneration to any person whom they shall not choose to employ; but those persons who shall be thus employed, and who are subjects of the Sultan of Morocco, shall be treated and regarded as other subjects of the Moorish dominions. Absolute freedom shall be given in all cases to the buyer and seller to bargain together, and 110 interference on the part of the Sultan's officers shall be permitted. Should any Governor or other officer interfere in the bargains between British and Moorish subjects, or place any impediments in the lawful purchase or sale of goods or merchandize imported into, or to be exported from, the Sultan's dominions, His Sherifian Majesty shall severely punish the said officer for such misconduct. ARTICLE V. Prohibitions as to Exports or Imports. Most-fawured-nation Treatment. Should the Sultan of Morocco at any time think proper to prohibit the exportation of any kind of grain or other article of commerce from his dominions, British subjects shall in no manner be prevented from embarking all the grain or other articles which they may have in their magazines, or which may have been bought previously to the said prohibition ; but they shall be allowed to continue to export all they may have in their possession, during the term of six months from the time the prohibition was publicly made known ; but on the dav when the order of the Sultan of Morocco regarding the prohibition shall arrive, and shall be published to the merchants, British subjects shall, within the term of two days, declare and give proofs of the amount of produce they shall possess in their stores, 011 which the prohibition is imposed, and they shall also present legal certificates regarding the amount of the said produce which they shall have bought in the interior or elsewhere, previously to the promulgation of the order for the 574 MOROCCO. [December 9, 1856. prohibition. No prohibition, either as to the exportation or importation of any article, shall apply to British subjects, unless such prohibition shall apply to subjects of every other nation. ARTICLE VI. Imports. National and Most-favoured-nation Treatment. Merchandize or goods, except the articles enumerated in Article II, imported by British subjects in any vessel, or from any country, shall not be prohibited in the territories of the Sultan of Morocco, nor be subject to higher duties than are levied on the same kind of merchandize or goods imported by the subjects of any other foreign Power, or by native subjects, after the date of this Convention. Exports. National and Most-favoured-nation Treatment. All articles, except those enumerated in Article II, the produce of Morocco, may be exported therefrom by British subjects in any vessels, on as favourable terms as by the subjects of any other foreign country, or by native subjects. ARTICLE VII. Import and Export Duties. In consideration of the favourable terms upon which the produce of Morocco is admitted into the territories of Her Britannic Majesty, and with a view to the extension of com- mercial intercourse between Great Britain and Morocco, for their mutual advantage, His Majesty the Sultan of Morocco hereby agrees that the duties to be levied on all articles imported into the territories of His Majesty by British subjects, shall not exceed ten per cent, in cash 011 their value, at the port of their disembarkation ; and that the duties to be levied on all articles exported from the territories of His Majesty by British subjects, shall not exceed in amount the duties marked in the following Tariff: December 9, 1856. J MOROCCO. 575 TARIFF OF EXPORTS. Articles of Exportation. Dollars. Ounces. Wheat Per strike fanega 1 Maize and durra full fanega ... f J) Barley strike fanega i All other grain cantar i Flour ... > > 30 Birdseed j> 12 Dates ... 40 Almonds > 35 Oranges, lemons, and limes 1,000 12 Wild marjoram ... cantar 10 Cummin seed ... 20 Oil > 50 Gums .. > >j 20 Henna .. ... ... 15 Wax .. 120 Eice .. V 5 16 Wool, washed ... 80 ,, in grease 55 Hides, sheep and goat skins >J 36 Tanned skins called Felaly, Zawany, and Cochinea > 100 Horns... 1,000 20 Tallow ,, cantar 50 Mules ,, head 25 Donkeys ,, ,, 5 Sheep ... ,, 1 Goats ... 15 Fowls ... ,, dozen 22 Eggs ... ,, 1,000 51 Slippers ,, 100 70 Porcu pine quills 1,000 5 Grasool ,, cantar 15 Ostrich feathers Ib 36 Baskets 100 30 Carraway seed ... ,, cantar 20 Combs of wood ... 100 5 Hair ,, cantar 30 Kaisins 20 Woollen sashes called Karazy 100 100 Tackawt (a dye) , , cantar 20 Tanned fleeces ... 36 Hemp and flax ... ,, ,, 40 . I The Sultan of Morocco has the light ol prohibiting any article of exportation ; but when a prohibition on any article shall be imposed, it shall be in conformity with what is arranged in Article V; but upon the exportation of articles the prohibition of which shall be taken off, the duties noted in the Tariff shall alone be paid. With regard to wheat and barley, should the Sultan think proper to prohibit the exportation of these articles, but should desire to sell to merchants the grain which belongs to Government, it shall be sold at the price the Sultan thinks 576 MofeOCCJO. [December 9, 1856. proper to impose. Should the Sultan augment or diminish the price of the grain, there shall be granted to the purchaser for exporting that which he shall have bought, the term stated in Article V ; but should the grain [be free for exportation, the duties imposed thereon shall be' in conformity with what is stated in the Tariff. Reduction of Export Duties. National and Most-fawured-nation Treatment. Should the Sultan of Morocco think proper to reduce the duties on articles of exportation, His Majesty shall have the right of doing so, on condition that British subjects shall pay the lowest duty that shall be paid by any other foreign or native subjects. ARTICLE VIII. Goods conveyed by Sea from one Moorish Port to another. Should a British subject, or his agent, desire to convey by sea, from one port to another in the dominions of the Sultan of Morocco, goods upon which the ten per cent, duty has been paid, such goods shall be subject to no further duty, either on their embarkation or disembarkation, provided they be accom- panied by a certificate from a Moorish Administrator of Customs. ARTICLE IX. Goods purchased by British Subjects for exportation. If any article of Moroquine produce, growth, or manufacture, except the articles enumerated in Article II, be purchased for exportation, the same shall be conveyed by the British merchant, or by his agent, free of any kind of charge or duty whatsoever to a convenient place of shipment. Subsequently, on exporta tion, the export duty according to the Tariff in Article VII shall alone be paid on it. ARTICLE X, Anchorage, Tonnage, Pilotage, Harbour, &c.< Dues. Notional Treatment. No anchorage, tonnage, import, or other duty or charge, shall be levied in the dominions of the Sultan of Morocco on British vessels, or on goods imported or exported in British December 9, 1856.] MOBOCCO. 577 vessels, beyond what is, or may be, levied on national vessels, or on the like goods imported or exported in national vessels ; they shall not, however, exceed in amount the rates of the following scale, viz. : Six moozoonats per ton shall be levied upon every British vessel (except steam-vessels) that does not exceed two hundred tons in measurement. Upon every vessel (not a steam-vessel) measuring more than two hundred tons, the following charge shall be made, viz., six moozoonats per ton shall be paid for two hundred of her tons, and two moozoonats per ton for the remainder. Should the Administrator of Customs have any doubt regarding the tonnage of a British vessel, as declared by the master, the British Consul or Vice-Consul shall, on appeal being made to him, cause the ship's papers, whereon the tonnage is formally stated, to be exhibited. The same charges shall be made in all the ports of Morocco except Rabat and Laraiche, at which ports four moozoonats per ton shall be paid for pilotage into the river, should the vessel enter the river, and four moozoonats per ton for pilotage out of the river; three moozoonats per ton shall also be levied upon each vessel entering the river, on account of anchorage. Should a vessel, however, not enter the river, the same charges shall be levied upon her as those which are paid at the other ports. At Mogadore, four moozoonats per ton shall be paid on British vessels for pilotage on their entering the port only, and six moozoonats per ton for anchorage. Should the master of a British vessel require, at any other port, a pilot, he shall pay for him at the rate of two moozoonats per tori ; but this charge shall not be exacted except when the master of a vessel requires a pilot. The sum of sixteen dollars shall be levied, on account of anchorage, on a steam-vessel entering a port in the Moorish dominions for the purpose of discharging or embarking cargo. If, afterwards, the said steam-vessel proceed from that port to any other port or ports in the Moorish dominions, and on her arrival at the latter embark or discharge cargo, the afore- said charge of sixteen dollars for anchorage shall again be levied ; but if the said steam-vessel, on her return voyage, should enter a Moorish port at which the said anchorage dues shall have already been paid, no further charge on account of anchorage shall be levied upon her unless the said steam-vessel depart on a second voyage to a Moorish port, or unless during her return voyage she shall have touched at any port other than a port of the Moorish dominions, in which case the aforesaid charge of sixteen dollars shall again be levied. The charge, however, for anchorage on a steamer of one hundred and fifty tons burthen, or less, shall not exceed what is due from a sailing-vessel of the same size. The masters of all vessels shall pay, in addition to the [536] 2 P 578 MOROCCO. [December 9, 1 8KB. aforesaid charges, the following sums to officers of the ports, but no other payments shall be demanded of them ; viz. : A vessel measuring twenty-five tons or less, twenty ounces ; a vessel exceeding twenty-five and not over fifty tons, forty ounces ; a vessel exceeding fifty and not over a hundred tons, sixty ounces; a vessel exceeding a hundred and not over two hundred tons, eighty ounces; a vessel exceeding two hundred tons, one hundred ounces. In addition to these charges, the master of every British vessel visiting the port of Tetuan shall pay ten ounces for the messenger who shall convey the ship's papers from the port of Marteen to Tetuan; five ounces to the trumpeter who shall announce the arrival of the vessel ; and three ounces to the public crier ; but no other payments shall be demanded at the port of Tetuan. No charge for anchorage shall be levied on account of British vessels which may enter the ports ot Morocco for the purpose of seeking shelter from the weather, and which do not embark or discharge cargo, nor shall any charge for anchorage be levied upon fishing-vessels. And, in like manner, no anchorage, tonnage, import, or other duty or charge, shall be levied in the British dominions on Moorish vessels, or on goods imported or exported in Moorish vessels, beyond what is or may be levied on national vessels, or on the like goods imported or exported in national vessels. ARTICLE XL Loading and Unloading of Vessels in Moorish Ports. Use of Lighters. Should British subjects desire to embark in or discharge goods from vessels arriving in the ports of Morocco, they shall employ the Moorish Government boats for that purpose ; but if within two days after the arrival of a vessel the Moorish Government boats are not placed at their disposal for the afore- said purpose, the British subjects shall have the right ot employing private boats, and shall not pay, in such case, to the port authorities more than one half of what would have been paid, had they employed the Government boats. This regula- tion shall not be applicable to the ports of Tangier and Tetuan, inasmuch as there is a sufficient number of Government lighters at those two ports. Lighterage Charges. The charges now paid for lighterage at the different ports of Morocco shall not be augmented, and the Administrator of Customs at each port of Morocco shall deliver to the British Vice-Consul a tariff of the charges now demanded for lighterage. December 9, 1856.] MOROCCO . 579 ARTICLE XII. Opening of New Ports. Anchorage and other Duties. The Articles of this Convention shall be applicable to all the ports in the Empire of Morocco ; and should His Majesty the Sultan of Morocco open the ports of Mehedea, Agadeer, or Wadnoon, or any other ports within the limits of His Majesty's dominions, no difference shall be made in the levying of duties, or anchorage, between the said ports and other ports in the Sultan's dominions. AETICLE XIII. Smuggling. If a British subject be detected in smuggling into Moroquine territories goods of any description, the goods shall be confis- cated to the Sultan; and such British subject shall, on conviction before the British Consul- General, Consul, Vice- Consul, or Consular Agent, be liable to be fined in an amount not exceeding treble the amount of duties leviable on such goods, or in case of goods not admitted to importation, treble the value of the goods at the current price of the day ; and failing payment of such fines, such British subject shall, on conviction before the British Consul-General, Consul, Vice Consul, or Consular Agent, be liable to be imprisoned; or, without being fined, any British subject on conviction as aforesaid may be imprisoned, but in either case for a time not exceeding one year, in such place as the Consul-General, Consul, Vice-Consul, or Consular Agent may determine. ARTICLE XIV. Revision of Treaty. In order that the two High Contracting Parties may have the opportunity of hereafter treating and agreeing upon such other arrangements as may tend still further to the improve- ment of their mutual intercourse, and to the advancement of the interests of their respective subjects, it is agreed that at any time after the expiration of five years from the date of the exchange of the ratifications of the present Convention of Commerce and Navigation, either of the High Contracting Parties shall have the right to call upon the other to enter upon a revision of the same ; but until such revision shall have been accomplished by common consent, and a new Convention shall have been concluded and ratified, the present Convention shall continue and remain in full force and effect. [536] 2 P 2 580 MOROCCO. [Dec. 9, 1856. June 7, 1895. ARTICLE XV. Ratifications. The present Convention shall be ratified by Her Majesty the Queen of Great Britain and by His Majesty the Sultan of Morocco, and the ratifications shall be exchanged at Tangier, at the same time as the ratifications of the General Treaty signed this day between the High Contracting Parties. Abrogation of all previous Treaties. When the ratifications of the present Convention and of the said General Treaty shall have been exchanged, the stipula- tions of the said Convention and Treaty shall come into operation within four months, and shall be substituted for the stipulations of all preceding Treaties between Great Britain and Morocco. In. witness whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto their respective seals. Done at Tangier, the ninth day of December, in the year one thousand eight hundred and fifty-six, corresponding to the Moorish date of the tenth day of the month of Rabbea the second, in the year one thousand two hundred and seventy- three. (L.S.) J. H. DRUMMOND HAY. (Arabic signature of) (L.S.) SEED MOHAMED KHATEEB. No. 115. PROTECTION OF TRADE-MARKS IN MOROCCO. NOTIFICATION PUBLISHED IN THE "LONDON GAZETTE" OF JUNE 7, 1895. Trade-marks and Patents in Morocco. THE Secretary of State for Foreign Affairs has received the following despatch from Her Majesty's Minister in Morocco : " My Lord, " Tangier, May 21, 1895. '" In accordance with the instructions conveyed to me in your Lordship's despatch of the 13th instant, I have the honour to June 7, 1895.] MOBOCCO . 581 furnish for publication a Memorandum on the present state of the protection of trade-marks in Morocco. " I have, &c. (Signed) "ERNEST SATOW. The Earl of Kimberley, K.G., &c., &c., &c., " Foreign Office." Foreign Office, June 7, 1895. MEMORANDUM. Protection of Patents and Trade-marks in Morocco. THERE exists no Moorish law for the protection of patents and trade-marks, which are unknown in this country. The only redress afforded against a Moorish subject counterfeiting a foreign trade-mark, or procuring it to be counterfeited, is given by an engagement entered into in 1892 between the Moorish Government and the then French Minister, which runs as follows : " The Moorish Government engages to protect trade-marks affixed to French goods to the extent that if a Moorish merchant should counterfeit the said marks, or cause them to be counterfeited, goods found to bear such false marks shall be confiscated for the benefit of the Moorish Government, and the author of the falsification shall be severely punished." Under the most-favoured-nation clause of the Convention of Commerce between Great Britain and Morocco of the 9th December, 1856, British subjects become entitled to a similar measure of protection as against Moorish subjects. The Moorish Government has been officially informed of the intention of Great Biitain to claim on behalf of British subjects the benefit of the Franco-Moorish Agreement. In the absence of any International Agreement among the Powers having Treaties with Morocco, goods bearing false English trade-marks can only be seized under this Agreement, if they are the property of a Moorish subject and imported by him. An Agreement has been made between the British and French* Legations by which protection is reciprocally accorded to the trade-marks of the two countries. In order that British manufacturers should obtain the advantage of this arrangement, they should cause their trade-marks to be registered in France. At present no protection for British trade-marks can be obtained as against the subjects or citizens of any other Power trading in Morocco. * Similar Agreements have since been made with Austria-Hungary, Belgium, Germany, Italy, the Netherlands, Portugal, Spain, and the United States. 582 MOROCCO. [June 7, 1895. As against British subjects and proteges in Morocco, pro- tection is given by Article 112 of the Morocco Order in Council, 1889, which provides that any act, which, if done in the United Kingdom or in a British possession, would be an offence against " The Merchandize Marks Act, 1887," " The Patents, Designs and Trade-marks Acts, 1883 to 1888," any Act, Statute or Order in Council in force for the time being relating to copy- right, inventions, designs or trade-marks ; or any Statute amending or substituted for any of the above-mentioned Statutes^ shall, if done by a British subject in Morocco, be punishable as a grave offence against the Order. Any person found guilty under this section is liable (i) to a fine not exceeding 10/., without imprisonment ; or (ii) to imprisonment not exceeding two months, without fine, or (iii) to imprison- ment not exceeding one month, with a fine not exceeding 5/. It is to be presumed that the owner of a trade-mark which has been falsified by a British subject or protege in Morocco would be able also to recover damages. As there exists no machinery for registration of British trade-marks at any of the British Consulates or Vice-Consulates in Morocco, before commencing proceedings in Her Majesty's Court for Morocco, it would be necessary to furnish legal evidence of the ownership of the mark, and similarly in any case where the intervention of a British Consular officer with the French or Moorish authorities was sought for. HM. Legation, Tangier, May 21, 1895. March 19, 1891.] MUSKAT. 583 MUSKAT. No. 116. TREA.TY OP FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN GREAT BRITAIN AND MUSKAT. Signed at Muskat, March 19, 1891. [Ratifications exchanged at Muskat, February 20, 1892.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Highness the Seyyid Feysal-bin-Turki-bin-Saeed, Sultan of Muskat and Oman, being desirous to confirm and strengthen the friendly relations which now subsist between the two countries, and to promote and extend their commercial relations, have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Colonel Edward Charles Ross, Companion of the Star of India, Her Britannic Majesty's Political Resident in the Persian Gulf ; And His Highness the Sultan of Muskat in person ; Who have agreed upon and concluded the following Articles : ARTICLE I. Abrogation of Treaty of May 31, 1839. The Treaty concluded between the British Government and Sultan Seyyid Saeed-bin-Sultaii of Muskat and Oman on the 31st May, 1839 (17 Rabia 1st, 1255), is hereby cancelled and declared void, and the present Treaty, when ratified, shall be substituted for it. 584 MUSKAT. [March 19, 1891. ARTICLE II. British Subjects (including Subjects of Native States in India). General Most-favoured-nation Treatment. Subjects of Her Britannic Majesty shall, for the purposes of this Treaty, include subjects of Native States in India in alliance with Her Majesty. Such subjects shall enjoy, imme- diately and unconditionally, throughout the dominions of His Highness the Sultan of Muskat, with respect to commerce, shipping, and the exercise of trade, as in every other respect, all the rights, privileges, immunities, advantages, and protection of whatsoever nature, which are, or hereafter may be, enjoyed by, or accorded to, the subjects or citizens of the most favoured nation. They shall, more especially, not be liable to other or more onerous duties, imposts, restrictions, or obligations of whatever description, than those to which subjects or citizens of the most favoured nation now are, or hereafter may be, subjected. ARTICLE III. Appointment and Privileges of Consular Officers. Most-favoured- nation Treatment. The two High Contracting Parties acknowledge reciprocally to each other the right of appointing Consuls to reside in each other's dominions wherever the interests of commerce may require the presence of such officers; and such Consuls shall at all times be placed, in the country in which they reside, on the footing of the Consuls of the most favoured nations. Each of the High Contracting Parties further agree to permit his own subjects to be appointed to Consular offices by the other Con- tracting Party, provided always that the persons so appointed shall not begin to act without the previous approbation of the Sovereign whose subjects they may be. The public functionaries of either Government residing in the dominions f the other, shall enjoy the same privileges, immunities, and exemptions which are enjoyed within the same dominions by similar public functionaries of other countries. ARTICLE IV. Freedom of Commerce and Navigation, Travel, Residence, Trade. Hiring of Houses, &c. Transaction of Business. Employment of Agents. There shall be perfect freedotn of commerce and navigation between the High Contracting Parties ; each shall allow the March 19, 1891.] MUSKAT. 585 subjects of the other to enter all ports, creeks, and rivers with their vessels and cargoes, also to travel, reside, pursue commerce and trade, whether wholesale or retail, in each other's dominions, and therein to hire, purchase, and possess houses, warehouses, shops, stores, and lands. British subjects shall everywhere be freely permitted, whether personally or by agent, to bargain for, buy, barter, and sell all kinds of goods, articles of import, or native production, whether intended for sale within the dominions of His Highness or for export, and to arrange with the owner or his agent regarding the price of all such goods and produce without interference of any sort on the part of the authorities of His Highness. Monopolies, &c. His Highness the Sultan of Muskat binds himself not to allow or recognize the establishment of any kind of monopoly or exclusive privilege of trade within his dominions to any Government, Association, or individual. ARTICLE V. Acquisition and Disposal of Property. Subjects of Her Britannic Majesty shall be permitted, throughout the dominions of His Highness the Sultan, to acquire by gift, purchase, intestate succession, or under will, or any other legal manner, land, houses, and property of every description, whether movable or immovable, to possess the same ; and freely to dispose thereof by sale, barter, donation, or otherwise. ARTICLE VI. Import Duties in Muskat. Most-favoured-nation Treatment. His Highness the Sultan shall be permitted to levy a duty of entry not exceeding 5 per cent, on the value of all goods and merchandize, of whatever description, imported by sea from foreign countries into His Highness' dominions. This duty shall be paid at that port in His Highness' dominions where the goods are first landed, and, on payment thereof, such goods shall thereafter be exempt, within the Sultan's dominions, from all other customs duties or taxes, levied by, or on behalf of, the Government of His Highness the Sultan, by whatever names these may be designated, and no higher import duty shall be claimed from British subjects than that which is paid by subjects or citizens of the most favoured nation. 586 MUSK AT. [March 19, 1891. This duty, once paid, shall cover, from all other charges on the part of His Highness the Sultan, goods of whatever descrip- tion coming from foreign countries by sea. whether these are intended for local consumption or for transmission elsewhere in bulk or otherwise, and whether they remain in the state in which they are imported or have been manufactured. Goods exempted from Duty. There shall, however, be exempted from payment of all duty the following, namely : 1. All goods and merchandize which, being destined for a foreign port, are transhipped from one vessel to another in any of the ports of His Highness the Sultan of Muskat, or which have been for this purpose provisionally landed and deposited in any of the Sultan's custom-houses to await the arrival of a vessel in which to be reshipped aboard. But goods and merchandize so landed shall be exempted only, provided that the consignee or his agent shall have, on the arrival of the ship, handed over the said goods to be kept under Customs seal, and declared them as landed for transhipment, designating at the same time the foreign port of destination, and also provided that the said goods are actually shipped for the said foreign port as originally declared, within a period not exceeding six months after their first landing, and without having, in the interval, changed owners. 2. All goods and merchandize which, not being consigned to a port within the dominions of the Sultan, have been inadvertently landed, provided that such goods are reshipped within a month of being so landed and transported abroad. Should, however, such goods or merchandize, here spoken of, be opened or removed from the custody of the Customs authorities, the full duty shall then be payable on the same. 3. Coals, naval provisions, stores, and fittings, the property of Her Majesty's Government, landed in the dominions of His Highness for the use of the ships of Her Majesty's navy. 4. All goods and merchandize transhipped or landed for the repair of damage caused by stress of weather or other disaster at sea, provided the cargo so discharged shall be reshipped and taken away on board of the same vessel, or if the latter shall have been condemned, or her departure delayed in any other manner. ARTICLE VII. Imports to and Exports from Muskat : Prohibitions. Export . Duties. No article whatever shall be prohibited from being imported into or exported from the territories of His Highness the Sultan March 19, 1891.] MUSKAT. 587 of Muskat, and 110 export duties are to be levied on goods exported from those territories except with the consent of the Government of Her Britannic Majesty, such consent being subject to the conditions that may be laid down in the notifica- tions intimating the same. ARTICLE VIII. British Ships not to be exempt from Harbour, Tonnage, Lighthouse, &c., Dues. It is agreed and understood by the High Contracting Parties that, in the event of an arrangement being entered into here- after between His Highness and the Powers having Treaty relations with Muskat, and to which Great Britain shall be a consenting Party, whereby vessels entering the port of Muskat shall be charged with shipping, tonnage, or harbour dues, such dues to be administered under the control of a special Board for the improvement of the harbour and construction and main- tenance of lighthouses, &c. ; nothing in the aforementioned provisions shall be construed so as to exempt British vessels from payment of such shipping, harbour, or tonnage dues as may hereafter be agreed upon. ARTICLE IX. Mode oj Payment of Duties in Muskat. It shall be at the option of the British subject in each case to pay the percentage duties stipulated in Article VI, either in cash, or, if the nature of the goods allows of it, in kind, by giving up an equivalent amount of the goods or produce. In the event of payment being made in cash, the value of the merchandize, goods, or produce on which duty is to be levied, shall be fixed according to the ready-money market price ruling at the time when the duty is levied. In the case of foreign imports, the value shall be fixed according to the market price at Muskat, and in that of native goods and produce by the market price at the place where the merchant shall choose to pay the duty. In the event of any dispute arising between a British subject and the Custom-house authorities regarding the value of such goods, this shall be determined by reference to two experts, each party nominating one, and the value so ascer- tained shall be decisive. Should, however, these experts not be able to agree, they shall choose an Umpire, whose decision is to be considered final. . 588 MUSK AT. [March 19, 1891. ARTICLE X. Freedom of Transit through Muskat. His Highness the Sultan of Muskat engages by the present Treaty to provide and give orders to his officials that the move- ment of goods in transit shall not be obstructed or delayed in a vexatious manner by unnecessary Customs formalities and Regulations, and that every facility will be given for their transport. ARTICLE XI. Vessels in Distress. Wrecks. Salvage. British vessels entering a port in the dominions of His Highness the Sultan of Muskat, in distress, shall receive from the local authorities all necessary aid to enable them to revictual and refit so as to proceed on their voyage. Should a British vessel be wrecked off the coast of His Highness' dominions, the authorities of His Highness shall render all assistance in their power to the distressed vessel, in order to save the ship, her cargo, and those on board ; they shall also give aid and protection to persons saved, and shall assist them in reaching the nearest British Consulate ; they shall further take every possible care that the goods so recovered are safely stored, and kept for the purpose of being handed over to the owner, captain, agent of the ship, or British Consul, subject always to rights of salvage. His Highness' authorities shall further see that the British Consulate is at once informed of such disaster having occurred. Should a British vessel, wrecked on the coast of His High- ness' dominions, be plundered, the authorities of His Highness shall, as soon as they come to know thereof, render prompt assistance and take measures to pursue and punish the robbers, and recover the stolen property. Likewise, should a vessel of His Highness the Sultan of Muskat, or of one of his subjects, enter a British port in distress, or be wrecked off the coast of Her Majesty's dominions, the like help and assistance shall be rendered by the British authorities. ARTICLE XII. Seamen Deserters. Should sailors or others belonging to a British ship of war or merchant-vessel desert and take refuge on shore or on board March 19, 1891.] MUSKAT. 589 of any of His Highness' ships, the authorities of His Highness the Sultan of Muskat shall, upon request of a Consular official, or, in his absence, of the captain of the ship, take the necessary steps in order to have them arrested and delivered over to the Consular official or to the captain. In this, however, the Consular officer and captain shall render every assistance. ARTICLE XIII. British Consular Jurisdiction. Subjects of Her Britannic Majesty shall, as regards their person and property, enjoy within the dominions of His High- ness the Sultan of Muskat the rights of exterritoriality. The authorities of His Highness the Sultan have no right to interfere in disputes with subjects of Her Britannic Majesty amongst themselves, or between them and members of other Christian nations ; such questions, whether of a civil or criminal nature, shall be decided by the competent Consular authorities. The trial and also the punishment of all offences and crimes of which British subjects may be accused within the dominions of His Highness the Sultan, also the hearing and settlement of all civil questions, claims, or disputes in which they are the defendants is expressly reserved to the British Consular authorities and Courts, and removed from the jurisdiction of His Highness the Sultan. Should disputes arise between subjects of His Highness the Sultan or other non-Christian Power, not represented by Consuls at Muskat, and a subject of Her Britannic Majesty, in which the British subject is the plaintiff or complainant, the matter shall be brought before and decided by the highest authority of the Sultan, or some person specially delegated by him for this purpose. The proceedings and final decision in such a case shall not, however, be considered legal unless notice has been given and an opportunity afforded for the British Consul or his substitute to attend at the hearing and final decision. ARTICLE XIV. Protection of Subjects of Muskat, &c., in Service of British- Subjects. Subjects of His Highness the Sultan, or any non-Christian nation, not represented by Consuls at Muskat, who are in the regular service of British subjects within the dominions of His Highness the Sultan of Muskat, shall enjoy the same protection as British subjects themselves. 590 MITSKAT. [March 19, 1891 . Should they be charged with having committed a crime or serious offence punishable by law, they shall, on sufficient evidence being shown to justify further proceedings, be handed over by British employers, or by order of the British Consul, to the authorities of His Highness the Sultan for trial and punishment. ARTICLE XV. Bankruptcy of British Subjects in Muskat. Should a subject of Her Majesty residing in the dominions of His Highness the Sultan of Muskat be adjudicated bankrupt, the British Consul shall take possession of, recover, and realize all available property and assets of such bankrupt, to be dealt with and distributed according to the provisions of English Bankruptcy Law. ARTICLE XVI. Recovery of Debts. Should a subject of His Highness the Sultan of Muskat resist or evade payment of the just and rightful claims of a British subject, the authorities of His Highness the Sultan shall afford to the British creditor every aid and facility in recovering the amount due to him. In like manner the British Consul shall afford every aid and facility to subjects of His Highness the Sultan of Muskat, in recovering debts justly due to them from a British subject. ARTICLE XVII. Estates of deceased British Subjects. Should a British subject die within the dominions of His Highness the Sultan of Muskat, or dying elsewhere leave property therein, movable or immovable, the British Consul shall be authorized to collect, realize, and take possession of the estate of the deceased, to be disposed of according to the provisions of English law. ARTICLE XVI11. Inviolability of Dwellings, &c., of British Subjects. The houses, dwellings, warehouses, and other premises of British subjects, or of persons actually in their regular service within the dominions of His Highness the Sultan of Muskat, shall not be entered, or searched under any pretext, by the officials of His Highness without the consent of the occupier, March 19, 1891.] MUSK AT. 591 unless with the cognizance and assistance of the British Consul or his substitute. ARTICLE XIX. British Subjects not exempt from Municipal or Sanitary Taxes. It is hereby agreed between the two High Contracting Parties, that, in the event of an agreement being hereafter arrived at between His Highness the Sultan of Musk at and the various Powers with which His Highness shall be in Treaty relations, including Great Britain, which must be a consenting party, whereby the residents of a district or town shall, without distinction of nationality, be made subject to the payment of local taxes, for municipal and sanitary puposes, the same to be fixed and administered by or under the control of a special Board, nothing contained in this Treaty shall be understood so as to exempt British residents from the payment of such taxes. ARTICLE XX. Liberty of Conscience. Freedom of Religious Worship. Subjects of the two High Contracting Parties shall, within the dominions of each other, enjoy freedom of conscience and religious toleration, the free and public exercise of all forms of religion,. and the right to build edifices for religious worship. ARTICLE XXI. Application of Treaty to British Colonies. The stipulations of the present Treaty shall be applicable to all the Colonies and foreign possessions of Her Britannic Majesty so far as the laws permit, excepting to those hereinafter named that is to say, except to The Dominion of Canada. Newfoundland. The Cape of Good Hope. Natal. New South Wales. Victoria. Queensland. Tasmania. South Australia. Western Australia,. New Zealand. 592 MUSKAT. [March 19, 1891. Provided always that the stipulations of the present Treaty shall be made applicable to any of the above-named Colonies or foreign possessions, on whose behalf notice to that effect shall have been given by Her Britannic Majesty's Representative in Muskat to His Highness the Sultan within two years from the date of exchange of the ratifications of the present Treaty, ARTICLE XXII. English Text of Treaty to be decisive in case of Disputes. The present Treaty has been executed in quadruplicate, two copies being written in English and two in Arabic. These are understood to be of similar import and signification ; in the event, however, of doubt hereafter arising as to the proper interpretation of the English or Arabic text of one or other of the Treaty stipulations, the English text shall be considered decisive. The Treaty shall come into operation within one month after the date when the ratifications may take place. ARTICLE XXIII. Revision of Treaty. After the lapse of twelve years from the date on which this Treaty shall come into force, and on twelve months' notice given by either Party, this Treaty shall be subject to revision by Plenipotentiaries appointed on both sides for this purpose, who shall be empowered to decide on and adopt such amendments as experience shall prove to be desirable. In witness whereof Colonel Edward Charles Ross, C.S.I., on behalf of Her Majesty the Queen of Great Britain and Ireland, and Empress of India, and His Highness Seyyed Feysal-bin- Turki, Sultan of Muskat, on his own behalf, have signed the same, and affixed thereto their respective seals. Done at Muskat, this 19th day of March, 1891, corresponding to the 8th Shaaban of the year 1308 Hijreea. (Signed) EDWARD CHARLES ROSS, Colonel, Political Resident in the Persian Gulf. (Signature in Arabic of His Highness the Sultan of Muskat.) Mar. 10, 1891. Feb. 20, 1892.] MUSK AT, 593 LIST OF BRITISH COLONIES WHICH ACCEDED TO THE TREATY UNDER x\RTTCLE XXI : 1. Natal . . . . October 23, 1892 2. Queensland . } T\ i i K -ionn 3. Newfoundland , , I December 15, 1892 4. Canada .. .. April 11,1893 THE FOLLOWING COLONIES HAVE NOT ACCEDED TO THE TREATY : 1. Cape of Good Hope. 2. Victoria. 3. Tasmania. 4. Western Australia. 5. New Zealand. 6. New South Wales. 7. South Australia. No. 117. PROTOCOL BETWEEN GREAT BRITAIN AND MUSKAT AS TO DURATION OF TREATY OF MARCH 19, 1891, Signed at Muskat, February 20, 1892. Eight of either Party to terminate Treaty after Twelve Years ~by giving Twelve Months Notice. THE Undersigned in proceeding to the exchange of ratifica- tions of the Treaty signed at Muskat on the 19th March, 1891, between Her Majesty the Queen of Great Britain and Ireland, Empress of India, and His Highness Seyyed Feysal-bin-Turki, Sultan of Muskat, have agreed to the present Protocol, which shall have the same force and validity as if it had been inserted in the body of the Treaty itself. It is agreed that imder Article XXIII of the said Treaty either of the High Contracting Parties shall be at liberty, after the expiration of twelve years from the date on which the Treaty has come into force, to terminate the said Treaty at any time on giving twelve months' notice. . [536] 2 Q M ' MUSKAT. [February 20, 1892, - 111 witness whereof the Undersigned, duly authorized for the purpose, have signed the present Protocol, in quadruplicate, and have affixed thereto their seals. Done at Muskat, on the 20th day of February, 1892. ({Signed) A. C. TALBOT, Lieutenant- Colonel, Political Resident, Persian Gulf. (L.S.) (Signature in Arabic of His Highness the Sultan of Muskat.) (L.S.) March 17, 1824.] NETHERLANDS. 5,95 NETHERLANDS, No 118. TREATY BETWEEN GREAT BRITAIN AND THE NETHER LANDS RESPECTING TERRITORY AND COMMERCE IN Signed at London, March 17, 1824.* In the Name of the Most Holy and Undivided Trinity. His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Nether lands, desiring to place upon a footing, mutually beneficial, Their respective Possessions and the Commerce of Their Subjects in the East Indies, so that the welfare and prosperity of both Nations may be promoted, in all time to come, without those differences and jealousies which have, in former times, interrupted the harmony which ought always to subsist between Them ; and being anxious that all. occasions of mis- understanding between Their respective Agents may be, as much as possible, prevented ; and in order to determine certain questions which have occurred in the execution of the Con- vention made at London on the 13th of August, 1814, in so far as it respects the Possessions of His Netherland Majesty in the East, have nominated Their Plenipotentiaries, that is to say : His Majesty the King of the United Kingdom of Great Britain and Ireland, The Right Honourable George Canning, a Member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, and His said Majesty's Principal Secretary of State for Foreign Affairs ; And the Right Honourable Charles Watkin Williams Wynn, a Member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, Lieutenant-Colonel Commandant of the Montgomeryshire Regiment of Yeomanry Cavalry, and President * Signed also in Dutch. [536] 2 Q 2 596 NETHERLANDS. [March 11, 1824. of His said Majesty's Board of Commissioners for the Affairs of India: And His Majesty the King of the Netherlands, Baron Henry Faeel, Member of the Equestrian Corps of the Province of Holland, Counsellor of State, Knight Grand Cross of the Royal Order of the Belgic Lion, and of the Royal Guelphic Order, and Ambassador Extraordinary and Plenipotentiary of His said Majesty to His Majesty the King of Great Britain; And Anton Reinhard Falck, Commander of the Royal Order of the Belgie Lion, and His said Majesty's Minister of the Department of Public Instruction, National Industry, and Colonies : Who, after having mutually communicated their full powers, found in good and due form, have agreed on the following Articles: ARTICLE I. .* Trade with Eastern Archipelago. India, and Ceylon. Most- favoured-nation Treatment. The High Contracting Parties engage to admit the Subjects of each other to Trade with Their respective Possessions in the Eastern Archipelago, and on the Continent of India, and in Ceylon, upon the footing of the most favoured Nation ; Their respective Subjects conforming themselves to the local Regula- tions of each Settlement. ARTICLE II. Import and Export Duties. The Subjects and Vessels of one Nation shall not pay, upon importation or exportation, at the Ports of the other in the Eastern Seas, any duty at a rate beyond the double of that at which the Subjects and Vessels of the Nation to which the Port belongs, are charged. The duties paid on exports or imports at a British Port, on the Continent of India, or in Ceylon, on Dutch bottoms, shall be arranged so as, in no case, to be charged at more than double the amount of duties paid by British Subjects, and on British bottoms. In regard to any article upon which no duty is imposed, when imported or exported by the Subjects, or 011 the Vessels, of the Nation to which the Port belongs, the duty charged upon the Subjects or Vessels of the other shall in no case exceed six per cent. Ma;vl. 17, is-i. TsKTHKHLAN US. .)!)7 ARTICLE IIL Ao Treaty to be made by either Power in Eastern Seas excluding Trade of the other. The High Contracting Parties engage, that no Treaty here- after made by Either with any Native Power in the Eastern Seas shall contain any Article tending, either expressly, or by the imposition of unequal duties, to exclude the Trade of the other Party from the Profits of such Native Power : and that if, in any Treaty now existing on either Part, any Article to that effect has been admitted, such Article shall be abrogated upon the conclusion of the present Treaty. All Treaties made by cither Power with Natives in the Eastern Seas to be communicated to the other. It is understood that, before the conclusion of the present Treaty, communication has been made by each of the Con- tracting Parties to the other, of all Treaties or Engagements subsisting between Each of Them, respectively, and any Native Power in the Eastern Seas ; and that the like communication shall be made of all such Treaties concluded by Them, respectively, hereafter. ARTICLE IV. Freedom of Irade and Communication between Natives in Eastern Seas and Ports of either Power. Their Biitannick and Netherland Majesties engage to give strict Orders, as well to Their Civil and Military Authorities, as to Their Ships of War, to respect the freedom of Trade, established by Articles I, II, and III ; and in no case to impede a free communication of the Natives in the Eastern Archipelago, Avith the Ports of the Two Governments, respectively, or of the subjects of the Two Governments with the Ports belonging to Native Powers. ARTICLE V. Suppression of Piracy. Their Britannick and Netherland Majesties, in like manner, engage to concur effectually in repressing Piracy in those Seas : They will not grant either asylum or protection to Vessels engaged in Piracy, and They will in no case permit 598 .NETHERLANDS. [March 17, 1824. the Ships or Merchandize captured by such Vessels to be introduced, deposited, or sold, in any of their Possessions. ARTICLE VI. Officers of either Power not to conclude fresh Treaties with Natives in Eastern Seas without the Consent of their Government. It is agreed that Orders shall be given by the Two Govern- ments to Their Officers and Agents in the East, not to form any new Settlement on any of the Islands in the Eastern Seas, without previous Authority from their respective Governments in Europe. ARTICLE VII. Molucca Islands, Aniboyna, Banda, Ternate, and their Dependencies cxcepted from Operation of Articles I to IV of Treaty until Netherland Government abandon Monopoly of Spices. The Molucca Islands, and especially Amboyna, Banda, Ternate, and their immediate Dependencies, are excepted from the operation of the I, II, III, and IV, Articles, until the Netherland Government shall think fit to abandon the monopoly of Spices; but if the said Government shall, at any time previous to such abandonment of the monopoly, allow the Subjects of any Power, other than a Native Asiatic Power, to carry on any Commercial Intercourse with the said Islands, the Subjects of His Britannick Majesty shall be admitted to such Intercourse, upon a footing precisely similar. ARTICLE VIII. Cession of all Netherland Establishments in India to Great Britain. His Netherland Majesty cedes to His Britannick Majesty all His Establishments on the Continent of India ; and renounces all privileges and exemptions enjoyed or claimed in virtue of those Establishments. ARTICLE IX. Cession of British Possessions in Sumatra to Netherlands. The Factory of Fort Mariborough, and all the English Possessions on the Island of Sumatra, are hereby ceded to March 17, 1824.] NETHERLANDS. 599 His Netherland Majesty ; and His Britanniek Majesty further engages that no British Settlement shall be formed on that Island, nor any Treaty concluded by British Authority, with any Native Prince, Chief, or State therein. ARTICLE X. Cession of Malacca to Great Britain. Netherland Government engage to form no Establishment in Malaccan Peninsula nor to make Treaties with Natives. ' The Town and Fort of Malacca, and its Dependencies, are hereby ceded to His Britannick Majesty ; and His Netherland Majesty engages, for Himself and His Subjects, never to form any Establishment on any part of the Peninsula of Malacca, or to conclude any Treaty with any Native Prince, Chief, or State therein. ARTICLE XI. No Objection to Occupation of Billiton Island by Netherlands. m His Britannick Majesty withdraws the objections which have been made to the occupation of the Island of Billiton and its Dependencies, by the Agents of the Nertherland Government. ARTICLE XII. No Objection to Occupation of Island of Singapore by Great Britain. His Netherland Majesty withdraws the objections which have been made to the occupation of the Island of Singapore, by the Subjects of His Britannick Majesty. British Government engage to make no Establishment on or to conclud Treaties with Carimon Islands, Battam, Bintang, Lingin, or other Islands south of Straits of Singapore. His Britannick Majesty, however, engages, that no British Establishment shall be made on the Carimon Isles, or on the Islands of Battam, Bintang. Lingiu, or on any of the other Islands south of the Straits of Singapore, nor any Treaty con- cluded by British Authority with the Chiefs of those Islands. NET HIGHLANDS. [Man-h 17, ARTICLE XIII. Cessions mentioned in preceding Articles to be effected on March 1, 1825. All the Colonies, Possessions, and Establishments which are ceded by the preceding Articles, shall be delivered up to the Officers of the respective Sovereigns on the 1st March, 1825. The Fortifications shall remain in the state in which they shall be at the period of the notification of this Treaty in India ; but no claim shall be made, on either side, for ordnance, or stores of any description, either left or removed by the ceding Power, nor for any arrears of revenue, or any charge of administration whatever. ARTICLE XIV. Six years allowed to Inhabitants of Ceded Territories to dispose of their property or to leave the places. All the Inhabitants of the Territories hereby ceded, shall enjoy, for a period of Six Years from the date of the Ratifica- tion of the present Treaty, the liberty of disposing, as they please, of their property, and of transporting themselves, without let or hindrance, to any Country to which they may wish to remove. ARTICLE XV. territories mentioned in Articles VI11 to XII not to be ceded to any other Power. In case of abandonment by either Power the other to have right of occupation. The High Contracting Parties agree that none of the Territories or Establishments mentioned in Articles VIII, IX, X, XI, and XII, shall be, at any time, transferred to any other Power. In case of any of the said Possessions being abandoned by one of the present Contracting Parties, the right of occupation thereof shall immediately pass to the other. ARTICLE XVL 'Settlement of Arvmnts, &c. t arising out of restoration of c.) to Netherlands. It is agreed that all accounts and reclamations arising out of the restoration of Java, and other Possessions, to the March 17, 18:24.] NETHERLANDS. G01 Officers of His Netherlanrl Majesty in the East Indies, as well those which were the subject of a Convention made at Java on the 24th June, 1817, between the Commissioners of the Two Nations, as all others, shall be finally and completely closed and satisfied, on the payment of the sum of one hundred thousand pounds, sterling money, to be made in London on. the part of the Netherlands, before the expiration of the Year 1825. ARTICLE XVII. Ratifications. The present Treaty shall be ratified, and the Ratifications exchanged at London, within Three Months from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereunto the Seals of their Arms. Done at London, the seventeenth day of March, in the Year of Our Lord one thousand eight hundred and twenty-four. (L.S.) GEORGE CANNING. (L.S.) CHARLES WATKIN WILLIAMS WYNN. (L.S.) H. FAGEL. (L.S.) A. R. FALCK. NOTE ADDRESSED BY THE BRITISH PLENIPOTENTIARIES TO THE PLENIPOTENTIARIES OF THE NETHERLANDS. IN proceeding to the signature of the Treaty which has been agreed upon, the Plenipotentiaries of His Britanmck Majesty have great satisfaction in recording their sense of the friendly and liberal spirit which Las been evinced by Their Excellencies the Plenipotentiaries of His Netherland Majesty ; and their conviction that there is on both sides an equal disposition to carry into effect, with sincerity and good faith, the Stipulations of the Treaty, in the sense in which they have been negotiated. The differences which gave rise to the present discussion are such as it is difficult to adjust by formal Stipulation ; consisting, in great part, of jealousies and suspicions, and arising out of the acts of subordinate Agents, they can only he removed bv a frank declaration of intention, and a mutual 602 NETHERLANDS. [March 17, 1824. understanding as to principles between the' Governments them- selves. The disavowal of the proceedings whereby the execution of the Convention of August, 1814, was retarded, must have satisfied Their Excellencies the Netherlands Plenipotentiaries of the scrupulous regard with which England always fulfils her engagements. The British Plenipotentiaries record with sincere pleasure the solemn disavowal, on the part of the Netherland Govern- ment, of any design to aim, either at political supremacy, or at commercial monopoly, in the Eastern Archipelago. They willingly acknowledge the readiness with which the Netherland Plenipotentiaries have entered into Stipulations, calculated to promote the most perfect freedom of Trade between the Subjects of the Two Crowns, and their respective Dependencies in that part of the World. The Undersigned are authorized to express the full con- currence of His Britannick Majesty, in the enlightened views of His Majesty the King of the Netherlands. Aware of the difficulty of adapting at once, to a long estab- lished system of monopoly, the principles of commercial policy which are now laid down, the Undersigned have been authorized to consent to the exception of the Molucca Islands from the general Stipulation for freedom of Trade, contained in the Treaty. They trust, however,, that, as the necessity for this exception is occasioned solely by the difficulty of abrogating, at the present moment, the monopoly of Spices, its operation will be strictly limited by that necessity. The British Plenipotentiaries understand the term Moluccas, as applicable to that cluster of Islands, which has Celebes to the Westward, New Guinea to the Eastward, and Timor to the Southward ; but that these three Islands are not comprehended in the exception: nor would it have included Ceram, if the situation of that Island, in reference to the two principal Spice Isles, Amboyna and Banda, had not required a prohibition of intercourse with it, so long as the monopoly of Spices shall be maintained. The territorial exchanges which have been thought ex- pedient for avoiding a collision of interests, render it incumbent upon the Plenipotentiaries of His Britannick Majesty to make, and to require, some explanations with respect to the Dependents and Allies of England, in the Island from which She is about to withdraw. A Treaty concluded in the Year 1819, by British Agents, with the King of Acheen, is incompatible with the Hlrd Article of the present Treaty. The British Plenipotentiaries therefore undertake that the Treaty with Acheen shall, as soon as possible, be modified into a simple Arrangement for the hos- pitable reception of British Vessels and Subjects in the Port of Acheen. But as some of the provisions of that Treaty (which has been communicated to the Netherland Plenipotentiaries), March 17, 1824.] KETHERLANDS. 603 will be conducive to the general interests of Europeans estab- lished in the Eastern Seas, they trust that the Netherland Goverment will take measures for securing the benefit of those Provisions. And they express their confidence that no measures hostile to the King of Acheen. will be adopted by the new Possessor of Fort Marlborough. It is no less the duty of the British Plenipotentiaries to recommend to the friendly and paternal protection of the Netherland Government, the interests of the Natives and Settlers, subject to the ancient Factory of England at Ben- coolen. This appeal is the more necessary, because so lately as the Year 1818, Treaties were made with the Native Chiefs, by which their situation was much improved. The system of forced cultivation and delivery of Pepper was abolished ; encouragement was given to the cultivation of Rice; the relations between the cultivating Classes and the Chiefs of the Districts were adjusted ; the property in the soil was recognized in those Chiefs ; and all interference in the detailed management of the Interior was withdrawn, by removing the European Residents from the Out-Stations, and substituting in their room Native Officers. All these measures were calculated greatly to promote the interests of the Native Inhabitants. In recommending these interests to the care of the Nether- land Government, the Undersigned request the Plenipotentiaries of his Netherland Majesty to assure their Government, that a corresponding attention will be paid, on the part of the British Authorities, to the Inhabitants of Malacca, and the other Netherland Settlements which are transferred to Great Britain. In conclusion, the Plenipotentiaries of His Britannick Majesty congratulate Their Excellencies the Netherland Pleni- potentiaries, upon the happy termination of their Conferences. They feel assured that, under the Arrangement which is now concluded, the Commerce of both Nations will nourish, and that the Two Allies will preserve inviolate in Asia, no less than in Europe, the friendship which has, from old times, subsisted between them. The disputes being now ended, which during two centuries have occasionally produced irritation, there will henceforward be 110 rivalry between the English and the Dutch Nations in the East, except for the more effectual establishment of those principles of liberal policy which both have this day asserted in the face of the World. The Undersigned request Their Excellencies the Pleni- potentiaries of His Netherland Majesty will accept the assurances of their distinguished consideration. (Signed) GEORGE CANNING. CHARLES WATKIN WILLIAMS WYNN. London, March 17, 1824. 604 -X.tiTM.KULANDS. Maivl) 17, 1824. REPLY OF THE NETHERLAND PLENIPOTENTIARIES TO THE NOTE OF THE PLENIPOTENTIARIES OF (TREAT BRITAIN. LES Sbussigiies, Plenipotentiaires de Sa Mnjeste Le Roi des Pays-Bas, out trouve, dans la Note qui vient de leur etre remise par Leurs ExcelleDces Messieurs les Plenipotentiaires Britan- niqucs, mi resume fidele des communications qni avaient eu lieu a 1'epoque oil des circonstances independantes de la volonte des negociateurs amenerent la suspension de leurs conferences. Appelles a reprendre un travail dorit I'achevement a toujours ete desire de part et d'autre avec une egale sincerite, les Sous- signes n'ont pas tarde a reconnaitre dans leurs Collaborateurs, cet esprit d'equite et de conciliation, qui facilite I'arrangement des questions les plus compliquees, et auquel ils ne peuvent rendre hommage dans un moment plus opportun que celui, qui va sanctionner, par la signature d'un Traite formel, les dispositions adoptees apres le plus mur examen, comme eminem- ment utiles pour le maintien de la bonne intelligence, meme entre les Agents inferieurs des Puissances Contractantes. Ce but essentiel, cette tendance principale du Traite, sont palpables pour tous ceux qui en lisent avec attention les differens Articles. Ce qui s'y trouve expressement stipule, semble devoir suffire pour lever d'un common accord, toute incertitude qui pourrait -se presenter par la suite. Cependant, comme Messieurs les Plenipotentiaires Britanniques ont cru devoir entrer dans quelques details ulterieurs, les Soussignes, qui, de leur cote, sentent 1'importance de ne rien donner an hasard dans une matiere aussi iuteressante, ne font aucune difficulte de les suivre dans ces details, et de completter, par le developpement succinct de leur maniere de voir, la reponse, due par eux, a la susdite Note de Leurs Excellences. L' Article VII renferme une exception au principe general de la liberte du Commerce. La necessite de cette exception, deja admise par 1'Angleterre dans les conferences de 1820, repose sur Fexistence du systeme relatif au Commerce exclusif des epiceries. 81 les deliberations du Gouvernement des Pays-Bas conduisent a 1'abandon de ce systeme, aussitot le Commerce libre reprend ses droits, et tout cet Archipel, qui a ete fort justement decrit comme compris entre Celebes, Timor et la Nouvelle Guinfa, est ouvert a toutes les speculations legitimes, sur le pied a etablir par les ordonnances locales, et, pour ce qui coucerne eri particulier les sujets de Sa Majeste Britannique, conformement aux bases coiisacrees par le Traite pour toutes les possessions Asiatiques des deux Parties Contractantes. Par contre, aussi long-terns que 1'exception, dont il a'agit, reste en vigueur, les navires qui traversent les Moluques, doivent s'abstenir de relaclier, dans d'autres Ports que ceux dont la designation a ete officiellement communiquee aux Puissances maritimes il y a quelques annees ; sauf les cas de March 1 7, 1824] NETHERLANDS. 605 detresse pour lesquels il est superflu d'ajouter, qu'ils trouveront, dans tons les eiidroits ou flotte le Pavilion des Pays-Bas, les services et les secours dus a I'humanite souftrante. Si le Gouvememeiit de la Grande Bretagne pense qu'il y a un avaiitage reel pour lui a ce qu'en se degageant, d'apres les principes consacres par le Traite qui va etre signe, des liaisons que ses A gens formererit, il y a quatre on cinq ans, dans le Koyaume d'Acheen, il assure, par quelque stipulation, nouvelre, 1'accueil hospitaller des Sujets et Vaisseaux Britanniques dans les Ports de ce Royaume, les Soussignes n'hesitent pas a declarer que, de leur cote, 11s n'y voyent aucun inconvenient; et ils croyent pouvoir assurer, en meme terns, que leur Gou- vernement s'appliquera, sans delai, a regularise! 1 ses rapports avec Acheen de maniere que cet fitat, sans rieii perdre de son independarice, offre au Navigateur et au Commergant cette constante securite, qui semble ne pouvoir y etre etablie, que par 1'exercice modere d'une influence Europeenne. A 1'appui des informations contenues dans la derniere Note de Messieurs les Plenipotentiaires Britanniques, au sujet de Bencoolen, Leurs Excellences ont communique" aux Soussignes les deux Conventions respectivement signees le ^3 Mai et le 4 Juillet de 1818, d'un cote par le Lieutenant-Gouverneur de cet etablissement, et de 1'autre par les Chefs de quelques tribus voisines. On leur a aussi fait part d'une depeche du Gouver- neur-General en Conseil, datee de Fort William le 9 Mai, 1823, et d'apres laquelle ^Administration Britannique a aboli au Fort Marlborough le monopole du poivre, encourage la culture du riz, et place sur un pied stable et uniforme, les rapports des differentes classes de Natiis, tant entre elles qu'avec leurs chefs. Or, pour autant que les Soussignes ne se trompent point en supposant, que le but de ces arrangements a ete d'assurer la prosperite agricole de la Colonie, et d'ecarter les vexations qui resultent souvent du contact immediat de la population indigene avec les autorites subalternes d'une administration etrangere, ils eprouvent une grande satisfaction a dire, que loin d'avoir a redouter des mesures retroactives, les individus interesses a 1'ordre actuel des choses peuvent, au coritraire, nourrir l'espoh', que le nouveau Gouvernement aura egard a leurs droits acquis, et a leur bien-etre ; et, ce que les Soussignes aiment surtout a garantir, il fera observer les Articles des Conventions deja ir,cntiounees, sur la foi desquels les habitans de Pasummah, Uiu Manna, et d'autres peuplades de 1'interieur ont reconnu 1'autorite ou accepte la protection de la Compagnie des Indes Britanniques, sauf toutefois la faculte d'y substituer, du plein gre des parties interessees, d'autres conditions analogues, si les circonstaiices venaient a rendre un cliangement necessaire. Quant aux dispositions equitables et bienveillantes du Gouvernement Britannique envers les habitans de Malacca, et des autres etablissemens Hollandois, cedes par le Traitd, les Plenipotentiaires de Sa Majeste le Roi des Pays-Bas en acceptent 1'assurance avec une confiance illimitee ; et ce meme 606 NETHERLANDS. [Mar. 17, 1824. Got. 27, 1837, sentiment les porte a ne pas insister, pour que les instructions et ordres, qui seront adresses aux Autorites Anglaises dans I'lnde, relativement a la remise du Fort Marlborough, et de ses dependances, soy en t con 9118 en des termes tellement clairs, precis, et positifs, qu'on n'y puisse trouver aucim motif d'incer- titude, ni ancim pretexte de delai ; car ils sont persuades que Messieurs les Plenipotentiaires Britanniques, apres avoir apporte tant de moderation et de loyaute a 1'accomplissement de leur tache, sauront veiller a ce que le resultat cles travaux communs ne soit pas compromis par egard pour des interets subordonues, et des considerations secondaires. Ce resultat, Messieurs Jes Plenipotentiaires Britanniques Font decrit eux-memes dans leur derniere Note, et il ne reste aux Soussignes qu'a se feliciter d'y avoir concouru, et a joindre leurs voeux a ceux de Leurs Excellences, pour que les Agens respectifs dans les Possessions Asiatiques se montrent toujours penetres du sentiment des devoirs, que deux Nations, amies et animees de vues vraiment liberales, out a remplir, tant 1'une a 1'egard de 1'autre, qiie vis a vis des indigenes, que le cours des evenemens ou les traites ont places sous leur influence. Les Soussignes saisissent avec empressement cette occasion de renouveller a Leurs Excellences Messieurs les Plenipo- tentiaires Britanniques 1'assurance de leur consideration la plus distinguee. (Signe) H. FAGEL. A. R. FALCK. Londres, le 17 Mars, 1824. No. 119. TREATY OP COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND THE NETHERLANDS. Siyncd at tlie Hague, October 27, 1837.' HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the one part, and His Majesty the King of the Netherlands, on the other part, being equally desirous of affording every facility and encouragement to their subjects engaged in commercial intercourse with each other ; and being of opinion, that nothing will more contribute to the attainment of this desirable object, than a reciprocal abrogation of all * Signed also in Dutch. October 27, 1837.] NETHERLANDS. 607 1 discriminating and countervailing duties levied upon the Ships of the High Contracting Parties, or upon the cargoes of such Ships, in the Ports of either Kingdom in Europe, have appointed their Plenipotentiaries to conclude a Convention for that purpose, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Edward Cromwell Disbrowe, Knight Grand Cross of the Royal Hanoverian Guelphic Order Her Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Netherlands, Grand Duke of Luxem- burg ; And His Majesty the King of the Netherlands, John Gisbert, Baron Verstolk de Soelen, Member of the body of Nobles of the Province of Holland, Knight Grand Cross of the Orders of the Netherlarid Lion, and of Saint Stephen of Hungary, His Minister of State, holding the Department of Foreign Affairs : Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles : ARTICLE I. Commerce and Navigation. Most-favoured-nation Treatment. There shall be reciprocal liberty of commerce and naviga- tion between and amongst the Subjects of the two High Contracting Parties ; and the Subjects of the two Sovereigns, respectively, shall not pay in the ports, harbours, roads, cities, towns, or places whatsoever in either Kingdom, any other or higher duties, taxes, or imposts, under whatsoever names designated or included, than those which are there paid by the Subjects of the most favoured nation ; and the Subjects of each of the High Contracting Parties shall enjoy the same rights, privileges, liberties, favours, immunities, and exemptions, in matters of Commerce and Navigation, that are granted, or may hereafter be granted, in either Kingdom to the Subjects of the most favoured nation. Imports. Most- favoured-nation Treatment. No duty of customs or other impost shall be charged upon any goods the produce of one country, upon importation, by sea or by land, from such country into the other, higher than the duty or impost charged upon goods of the same kind, the produce of, or imported from, any other country; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Netherlands, do hereby bind and engage themselves, not to grant any favour, privilege, or 608 NETHERLANDS. [October 27, 1837. immunity, in. matters of Commerce and Navigation, to the Subjects of any other State, which shall not be also, and at the same time, extended to the Subjects of the other High Con- tracting Party, gratuitously, if the concession in favour of that other State shall have been gratuitous; and on giving as nearly as possible the game compensation or equivalent, in case the concession shall have been conditional. ARTICLE II. Tonnage, Harbour, Lighthouse, Pilotage, Quarantine, and other Dues. National Treatment. No duties of tonnage, harbour, lighthouses, pilotage, quaran- tine, or other similar or corresponding duties of whatever nature or under whatever denomination, shall be imposed in either country upon the Vessels of the other, in respect of voyages between the two countries, if laden, or in respect of any voyage if in ballast, which shall not be equally imposed, in the like cases, on national Vessels ; and in neither country shall any duty, charge, restriction, or prohibition be imposed upon, nor any drawback, bounty, or allowance be Avithheld from, any goods imported from, or exported to the other country, in the Vessels of that other country, which shall not be equally imposed upon or withheld from such goods, when so imported or exported in national vessels. ARTICLE III. National In order to avoid any misunderstanding with regard to the regulations that determine the conditions which constitute a British or a Dutch Vessel, it is hereby agreed, that all Vessels built in the Dominions of Her Britannic Majesty, and all Vessels which, having been captured from an Enemy by Her Majesty's Ships of War, or by the Subjects of Her said Majesty, furnished by the Lords Commissioners of the Admiralty with letters of marque, shall have been regularly condemned in one of Her said Majesty's Prize Courts as a lawful prize; and all Vessels which shall have been condemned in any competent Court, for a breach of the laws made for the prevention of the Slave Trade ; shall, provided they are owned, navigated, and registered according to the laws of Great Britain, be con- sidered as British Vessels : and that all Vessels built in the Territories of the King of the Netherlands, or which, having been captured from an Enemy by His Majesty's Ships of War, or by the Subjects of His said Majesty furnished with letters ot marque, shall have been regularly condemned in one of the October 27, 1837.] NETHERLANDS. 609 Prize Courts of the Kingdom of the Netnerlands as a lawful prize ; and all vessels which shall have been condemned in any competent Court, for a breach of the laws made for the prevention of the Slave Trade, shall, provided they are wholly owned by any Subject or Subjects of the King of the Nether- lands, and provided that the Master and three-fourths of the crew are Netherland Subjects, be considered as Netherland Vessels, ARTICLE IV. [Abrogated by Convention of August 15, 1889.] ARTICLE V. Goods in Bond. Forasmuch as all merchandize, of whatever origin, whether admissible for home consumption or not, may be received and warehoused in all the ports of the United Kingdom of Great Britain and Ireland, which are by law appointed to be ware- housing ports for such articles, pending the entry of the same either for home consumption or for re-exportation, as the case may be, under the regulations appointed for this purpose, and without such articles being liable, in the mean time, to the payment of any of the duties with which they would be charged, if upon arrival they were entered for consumption within the United Kingdom; in like manner, the King of the Netherlands consents and agrees, that all the ports of His Netherland Majesty's Dominions, which are now, or which shall hereafter become, warehousing ports by law, shall be free ports for the reception arid warehousing of all merchandize imported in British Ships, and of all articles whatever, the produce or manufacture of the British Dominions, in whatever ships imported, either for home consumption or for re-exportation, as the case may be ; and the articles thus received and warehoused, subject to due regulations, shall not be liable, in the mean time, to any of the duties with which they would be charged, if they were entered for consumption on their arrival in the Netherlands. ARTICLE VI. Wrecks and Salvage. National Treatment. If any Ships of war or merchant Vessels should be wrecked on the coasts of either of the High Contracting Parties, such Ships or Vessels, or all parts thereof, and all furniture and [536] 2 R 610 NETHERLANDS. October 27, 1837, appurtenances belonging thereunto, and all goods and merchandize which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored to the proprietors, upon being claimed by them or by their duly authorized factors: and if there are no such proprietors or factors on the spot, then the said goods and merchandize, or the proceeds thereof, as well as all the papers found on board such wrecked Ships or Vessels, shall be delivered to the British or Netherland Consul, in whose district the wreck may have taken place ; and such Consul, proprietors, or factors, shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage which would have been payable in the like case of a wreck of a national Vessel ; and the goods and merchandize saved from the wreck shall not be subject to duties, unless cleared for consumption. ARTICLE VII. Duration of Treaty. The present Treaty shall be in force for the term of ten years from the date hereof, and further, until the end of twelve months after either of the High Contracting Parties shall have given notice to the other, of its intention to terminate the same ; each of the High Contracting Parties reserving to itself the right of giving such notice to the other at the end of the said term of ten years. And it is hereby agreed between Them, that at the expira- tion of twelve months after such notice shall have been received by either Party from the other, this Treaty, and all the pro- visions thereof, shall altogether cease and determine. ARTICLE VIII. Ratifications. The present Treaty shall be ratified, and the Ratifications shall be exchanged at the Hague, within one month from the date hereof, or sooner if possible, In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms. Done at the Hague, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and thirty- seven. (L.S.) EDW*. CROMWELL DISBROWE. (L.S.) VERSTOLK VAN SOELEN. October 27, 1837.] NETHERLANDS, 611 DECLARATION MADE BY THE PLENIPOTENTIARY OB' HER BRITANNIC MAJESTY, ON THE EXCHANGE OF THE RATIFI- CATIONS OF THE PRECEDING TREATY. Treaty of October 27, 1837, does not apply to any British Possession beyond Sea. IN proceeding to the exchange of the ratifications of the Treaty of Commerce and Navigation between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Netherlands, concluded and signed at the Hague on the 27th of October, 1837, the Under- signed, Plenipotentiary of Her Britannic Majesty, is commanded by Her Majesty to explain and declare, that Her Majesty has ratified the said Treaty, notwithstanding that the Preamble thereof contains the words "in Europe," which Her Majesty's Government had objected to as redundant; but that Her Majesty considers those words to be without meaning, so far as Her Majesty's Dominions are concerned ; because those words appear to establish a distinction between a Kingdom in Europe and a Kingdom out of Europe ; whereas, by the word " Kingdom " in the said Treaty, Her Majesty, as far as regards Her own Territories, means only the United Kingdom of Great Britain and Ireland, which is well known to be in Europe, and does not mean any of the Possessions of Her Maiesty's Grown beyond Sea. Her Majesty's Batification 01 me said Treaty is exchanged under the explicit declaration and understanding above mentioned. Done at the Hague, the twenty-second day of November, 1837. (L.S.) EDWARD CROMWELL DISBROWE. COUNTER-DECLARATION OF THE PLENIPOTENTIARY OF His MAJESTY THE KING OF THE NETHERLANDS. Treaty of October 27, 1837, does not apply to Nether land Possessions beyond Sea. MONSIEUR le Plenipotentiaire de Sa Majeste Britannique ayant, avant de proc^der a 1'echange des Ratifications du [536] 2 R 2 612 NETHERLANDS. [Oct. 27, 1837. Mar. 27, 1851. Trait6 de Commerce et de Navigation, conclu le vingt-sept Octobre, mil huit cent trente-sept, entre Sa Majeste le Koi des Pays Bas et Sa Majeste la Heine du Royaume Uni de la Grande Bretagne et d'Irlande, reinis an Soussigne, Plenipo- tentiaire de Sa Majeste le Roi des Pays Bas une Declaration, portaiit que Sa Majeste Britannique n'a point eu en vue dans le dit Traite Ics possessions d'outre-mer de Sa Couronne ; le Soussigne se trouve charge par Sa Majeste le Roi des Pays Bas de declarer que Sa dite Majeste accepte la Declaration sus- mentionnee et qu'egalement, de Son cote, Elle n'a point entendu comprendre dans le dit Traite, les Possessions d'ontre-mer de Sa Couronne. Quant aux observations faites sur 1'emploi des mots " en Europe " le Cabinet de la Haye est d' opinion, qu'elles trouvent ]eur solution dans la circonstance, que les termes " en Europe " s'appliquent au mot " Ports," et non an mot " Royaume." La Haye, ce viugt-deux Novembre, mil huit cent trent- sept, (L.S.) YERSTOLK DE SOELEN. No. 120. CONVENTION OF NAVIGATION BETWEEN GREAT BRITAIN AND THE NETHERLANDS, ADDITIONAL TO THE TREATY OF OCTOBER 27, 1837. Signed at London, March 27, 1851.* [Ratifications exchanged at London, Ap*il 16, 1851.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Nether- lands, being desirous of extending further the reciprocal privileges of navigation conferred on the ships of the two countries respectively by the Treaty of Commerce and Naviga- tion between Her Britannick Majesty and His Majesty the King of the Netherlands, which was signed at the Hague on the 27th of October, 1837, have appointed as their Plenipotentiaries to conclude a Convention for that purpose ; that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Henry John * Signed also in Dutch. March 27, 1851.] NETHERLANDS. 613 Viscount Palmerston, Baron Temple, a Peer of Ireland, a Member of Her Britannick Majesty's Most Honourable Privy Council, a Member of Parliament, Knight Grand Cross of the Most Honourable Order of the Bath, and Her Britannick Majesty's Principal Secretary of State for Foreign Affairs ; and the Right Honourable Henry Labouchere, a Member of Her Britannick Majesty's Most Honourable Privy Council, a Member of Parliament, and President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations ; And His Majesty the King of the Netherlands, His Excellency Gerard Count Schimmelpenmnck, Minister of State, Commander of the Royal Order of the Netherland Lion, Knight of the Royal Order of Frederick of Wurtemberg, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of the Netherlands at the Court of Her Britannick Majesty ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed that for and in lieu of the Second and Third Articles of the above-mentioned Treaty, the following Articles shall be substituted : ARTICLE I. Tonnage, Harbour, Lighthouse, Pilotage, Quarantine and other Dues. Drawbacks Bounties, &c. National Treatment. No duties of tonnage, harbour, lighthouse, pilotage, quaran- tine, or other similar or corresponding duties, of whatever nature or under whatever denomination, shall be imposed in the ports of either country upon the vessels of the other country, from whatever port or place arriving, which shall not be equally imposed in the like cases on national vessels ; and in neither country shall any duty, charge, restriction, or prohibi- tion, be imposed upon, nor any drawback, bounty, or allowance, be withheld from, any goods imported into or exported from such country in vessels of the other, which shall not be equally imposed upon or withheld from such goods, when so imported or exported in national vessels. ARTICLE II. National Vessels. All vessels which, according to the laws of Great Britain, are to be deemed British vessels, and all vessels which, according to the laws of the Netherlands, are to be deemed Netherland vessels, shall, for the purposes of this Convention, and of the said Treaty of the 27th of October, 1837, be deemed British vessels and Netherland vessels respectively. 614 NETHERLANDS. [March 27, 1851. ARTICLE III. Duration of Convention. If any Act should hereafter be passed by the Legislature of either country, by which any of the privileges in regard to navigation and commerce which are respectively conceded by the British Act of Parliament of the 12th and 13th Victoria, cap. 29, and by the Netherland Law of the 8th of August, 1850, should be withdrawn, then and in such case, either of the High Contracting Parties shall be at liberty to terminate the present Convention, .011 giving to the other six weeks' notice of its wish to that effect. ARTICLE IV. This Convention to ~be additional to Treaty of 1837. The present Convention shall be considered as additional to the above-mentioned Treaty of the 27th of October, 1837, and shall have the same duration as that Treaty, unless in the case provided for by Article III preceding. Ratifications. It shall be ratified, and the ratifications shall be exchanged at London as soon as may be within the space of four Aveeks from the date of its signature. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London, the twenty-seventh day of March, in the year of our Lord one thousand eight hundred and fifty-one. (L.S.) PALMERSTON. (L.S.) HENRY LABOUCHERE. (L.S.) G. SCHIMMELPENN1NCK. March 6, 1856.] NETHERLANDS . 615 No. 121. CONVENTION BETWEEN GREAT BRITAIN AND THE NETHER- LANDS, FOR THE RECIPROCAL ADMISSION OF CONSULS OF THE ONE PARTY TO THE COLONIES AND FOREIGN POSSESSIONS OF THE OTHER. Signed at the Hague, March 6, 1856.* [Ratifications exchanged at the Hague, April 29, 1856.] . HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, aud His Majesty the King of the Nether- lands, being desirous to strengthen the bonds of friendship which exist between the United Kingdom and the Kingdom of the Netherlands, and to secure the fullest possible extension to the relations of commerce happily established between the two nations, have consented to admit Consuls of the one Kingdom to the ports of the Colonies and foreign Possessions of the other, on condition, however, that such concessions shall form the subject of a special Convention. For this purpose, Her Britannic Majesty and His Majesty the King of the Netherlands have named as their Pleni- potentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great' Britain and Ireland, the Honourable Sir Ralph Abercromby, Knight Commander of the Most Honourable Order of the Bath, Her Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Netherlands, Grand Duke of Luxembourg ; And His Majesty the King of the Netherlands, the Sieur Floris Adrian van Hall, Knight Grand Cross of the Order 01 the Netherland Lion, of the Order of the Crown of Oak, of the Order of the White Falcon of Saxe-Weimar, of the Order of Leopold of Belgium, of the Order of the Ernestine Branch of the House of Saxony, of the Imperial Russian Order cf the White Eagle, and of the Hanoverian Guelphic Order, His Minister of State holding the Department of Foreign Affairs ; and the Sieur Peter Mijer, Commander of the Order of the Netherland Lion, His Minister holding the Department of the Colonies; Who after having communicated to each other their * Signed also in Dutch, G i 6 NETHERLANDS. [March 6, respective full powers, found in good and due form, have agreed upon and concluded the following Articles : ARTICLE I. Admission of Consular Officers to Colonial Ports open to Vessels of all Nations. Consuls-General, Consuls, and Vice-Consuls of Great Britain shall be admitted in all the ports of the Colonies and foreign Possessions of His Majesty the King of the Netherlands, which are open to the vessels of all nations. In like manner Consuls-General, Consuls, and Vice-Consuls of the Netherlands shall be admitted in all the ports of the Colonies and foreign Possessions of Her Britannic Majesty, which are open to the vessels of all nations. ARTICLE II. Consular Officers to be considered as Protestors of Commerce, and to be subject to Civil and Criminal Laws of Colony. The Consuls-General, Consuls, and Vice-Consuls shall be considered as commercial agents, and as protectors of the commerce of their nation within their respective Consular districts. They shall be subject as well to the civil as to the criminal laws of the Colony or place where they reside, with the exceptions established in their favour by the present Convention. ARTICLE III. Consult- General and Consuls to have Commissions and Exequaturs. Every Consul-General or Consul of either of the two Con- tracting Parties appointed to reside in a Colony or foreign Possession of the other, shall, before being admitted to the exercise of his functions, and to the enjoyment of the immunities which are attached thereto, produce to the Government of the country to which the Colony or Possession belongs, a commission from his own Sovereign, and shall obtain from that Government an exequatur in due form, which shall, as soon as possible, be countersigned by the Governor of the Colony. He shall then be entitled to the protection of the March 6, 1856.] NETHERLANDS, 617 Government, and to the assistance of the local authorities for the free exercise of his functions. It is understood that, with regard to Consuls of the Nether- lands appointed to reside in the territories which are under the government of the East India Company, their commissions must be produced to the Government in London, and the exequatur or recognition will be granted by the Governor- General of India. The Government which grants the exequatur reserves to itself the power of withdrawing it, or of causing it to be withdrawn by the Governor of the Colony or Possession ; explaining, however, to the other Government its reasons for so doing. ARTICLE IV. Colonial Government to afford protection to Archives of Consulates. The Government of a Colony or foreign Possession of either of the two High Contracting Parties shall afford every assistance and protection in its power for the safety of all archives and documents relative to the affairs of a Consulate of the other party established in such Colony or Posses- sion. ARTICLE V. Consular Officers may place over their doors the Arms of their Sovereign, &c. Consuls-General and Consuls shall be authorized to place above the outer door of their house a representation of the arms of their Sovereign, with the inscription " British Con- sulate," or " Consulate of the Netherlands," as the case may be. A 7 o right of Asylum in Consulates from Jurisdiction of Loco I A uthorities. It is clearly understood that this external sign shall never be construed as giving a right of asylum, nor as exempting the house and the persons who reside in it, from the jurisdiction of the local judicial authorities. 618 NETHERLANDS. [March 6, 1856. ARTICLE VI. Consular Officers have no Diplomatic Character but may address Governor of Colony on Urgent Matters. Consuls-General, Consuls, and Vice-Consuls are not invested with any diplomatic character ; but in all urgent cases of local and commercial interest, they may address themselves to the Governor of the Colony or Possession. ARTICLE VII. Appointment of Vice-Consuls. Consuls-General and Consuls shall have the right to appoint Vice-Consuls for the ports of their Consular districts. Such Vice-Consuls may be selected, without distinction, from subjects of either of the Contracting Parties, or from subjects or citizens of any other country residing, or qualified, according to the local laws, to be admitted to reside, in the port where the Vice-Consul is to be appointed. The nomination of such Vice-Consuls shall be submitted by the Consul for the approbation of the Governor of the Colony or Possession ; and they shall be furnished with an appointment signed by the Consul under whose orders they are to exercise their functions. The Governor of the Colony or Possession may at any time withdraw from a Vice-Consul the approbation above mentioned ; explaining to the Consul-General or Consul of the district his reasons for so doing. ARTICLE VIII. Bearers of Consular Passports. Passports issued or countersigned by Consular Agents shall in no wise exempt the persons holding them from providing themselves with all the documents required by the local laws in order to travel or to establish themselves in the Colonies or foreign Possessions 6*f the respective Parties. The Governor of the Colony or Possession shall have the right to forbid the stay therein of any individual to whom a passport may have been delivered, or to order his de- parture. March 6, 1856.] NETHERLANDS. 619 ARTICLE IX. Wrecks and Salvage. If a vessel of one of the two Contracting Parties should be cast upon the coast of a Colony or foreign Possession of the other, and neither the owner, master, nor any person to represent him, should be upon the spot, the Consul-General, Consul, or Vice-Consul present at the place of the wreck or of the salvage shall take all the necessary measures for saving the vessel, the cargo, and all that appertains thereto, and shall take possession of the same for the benefit of the owners. In the absence of the Consul-General, Consul, or V ice- Consul, the local authorities of the place where the vessel has been wrecked shall take the measures prescribed by the laws of the Colony or Possession. And in this case the ship, and all parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize saved therefrom, and any papers found on board of such ship, shall, on payment of the expenses incurred in the preservation of the property, and of the salvage or other expenses which would have been payable in the like case of a wreck of a national vessel, be delivered to the owners or their agents, or to the British or Netherland Consul-General, Consul, or Vice-Consul, as the case may be. Goods and merchandize saved from wreck shall in all cases be allowed to be cleared for consumption to the same extent, and on payment of the same duties, as if they had been imported in a ship belonging to the country in whose Colony or foreign Possession the wreck takes place ; and no goods or merchandize so saved shall be liable to any import duties unless cleared for consumption. The provisions of this Article shall however, on both sides, be held to be subject to any now existing Colonial laws. ARTICLE X. Seamen Deserters. Arrangements having been already made between the Governments of Great Britain and of the Netherlands for the mutual arrest and surrender of seamen who may desert from merchant-vessels of the one country in the ports of the other, it is agreed that the local authorities in the Colonies and foreign Possessions of either of the two Contracting Parties shall afford to the Consuls-General, Consuls, and Vice-Consuls of the other all such assistance as they may be enabled by law to give, for the arrest and surrender of seamen who may desert from the merchant-vessels of their nation while in the ports of those Possessions and Colonies. 620 NETHERLANDS, [March 6, 1856. If the deserter shall have committed any crime or offence against the laws of the Colony or Possession, his surrender may be deferred until the Court which has cognizance thereof shall have given its sentence, and the sentence has been carried into effect. ARTICLE XL Deaths of Subjects without known Heirs to be notified to Consular Officers. If a subject of either of the two Contracting Parties should die in a Colony or foreign Possession of the other, without leaving any known heirs or testamentary executors, the authorities charged according to the law of the Colony or Possession with the administration of the succession, shall give notice of the death to the Consular Agent of the other Con- tracting Party, in order that he may transmit the requisite information to the parties interested. ARTICLE XII. Settlement of Disputes betiveen Captains and Crews by Consular Officers. Most- favoured-nation Treatment. The Consuls-General, Consuls, and Vice-Consuls of one of the two Contracting Parties shall, in the Colonies and foreign Possessions of the other, have the right, so far as may be there permitted to the Consuls-General, Consuls, and Vice- Consuls of the most favoured nation and as far as the laws of their own country may permit them, to act as judges etna arbitrators in differences which may arise between the captains and the crews of vessels of their own countrv, without the intervention of the local authorities, unless me conduct 01 tne crew or of the captain should be such as to disturb the order and tranquillity of the place, or unless the Consuls-General, Consuls, and Vice-Consuls should require the assistance of the said authorities, in order to carry their decisions into execution, or to maintain the authority thereof. It is, however, understood that any such special decision or arbitration shall not preclude the litigating parties from the right of appealing, on their return, to the judicial authorities of their own country. ARTICLE XIII. Exemption of Consular Officers from Compulsory Military Service and Requisitions. Most-favoured-nation Treatment. The Consuls-General, Consuls, and Vice-Consuls of one of the two Contracting Parties in the Colonies or Possessions of March 6, 1856.] NETHERLANDS. 621 the other, shall enjoy the same privileges which are or may be there granted to agents of the same character belonging to the most favoured nation ; and specially they shall, unless subjects of the country, be exempt from all military service, and from military requisitions, as well as from all pecuniary compositions in lieu of military service. Exemption of Consular Officers from Taxation. Exemption from taxation shall, however, not be claimed for any such Consul-General, Consul, or Vice-Consul, who may be a subject of the country, or engaged in any profession, occupa- tion, or business besides his Consular duties; nor unless a corresponding exemption be enjoyed by Consular Agents of that country of the same description in the Colonies and foreign Possessions of the other. ARTICLE XIV. Duration of Convention. The present Convention shall continue in force for five years from the date of the exchange of the ratifications, which shall take place at the Hague as soon as possible within the period of two months. In case neither of the Contracting Parties should have given notice to the other, twelve months before the expiration of the said period of five years, of its intention to put an end to the Convention, it shall continue in force a year longer, and so on from year to year, each party being at liberty to give the year's notice at the expiration of four years, or of any sub- sequent year. In witness whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto the seals of their arms. Done at the Hague, this sixth day of March, in the year of our Lord one thousand eight hundred and fifty-six. (L.S.) RA. ABERCROMBY. (L.S.) VAN HALL. (L.S.) P. MIJER. 6*22 NETHERLANDS, [November 2, 1871. No, 122. CONVENTION BETWEEN GREAT BRITAIN AND THE NETHER- LANDS FOR THE SETTLEMENT OF THEIR MUTUAL RELATIONS IN THE ISLAND OF SUMATRA, Signed at the Hague, November 2, 1871.' [Ratifications exchanged at the Hague, February 17, 1872.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Nether- lands, being desirous to consolidate more, and more, in the spirit of the Treaty of the 17th of March, 1824, the friendship between the two countries, and consequently also to remove all occasion of misunderstanding in their mutual relations on the Island of Sumatra, have agreed to conclude a Convention for that purpose, and have named as their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Honourable Edward Alfred John Harris, Vice-Admiral, Companion of the Most Honourable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Netherlands ; And His Majesty the King of the Netherlands, Mr. Joseph Lodewijk Hendrik Alfred Baron Gericke van Herwijnen, Com- mander of the Order of the Netherland Lion, Knight Grand Cross of the Order of the Oaken Crown of Luxemburg, &c., &c., His Minister of Foreign Affairs ; and Mr. Pieter Philip van Bosse, Commander of the Order of the Netherland Lion, Knight Grand Cross of the Order of the Oaken Crown .of Luxemburg, &c., &c.. His Minister for the Colonies ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles : ARTICLE I. No Objection to Extension nf Netherland Dominion in Sumatra. Her Britannic Majesty desists from all objections against the extension of the Netherland dominion in any part of the * Signed also in Dutch. November 2, 1871.] NETHERLANDS. 623 Island of Sumatra, and consequently from the reserve in that respect contained in the notes exchanged by the Netherland and British Plenipotentiaries at the conclusion of the Treaty of the 17th of March, 1824, ARTICLE II. British Trade and Navigation in Sumatra. National Treatment. His Majesty the King of the Netherlands declares that, in the Kingdom of Siak Srie Indrapoora and its dependencies, as it is defined in the compact concluded by the Netherland Indian Government with that Kingdom on the 1st of February, 1858, the trade of British subjects and the British navigation shall continue to enjoy all the rights and advantages that are or may be granted there to the trade of Netherland subjects and. to the Netherland navigation ; and further, that the same assimilation shall be granted to the trade of British subjects and to the British navigation in any other native State of the Island of Sumatra, that may hereafter become dependent on the Crown of the Netherlands, provided always that British subjects conform themselves to the laws and regulations of the Nether- land Government. ARTICLE III. Stipulations of Article II not to interfere with Distinction between Individuals of Western and Eastern Extraction, nor with Application of Treaty of 1824. The stipulations of the preceding Article shall not interfere with the distinction established by the Netherland-Indian laws and regulations between individuals of Western and individuals of Eastern extraction, nor with the application of the stipula- tions of the Convention of the 27th of March, 1851. ARTICLE IV. Ratifications, The present Convention shall be ratified as soon as possible, and shall remain without force or effect until it has received, as far as shall be required, the approval of the States-General. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. 624 NETHERLANDS. [Nor. 2, 1871. Aug. 3. 1888. Done at "the Hague, the second day of November, in the year of Our Lord One thousand eight hundred and seventy-one. (L.S.) E. A. J. HARRIS. (L.8.) L. GERICKE. (L.S.) VAN BOSSE. No. 123. ACCESSION OF THE DUTCH EAST INDIES TO THE INTERNATIONAL, UNION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. August 3, 1888. (No. 1.) The President of the Siviss Confederation to the Marquis of Salisbury. Excellence, Berne, le 3 Aotit, 1888. NOUS avons 1'honneur d'informer votre Excellence que le Gouvernement des Pays-Bas a decide d'acc^der, pour ses Colonies des Indes Orientales, a la Convention du 20 Mars, 1883, pour la protection de la propriete industrielle. La date d'accession est fixde au l er Octobre prochain. En priant votre Excellence de vouloir bien prendre note de ce qui precede, nous saisissons, &c. Au nom du Conseil Federal Suisse : Pour le President ds la Confederation. (Signe) SCHENK. Le Chancelier de la Confederation, (Signe) RINGIER. (No. 2.) The Marquis of Salisbury to the President of the Swiss Confederation. Sir, Foreign Office, August 8, 1888. I HAVE the honour to acknowledge the receipt of your Excellency's communication of the 3rd instant, and to acquaint you that Her Majesty's Government have taken note with satisfaction of the accession of the Netherland Government, on behalf of the Dutch East Indian Colonies, to the Convention of the 20th March, 1883, for the protection of industrial property. I have, &c. (Signed) SALISBURY. AuguBt 16,1889.] NETHERLANDS. 625 No. 124. CONVENTION BETWEEN GREAT BRITAIN AND THE NETHERLANDS, MODIFYING THE TREATY OF COMMERCE AND NAVIGATION OF OCTOBER 27, 1837, AS REGARDS CUSTOMS REGULA- TIONS. Signed at London, August 15, 1889*. [Ratifications exchanged at London, May 23, 1891.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Nether- lands, being desirous of modifying the Treaty of Commerce and Navigation between His Majesty the King of the Netherlands and Her Britannic Majesty, which was signed at the Hague on the 27th October, 1837, have appointed as their Plenipotentiaries to conclude a Convention for that purpose, that is so say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Marquis of Salisbury, K.G., Her Majesty's Principal Secretary of State for Foreign Affairs; His Majesty the King of the Netherlands, Charles Malcolm Ernest George, Count de Bylandt, Commander of the Order of the Netherlands Lion, Knight of the First Class of the Order of the Golden Lion of the House of Nassau, Grand Cross of the Oak Crown, &c., &c., His Envoy Extraordinary and Minister Plenipotentiary at London ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows : ARTICLE I. Calculation of Ad Valorem Duties. Most-favoured-nation Treatment. Article IV of Treaty of 1837 cancelled. Article IV of the above-mentioned Treaty of the 27th October, 1837, is cancelled, and the following provision is substituted therefor : As regards the calculation of ad valorem duties, and all other questions of Customs Regulations, Dutch goods imported into the United Kingdom of Great Britain and Ireland, and British goods imported into the Netherlands, * Signed also in Patch, [536] 2 S C26 NETHERLANDS. [Aug. 15, 1889. Feb. 23, 1893. shall be treated respectively in the same manner as goods of the most favoured nation in these respects. ARTICLE II. This Convention to be additional to Treaty 0/1837. The present Convention shall be considered additional to the above-mentioned Treaty of the 27th October, 1837, and shall have the same duration as that Treaty. Ratifications. It shall be ratified, and the ratifications shall be exchanged at London as soon as may be within the space of four weeks from the accomplishment of the formalities prescribed by the Constitution of the Netherlands. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London the fifteenth day of August, 1889. (L.S.) SALISBURY. (JUS.) C. VAN BYLANDT. No. 125. ACCESSION OF THE DUTCH COLONIES OF CURACAO AND SURINAM TO THE INTERNATIONAL, UNION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. February 28, 1890. (No. 1.) The President of the Swiss Confederation to the Marquis of Salisbury. Excellence, Berne j le 28 Fdvrier, 1890. Nous avoiis Fhonneur d'informer votre Excellence que le Gouvernement des Pays-Bas a decide d'aceeder, pour ses Colonies de Curacao et de Surinam, a la Convention dn 20 Mars, 1883, pour la Protection de la Propriete Industrielle. La date d'accession est fixee au l cr Juillet prochain. February 28, 1890.] NETHERLANDS. 627 August 15 En priant votre Excellence de vouloir bien prendre acte de cette accession, nous saisissons, &c. An noni du Conseil Federal Suisse : Le President de la Confederation, (Signe) L. RUCHONNET, Le Chancelier de la Confederation, (Signe) RINGIER. (No. 2.) The Marquis of Salisbury to the President of the Swiss Co nfederatio n . Sir, Foreign Office, March 13, 1890. I HAVE the honour to acknowledge the receipt of your Excellency's communication of the 28th ultimo, and to acquaint you that Her Majesty's Government have taken note of the accession of the Dutch Colonies of Curacao and Surinam to the Convention of the 20th March, 1883, for the Protection of Industrial Property. I have, &c. (Signed) SALISBURY. No. 126. EXCHANGE OF NOTES BETWEEN GREAT BRITAIN AND THE NETHERLANDS AS TO THE RECIPROCAL PROTECTION OF TRADE-MARKS IN CHINA. __ September 7 (No. 1.) Sir H. Howard to Baron de Lynden. M. le Ministre, The Hague, August 15, 1904. UNDER a British Order in Council of the 2nd of February, 1899, it is open to a foreigner whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British Consular Court, provided 1. That the consent in writing of the British Minister or Charge d' Affaires be obtained to the prosecution ; but 2. Such consent may be withheld unless the British Minister or Charge d' Affaires is satisfied that effectual provision exists for the punishment in Consular or other Courts in China of similar acts committed by the subjects of the State or Power of which such prosecutor is a subject. By correspondence with the French, German, and Italian Representatives at the Court of St. James, it has been ascr- [536] 2 s 2 628 NETHERLANDS. [sfS^V 1904 ' tained that provision exists for the punishment in the Consular Courts of France, Germany, and Italy in China of subjects of those countries^ should they infringe British trade-marks, and the necessary information has been given to His Majesty's .Representatives in Peking, and to the Representatives there of the above-mentioned countries to enable them to carry out the arrangements desired by their Governments for the mutual protection of their trade-marks. In view of these arrangements I am desired by the Mar- quess of Lansdowne to enquire of your Excellency whether the Netherlaud Government would be disposed to conclude a similar arrangement with His Majesty's Government. While expressing the hope that I may receive a favourable reply in this regard, and inclosing copies of the Order in Council of the 2nd February, 1899, as also of the corre- spondence which took place last year with the Italian Repre- sentative in London on the subject, I avail myself, &c. (Signed) HENRY HOWARD, (No. 2.) Baron de Lynden to Sir H. Howard. M, le Ministre, La Haye, le 7 Septembre, 1904. PAR son office du 15 Aout dernier votre Excellence a bien voulu me proposer d'arriver a une entente concernant la pro- tection reciproque des marques de fabrique et de commerce en Chine. En reponse j'ai 1'honneur de porter a la connaissance de votre Excellence que la Loi Neerlandaise protege les marques de fabrique et de commerce dument enregistrees dans le pays, quelle que soit la nationalite de leur proprietaire, et cela non seulement lorsque les infractions out etc commises dans le pays meme, mais aussi lorsqu'elles ont ete commises dans un pays soumis au regime de 1'exterritorialite, tel que la Chine. Le Gouvernement Britannique etant dispose de donner des instructions analogues a son Representant en Chine, j'ai informe le Ministre des Pays-Bas a Pekin que, dans le cas ou une marque de fabrique ou de commerce appartenant a un sujet ou protege Britannique, et dument enregistree aux Pays- Bas. serait contrefaite par un de ses ressortissants, cette infraction a la Loi Neerlandaise devra etre poursuivie devaiit le Tribunal Coiisulaire competent. En priarit votre Excellence de bien vouloir me faire savoir la suite que son Gouvernement aura donnee a cette affaire, je saisis, &c. (Signej Baron MEL VI L DE LYNDEN. July 28, 1905.] NICARAGUA, 629 NICARAGUA. No. 127. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN GREAT BRITAIN AND NICARAGUA. Signed at Managua , July 28, 1905.* [Ratifications exchanged at London^ August 24, 1906.] 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 Nicaragua ; Being desirous to extend and facilitate the relations of com- merce already existing between the two countries, have deter- mined to conclude a new Treaty with this object, and have ap- pointed as their Plenipotentiaries, that is to say : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, Herbert William Broadley Harrison, Esquire, Companion of the Most Distinguished Order of St. Michael and St. George, His Majesty's Charge d'Affaires in the Republic of Nicaragua ; and His Excellency the President of the Ptepublic of Nicaragua; Doctor Adolfo Altamirano, Minister of Foreign Affairs ; 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. Commerce and Navigation. National and Most-fawiired-nation Treatment. There shall be between the dominions and possessions of the two High Contracting Parties reciprocal freedom of commerce and navigation. The subjects or citizens of each of the two Parties shall have liberty freely to come with their ships and cargoes, to all places, ports, and rivers in the dominions and pos- sessions of the other to which native subjects or citizens generally are or may be permitted to come, and shall enjoy, respectively, the same rights, privileges, liberties, favours, immunities and exemptions in matters of commerce and navigation as are or may be enjoyed by native subjects or citizens generally, without having to pay any tax or impost greater than those paid by the same, and they shall be subject to the Laws and Regulations in force. * Signed also in Spanish. 630 NICARAGUA. [July 28, 1905. Coasting Trade. Most-favoured-nation Treatment. This stipulation shall not, however, apply to the coasting trade, in respect of which the subjects or citizens of the two Parties shall enjoy the treatment of the most favoured nation. ARTICLE If. San Juan del Norte no longer Free Port but to be open to Trade on same footing as other Niearaguan ports. The free port privileges at the Port of San Juan del Norte shall be abolished, but the port shall remain open to trade, the facilities for shipping shall be maintained and improved, and sufficient bonded warehouses shall be provided. As regards all the dues, taxes, and regulations affecting foreign trade and shipping and the system of municipal taxation, the poit shall be on the same footing as the other ports of the Eepublic. ARTICLE III. Imports : Duties and Prohibitions. Most-favoured-nalion Treatment. No other or higher duties or charges shall be imposed on the importation into the dominions and possessions of His Britannic Majesty of any article the produce or manufacture of the Republic of Nicaragua, from whatever place arriving, and no other or higher duties or charges shall be imposed on the importation into Nicaragua of any article the produce or manufacture of His Britannic Majesty's dominions and possessions, from whatever place arriving, than on the like articles produced or manufactured in any other foreign country ; nor shall any prohibition or restriction be maintained or imposed on the importation of any article the produce or manufacture of the dominions and possessions of either of the High Contracting Parties into the dominions and possessions of the other, from whatever place arriving, which shall not equally extend to the importation of the like articles being the produce or manufacture of any other foreign country. This last provision is not applicable to the sanitary and other prohibitions occasioned by the necessity of securing the safety of persons or of cattle, or of plants useful to agriculture. ARTICLE IV. Exports: Duties and Prohibitions. Most-favoured-nation Treatment. No other or higher duties or charges shall be imposed in the dominions and possessions of either of the High Contracting Parties on the exportation of any article to the dominions and possessions of the other, than such as are or may be payable on the exportation of the like article to any other foreign country ; nor shall any prohibition be imposed on the exportation of any article from July 28, 1905.] NICA RAGU A. 631 the dominions and possessions of either of the two High Con- tracting Parties to the dominions and possessions of the other, which shall not equally extend to the exportation of the like article to any other foreign country. ARTICLE V. Transit Duties, Warehousing, Bounties, Draiubacks, &c. - National and Mo at- favoured-nation Treatment. The subjects or citizens of each of the High Contracting Parties shall enjoy, in the dominions and possessions of the other, perfect equality of treatment with native subjects or citizens or subjects or citizens of the most favoured nation in all that relates to exemption from transit ditties, warehousing, bounties, facilities, and drawbacks. ARTICLE VI. Import* in Vessels of either Country. National Treatment. All articles which are or may be legally imported into the ports of the dominions and possessions of His Britannic Majesty in British vessels may be imported into those ports in Nica- raguan vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in British vessels ; and similarly all articles which are or may be legally imported into the ports of Nicaragua in Nicaraguan vessels may be imported into those ports in British vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Nicaraguan vessels. Such equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other place. Exports in Vessels of either Country. National Treatment. In the same manner, there shall be perfect equality of treat- ment in regard to exportation, so that the same export duties and railway charges shall be paid, and the same bounties and drawbacks allowed, in the dominions and possessions of either of the High Contracting Parties on any article intended for exportation which is or may be legally exported therefrom, whether such exportation shall take place in Nicaraguan or in British vessels, and whatever may be the place of destination, whether a port of either of the High Contracting Parties or of any third Power. ARTICLE VII. Tonnage, Harbour, Pilotage, Lighthouse, Quarantine, ite., Dues. National Treatment. No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or other similar or corresponding duties of whatever nature, or 632 NICARAGUA, [July 28, 1905. under whatever denomination, levied in the name or for the profit of government, public functionaries, private individuals, corporations, or establishments of any kind, shall be imposed in the ports of the dominions and possessions of either country upon the vessels of the other country, which shall not equally and under the same conditions be imposed in the like cases on national vessels in general. Such equality of treatment shall apply to the respective vessels, from whatever port or place they may arrive and whatever may be their place of destination. ARTICLE VIII. Stationing^ Loading and Unloading of Vessels. National Treatment. In all that regards the stationing, loading, and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and possessions of the two countries, no privilege shall be granted to national vessels which shall not be equally granted to vessels of the other country ; the intention of the High Contracting Parties being that in this respect also the respective vessels shall be treated on the footing of perfect equality. ARTICLE IX. Vessels in Distress. Wrecks and Salvage. National Treatment. Any ship of war or merchant-vessel of either of the High Contracting Parties which may be compelled by stress of weather, or by accident, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary stores, and to put to sea again, without paying any dues other than such as would be payable in a similar case by a national vessel. In case, however, the master of a merchant -vessel should be under the necessity of disposing of a part of his merchandize in order to defray his expenses, he shall be bound to conform to the Regulations and Tariffs of the place to which he may have come. If any ship of war or merchant-vessel of one of the High Contracting Parties should run aground or be wrecked upon the coasts of the other, such ship or vessel, and all parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize saved therefrom, including any which may have been cast into the sea, or the proceeds thereof if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents when claimed by them. If there are no such owners or agents on the pot, then the same shall be delivered to the British or Nicaraguan Consular officer in whose district the wreck or stranding may have taken place, upon being claimed by him within the period fixed by the laws of the country ; and such Consular officers, owners, or agents shall pay only the July 28, 1905.] NICARAGUA. 633 expenses incurred in the preservation of the property, together with the salvage orother expenses which would have been payable in the like case of a wreck of a national vessel. The goods and merchandize saved from the wreck shall be exempt from all duties of customs, unless cleared for consumption, in which case they shall pay the same rate of duty as if they had been imported in a national vessel. In the case either of a vessel being driven in by stress of weather, run aground or wrecked, the respective Consular officers shall, if the owner or master or other agent of the owner is not present, or is present and requires it, be authorized to interpose in order to afford the necessary assistance to their fellow-country- men. ARTICLE X. -National Vessels. All vessels which, according to British law, are to be deemed British vessels, and all vessels which, according to Nicaraguan law, are to be deemed Nicaraguan vessels shall, for the purposes of this Treaty, be deemed British and Nicaraguan vessels respectively. ARTICLE XL Commerce and Navigation and Industry. Most-favoured- nation Treatment, The High Contracting Parties agree that, in all matters relating to commerce, navigation, and industry, any privilege, favour, or immunity whatever which either High Contracting Party has actually granted or may hereafter grant to any other foreign State, shall be extended immediately and unconditionally to the subjects or citizens of the other Contracting Party ; it being their intention that the commerce, navigation, and industry of each country shall be placed, in all respects, by the other on the footing of the most favoured nation. ARTICLE XII. Appointment and Privileges of Consular Officers. Most- favoured-nation Treatment. It shall be free to each of the High Contracting Parties to appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents to reside in the towns and ports of the dominions and possessions of the other. Such Consuls-General, Consuls, Yice- Consuls, and Consular Agents, however, shall not enter upon their, functions until after they shall have been approved and admitted in the usual form by the Government to which they are sent. They shall enjoy all the faculties, privileges, exemptions, and immunities of every kind which are or. shall be granted to Consuls of the most favoured nation, 634 NICARAGUA. [July 28, 1905. ARTICLE XIII. * Freedom of Travel, Residence. Hiring of Houses, Warehouses, &c. Transaction of Business. Employment of Agents. Taxes, Passports, &c. National and Most-favoured-nation Treatment. The subjects or citizens of each of the High Contracting Parties who shall conform to the laws of the country 1. Shall have full liberty, with their families, to enter, travel, or reside in any part of the dominions and possessions of the other High Contracting Party. 2. They shall be permitted to hire or possess the houses, manu- factories, warehouses, shops, and premises which may be necessary for them. 3. They may carry on their commerce either in person or by any agents whom they may think fit to employ. 4. They shall not be s-ubject in respect of their persons or property, or in respect of passports, 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 favoured nation. AETICLE XIV. Exemption from Military Service, Municipal functions, Forced jLoans, -<&c. Duties, cC*c., on Property. National and Most- favo ured- nation Treatment. The subjects or citizens of each of the High Contracting Parties in the dominions and possessions of the other shall be exempted from all compulsory military service whatever, whether in the array, navy, national guard, or militia. They shall be equally exempted from all judicial and municipal functions what- ever 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. In all other cases their personal and real property cannot be subjected to other charges or imposts than those that may be. or have been exacted from the subjects or citizens of the country or from subjects or citizens of the most favoured nation. ARTICLE XV. Acquisition and Disposed of Property. National Treatment. The subjects or citizens of each of the High Contracting Parties in the dominions and possessions of the other shall be at full liberty to exercise civil rights, and therefore to acquire, possess, and dispose of every description of property, movable and immov- able. They may acquire and transmit the same to others, whether by purchase, sale, donation, exchange, marriage, testament, succes- July 28, 1905.] NICARAGUA. 635 sion ah intestate, and in any other manner, under the same condi- tions as national subjects or citizens. Their heirs may succeed to and take possession of it, either in person or by procurators, in the same legal forms and in the same mariner as subjects or citizens of the country. In none of these respects shall they pay upon the value of such property any other or higher impost, duty, or charge than-is or shall be payable by subjects or citizens of the country. In every case the subjects or citizens of the High Contracting Parties shall be permitted to export their property, or the proceeds thereof if sold, freely and without being subjected on such exportation to pay any duty different from that to which subjects or citizens of the country are or shall be liable under similar circumstances. AETICLE XVI. Inviolability of Dwellings, c5c. The dwellings, manufactories, warehouses, and shops of the subjects or citizens of each of the High Contracting Parties in the dominions and possessions of the other, and all premises appertain- ing thereto destined for purposes of residence or commerce, shall be respected. Domiciliary Visits, &c. National and Most-favoured-nation Treatment. It shall not be allowable 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 favoured nation, Administration of Justice. National Treatment. The subjects or citizens of each of the two High Contracting Parties in the dominions and possessions 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 ; they shall enjoy the same treatment as native subjects or citizens in all that concerns deposits, sureties, and fees in legal cases, and shall, in the same manner as native subjects or citizens, be at liberty to employ, in all causes, their advocates, attorneys, or agents from among the persons admitted to the exercise of those professions according to the laws of the country. AETICLE XVI L Trade-marks, &c. National Treatment. The subjects or citizens of each of the High Contracting Parties shall have in the dominions and possessions of the other, the same 636 NICARAGUA. [July 28, 1905. rights as native subjects or citizens in regard to patents for inven- tions, trade-marks, and designs, upon fulfilment of the formalities prescribed by law. ARTICLE XVIII. Seizure of Goods bearing False Indications of Origin. All goods bearing marks or descriptions which state, or manifestly suggest, that the goods are the produce or manu- facture of one of the Contracting States, shall, if such statement or suggestion be false, be seized on importation into either of the two States. The seizure may also be effected in the State where the false indication of origin has been applied, or in that into which the goods bearing the false indication may have been imported. The seizure shall be effected either at the request of the proper Government Department or of an interested party, whether an individual or a society, in con- formity with the domestic legislation of each State' but the authorities are not bound to effect the seizure of goods in transit. The Tribunals of each country shall decide what appellations, on account of their generic character, do not fall within the provisions of the present Article. ARTICLE XIX. Seamen Deserters. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of each of the High Contracting Parties, residing in the dominions and possessions of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respec- tive countries. ARTICLE XX. Application of Treaty to Colonies. The stipulations of the present Treaty shall not be applicable to any of His Britannic Majesty's Colonies or possessions beyond the seas unless notice to that effect shall have been given, on behalf of any such Colony or possession, by His Britannic Majesty's Representative in the Republic of Nicaragua to the Nicaraguan Minister for Foreign Affairs, within one year from the date of the exchange of the ratifications of the present Treaty. It is understood that, under the provisions of this Article, His July 28, 1905.] NICARAGUA. 637 Majesty's Government can, in the same manner, give notice of adhesion on behalf of any British Protectorate or sphere of influence, or on behalf of the Island of Cyprus, in virtue of the Convention of the fourth of June, eighteen hundred and seventy- eight, between Great Britain and Turkey, AKTICLE XXI. Duration of Treaty. The present Treaty 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 expiration of the said period of ten years of the intention to terminate the present Treaty, 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. His Britannic Majesty's Government shall also have the right to terminate separately the present Treaty at any time on giving twelve months' notice to that effect, on behalf of any British Colony, possession, or dependency, as specified in Article XX, which may have acceded thereto. AKTICLE XXII. Ratifications. The present Treaty shall be ratified, and the ratifications shall be exchanged at London, within the period of one year from the date of signature. Done in duplicate at Managua, this 28th day of July, in the year .one thousand nine hundred and five. In witness whereof the respective Plenipotentiaries have signed the present Treaty, and have affixed thereto their seals. (L.S.) HEKBEET HARKISON (L.S.) ADOLFO ALTAMIRANO. PROTOCOL. THE Undersigned, Plenipotentiaries of the High Contracting Parties of the Treaty of Friendship, Commerce, and Navigation signed between the United Kingdom of Great Britain and Ireland and the Eepublic of Nicaragua this day, have agreed as follows : 638 NICARAGUA. [July 28, 1905. I. Exception of Central American Republics from Most- favoured- nation Treatment. It is declared that in all cases in which the provisions of the said Treaty grant treatment of the most favoured nation, the term shall not be held to include the Central -American Eepublics. IT. Stipulations of Article II of Treaty as to San Juan del Norte to be permanent. It is declared that the stipulations in Article II of the said Treaty, with respect to the port of San Juan del Norte, are per- manent. III. Custom-house Bonds at San Juan del Norte. The Nicaragua!! Government will give Custom-house Bonds to the merchants at the port of San Juan del ISTorte, for a sum equal to that which they have paid as commercial tax during the last ten years. The merchants will pay Custom-house duties with these Bonds until the said Bonds are extinguished. The value of the Bonds assigned to each merchant will be the sum he has paid as commercial tax during the last ten years, and it is understood that to those who have been tax-paying merchants during a shorter time, will be assigned the sum corresponding .to that time. IV. Countervailing Duties and Bounties. It is understood that nothing contained in the Treaty signed this day shall be held to prevent the Government of either country from taking such steps as they may judge expedient, either by way of countervailing duties or otherwise, to neutralize the effect of bounties granted, either directly or indirectly, on the production or exportation of goods. Signed at Managua, this 28th day of July, one thousand nine hundred and five. HERBERT HARRISON. ADOLFO ALTAMIRANO. July 16, 182-J-. NORWAY. 639 NORWAY. No. 128. DECLARATION FOR THE ABOLITION OF CERTAIN DUES AFFECTING BRITISH COMMERCE, IN THE PORTS OF NORWAY. July 16, 1824. Vessels and Cargoes. National and Most-fawured-nation Treat- ment. Harbour, Lighthouse, Pilotage, &c., Dues. National Treatment. LE Ministere du Roi, venant d'acquerir la certitude, qu'en vertu d'un Ordre de Conseil de Sa Majeste Britannique, emane le 23 Juin, les batimens marchands Norvegiens ont ete mis dans les ports de la Grande Bretagne et de 1'Irlande, snr un. pied de reciprocite parfaite avec les nationaux, le Soussigne Secretaire d'Etat, remplissant les fonctions de Chancelier de la Cour de Sa Majeste le Roi de Suede et de Norvege, a I'hon- neur de declarer orficiellement a M. le General Bloomfield, Envoye Extraordinaire et Ministre Plenipoteiitiaire de Sa Majeste Britannique, en reponse a sa note en date d'hier : Que les batimens de commerce Aiiglois, arrivant dans les ports du Royaume de Norvege, ou sortant des dits Ports, ainsi que leurs cargaisons, coiitinueront comme par le passe, a jouir des a vantages accordes aux nations dites privilegiees, de maniere qu'ils ne sont point soumis a des droits quelconques, d' entree ou de sortie, de ports, de fanaux ou de pilotage, &c., plus hauts ou autres que ceux payables par les nationaux ; Que le lieu de depart ou de destination des navires, ainsi que le lieu de production ou de fabrication des marchaiidises (pourvu que leur importation soit permise en general) ii'ap- porteront en Norvege aucune restriction a la susdite stipu- lation ; Et que la parite existante exit re les batimens nationaux, et les vaisseaux de commerce Anglois, s'etend eii Norvege, 11011 seulement aux droits payables a la Couronne, niais aussi a ceux appeles tconomiques, payables a des villes et des com- munautes. Le Soussigne saisit cette occasion pour renonveller a M. le General Bloomfield, 1'assurance deja donnee, que dans les ports de Norvege, il n'a point ete impost de charge nouvelle 640 NORWAY. [July 16, 1821. quelconque sur le commerce Anglois, et que celui-ci a deja joui depuis plnsieurs aimees, sans interruption ni restriction, des a vantages sus-mentionnes. En priant M. le General Bloomlield de vouloir bien porter Je contenu de cette note a la connoissance de son Gouvernement, le Soussigne le prie en meme terns d'agreer, &c. D. DE SCHULZENHEIM. M. LE GENERAL BLOOMFIELD, &c. Hehinglourg, le 16 Juillet, 1824. October 16, 188 1.] PARAGUAY, 641 PARAGUAY. Mo. 129. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN GREAT BRITAIN AND PARAGUAY. Signed at Assumption, October 16, 1884.* [Ratifications exchanged at Buenos Ayres, May 10, 1886.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and his Excellency the President of the Republic of Paraguay, being desirous of maintaining and strengthen- ing the relations of good understanding which at present subsist between them, and of promoting commercial intercourse between the dominions of Her Britannic Majesty and the territories of the Republic, have resolved to conclude a Treaty of Friendship, Com- merce, and Navigation, and have named as their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Honourable Edmund John Monson, Companion of the Most Honourable Order of the Bath, Her Majesty's Minister Plenipotentiary to the Republic of Paraguay ; And his Excellency the President of the Republic of Paraguay, his Excellency Don Jose Segundo Decoud, Knight Grand Cross of the Order of Isabel the Catholic, his Minister Secretary of State in the Department of Foreign Affairs ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles : ARTICLE I. Peace and Friendship. There shall be perfect peace and sincere friendship between the United Kingdom of Great Britain and Ireland and the Republic of Paraguay, and between the subjects and citizens of both States, * Signed also in Spanish. [536] 2 T !AtlAGtTAY. [October 1, 1884. without exception of persons or of places. The High Contracting Parties shall use their best endeavours that this friendship and good understanding may be constantly and perpetually maintained. ARTICLE II. Commerce and Navigation. Most-favoured-nation Treatment. The Contracting Parties agree that, in all matters relating to commerce and navigation, any privilege, favour, or immunity whatever which either Contracting Party has actually granted or may hereafter grant to the subjects or citizens of any other State shall be extended immediately and unconditionally to the subjects or citizens of the other Contracting Party ; it being their intention that the trade and navigation of each country shall be placed, in all respects, by the other on the footing of the most favoured nation. ARTICLE III. Imports.- Most-fawured-n ation Treatm ent. The produce and manufactures of, as well as all goods coining from, the dominions and possessions of Her Britannic Majesty, which are imported into Paraguay, and the produce and manufac- tures of, as well as goods coming from Paraguay, which are imported into the dominions and possessions of Her Britannic Majesty, whether intended for consumption, warehousing, re- exportation, or transit, shall be treated in the same manner as, and, in particular, shall be subjected to no higher or other duties, whether general, municipal, or local, than the produce, manufac- tures, and goods of any third country the most favoured in this respect. Exports. Most-favourcd-na tion Treatment. No other or higher duties shall be levied in Paraguay on the exportation of any goods to the dominions and possessions of Her Britannic Majesty, or in the dominions and possessions of Her Britannic Majesty, on the exportation of any goods to Paraguay than may be levied on the exportation of the like goods to any third country the most favoured in this respect. Prohibitions of Importation, Exportation, or Transit. Most- favoured-nation Treatment. Neither of the Contracting Parties shall establish a prohibition of importation, exportation, or transit against the other which shall not, under like circumstances, be applicable to any third country the most favoured in this respect. October 16, 1884.] PARAGUAY. 643 Local Dues, Customs Formalities, Brokerage, Commercial Travellers' Samples, &c. Most-favoured-nation Treatment. In like manner, in all that relates to local dues, customs formalities, brokerage, patterns or samples introduced by com- mercial travellers, and in all other matters connected with trade, British subjects in Paraguay, and Paraguayan citizens in_ the dominions and possessions of Her Britannic Majesty, shall enjoy most-favoured-nation treatment. ARTICLE IV. Vessels and Cargoes. National Treatment. British ships and their cargoes shall, in Paraguay, and Para- guayan vessels and their cargoes shall, in the dominions and possessions of Her Britannic Majesty, from whatever place arriving and whatever may be the place of origin or destination of their cargoes, be treated in 'every respect as national ships and their cargoes. Harbour, &c., Daes. Pilotage. National and Most-favoured-nation Treatment. The preceding stipulation applies to local treatment, dues, and charges in the ports, basins, docks, roadsteads, harbours, and rivers of the two countries, pilotage, and generally to all matters con- nected with navigation. Every favour or exemption in these respects, or any other privilege in matters of navigation, which either of the Contracting Parties shall grant to a third Power shall be extended immediately and unconditionally to the other Party. National Vessels. All vessels which according to British law are to be deemed British vessels, and all vessels which according to the law of Paraguay are to be deemed Paraguayan vessels, shall, for the purposes of this Treaty, be respectively deemed British or Para- guayan vessels. ARTICLE V. Trade-marks, &c. National and Most-favoured-nation Treatment. The subjects or citizens of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as natives, or as subjects or citizens of the most favoured nation, in regard to patents or inventions trade-marks, and designs, upon fulfilment of the formalities prescribed by law. [536] 2 T 2 644 PARAGUAY, [October 16, 1884. AETICLE VI. Acquisition and Disposal of Property. Imposts, Duties, &c. Na tiona I Trcatm cut. The subjects or citizens of each of the Contracting Parties who reside permanently or temporarily in the dominions or possessions of the other shall be at full liberty to exercise civil rights, and therefore to acquire, possess, and dispose of every description of property, movable and immovable. They may acquire and transmit the same to others, whether by purchase, sale, donation, exchange, marriage, testament, succession ab intestato, and in any other manner, under the same conditions as natives of the country. Their heirs may succeed to and take possession of it, either in person or by procurators, in the same manner and in the same legal forms as natives of the country. In none of these respects shall they pay upon the value of such property any other or higher impost, duty, or charge than is pay- able by natives of the country. In every case the subjects or citizens of the Contracting Parties shall be permitted to export their property, or the proceeds thereof if sold, freely and without being subjected on such exportation to pay any duty different from that to which natives of the country are liable under similar circumstances. AETICLE VII. Inviolability of Dwellings, tj*c. Domiciliary Visits. Adm iinstfmwn of Justice. National Treatment. The dwellings, manufactories, warehouses, and shops of subjects or citizens of each of the Contracting Parties in the dominions and possessions of the other, and all premises appertaining thereto destined for purposes of residence or commerce, shall be respected. It shall not be allowable to proceed 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 natives of the country. The subjects or citizens of each of the two Contracting Parties in the dominions and possessions 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, and shall, like them, be at liberty to employ, in all causes, their advocates, attorneys, or agents from among the persons admitted to the exercise of those professions according to the laws of the country. AETICLE VIII. Exemption from Military Service, Forced Loans, $c. The subjects of each of the Contracting Parties in the dominions and possessions of the other shall be exempted from October 16, 1884.] PARAGUAY. 645 billeting and from all compulsory military service whatever, whether in the army, navy, or national guard or militia. They shall likewise be exempted from all contributions, whether pecuniary or in kind, imposed as a compensation for billeting and for personal service, and finally from forced loans and military exactions or requisitions of any kind. AKTICLE IX. Protection of Persons and Property. National Treatment. The subjects or citizens of either of the two Contracting Parties residing in the dominions and possessions of the other shall enjoy, in regard to their houses, persons, and properties the protection of the Government in as full and ample a manner as native subjects or citizens. Liberty of Conscience. In like manner the subjects or citizens of each Contracting Party shall enjoy in the dominions and possessions of the other full liberty of conscience, and shall not be molested on account of their religious belief ; and such of those subjects or citizens as may die in the territories of the other Party shall be buried in the public cemeteries, or in places appointed for the purpose, with suitable decorum and respect. Freedom of Religious Worship. The subjects of Her Britannic Majesty residing within the territories of the Republic of Paraguay shall be at liberty to exercise in private and in their own dwellings, or within the dwellings or offices of Her Britannic Majesty's Consuls or Vice- Consuls, or in any public edifice set apart for the purpose, their religious rites, services, and worship, and to assemble therein for that purpose without hindrance or molestation. ARTICLE X. Appointment and Pr-ivileyc* of Consular Officers. Most-favoured- Treatment. Each of the Contracting Parties may appoint Consuls-General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents to reside respectively in towns or ports in the dominions and possessions of the other Power. Such Consular officers, however, shall not enter upon their functions until after they shall have been approved and admitted in the usual form by the Government to which they are sent. They shall exercise whatever functions, and enjoy whatever privileges, exemptions, and immunities are, or may hereafter be, granted there to Consular olncea of the most favoured nation. 646 PARAGUAY. [October 16, 1884, ARTICLE XT, Intestate Estates. In the event of any subject or citizen of either of the two Con- tracting Parties dying without will or testament in the dominions and possessions of the other Contracting Party, the Consul- General, Consul, or Vice- Consul of the nation to which the deceased may belong, or, in his absence, the representative of such Consular officer, shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named by the said Consul-General, Consul, or Vice- Consul, or his representative. ARTICLE XII. Seamen Deserters. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of each of the Contracting Parties residing in the dominions and possessions of the other shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries, ARTICLE XIII. Vessels in Distress. Wrecks and Salvage. National Treatment. Any ship of war or merchant-vessel of either of the Contracting Parties which may be compelled, by stress of weather or by accident, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary stores, and to continue their voyage, without paying any dues other than such as would be payable in a similar case by a national vessel. In case, how- ever, the master of a merchant- vessel should be under the necessity of disposing of a part of his merchandize in order to defray his expenses, he shall be bound to conform to the legulations and tariffs of the place to which he may have come. If any ship of war or merchant-vessel of one of the Contracting Parties should run aground or be wrecked within the territory of the other, such ship or vessel, and all parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize saved therefrom, including any which may have been cast out of the ship, or the proceeds thereof if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents when claimed by them. If there are no such owners or agents on the spot, then the same shall be delivered to the British or Paraguayan Consul- General, Consul,, Vice-Consul, or Consular Agent in whose district October 16, 1854.] PARAGUAY. 647 the wreck or stranding may have taken place, upon being claimed by him within the period lixed by the laws of the country : and such Consuls, owners, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the like case of a wreck of a national vessel. The goods and merchandize saved from the wreck shall be exempt from all duties of customs, unless cleared for consumption, in which case they shall .pay the same rate of duty as if they had been imported in a national vessel. In the case either of a vessel being driven in by stress of weather, run aground, or wrecked, the respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall, if the owner or master or other agent of the owner is not present, or is present and requires it, be authorized to interpose in order to afford the necessary assistance to their fellow-countrymen. ARTICLE XIV. Rupture of Friendly Relations. Position of Persons and Property. National Treatment. For the better security of commerce between the subjects of Her Britannic Majesty and the citizens of the Eepublic of Paraguay, it is agreed that if at any time any interruption of friendly intercourse, or any rupture, should unfortunately take place between the two Contracting Parties, the subjects or citizens of either of the said Contracting Parties who may be established in the dominions or territories of the other, in the exercise of any trade or special employment, shall have the privilege of remaining and continuing such trade or employment therein, without any manner of interruption, in full enjoyment of their liberty and property, so long as they behave peacefully and commit no offence against the laws ; and their goods, property, and effects, of what- ever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other charges or 'demands than those which may be made upon the like goods, property, and effects belonging to native subjects or citizens. Should they, however, prefer to leave the country, they shall be allowed to make arrange- ments for the safe keeping of their goods, property, and effects, or to dispose of them, and to liquidate their accounts ; and a safe- conduct shall be given them to embark at the ports which they shall themselves select. AETICLE XV. Application of Treaty to British Colonies, &c. The stipulations of the present Treaty shall be applicable to all the Colonies and foreign possessions of Her Britannic Majesty, 648 PABAGTJAY. [October 16, 1884 so far as the laws permit, excepting to those hereinafter named, that is to say, except to The Dominion of Canada. Newfoundland. New South Wales. Victoria. South Australia. Western Australia. Tasmania. Queensland. New Zealand. The Cape. Natal Provided always that the stipulations of the present Treaty shall be made applicable to any of the above-named Colonies or foreign possessions on whose behalf notice to that effect shall have been given by Her BritaiiDic Majesty's Representative in Paraguay to the Paraguayan Minister for Foreign Affairs within two years from the date of the exchange of the ratifications of the present Treaty. ARTICLE XVI. Duration of Treaty. The present Treaty shall continue in force during ten years, counted from the day of the exchange of the ratifications ; and in case neither of the two Contracting Parties shall have given notice twelve months before the expiration of the said period of ten years of their intention of terminating the present Treaty, it shall remain in force until the expiration of one year from the clay on which either of the Contracting Parties shall have given such notice. ARTICLE XVII. Ratifications. The present Treaty shall be ratified by Her Majesty the Queen of Great Britain and Ireland and by his Excellency the President of the Republic of Paraguay, and the ratifications shall be exchanged at Assumption or at Buenos Ayres as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Assumption, on the sixteenth day of October, in the year of Our Lord one thousand eight hundred and eighty- four. (L.S.) EDMUND MONSON. (L.S.) JOSfi S. DECOUD. October 16, 1884.] PARAGUAY. 649 PROTOCOL. Province of Matto-Grosso. Navigation of Rivers Paraguay and Parana. IN proceeding to the signature this day of the Treaty of Friendship, Commerce, and Navigation between Her Britannic Majesty and the Republic of Paraguay, the undersigned Pleni- potentiaries of the High Contracting Parties declare thai, the stipulations of Article III of the said Treaty shall not be under- stood to confer upon the subjects of Her Britannic Majesty the exceptional privileges of free trade reserved by Article XIII of the Treaty of the 7th June, 1883, between the Republic of Paraguay and the Emperor of Brazil in favour, of the Province of Matto-Grosso. The undersigned Plenipotentiaries further declare that the stipulations of Articles II and IV of the Treaty now concluded shall be understood to open the free navigation of the Rivers Paraguay and Parand, including the coasting-trade, to British vessels, but that the said stipulations shall not be understood to confer upon the owners of steam-ships plying between British and Paraguayan ports the right to claim any such especial privileges or subventions as either one of the High Contracting Parties shall, in the exercise of their judgment, consider it expedient to grant to other lines for specified ends and purposes. Done in duplicate at Assumption, this sixteenth day of October, in the year of Our Lord one thousand eight hundred and eighty-four. (L.S.) EDMUND MONSON. (I,S.) JOSE S. DECOUD. PROTOCOL. Stipulations of Treaty of October 16 3 1884, inapplicable to British India. THE undersigned Plenipotentiaries respectively of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and of the Republic of Paraguay, having met together for the purpose of exchanging the ratifications of the Treaty of Friendship, Commerce, and Navigation between the above- named Powers, signed at Assumption on the 16th day of October, 1884, and being duly empowered by their respective Govern- ments to make the following Declaration, hereby agree that it shall be understood that Her Majesty's Indian Empire shall not be included in the operation of the Treaty, and that all the provisions and stipulations of the Treaty shall be inapplicable to Her Majesty's Indian Empire, in the same manner and to the same 'extent as if the said Empire had been included in the specific list of those Colonies and foreign possessions of Her 650 PARAGUAY. [Oct. 16, 1884. July 19, 1890. Majesty contained in Article XV of the Treaty. And it is hereby agreed by the Undersigned that the understanding recorded in the present instrument shall have the same force, and shall be as binding upon the High Contracting Parties, as if ifc had been originally included in the Treaty. In witness whereof the respective Plenipotentiaries have signed the same in duplicate, and have affixed thereto the seal of their arms, Done at Buenos Ay res, on the tenth day of May in the year of Our Lord one thousand eight hundred and eighty-six. (L.S.) F. J. PAKENHAM. (L.S.) CARLOS SAGUIER. No. 130, AGREEMENT BETWEEN GREAT BRITAIN AND PARAGUAY RECORDING THE ACCESSION OF CERTAIN BRITISH COLONIES TO THE TREATY OF OCTOBER 16, 1884, WITH THE EXCEPTION OF ARTICLE VIII. Signed at Assumption, July 19, 1890. WHEREAS by Article XV of the Treaty of Friendship, Com- merce, and Navigation between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and his Excellency the President of the Republic of Paraguay, signed on the 16th October, 1884, the ratifications whereof were exchanged on the 10th May, 1886, provision was made for the accession to the said Treaty of certain British Colonies ; and whereas the Govern- ment of Paraguay have agreed that any of the said British Colonies may accede under the condition that, notwithstanding such accession, they shall not be bound by the stipulations of Article VIII of the said Treaty, the Undersigned, his Excellency Francis John Pakenham, Her Britannic Majesty's Minister Plenipotentiary to the Republic of Paraguay, and his Excellency Juan Crisostomo Centurion, Minister for Foreign Affairs of the Republic of Paraguay, have agreed as follows : The following British Colonies, that is to say : Newfoundland, Victoria, Western Australia, Tasmania, Queensland, Cape of Good Hope, and Natal, July 19, 1890.] PAKAGUAY. 651 accede to the said Treaty of the 16th October, 1884, under the condition that they shall not be bound by the stipulations contained in Article VIII thereof ; and the provisions of the said Treaty, with the exception of Article VIII, are hereby made applicable to the said Colonies from the date of the signature of the present Agreement. Done in duplicate at Assumption, the nineteenth of July, one thousand eight hundred and ninety. JUAN C. CENTUKION. F. J. PAKENHAM. THE FOLLOWING COLONIES HAVE NOT ACCEDED TO THE TREATY : 1. South Australia. 2. New South Wales. 3. Canada. 4. New Zealand. 652 PERSIA, [March 4, 1857. PERSIA. No. 131. TREATY OF PEACE BETWEEN GREAT BRITAIN AND PERSIA. Signed, at Paris, March 4, 185 tt * [Ratifications exchanged at Bagdad, May 2, 1857.] In the Name of God the Almighty, the All-Merciful. HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty, whose Standard is the Sun, the Sacred, the August, the Great Monarch, the absolute King of Kings of all the States of Persia, being both equally and sincerely animated by a desire to put a stop to the evils of a war which is contrary to their friendly wishes and dispositions, and to re-estab- lish on a solid basis the relations of arnity which had so long existed between the two exalted States, by means of a Peace calculated for their mutual advantage and benefit, have appointed as their Plenipotentiaries, for carrying into effect this desired object, the following, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Henry Richard Charles, Baron Cowley, a Peer of the United Kingdom, a Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, Her Majesty's Ambassador Extraordinary and Plenipotentiary to His Majesty the Emperor of the French, &c., &c., &c. ; And His Majesty the Shah of Persia, His Excellency the Abode of Greatness, the Favourite of the King, Ferokh Khan, Ameen Oolmoolk, the Great Ambassador of the Mighty State of Persia, the Possessor of the Royal Portrait, and of the Blue Cordon, the Bearer of the Diamond-studded Girdle, &c., &c., &c. ; * Signed also in Persian. March 4, 1857.] PERSIA. 653 Who, having exhibited and exchanged their full powers, and found them to be in due form, have agreed upon and concluded the following Articles : ARTICLE I. Peace and Friendship. From the day of the exchange of the ratifications of the present Treaty, there shall be perpetual peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the one part, and His Majesty the Shah of Persia, on the other, as likewise between their respective successors, dominions, and subjects. ARTICLE II. Evacuation of Persian Territory. Peace being happily concluded between Their said Majesties, it is hereby agreed that the forces of Her Majesty the Queen shall evacuate the Persian territory, subject to conditions and stipulations hereafter specified. ARTICLE III. Release of Prisoners of War. The High Contracting Parties stipulate that all prisoners taken during the war by either belligerent shall be immediately liberated. ARTICLE IV. Amnesty. His Majesty the Shah of Persia engages, immediately on the exchange of the ratifications of this Treaty, to publish a full and complete amnesty, absolving all Persian subjects who may have in any way been compromised by their intercourse with the British forces during the war, from any responsibility for their conduct in that respect, so that no persons, of whatever degree, shall be exposed to vexation, persecution, or punishment on that account. ARTICLE V. Withdrawal of Persian Troops from Herat and Afghanistan, &c. His Majesty the Shah of Persia engages further to take immediate measures for withdrawing from the territory and city of Herat, and from every other part of Afghanistan, the Persian 6 54 PERSIA. [March 4, 1857. troops and authorities now stationed therein ; such withdrawal to be effected within three months from the date of the exchange of the ratifications of this Treaty. ARTICLE VI. Eelinquishment of Persian Claims to Sovereignty over Herat and Afghanistan. His Majesty the Shah of Persia agrees to relinquish all claims to sovereignty over the territory and city of Herat and the countries of Affghanistan, and never to demand from the Chiefs of Herat, or of the countries of Affghanistan, any marks of obedience, such as the coinage, or " khotbeh," or tribute. Non-interference of Persia in Affairs of Afghanistan. Recognition by Persia of Independence of Herat and Afghanistan. His Majesty further engages to abstain hereafter from all interference with the internal affairs of Affghanistan. His Majesty promises to recognise the independence of Herat, and of the whole of Affghanistan, and never to attempt to interfere with the independence of those States. Friendly Offices of British Government in Differences between Persia and Herat and Affghanistan. In case of differences arising between the Government of Persia and the countries of Herat and Affghanistan, the Persian Government engages to refer them for adjustment to the friendly offices of the British Government, and not to take up arms unless those friendly offices fail of effect. British Influence to be Used to Prevent Differences between Affghanistan and Persia. The British Government, on their part, engage at all times to exert their influence with the States of Affghanistan, to prevent any cause of umbrage being given by them, or by any of them, to the Persian Government ; and the British Government, when appealed to by the Persian Government, in the event of difficulties arising, will use their best endeavours to compose such differences in a manner just and honourable to Persia. AETICLE VII Course to be Pursued in Event of Violation of Persian Territory by Afghans. In case of any violation of the Persian frontier by any of the States referred to above, the Persian Government shall have the Marcli 4, 1857.] PEfcSTA, 655 right, if due satisfaction is not given, to undertake military operations for the repression and punishment of the aggressors ; but it is distinctly understood and agreed to, that any military force of the Shah which may cross the frontier for the above- mentioned purpose, shall retire within its own territory as soon as its object is accomplished, and that the exercise of the above- mentioned right is not to be made a pretext for the permanent occupation by Persia, or for the annexation to the Persian dominions, of any town or portion of the said States. ARTICLE VIII. Mutual Release of Persian and Affghan Prisoners, &c. The Persian Government engages to set at liberty without ransom, immediately after the exchange of the ratifications of this Treaty, all prisoners taken during the operations of the Persian troops in Afghanistan, and all Affghans who may be detained either as hostages or as captives on political grounds in any part of the Persian dominions shall, in like manner, be set free : provided that the Affghans, on their part, set at liberty, without ransom, the Persian prisoners and captives who ore in the power of the Affghans. Commissioners on the part of the two Contracting Powers shall, if necessary, be named to carry out the provisions of this Article. ARTICLE IX. Appointment of Consular Officers. Subjects and Trade. Most* favoured-nation Treatment. The High Contracting Parties engage that, in the establish- ment and recognition of Consuls-General, Consuls, Vice-Consuls, and Consular Agents, each shall be placed in the dominions of the other on the footing of the most favoured nation ; and that the treatment of their respective subjects, and their trade, shall also, in every respect, be placed on the footing of the treatment of the subjects and commerce of the most favoured nation. ARTICLE X, Persian Apology for Insulting Letter to British Minister. His Reception at Tehran. Immediately after the ratifications of this Treaty have been exchanged, the British Mission shall return to Tehran, when the Persian Government agrees to receive it with the apologies and ceremonies specified in the separate Note signed this day by the Plenipotentiaries of the High Contracting Parties. 656 PEBSIA. [March 4, 1857. AKTICLE XI Claims of British Subjects against Persian Government. The Persian Government engages, within three months after the return of the British Mission to Tehran, to appoint a Commis- sioner, who, in conjunction with a Commissioner to be appointed by the British Government, shall examine into and decide upon the pecuniary claims of all British subjects upon the Government of Persia, and shall pay such of those claims as may be pronounced just, either in one sum or by instalments, within a period not exceeding one year from the date of the award of the Commis- sioners. Claims of Persian and other Subjects under British Protection against Persian Government. And the same Commissioners shall examine into and decide upon the claims on the Persian Government of all Persian subjects, or the subjects of other Powers, who, up to the period of the departure of the British Mission from Tehran, were under British protection, which they have not since renounced. AETICLE XII. Conditional Renunciation l>y British Government of Protection to Persian Subjects not Employed by British Mission or Consulates. General Most-favoured-nalion Treatment. Saving the provisions in the latter part of the preceding Article, the British Government will renounce the right of pro- tecting hereafter any Persian subject not actually in the employ- ment of the British Mission, or of British Consuls-General, Consuls, Vice-Consuls, or Consular Agents, provided that no such right is accorded to, or exercised by, any other foreign powers ; but in this, as in all other respects, the British Government requires, and the Persian Government engages, that the same privileges and immunities shall in Persia be conferred upon, and shall be enjoyed by, the British Government, its servants and its subjects, and that the same respect and consideration shall be shown for them, and shall be enjoyed by them, as are conferred upon and enjoyed by, and shown to, the most favoured foreign Government, its servants and its subjects. AETICLE XIII. Slave Trade in Persian Gulf. Renewal of Agreement of August, 1851. The High Contracting Parties hereby renew the Agreement entered into by them in the month of August, 1851 (Shawal 1267), March 4, 1857.] PERSIA. 657 for the suppression of the Slave Trade in the Persian Gulf, and engage further that the said Agreement shall continue in force after the date at which it expires, that is, after the month o August 1862, for the further space of ten years, and for so long afterwards as neither of the High Contracting Parties shall, by a formal declaration, annul it ; such declaration not to take effect until one year after it is made. ARTICLE XIV. Cessation of Hostilities. Withdrawal of British Troops from Persian Territory. Supplies. Immediately on the exchange of the ratifications of this Treaty, the British troops will desist from all acts of hostility against Persia ; and the British Government engages, further, that, as soon as the stipulations in regard to the evacuation, by the Persian troops, of Herat and the Affghan territories, as well as in regard to the reception of the British Mission at Tehran, shall have been carried into full effect, the British troops shall, without delay, be withdrawn from all ports, places, and islands belonging to Persia ; but the British Government engages that, during this interval, nothing shall be designedly done by the Commander of the British troops to weaken the allegiance of the Persian subjects towards the Shah, which allegiance it is, on the contrary, their earnest desire to confirm ; and further, the British Government engages that, as far as possible, the subjects of Persia shall be secured against inconvenience from the presence of the British troops, and that all supplies which may be required for the use of those troops, and which the Persian Government engages to direct its authorities to assist them in procuring, shall be paid for, at the fair market- price, by the British Commissariat, immediately on delivery. ARTICLE XV. Ratifications. The present Treaty shall be ratified, and the ratifications exchanged at Bagdad in the space of three months, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Paris, in quadruplicate, this fourth day of the month of March, in the year of Our Lord one thousand eight hundred and fifty-seven. (Signed) COWLEY. FEROKH (in Persian). [536] 2 U 658 PERSIA. [March 4, 1857. SEPARATE NOTE REFERRED TO IN ARTICLE X OF THE FOREGOING TREATY.* March 4, 1857. Ceremonial to be observed on lie-establishment of Diplomatic and Friendly Edcdions. THE Undersigned, Her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary to the Emperor of the French, and His Persian Majesty's Ambassador Extraordinary and Pleni- potentiary to his said Imperial Majesty, being duly authorised by their respective Governments, hereby agree that the following ceremonial shall take place for the re-establishment of diplomatic and friendly relations between the Courts of Great Britain and Persia. This agreement to have the same force and value as if inserted in the Treaty of Peace concluded this day between the Undersigned : The Sadr A.zim shall write, in the Shah's name, a letter to Mr. Murray, expressing his regret at having uttered and given currency to the offensive imputations upon the honour of Her Majesty's Minister, requesting to withdraw his own letter of the 19th of November, and the two letters of the Minister for Foreign Affairs of the 26th of November, one of which contains a rescript from the Shah, respecting the imputation upon Mr. Murray, and declaring, in the same letter, that no such further rescript from the Shah as that inclosed herewith in copy was communicated, directly or indirectly, to any of the Foreign Missions at Tehran. A copy of this letter shall be communicated, officially, by the Sadr Azim to each of the foreign Missions at Tehran, and the substance of it shall be made public in that capital. The original letter shall be conveyed to Mr. Murray, at Bagdad, by the hands of some high Persian Officer, and shall be accompanied by an invitation to Mr. Murray, in the Shah's name, to return with the Mission to Tehran, on His Majesty's assurance that he will be received with all the honours arid con- sideration due to the Representative of the British Government ; another person of suitable rank being sent to conduct him, as Mehmandar, on his journey through Persia. Mr. Murray, on approaching tire capital, shall be received by persons of high rank deputed to escort him to his residence in the town. Immediately on his arrival there, the Sadr Azim shall go in state to the British Mission, and renew friendly relations with Mr. Murray, leaving the Secretary of State for Foreign * Signed also in Persian. March 4, 1857.] PERSIA. 659 Affairs to accompany him to the Boyal Palace, the Sadr Azim receiving Mr. Murray, and conducting him to the presence of the Shah. The Sadr Azim. shall visit the Mission at noon on the follow- ing day, which visit Mr. Murray will return, at latest, on the following day, before noon. Done at Paris, this fourth day of the month of Marcltr ift the year one thousand eight hundred and fifty-seven. (Signed) COWLEY. FEKOKH (in Persian). Annex to the preceding Note. The Shah to the Sadr Azim. (Translation.) December, 1855. LAST night we read the paper written by the English Minister Plenipotentiary, and were much surprised at the rude, unmeaning, disgusting, and insolent tone and purport. The letter which he before wrote was also impertinent. We have also heard that, in his own house, he is constantly speaking dis- respectfully of us and of you, but we never believed ; now, how- ever, he has introduced it in an official letter. We are. therefore, convinced that this man, Mr. Murray, is stupid, ignorant, and insane, who has the audacity and impudence to insult even Kings ! From the time of Shah Sultan Hossein (when Persia was in its most disorganised state, and during the last fourteen years of his life, when by serious illness he was incapacitated for business) up to the present time, no disrespect towards the Sovereign has been tolerated, either from the Government or its Agent. What has happened now, that this foolish Minister Plenipotentiary acts with such temerity ? It appears that our friendly Missions are not acquainted with the wording of that document ; give it now to Meerza Abbas and Meerza Malcum that they may take and duly explain it to the French Minister and Hyder Effendi, that they may see how improperly he has written. Since last night till now our time has been passed in vexation. We now command you, in order that that you may yourself know, and also acquaint the Missions, that until the Queen of England herself makes us a suit- able apology for the insolence of her Envoy, we will never receive back this her foolish Minister, who is a simpleton, nor accept from her Government any other Minister. [536] 2 U 660 PERSIA. [February ^ 1903. No. 132. COMMERCIAL CONVENTION BETWEEN GKEAT BKITAIN AND PERSIA. Signed at Tehran, February 9, 1903. [Ratifications exchanged at Tehran, May 27, 1903.] SA Majest^ le Koi de Grande-Bretagne et d'Irlande, Empereur ties Indes, et Sa Majeste le Schah de Perse, animes du meme desir de consolider les rapports cominerciaux entre les deux pays amis, ont juge opportun de modifier et de completer les disposi- tions etablies par le deuxieme alinea de 1' Article IX du Traite Anglo-Persan de Paris du 4 Mars, 1857, et ont nomine a cet effet pour leurs Plenipotentiaires, savoir : Sa Majeste le Eoi de Grande-Bretagne et d'Irlande, Empereur des Indes, son Envoye Extraordinaire et Ministre Plenipotentiaire pres la Cour de Perse, Sir Arthur Hardinge, Chevalier de 1'Ordre de Saint-Michael et de Saint-George ; et Sa Majeste le Schah de Perse, son Premier Ministre, 1'Atla Bek Azam Ali Asghar Khan Amin-es- Sultan ; et le Sieur Joseph Naus, Ministre d'etat, Administrateur- General des Douanes et des Postes ; Lesquels, dument autorises a cet effet, sont convenus de ce qui suit : ARTICLE I. British Goods imported into Persia and Persian Goods exported by British Subjects shall be subject to Annexed Tariffs. Les marchandises d'origine Britannique importees en Perse par les sujets Britanniques, et pareillement les productions de la Perse exportees par les sujets Britanniques, seront soumises aux droits de douane fixes par les Tarifs detailles (A) et (C) annexes a la presente Declaration. ARTICLE IL British Goods on Entering Persia shall pay Customs Duty accordinff to Tariff (A) once, and then shall be subject to no other Charge except those mentioned in Article V. Les marchaudises d'origine Britannique importees en Perse (voir Article I) seront soumises au payement des droits de February 9, 1903.] PERSIA, 661 douane conforme'ment au Tarif (A), une fois pour toutes, a leur entree en Perse, et ne seront assujetties en suite au payement d'aucun autre droit de douane on d'autres charges, sauf eel les prevues par 1' Article V de la presente Declaration, Subjects. Imports. Most-favo u red-n ation Trcatm wii. - II est formellement stipule que les sujets et les importations Britanniques en Perse, ainsi que les sujets Persans et les importa- tions Persanes dans 1'Empire Britannique, continueront a jouir sous tous les rapports du regime de la nation la plus favorise'e ; il est entendu qu'une Colonie Britannique ayant un regime douanier special, qui cesserait d'accorder aux importations Persanes le traite- ment de la nation la plus favorise'e, n'aurait plus le droit de reclamer le. meme traitement pour ses propres importations en Perse. Exports. Most-Javoured-nation Treatment. Les produits Persans exporte's en destination du Eoyaume-Uni payeront les droits de douane a leur entree dans ce Eoyaume conformement au Tarif Ge'ne'ral en vigueur, sous la reserve que ces importations be'neficieront tonjours du traitement de la nation la plus favorisee. Dans le cas ou le Royaume-Uni viendrait a ^tablir dans son Tarif General, sans un accord prealable avec la Perse, sur les produits Persans enumeres dans le Tarif (B) applicable aux importations Persanes en Russie (et annexe ad memorandum a la presente Declaration), des droits autres que ceux qui existent actuellement dans le Tarif General pre'cite, et superieurs aux droits inscrits dans le dit Tarif (B), la Perse aurait la faculte d'imposer a son tour des droits proportionnels aux provenances de meme espece du Iloyaume-Uni. Une Convention speciale serait negociee ilans ce but ; a defaut d'entente, la presente Declaration devien- drait nulle, et les deux Parties se ti-ouveraient de nouveau sous le regime anterieur consacre par F Article IX du Trait e de Paris. Les Reglements edictes ou a edicter pour les produits prohibes a rimportation dans le Royaume-Uni, et aussi pour les droits de sortie du Royaume-Uni, seront applicables au trafic Persan en ce Royaume. ARTICLE III. Abolition of Export Duties in Persia except those in Tariff (G). Le droit de sortie de 5 pour cent existant jusqu'a present en Perse sur les marchandises et produits exportes est totalernent aboli, a 1'exception des droits de sortie etablis par le Tarif (C) sur les produits y denomme's. Les marchandises Britanniques et Persanes pourront, aux -con- ditions du present Arrangement, etre librement exportees de Tun 662 PERSIA. [February 0, 1903. dans 1'autre ties deux Etats, sous la reserve, bien entendu, des interdictions ou prohibitions deja etablies ou ;i etablir par chaeuno des deux Hautes Parties Contractantes, soit dans im interet de securite ou de preservation sociale, soit pour empecher eventuelle- ment 1'exportation de produits du sol qu'il serait rnomentanement necessaire de re'server a fin d'assurer 1'alimentation publique. ARTICLE IV. Road Tolls. Le Gouvernenient Persan prend rengagement de supprimer toutes les taxes de rahdari perc,ues actuellement pour 1'entretien des routes de caravane, et de ne pas permettre 1'^tablissement d'autres taxes de routes ou de barriere ailleurs quo sur les voles carrossables, comportant des travaux d'art dont la Concession a deja e*te accordee ou serait accordee par Firmans speciaux. Les taux des taxes a percevoir dans ce cas par le conces- sionnaire seraient fixes par le Gouvernemeut Persan, qui en donnera connaissance a la Legation de Sa Majeste Britannique, ces taxes ne devant pas depasser par i'arsakh cellos de la route Resht-Teheran ; la perception ne pourrait commencer qu'apres I'achevement de la route ou du moins de ses principaux trongons entfe des localites importantes, et ne depassant en aucun cas pour les marchandises Britanniques les taux preleves des marchandises d'une autre provenance. ARTICLE V. Customs Formalities. Most-favoured-nation Treatment. Le systeme de fermage pour la perception des droits de douane en Perse devant etre aboli a jamais sera remplace a toutes les frontieres du Royaume par rinstitution de bureaux de douane gouvernementale, organises et administres de maniere a assurer aux commer^ants 1'egalite des perceptions et un bon traitement de leurs marchandises. Le Gouvernenient Persan prendra toutes lesmesures necessaires pour assurer d'une maniere generale la securite des marchandises durant leur sejour dans les bureaux de la douane, et il assume la responsabilite directe de 1'integrit'e et de la bonne conservation des marchandises qui seront deposees dans les magasins des bureaux de la douane. En consequence, le Gouvernement Persan s'engage it faire construire aussitot que possible, et en tout cas pas plus tard que cela est indique ci-dessous dans la clause (a) de cet Article, dans les bureaux designes a cet effet par un Reglement prevu ci-apres, des magasins dument clotures et assez vastes pour y assurer 1'eminagasinage des quantites de marchandises habituelle- inent importees ; dans tons les autres bureaux il devra etre etabli des installations convenables en rapport avec les besoins du trafic February 0, 1903.] - PERSIA. 663 de passage. I/is commercants Britanniques jouiront, dans les conditions fixees par le ineme Reglernent, du droit d'entrepot pendant donze mois a datcr du jour de Farrive'e des marchandises, s;ins payer aucuns droits ni taxes pour la niise en entrepot. Un Keglement General arrete par F Administration des Douanes et pour lequel il sera etabli en accord avec la Legation d'Angle- terre a Teheran, fixera le plus tob possible apres la jnise eu vigueur de la presente (Convention : (a.) La classification des bureaux de douane et leurs attribu- tions, les points des frontieres de terre et de mer, et les chemins ouverts pour Fimportation et 1'exportation des marchandises, ainsi que Forganisation des magasins des bureaux de la douane et la fixation des termes radiquant ^Inauguration des operations de ces bureaux et magasins ; (7>.) Les formalites a observer par le commerce pour 1'importa- tion et 1'exportation des marchandises ; (c.) Le regime de Fentrepot applicable aux marchandises Britanniques pendant douze mois a partir de letir arrivee dans un des bureaux ouverts a ce trafic ; (if.) Les payements a imposer au commerce, pour le sejour des marchandises dans les magasins de la Douane, ou pour tous autres services rendus par la Douane aux commercants ; (e.) La procedure douaniere concernant la verification des marchandises frappees de droits specifiques et revaluation de celles imposees ad valorem, ainsi que les amendes applicables au cas de fraude ou de violation des formalites et regies etablies. Pour ce qui concerne la procedure douaniere applicable aux marchandises a Fentree ou a la sortie du Jtoyaume-Uni, les sujets Persans seront soumis aux lois edictees ou a edicter dans le dit Iloyaume sans que les dispositions de celles-ci puissent de quelque inaniere que ce soit consacrer, a Ft3gard du commerce des sujets Persans, des dispositions moins favorables que celles qui sont applicables aux commercants des pays jouissant du traitement de la nation la plus favorisee. AETICLE VI. Payment of Duties. Rate of Exchange. L'acquittement dtss droits d'entre*e dans le Royaume-Uni sera effectue en monnaies y admises pour le payement des taxe* douanieres. Pour Fapplication des Tarifs (A) et (C), le batman Persan dit de Tauris sera calcule a 040 miscals Persans equivalent k 2-97 kilogrammes Francois ; et les 100 krans Persans seront calcules a Fequivalent en nionnaie Anglaise de 48 francs Franqais en monnaie d'or. Dans le cas ou le change du kran par rapport an franc viendrait a baisser de plus de 1 pour cent et se maintiendrait tel plus d'un mois, le Gouvernement Persan aurait la faculte, apres la constata- tion du fait par les principales banques et notification prealable a 664 PEESIA. [February 9, 1903. la Legation de Sa Majeste' Britannique, de hausser proportionnelle- iDent les taux des droits specifiques inscrits dans les Tarif's (A) et (C). La notification relativement a 1'elevation des droits devra etre faite par le Gouvernement Persan a la Legation d'Angleterre a Teheran an moins deux semaines avant que cette elevation soit appliquee. Pour le cas d'une hausse dans le cours du kran depassant 10 pour cent, et se maintenant tel durant plus d'un mois, le Gouvernement Britannique aura le droit de demander 1'abaisse- ment proportionnel des Tarifs (A) et (C), et le Gouvernement Per.san serait tenu d'accorder le dit abaissement. ARTICLE VI L Application of Convention and Tariffs to all Persian Frontiers. Le Gouvevnement Persan s'engage a appliqner a toutes les frontieres du Royaume les dispositions de la presente Convention, ainsi que les Tarifs (A) et (C), avec les modifications prevues par 1' Article VI. Ratifications. La presente Declaration, dont, en cas de contestation, le texte Franqais prevaudra, sera ratifiee, et les ratifications en seront echangees <\ Teheran ; elle sera promulguee par les deux Hants Gouvernements et entrera en vigueur a la date qui sera fixee d'un commun accord. Fait en double, en Francais et en Persan, le 9 Fevrier, 1903. (L.S.) ARTHUR II. HARDINGE. (L.S.) J. NAUS. The seal and signature of the Atta Bek Azam were affixed to the Persian text. February 9, 1C03.] PERSIA. 665 Annexe. Tar if s Douaniers (A, B, et C) Annexe a la Declaration ecliangee entre le Gouvernement de Sa Majestt Britannique et le Gouvernement de Sa h Schah-in-Scliah de Perse, h 9 Fewier, 1903. TARIF (A). Importations en Perse de Marchandises de Provenance Britannique. No. Designation des Marchandiaes. Droits. Allumettes Aniiuaux vivants de toute espece A rines de toute espece, y compris les pieces detachtes on non assemblies Remarque. Les importations autorisees en vertu d'une dispense speciale du Gouvernement, conformement & la Loi du 5 Ramazan, 1317, seront souniises ;\ une taxe speciale de 20 tomans par fusil, de 5 tomans par revolver, de 2 tomans par pistolet, et de 7 tomans par batman pour toutes autres ainies, ainsi que ponr toutes pieces d6tach6es ou non assemblees. Bois 1. Bois de construction et d'ebenisterie, de toute espece, en grume ou scies 2. Bois ouvres, autres que les vehicules, les meubles et les articles de fantaisie, y compris les articles de charpenterie, d'ebenisterie, et de toimellerie 3. Bois non denornmeX y ccmpris le bois de chauffage Boissons 1. Vins mousseux en bouteilles (la bou- teille de 80 centilitres ou moins) Remarque. Les demi-bouteilles de 40 centilitres ou moins acquitbent la moitie des droits stipules. Les bou- teilles d'une contenance sup6rieure a 80 centilitres acquittent les droits proportionnellement a leur cortenance roelle. Le batman brut T. Kr. Ch. 008 Exempts Prohibees Le batman Exempts 002 Exempts 666 PERSIA. [February 9, 1903. No. Designation des Merchandises. Boissons suite 2. Vins non mousseux en cercles, en dames-jeannes, en coupes ou en bouteilles... ... ... ... Le batman brut 3. Alcools et esprits de vin ; eaux-de-vie non denommees, y compris les memes eaux-de-vie simplement sucrees, ainsi que celles preparees an moyen de fruits infuses, en cercles ou en bou- teilles ... ... ... ...! Le batman brut 4. Le cognac, le rhum, lo whisky, le Schiedam, 1'arac, le tafia, le ver- mouth, le gin, le Kirsch, l'eau-de-vie de Dantzig, le klimmel, et les liqueurs de toute espece, telles que la char- treuse, la benecUctine, 1'alkermes, le marasquin, le curagao, le punch, 1'absinthe, les crernes, les anisettes, &c., &c , en cercles ou en bouteilles ... Le batman brut 5. Bieres, vinaigres, et toutes a litre 3 bois- i sons fermentees, en cercles ou en i bouteilles ... . . Le batman brut Droits. T. Kr. Ch. G. Limonades ... ...! Le batman brut Remarque. Les limonades qui ren- ferment plus de 5 pour cent d'alcool pur rentrent dans la categorie des " Eaux-de-vie non denommees." 7. Eaux minerales naturelles ou artifi- cielles Bougies, cierges, et chandelles, y compris les pelotes, les torches, et les meches Charbon de terre et coke ; charbon de bois... Cire brute Les 10 bouteilles 10 Le batman brut Le batman 008 Exempts 10 Exempts 008 Le batman brut 50 DenrSes et conserves alimentaires 1. Beurres et autres graisses comestibles (a.) Frais ou sales ... ... ...j (6.) Conserves en bottes de fer-blanc ...i Le batman brut 2. Cacao de toute espece, prepare ou non, l > y compris les dechets et pellicules | et le chocolat ... ... ... ! 3. Cafe, y compris les coques, dechets, et i pellicules et les succedanc-s du cafe (a) Non torrefies ... ... ...I (61) Torrefies ... ... ...! Remarque. Le cafe importe en petits j paquets ou en boites en carton, en fer- blanc, ou autres recipients analogues j acquitte les droits d'apres le poids j brut. Le batman Le batman February 9, 1903.] PERSIA. 667 No. Designation des Marchandises. Denrees et conserves aliruentaires suite 4. Cereales alimentaires et leur derives (.) Biz (b.) Fronient, orge, avoine, et autres c^reales alinientaires non d6nommees (c.) Malt (d.) Amidon et autres fecules non ali- mentaires... Remarque. Les amidons et autres fecules non alinientaires importes en pet its paquets, en boites en carton ou en fer-blanc, ou autres recipients ana- logues acquittent les droits d'apres le poids brut. (e.) Fariries comestibles, y compris 1'orge perle et les gruaux de toute espece (/.) Macaroni, vermicelle, .et autres pates alinientaires ... ( hut mail Le batman brut Droits. T. Kr. Oh. -0 0- 2 Exempts Exempt 1 Exemptes 010 I Exempts 030 005 1 668 PERSIA. [February 9 3 1S03. No, Designation des Marchandises. Droits. Denrees et conserves alimentaires suite 8. Huiles vegetales (a.) D'olives (b.) Autres non specialement deuommees 9. Lait (a.) Frais (6) Conserve en boltes de fer-blanc, flacons, et autres recipients ana- logues, hermetiquement fermes 10. Legumes de toute espece (a.) Frais ou sees (/>.) Conserves en boites, pots, flacons, ou antres recipients analogues 11. Miel 12. (Eufs de volailles ... 13. Poissons (a.) Frais, sees, sales, ou fumes (&.; Conserves, y compris le caviar, en boltes de fer-bianc, pots, flacons, ou autres recipients analogues ... 14. Sel 15. Sucres (a.) En pains ou candis Remarque. Les sucrea en pains ac- quittent les droits avec le poids des papiers et cordes qui leur servent d'emballage immediate (ft.) En poudre, y compris les cassonades et les sirops (c.) Sucreries, telles que dragees, cara- mels, bonbons, &c Remarque. Les sucreries importees en flacons, en pots, en boites de carton ou de fer-blanc, ou autre* recipients analogues, ou qui sont revetus d'embal- lages sp6ciaux en plomb, en papier, &c., acquittent les droits d'apres le poids brut. 16. Thes (a.) Th6blanc (b.) Tous autres the*s... Remarque. Les thes iinportes en petits paquets ou en boites de carton, de fer-blanc, ou autres recipients analogues acquittent les droits d'apres le poids brut. Le Gouvernement Persan est autorise* a abaisser ces droits jusqu'a six krans par batman. 17. Viandes (a.) Fraiches (b.) Salves, sechees, ou fumees Remarque. Les viandes salees, sechees, ou fumees, importees dans des enveloppes de me'tal, acquittent les droits avec le poids de ces enveloppes. Le batman brut Le batman brut Le batman brut Le batman brut Le batman brut Les 10 batman s Le batman Le batman Le batman Le batman Le batman Le batman T. Kr. Ch. 2.0 004 Exempt 1 Exempts 1 10 Exempt Exempts Exempts 1 10 002 002 1 1 8 1 2 Exemptes 1 4 February 9, 1903.] PERSIA. 669 Designation des Merchandises. Denrees et conserves alimentaires suite 17. Viaudes suite (c.) Conservees, y compris les extraits de viande, en boltes de fer-blanc, pots, fl aeons, ou ant res recipients analogues... Drogueriea Get article comprend notamment les parties de v6getaux employees en medecine qui ne sont pas eoumises a un regime special, Jes extraits medicinaux et les essences ou huiles medicinales, les baumes, opiats, emplatres, onguents, cerats, pilules, et poinmades pharmaceu- tiques, les eaux distillees de plantes ne contenant pas d'alcool, et d'une maniere generale tous les produits pharmaceu- tiqnes prepares sans sucre ni alcool. Remarque. Les bonbons pharmaceu- tiques prepares au sucre suivent le regime des " Sucreries " et les produits prepares avec de 1'alcool celui des " Liqueurs de toute espece. 3 ' Echan til Ions commerciaux sans valeur in- trinseque, y compris les echantillons de tissus de 30 centimetres ou moiii* de longueur sur toute la largeur du tissu et les echantillons sur cartes ou carnets, de menie que les catalogues iilustres Epiceries 1. Poivre, curry, piment, moutarde, can- nelle, noix de muscade et clous de girofle 2. Vanille et safran, y coni}>ris la vanilline 3. TrufFes 4. Epiceries non denommees Rimarquc.'Lj&* epiceries de toute espece iniportees dcins des enveloppes de plomb, en boites, pots, tiac de jonc, les tissus amiantes, &c., &c. 25. Cordes, cordages, et ficelle en fila- ments, ve"g6taux de toute espece, y compris les filets 26. Drilles et chiffons , 21 | Mercerie et quincailleri &- 1. Les coffres et boitee en bois de toute espece, peints ou noti peints, garnis ou non garnis d'ornem cmts, de fermetures 1 Valeur Valeur I 20 pour cent i 10 pour cent Les 10 batmans 030 Exempts February 9, 1903.] PERSIA. 677 No. Designation des Merchandises. Mercerie et quincaillerie suite et de montures en m6tal, les paniers, corbeilles, cabas de paille et d 'autres ve"g6taux, de drap, &c., a 1'exception des boltes, coffrets, et corbeilles de fan- taisie ; la cire a cacheter ; la colle de | poisson et la colle liquide ; les produits servant au nettoyage et au polissage i des cuirs, bois, ou me'taux, en boltes ou | en flacons, tels que encaustiques, pom- mades, cirages, &c. 2. Tons autres objets ... Cette rubrique comprend notamment : Les agrafes et porte-agrafes de toute es- pdce, y compris les agrafes de fantaisie pour ceintures, manteaux, &c. ; les aiguilles a coudre ou a tricoter ; les appareils photographiques et leurs accessoires, tels que plaques, papier sensibilis6, chassis, &c. ; 1'argenterie de table en argent-neuf, en argent-faux, en ruolz, en argent blanc ou en maillechort, y compris les cuillers et fourchettes, et couteaux de table avec manches en ruolz ; et tous les objets des- tines au service ou a 1'ornement de la table, garnis de rnoutures ou de fermetures en argent-neuf, en ruolz, ou en autres me'taux y assimiles ; Jes articles pour fumeurs, tels que fume-cigares, fume- cigarettes, pipes, tabatieres, etuis a cigares et a cigarettes, cendriers, porte- allumettes et autres objets analogues ; les articles de bureau, tels que encriers, plumes, porte- plumes, essuie - plumes, crayons, mines, porte - mines, porte- crayons, taille-crayons, regies, compas, &c. ; les articles de toilette, tels que cordons de montre et de pince-nez de toute espece, sautoirs, chausse - pieds, brosses et peignes de toute espece, cure- dents, cure-ongles, les eponges, &c. ; les articles de maroquinerie de toute espece, tels que porte-feuilles, porte-cartes, 6tuis, porte-monnaies, bourses, &c. ; les articles de voyage, tels que malles, valises, sacs a 1'exception des cofires, paniers, et cor- beilles qui sont repris a la section 1 du pr6sent Article ; les articles de kmetterie ordinaires, tels que lunettes, pince-nez, jumelles, longues-vues, stereoscopes, et autres objets analogues ; les bandages herniaires ; la bijouterie fausse de toute espece, y compris les articles en jais, anibre, &c., et les pierres et perles fausses ; les boltes et cotfrets de fantaisie ; les boltes de conleurs, ainsi que leurs Droits. Valeur Valeur T. Kr. Ch. 5 pour cent 15 pour cent 678 PERSIA. [February 9, 1903. No. Designation des Merchandises. Mercerie et quincaillerie suite 2. Tous autres objets suite accessoires et les couleurs en tablettes ou en tubes ; les boutons de toute espece ; les cannes ; les cartes a jouer ; les chapelets de toute espece ; les chevilles pour cordonniers ; les cinematograph es et autres appareils analogues, et leurs accessoires ; les cravaches ; les des a coudre ; les epingles de toute espece ; les etuis en metal et en bois de toute espece ; les eventails et les ecrans ; les feux d'artifice pour divertissements ; les fouets ; 1'ivoire, 1'ecaille, la nacre, et les objets en ces matieres, a 1'exception des objets specialement mentionnes a 1'Article 19 ; les jeux et jouets de toute espece ; les lanternes de toute espece, y compris les lanternes magiques et les lanternes de projection ; le liege en planches, en cubes, en bouchons ; les masques ; les pierres a fusil et pierres de touche ; les phono- graphes et autres instruments analogues et leurs accessoires ou fournitures ; les sonnettes et sonneries de toute espece ; les veilleuses ; et en general tous les menus objets, autres qu'en metaux pr6- cieux, non specialement repris dans une autre nibrique du Tarif. Mobilier et articles d'ameublement 1. Meubles (a.) En bois ou en fer de toute espece, recouverts de tissus ou de cuir (6.) Tous autres meubles 2. Tous autres objets servant a Pameuble- ment ou a la decoration des lieux habites (a.) Glaces et miroirs encadres, lampes, J candelabres, flambeaux, et bougeoirs (6.) Non d^nommes ... Get article comprend notamment : Les cadres et baguettes dorees ou autres pour encadrements ; les coupes et vases de toute dimension ; les coussins ; les pendules, horloges, et reveils ; les statues, statuettes, et bustes ; les tab- leaux ; les tentures confection nees ; et generalement tous les objets de fan- taisie servant a garnir les cheminees, consoles, &c. Montres 1. Montres en or 2. Montres en argent ... 3. Montres autres qu'en or ou en argent . . Droits. T. Kr. Ch. Les 10 batmans Les 10 batmans Valeur Valeur 5 pour cent 20 pour cent La piece 200 La piece 050 La pice 040 February 9, 1903.] PERSIA. 679 Designation des Marcharidises. Navires et bateaux, y compris les agres et apparaux Objets d'art et de collection pour rausees ... Opium Papiers et leuis applications 1. Papier d'impressions ou a ecrire, ordi- naire, blanc, on colore, y compris les enveloppes ordinaires, a 1'exclusion de celles avec chiffre, initiales, ou vig- nettes et du papier en boltes et de fantaisie 2. Papier a ecrire et enveloppes de fan- taisie ou de luxe, en boltes ou autre- ment emballes, avec ou sans chiffre, initiales, ou vignettes Remarque. Les papiers a ecrire im- portes en boltes acquittent le droit d'aprks le poids brut. 3. Papiers d'ameublement ou de tenture ... 4. Autres papiers, y compris le carton 5. Ouvrages en papier ... Cette rubrique comprend notamment les reliures et cartonnages, les cahiers relies ou broches, les livres de compte et registres relies, les papiers et en- veloppes sur tissus, &c., &c. Parfumeries de toute espece, y compris les huiles essentielles de parfumerie, les poni- mades et cosmetiques, les huiles et les poudres de toilette, les pates et eaux dentifrices, &c., &c. Peaux et leurs applications 1. Peaux brutes d'agneaux, dites de Bagdad 2. Autres peaux brutes, sechees ou salves 3. Peaux preparees (a.) Pelleteries apprltees (6.) Peaux tannees, corroyees, ou megis- s6es (c.) Peaux teintes, vernies, chamoisees, maroquinees ou laquees 4. Ouvrages de toute espece en cuir Get article comprend notamment les articles de sellerie et de beurrellerie, les articles de cordomierie dont le cuir forme la partie principale, les courroies, &c., a 1'exclusion des articles de fan- taisie et des objets tels que porte- feuilles, porte-monnaies, valises, &c. Valeur Le batman Le batman Le batman Le batman Valeur Le batman Le batman Le batman Le batman Le batman Le batman Droits. T. Kr. Ch. 5 pour cent Exempts "6 Le batman 005 Le batman 10 005 5 15 pour cent 010 10 10 10 10 680 PERSIA, [February 9, 1903. Designation des Merchandises. Poteries de toute espece, a 1'exclusion des vases, statuettes, et articles de fantaisie 1. Tuiles et briques 2. Autres objets en terre simplement cuite 3. Objets en faience et en porcelaine de toute espece... Produits chimiques de toute espece (a.) Sel de soude (6.) Tous autres Produits typographiques et lithogra- phiques 1. Journaux, revues periodiques, livres, musique grav6e ou imprim6e et 6ti- quettes commerciales accompagnant les marchandises 2. Autres produits typographiques et lithographiques Cette rubrique comprend notamment les images, gravures, estampes, &c., en feuillets detach6s ou en cahiers relics ou broche"s. Remarque. L 'admission a 1'entree des journauXj revues, livres, et gravures reste soumise au controle du Gouverne- nient. Poudres a tirer... Y compris la dynamite et tous les pro- duits explosifs quelconques ayant un pou- voir detonnant egal ou superieur a celui de la poudre a canon ordinaire, ainsi que les cartouches, les capsules de poudre ful- minante, les projectiles de toute espece, les douilles vides, amorce"es ou non, et les autres articles analogues. Remarque. Les importations effectuees en vertu d'une dispense sp6ciale du Gouvernement, conformement a la Loi tlu 5 Ramazan, 1317, seront soumises a une taxe de 2 tomans par batman. Recoltes et fourrages Resin es et bitumes Saccharine et autres produits similaires Savons L Savons parf nines 2. Savons autres Les 10 batman s Le batman Le batman Le batman Le batman Le batman ...j Le batman brut Le batman Droits. T. Kr. Ch. Exemptes 10 008 1 Exempts 040 Prohibees Exempts Exempts 900 1 004 February 9, 1903.] PEKSIA. 681 Designation des Merchandises. Tabacs 1. Tabacs non fabriques en feuilles ou concasses ... 2. Tabacs fabriques (a.) Cigares ordinaires en caisses de cent ou plus, ne coutant pas plus de 80 francs le mille ... (6.) Cigares autres ... (c.) Cigarettes et tabacs fabriques autres Cette rubrique comprend notamment le tabac prepare pour la pipe, le tabac a priser, le tabac a macher, les jus ou sauces de tabac (praiss), &c. Teintures, couleurs, et vernis 1. Aniline, couleurs d'aniline, et toutes les couleurs pr^parees au moyen d'ani- line 2. Indigo et kermez 3. Yernis prepares a 1'alcool 4. Autres vernis 5. Teintures et couleurs non denommees ... Vegetaux et substances veg6tales, non specialement denommes ... Verreries 1. Objets en verre et en cristal avec orne- ments, tels que : Dessins graves au burin ou a Facide, peintures, 6mail, dorure, argenture, ornements en cuivre ou alliage de cuivre ; ouate de verre, tissus de verre et ouvrages qui en sont faits, a 1'exclusiou des vases, et articles de fautaisie ... 2. Tous autres objets non denommes, & 1'exclusion des vases et articles de fantaisie 3. Verres de vitrage 4. Glaces non encadrees de moins de 50 decimetres carres 5. Les memes de 50 decimetres carres ou plus Voitures et vehicules de toute espece 1. Charrettes, tarentass, fourgons, cha- riots, brouettes, et autres vehicules analogues, non suspendus, y compris les locomotives a vapeur et les pieces de- tachees ou non assemblies 2. Toutes autres voitures et vehicules, y compris les automobiles, velocipedes, &c., ainsi que les pieces detachees ou non assemblies Le batman Le batman brut j Le batman brut Le batman brut Le batman brut Le batman brut Le batman brut Le batman brut Le batman Les 10 batmans Les 10 batrnans Les 10 batmans Les 10 batmans Valeur Valeur Droits. T. Kr. Ch. 100 Prohibees. 1 0. 050 030 010 Exempts 2 5 pour cent pour cent 682 PERSIA. [February 9, 1903. OBSERVATIONS ADDITIONNELLES. I. Acquittement des Droits. Article 1. Les droits spe"cifiques inscrits dans le Tarif doivent etre percus integralement sur les quantites pr6sent6es & I'importation pu a Fexportation et sans egard a la qualit6, a la valeur relative pu a 1'etat des marehaudises. Toutefois, lorsqu'il est dument justifie d'evenements ayaut deteriore les mar- chandises en cours de transport, et s'il est reconnu qu'il n'y a ancune intention frauduleuse, le declarant ou proprietaire aura la faculte de reclamer le triage et la destruction ou la reexportation des march an clises avarices. En outre, dans des cas exceptionnel?, notamment lorsque des marchandises auront etc avarices en cours de transport, des reductions de droits proportion n els a la perte de valeur pourront 6tre accordees, mais seulement a I'intervention de ^Administration Centrale des Douanes. De plus, les sujets Britanniques auront toujours la faculte de reexporter en exemption des droits de douane les marchandises importees qui se trouvent depos<3es en entrepdt ou dans un bureau d'entree aussi longtemps que ces marchandises n 'auront pas ete declarees pour la consommation. Article 2. A 1'egard des marchanHises imposees a raison d'an nombre ou d'uii poids determine, les droits sont dus, lorsqu'il s'agit de plus fortes ou de moindres quantites, proportionnellement au taux indique an Tarif, comnie si cette propor- tion 6tait sp6cifiee a chaque article. Les droits se pereoivent dans la meme proportion pour les marchandises tarifees a la valeur. Article 3. Les droits de douane fixes par le Tarif Persan sont payables en nouveaux krans d'argent calcules a raison de 100 krans pour 18 roubles Russes ou 48 francs Franais en monnaie d'or. II sera loisible aux sujets Britanniques de payer ces droits en Perse en rnonnaie du pays ou en billets de credit de la Banque d'Angleterre d'apres le calcul preindique, aussi longtemps que le Gouvernement Anglais garantira le rembourse- ment de ces billets en or. Dans le cas ou le change du kran par rapport au rouble predesigned viendrait a s'elever ou a s'abiisser de plus de 10 pour cent, le Gouvernement Persan, d'accord avec le Ministre d'Angleterre a Teh6ran, prendra un D6cret elevant ou abaissant proportionnellement le taux des droits spcifiques inscrits dans le Tarif. II. Marchandises tarifees au Poids. Article 4. L' unite de poids pour les marchandises imposees d'apres cette base est le batman dit de Tauris de 640 miskals de Perse, soit de 2 kilog. 967 grammes de France. Article 5. Les droits sur les marchandises qui sont indiquees dans le Tarif corame devant acquitter les droits d'apres le poids brut sont calcules sur le poids reel de la marchandise, y compris le poids de ceux des emballages qui, d'apres les usages du commerce, passent aux acheteurs avec la marchandise, notamment les bidons, futailles, bouteilles, cruchons, ou flacons contenant les liquides, les pots et bottes de toute espece, les cartons, les enveloppes de papier ou de toile, et tous autres emballages qui ne peuvent ou ne doivent 6tre separes de la marchandise sans la deteriorer ou sans modifier la forme sous laquelle elle est habituellement presentee pour la vente en gros ou en detail. Article 6. A 1'egard des autres marchandises acquittant les droits au poids et pour lesquelles le Tarif n'indique pas qu'elles sont imposees d'apres le poids brut, les importateurs devront stipuler dans leur declaration s ; ils desirent que les droits soient calcules : Soit d'aprds le poids net re'el, c'est-a-dire, d'apres le poids de la marchandise d6pouillee de tous ses emballages ; Soit d'apres le poids net Ugal, c'est-a-dire, le poids cumule de la marchandise et de tous ses emballages quelconques, defalcation faite de la tare le'gale. A defaut d'indication dans la declaration de 1'option pr6indiquee, les droits eeront toujours calcules d'apres le poids net legal. February 9, 1903.] PERSIA. 683 Article 7. La tare le'gale sur les marchandises imposees au poids est fixee comme suit : 1. Pour les faiences, porcelaines, verreries, glaces non encadr6es et verres de vitrage, en caisses ou futailles, a 40 pour cent du poids brut total. 2. Pour toutes autres marchandises : (a.) En caisses on futailles a 20 pour cent du poids brut total ; (6.) En paniers, canastres, ou autres emballages en cuir a 8 pour cent du poids brut total ; (c.) En nattes, sacs, ou autres embaliages analogues a 3 pour cent Ju poids brut total. Le calcul de la tare n'est pas applicable aux emballages qui ne recouvrent qu'imparfaitement la march and ise, tels que, par exemple, ceux faits de planchettes, a claire-voie, &c., &c. Article 8. Les declarants sont tenus de presenter les marchandises a la verifi- cation en les depouillant de leurs emballages, et ils sont 6galement tenus de les faire remballer. Toutefois, lorsque les declarants presentent soit les factures originales, ou notes de fabricants ou commer^ants en gros, soit des notes specificatives de Pespe^ce, du poids et de la valeur des marchandises contenues dans chaque colis, la Douane devra se borner a faire vider suivant importance de 1'expedition un ou plusieurs colis qu'elle designe specialement a cet effet. Mais si 1'espece des marchandises, le poids ou la valeur qui r6sultent de cette verification par epreuve revelent des differences sup6rieures a 5 pour cent des elements de la declaration, la Douane exigera que tons les colis soient vid6s. III. Marchandises tarifees d la Valeur. Article 9. A Pegard des marchandises imposees d'aprds la valeur, les importa- teurs sont tenus de declarer ou de faire declarer par ecrit la valeur sur laquelle ils d6sirent qui les droits soient calcules. Article 10. L'importateur doit declarer separemeut la valeur des marchandises contenues dans le meme colis lorsque, tarifees, d'apres cette base, la valeur des unes differe de celle des autres. Toutefois, lorsqu'il s'agit d'"articles de mercerie ou de fantaisie ayant une certaine affinite entre eux, ou formant un assortiment dont la valeur ne depasse pas 100 tomans, on pourra se borner a declarer la valeur global e. Article 11. La valeur a declarer en douane est celle que les marchandises out au lieu d'origine ou de production augmentee des frais d'emballage, d'achat, d'assurance, et de transport jusqu'au lieu d'importation ou d'exportation. Article 12. Si la Douane juge insuffisante la valeur declaree, elle peut a son choix demander aux declarants de souscrire une declaration supplernentaire ou bien retenir definitivement les marchandises, en payant aux interesses le montant de la valeur declared par eux augment^ de 10 pour cent a titre d'indemnite. La Douane est tenue d'effectuer de dit payement le plus t6t possible et au plus tard quinze jours apres le moment oti la preemption a e~te" notifiee aux declarants. IV. Modifications au Tarif. Article 13. En cas de changement au Tarif, le Tarif applicable est celui qui existe au moment de 1'inscription en douane des marchandises au premier bureau d'entree ou de sortie. V. Marchandises omises au Article 14. Dans le cas ou Ton presenterait a Pentre"e en Perse des marchandises dont la classification est douteuse, FAdministration Centrale des Douanes aura le droit d'en decreter la tarification par assimilation aux marchandises avec lesquelles el les out le plus d'analogie. Toutefois, les decisions de 1'espece concernant les marchandises omises au Tarif seront prises 4'accord avec le Ministre d'Angleterre a Teheran, 684 PERSIA. [February 9, 1903. VI. Procedure en matiere de Contraventions. Article 15. Toutes contraventions relativement aux regies fixees pour 1'importa- tion, 1'exportation, ou le transit, de m6me que toutes contestations sur 1'applica- tion du Tarif qui interessent un sujet Britannique seront juge"es en premier ressort par le Directeur des Douanes de la province & 1'intervention du Consul d'Angle- terre ou de son Delegue. II sera toujours loisible & ce dernier d'interjeter appel de la decision intervenue, et dans ce cas le litige sera porte devant 1' Administration Centrale des Douanes a Teheran, ou il sera juge" definitivement a 1'intervention du Ministre d'Angleterre ou de son Delegue. TAKIF (B). Importations en Eussie de Marchandises de Provenance Persane. ad memorandum. . 2 II ^ Designation des Marchandises de Provenance Persaue. Droits. Rs. Kop. 1 Cereales en grains de toute espece, & 1'ex- ception du riz, pommes de terre, pois, et feves... ... Exempts 2 Riz (a.) Monde Le poud 15 (6.) Non monde ou riz n'ayant plus de balle exterieure, mais ayant encore la pellicule interieure ... Le poud 07 (c.) Non mond6, ayant la balle exterieure... Le poud 05 3 Legumes ordinaires non specialement pre- par6s, oignons, et ail ... Exempts 4 Fruits et baies (a.) Noix et noisettes de toute espece, non specialement denommees, noyaux de pSches et d'abricots, graines de courges nettoyees, chataignes et noix de coco ... Le poud 25 (6.) Amandes et pistaches avec ou sans coques Le poud 40 (c.) Fruits et baies autres, frais ou sees, de toute espece Le poud 25 5 Jus de fruits ou de baies, sans sucre et sans addition d'alcool ... Le poud brut 25 6 Fromages Le poud I 00 7 (Eufs de volaille Les 100 pieces 05 8 Animaux vivants 1. Anes Tete 1 80 2. Chevaux et poulains... Tte 5 40 3. Chameaux ... Tte 9 40 February 9, 1903.] PERSIA. 685 Designation des Merchandises de Provenance Persarie. Animaux vivauts suite . 4. Mulcts 5. Race bovine (bceufs, vaches, &c.) 6. Races ovine et caprine (moutons, brebis, chdvres, &c.) ... 7. Aniraaux vivants non de"nommes Cornes de toute espece et sabots, parties d'animaux, y compris les boyaux, produits animaux employes en m6decine et non sp6cialement de"nommes au Tarif General de Russie Graisses animales non specialement d6- nomme"es Peaux non pre"parees ou peaux en poils, a 1'exception des pelleteries (a.) Seches ou salves a sec (6.) Sal6es humides ... Peaux prepare (.) Peaux tanne"es, pre" parses a 1'alun, m6- gissees, chamoisees, petites et grandes, a 1'exception du maroquin, les peaux glacees, le chevreau, et le chagrin (6.) Maroquin... (c.) Pelleteries de toute espece non sp6- cialement denommees au Tarif General de Russie ... ... Bois communs en poutres, rondins, perches, en billots, en poutres equarries ou seizes de plus de deux pouces d'epais- seur, en planches et poutrelles d'uue 6paisseur superieure a J de pouce jusqu'a 2 pouces inclusivement, non rabotees, bois a bruler, bourrees, fagots Foin sous toute forme et paille non net- toy^e Parties de plantes dans leur etat naturel et semences, non sp6cialement denommees, y compris le s6same Nattes et sacs confectionnes avec des matieres vegetales non textiles ... Pierres precieuses et demi - precieuses, naturelles ou artifi(jieUes, brutes ou taillees, perles fines ou fausses, coraux v^ritables ou artificiels, non ouvr6s T^te Tdte T6te Valeur Le pond brut Le poud Le poud Le poud Le poud Le poud La livre Droits. Rs. Kop. 7 20 r 80 18 10 pour cent Exempts 30 60 30 80 1 10 2 30 Exempts Exempts Exempts Exempts 2 00. 686 PERSIA. [February 9, 1903. si Designation des Marchandises de Provenance Persane. Droits. Rs. Kop. 18 Charbon de bois ... Exempt 19 Gommes et resines de toute espece, non specialement denommees dans le Tarif General de Russie Le poud 60 Coton brut, les bouts et les peignures de coton... Lin et chanvre, peignes ou non, peignures de lin et de chanvre ... ... Laines et poils, non peign6s, non file's, en suint ou Iav6s, non teints, peignures de laines non teintes Tissus de coton ecrus, blanchis, teints, colored, peints, imprimis, y compris les velours, et peluches en coton, de pro- venance Persane certified par le Consulat Imperial de Russie Tissus de soie de provenance Persane certifiee par le Consulat Imperial de Russie (a.) Tissus de soie pure broches de fils d'argent faux ou fin, dore"s on non dores, ainsi que les velours et peluches de soie pure (6.) Tissus de soie pure tons autres, y compris les tissus de bourre et de bourrette de soie ... Remarque. Les tissus qui con- tiennent dans 1'ensemble des fils de leur chatne et de leur trame plus de 90 pour cent de fils de pure soie seront traitSs comme 6tant de pure soie. (c.) Tissus de soie melangee de coton ou d'autres filaments vegetaux, a chaine ou a trame de pure soie Tissus de laine de toute espece, y compris les tissus confectionnes de fils de poils de chevre, de vigogne et de chameau, cou- vertures de lit en frise (laine grossiere), housses en laine pour chevaux, cloches de feutre, etamines et ceintures sans melange de soie, de provenance Persane certifiee par le Consulat Imperial de Russie Le poud Le poud La livre La livre La livre La livre 40 Exempts 30 38 La livre 1 25 75 38 18 February 9, 1903.] PERSIA. 687 Designation des Merchandises de Provenance Persane. Droits. Remarque ge"ne"rale pour tous les tissus men- tionntfs de provenance Persane certifie'e par le Consulat Imperial de Russie. Les tissus de iaine on de filaments ve"ge"- taux, melanges, brodes, ou broche"s de soie ou de fils d'argent faux ou fin, dore"s ou non dores, acquittent les droits du tissu selon 1'espece augmentes de 20 pour cent. Les tissus de Iaine ou de filaments vege"taux brodes ou broches de Iaine ou de filaments vegetaux, acquittent les droits du tissu selon 1'espece augmentes de 10 pour cent. Feutre ordinaire et les articles confec- tionnes en feutre non sp6cialement de- nommes, teints ou non teints Ouvrages tricot^s en Iaine, coton, et autres matieres filamenteuses, mais sans melange de soie, faits a la main, de provenance Persane certifiee par le Oonsulat Imperial de Russie Tapis de Iaine de toute espece, de pro- venance Persane certifiee par le Consulat Imperial de Russie Rs. Kp. Le poud Le poud Le poud 50 1 50 4 00 TAEIF (C). Exportations de Perse au Koyaume-Uni. No. Designation des Marchandises. Droits. Animaux vivants 1. Anes 2. Chevaux et poulains... 3. Chameaux ... 4. Mulets 5. Race bovine (bceufs, vaches, &c.) 6. Races ovine et caprine (moutons, brebis, chevres, &c.) 7. Animaux vivaiits non denomm6s Tete Tete Tete Te-te Tete Valeur T. Kr. Ch. 100 300 500 1 10 pour cent 2 Armes de toute espece ... ... Prohibe"es 3 Beurres et autres graisses comestibles Les 10 batmans 7 4 Boissoiis 1. Vins de toute espece. .. 2. Eaux-de-vie t liqueurs de toute espece Le batman Le batman 5 2 10 688 PERSIA. [February 9, 1903. No. | Designation des Merchandises. i * . Droits. 5 Denr6es et conserves aliraentaires T. Kr. Ch. 1. Sel Les 10 batmans 1 2. (Eufs 100 ceufs 005 3. Grains, graines, et leurs derives (a.) Eiz monde Les 10 batmans 15 (6.) Biz non monde n'ayant plus de balle exte"rieure, niais ayant encore la pellicule interieure Les 10 batmans 007 (c.) Eiz non monde ayant la balle ex- terieure ... Les 10 batmans 005 (d.) Tous autres grains Les 10 batmans 010 (e.) Farines comestibles Les 10 batman s 1 10 6 Matieres textiles brutes 1. Soie en cocons et d6chets de soir non peignee Les 10 batmans 1 5 2. Soie grege, ouate de soie et dechets de soie peignee, teints ou non teints Les 10 batmans 300 7 Opium Le batman 500 Remarque. Ce droit pourra etre abaiss6 par le Gouvernement Persan jusqu'a deux tomans. 8 Pierres precieuses, montees ou non mont^es, y compris les perles Valeur 5 pour cent 9 Poissons f rais, sees, ou sales Les 10 batmans 1 10 Tabacs 1. Tabacs non fabriques Les 10 batmans 1 2. Tabacs fabriques Les 10 batmans 300 11 Toutes autres marchandises ... Exemptes j .._ Fait double, en francais et en persan a Teheran le 9 Fevrier, 1903, et le 11 Zilkadeh del'an 1320 de 1'Hegire. (L.S.) AETHUE H. HAEDINGE. (L.S.) J. NAUS. The seal and signature of the Atta Bek Azam were affixed to the Persian text. (A.) Sir A. Hardinge to M. M. le Ministre, Teheran, le 12 Fevrier, 1903. Tout en m'autorisant a signer, le 9 Fevrier, la Declaration concernant les nouveaux Tarifs dans les termes que nous avions rediges, le Gouvernement du Eoi tient a mettre au clair le sens qu'il attache a la derniere partie de 1'Article II. February 9, 1903.] PERSIA. 689 II lui semble que la Convention Specials dont il est question dans cet Article ne deviendrait ne"cessaire qu'au cas de d6saccord entre les deux Hautes Parties Contractantes par rapport aux nouveaux droits proportionnels que la Perse aura la facult6 dans certaines eventualites de prelever. II se pourrait que ces droits misent les importations Anglaises, comparees a celles des autres pays ayant des Conventions Commercials avec la Perse, sur un pied d'inegalite qni nous amenerait a demander un nouvel arrangement, & defaut duquel la Declaration actuelle serait abrogee, et le regime ant6rieur retabli. La conclusion d'une Convention Sp6ciale consacrant un pareil arrangement ne decoulerait cependant point ipso facto d'une augmentation r6ciproque de droits, mais seulement d'une contestation a ce sujet. Nous estimons aussi que la suppression en Angleterre de nouveaux droits motivant du c6t6 Persan les repr6sailles prevues par la Declaration entralnerait comine consequence naturelle la cessation simultan6e de celles-ci. Ce raisonne- ment n'est d'ailleurs qu'equitable. Je vous prie, M. le Ministre, si ces vues sont conformes, com me je le pense, a celles du Gouvernement Persan, de vouloir bien me I'affirmer par 6crit. Cet echange de notes constituerait alors une annexe a 1'accord que nous venons de souscrire et ecarterait la possibility de tout malentendu ulterieur. Les copies des Tarifs (A) et (C) annexes a la Declaration ont ete preparees a la hate, vu la ne'cessite' de les exp6dier le 10 courant a Londres, et contiennent par consequent de nombreuses rectifications et surcharges. Je prierais votre Excellence de bien vouloir m'en fournir, aussitot que vous le pourrez, de nouvelles copies soigneusement collationnees, que je leur ferai substituer afin d'assurer que les droits et autres details inscrits dans les Tarifs annexes a la Declaration du 9 Fevrier dernier soient identiques a ceux inscrits dans les Tarifs annexe's a la Declaration Eusso-Persane du 27 Octobre, 1901. Nous sommes convenus aujourd'hui que la Declaration entrerait en vigueur le 14 courant. Elle ne pourra 6tre promulgue'e en Angleterre que quelques semaines plus tard, mais comme elle n'y modifie point de fait le r6gime actuelle- ment applique au commerce Persan, ce retard ne comporte, a mon avis, aucune consequence d'ordre pratique. Veuillez, &c., (Signe") ABTHUPv H. HAEDINGE. (B.) M. Naus to Sir A , Hardinge. M. le Ministre, Teheran, le 13 Fdvri&r, 1903. J'ai 1'honneur d'accuser reception & votre Excellence de son office du 12 FeVrier courant relatif a Interpretation de certaines clauses de la Declaration Anglo- Persane du 9 de ce mois. En consequence, preuant acte, au nom du Gouvernement Persan, de votre office pr6cite et me referant au surplus aux conferences que j'ai cues avec votre Excellence a ce sujet, je resume ci-apres les points sur lesquels notre accord commun est constate" : 1. Article 2, in fine, relativement & la clause stipulant- - Que dans le cas ou le Eoyaume-Uni viendrait a etablir dans son Tarif General, sans un accord prealable avec la Perse, sur les produits Persans 6num6res dans le Tarif (B) applicable aux importations Persanes en Eussie (annexe a la Declaration ad memorandum} des droits autres que ceux qui existent actuellement dans son Tarif General pre~cite et superieurs aux droits inscrits dans le dit Tarif (B), la Perse aurait la faculte d'imposer ^ son tour des droits proportionnels aux provenances de mme espece du Eoyaume-Uni ; Qu'une Convention Speciale serait negociee dans ce but ; et Qu'a defaut d'entente la Declaration deviendrait nulle et que les deux Parties se trouveront de nouveau sous le regime anterieur consacr6 par 1'Article IX du Traite de Paris du 4 Mars, 1857 ; II est convenu (a.) Qu'il n'y aurait lieu a la negociation de la Convention prevue qu'en cas de contestations relativement a une augmentation reciproque de certains droits ; [536] 2 Y 690 PERSIA. [February 9, 1903. (6.) Que si le Royaume-TJni, apres avoir 6tabli dans sou Tavif General de nouveaux droits d'entree, ayant Justine Fetablissement en Perse de nouveaux droits d'entree proportionnels, venait a supprimer les dits droits, cette suppres- sion entrainera de plein droit la suppression des monies droits proportion nels a 1'entree en Perse ; (c.) Et enfin, afin d'eviter tout malentendu ulterieur sur ce point, il est formellement stipule que le retour 6ventuel au " regime anterieur consacre par 1' Article IX du Traite de Paris du 4 Mars, 1857," ne vise pas le retablissement eventuel des droits anterienrs de 5 pour cent a 1'entree et a la sortie prevus par le Traite Russo-Persan de Tourkmantchai du 10 (22) Fevrier, 1828, mais bien le retour eventuel au regime reciproque pur et simple de la nation la plus favorisee, sans stipulations de Tarif prevu par le dit Traite de Paris. 2. Article 5. Concernant 1'application de la clause disant qu'un Reglement General arre'te par 1' Administration des Douanes pour lequel il sera etabli un accord avec la Legation d'Angleterre a Teheran fixera, &c., il est entendu que, puisque la Declaration Russo-Persane du 27 Octobre, 1901, laquelle est ante- rieure, prevoit que le Reglement dont il s'agit devra etre arrete d'accord avec la Legation de Russie & Teheran, c'est sur la base de la dite Declaration Russo- Persane que 1'accord sera etabli avec la Legation d'Angleterre. 3. Article 6. Le Gouvernement Persan se declare oblig6 en cas d'abaisse- rnent, sur la demande de la Legation de Russie a Teheran, des droits de Douane a 1'egard des rnarchandises importees de Russie. d'etendre aussitot cet abaisse- ment des droits aux marchandises Britanniques a leur entree en Perse, de meme qu'aux marchandises Persanes a leur exportation pour 1'Empire Britannique, sans attendre ime Declaration speciale a ce sujet de la part de la Legation I'Angleterre & Teheran. 4. Les copies des Tarifs (A) et (C) annexees a la Declaration ayant ete preparees a la hate et contenant, par suite, de nombreuses rectifications et surcharges, il est entendu que 1'Ad ministration des Douanes en fera dresser, le plus tot possible, de nouvelles copies soigneusement collationnees ah'n d'assurer ([\\e les droits et les an t res details inscrits soient strict ement conformes a ceux iuscrits dans les Tarifs annexes a la Declaration Russo-Persane du 27 Octobre, 1901. Ces nouvelles copies seront substitutes a celles qui ont ete echangees primitivement. J'ai Fhonneur, M. le Ministre, de prier votre Excellence de bien vouloir me confirmer son accord au sujet des Declarations qui precedent, lesquelles constituent nne annexe a la Declaration du 9 Fevrier, 1903. Pour le surplus je marque a votre Excellence 1'accord du Gouvernement Persan relativement a la promulgation ulterieure en Angleterre de la Declaration echangee entre les deux Gouvernements. Je vons prie, &c. (Signe) NAL T S. (C.) Sir A. Hardinge to M. Naus. M. le Ministre, ^ Teheran, le 14 Fe'crier, 1903. En reponse a 1'office de A-otre Excellence en date d'hier, j'ai 1'honneur de vous marquer mon accord, eonformement a votre desir, au sujet des Declarations explicatives y contennes, sons la reserve, pour ce qui concerne le Reglement Donanier vise par 1' Article 5 de la Declaration Russo-Persane, que tout droit on avantage que ce Reglement concedera au Gouvernement et aux snjets Russes devra 6galement ^tre concede", dans celui qui sera etabli avec nous, au Gouverne- ment et aux sujets de Sa Majeste Britannique. Je vous prie, &c. (Signe) ARTHUR H. HARDINGE. UNIVERSITY OF ^^JFQL^ April 10, 1850.] PERU. 69?. PERU. No. 133. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION IJKTWEKN GREAT BRITAIN AND PERU. Signed at London, April 10, 1850.' [Ratifications exchanged at London October 15, 1852.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Kepublic of Peru, being desirous to maintain and improve the relations of good understanding which happily subsist between them, and to promote the commercial intercourse between their respective subjects and citizens, have deemed it expedient to conclude the following Treaty of Friend- ship, Commerce, and Navigation, and have for that purpose named as their respective Plenipotentiaries, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Eight Honourable Henry John Viscount Palmerston, Baron Temple, a Peer of Ireland, a Member of Her Britannic Majesty's Most Honourable Privy Council, a Member of Parliament, Knight Grand Cross of the Most Honourable Order of the Bath, and Her Britannic Majesty's Principal Secre- tary of State for Foreign Affairs ; and the Plight Honourable Henry Labouchere, a Member of Her Majesty's Most Honourable Privy Council, a Member of Parliament, and President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations ; And His Excellency the President of the Republic of Peru, Don Joaquin Jose de Osma, Minister Plenipotentiary of the Republic of Peru at the Court of Her Britannic Majesty ; Who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon and concluded the following Articles : ARTICLE I. Friendship. There shall be perpetual friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, her * Signed also in Spanish. [536] 2 Y 2 692 PERU. [April 10, 1850. heirs and successors, and the Republic of Peru, and between their respective subjects and citizens. ARTICLE II. Freedom of Commerce, Navigation, and Residence. Hiring, c., of Houses and Warehouses. Trade. National Treatment. There shall be, between all the dominions of Her Britannic Majesty and the territories of the Republic of Peru, a reciprocal freedom of commerce. The subjects and citizens of each of the two countries, respectively, shall have liberty freely and securely to come, with their ships and cargoes, to all places, ports, and rivers in the territories of the other, where trade with other nations is permitted. They may remain and reside in any part of the said territories respectively ; and hire and occupy the houses and warehouses which they may require ; and may trade by wholesale or retail in all kinds of produce, manufactures, and merchandize of lawful commerce, enjoying the same exemptions and privileges as native subjects or citizens, and subject always to the same laws, decrees, and established customs as native subjects or citizens. Vessels of War and Mail Packets. In like manner, the ships of war and post-office packets of each country, respectively, shall have liberty to enter into all harbours, rivers, and places, within the territories of the other, to which the ships of war and packets of other nations are or may be permitted to come, to anchor there, and to remain and refit ; subject always to the laws and regulations of each country respectively. Coasting Trade Reserved. The stipulations of this Article do not apply to the coasting trade, which each country reserves to itself respectively, and shall regulate according to its own laws. ARTICLE III. [Terminated in 1864] ARTICLE IV. [Terminated in 1864.] ARTICLE V. [Terminated in 1864] ARTICLE YI. [Terminated in 1864] April 10, 1850.] PERU. 693 ARTICLE VII. Transaction of Business } Employment of Agents, Fiction of 7VArx of Goods. National Treatment. All merchants, commanders of ships, and others, the subjects or citizens of each country respectively, shall have full liberty, in all the territories of the other, to manage their own affairs them- selves, or to commit them to the management of whomsoever they please, as agent, broker, factor, or interpreter ; and they shall not be obliged to employ any other persons than those employed by natives, nor to pay to such persons as they shall think fit to employ, any higher salary or remuneration than such as is paid, in like cases, by natives. The subjects of Her Britannic Majesty in Peru, and the citizens of Peru in the dominions of Her Britannic Majesty, shall enjoy the same full liberty which is now or may hereafter be enjoyed by natives of each country respectively, to buy from and sell to whom they like, all articles of lawful commerce, and to fix the prices thereof as they shall see good, without being prejudiced by any privilege granted to other individuals to buy or sell ; subject, however, to the general contributions or imposts established by law. Protection of Persons and Propertu. Administration of Justice. National Treatment. The subjects and citizens of either of the Contracting Parties, in the territories of the other, shall enjoy full and perfect protec- tion for their persons and property, and shall have i'ree and open access to the courts of justice for the prosecution and defence of their just rights ; and they shall be at liberty to employ, in all causes, the advocates, attorneys, or agents of whatever description, whom they may think proper ; and they shall enjoy in this respect the same rights and privileges as native subjects or citizens. ARTICLE VIII. Police of the Ports. Loading and Unloading of Vessels. Ware- housing. Succession to and Disposal of Property. Adminis- tration of Justice. National Treatment. In whatever relates to the police of the ports, the lading and unlading of ships, the warehousing and safety of merchandize, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination by sale, donation, exchange, or testament, or in any other manner whatsoever, as also with regard to the administra- tion of justice, the subjects and citizens of each Contracting Party shall enjoy, in the dominions or territories of the other, the same privileges, liberties, and rights, as native subjects or citizens ; and shall not be charged, in any of these respects, with any other or 694 PERU. [April 10, 1850. higher imposts or duties, than those which are or may be paid by native subjects or citizens : subject always to the local laws and regulations of such dominions or territories. Intestate Estates. In the event 'of any subject or citizen of either of the two Contracting Parties dying without will or testament, in the dominions or territories of the other Contracting Party, the Consul-General, Consul, or Vice-Consul of the nation to which the deceased may belong shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named according to the laws of the country in which the decease shall have taken place. AETICLE IX. Exemption from Military Service, Forced Loans, &c. Taxes, fyc. National Treatment. The subjects of Her Britannic Majesty residing in the liepublic of Peru, and the citizens of the Kepublic of Peru residing in the dominions of Her Britannic Majesty, shall be exempted from all compulsory military service whatsoever, whether by sea or land, and from all forced loans, or military exactions or requisitions ; and they shall not be compelled, under any pretext whatsoever, to pay any ordinary charges, requisitions, or taxes, other or higher than those that are or may be paid by native subjects or citizens. ARTICLE X.* Military and Naval Deserters. Each of the two Contracting Parties agrees that it will not knowingly receive into, or retain in, its service, any subjects or citizens of the other Party who have deserted from the naval or military service of that other Party ; but that, on the contrary, each shall respectively discharge from its service any such deserters, upon being required by the other Party so to do. Recovery of Merchant Seamen Deserters. Most-favour ed-naiion Treatment. And it is further agreed, tliat if any of the crew shall desert from the vessels of war* or merchant-vessels of either Contracting Party, while such vessels are within any port in the territory of * This Article does noc apply to deserters from vessels of war. See Declaration of October 15, 1852 (p. 098). April 10, 1850.] PERU. 695 the other Party, the authorities of such port and territory shall be bound to give every assistance in their power for the appre- hension of such deserters, on application to that effect being made by the Consul of the Party concerned, or by the deputy or repre- sentative of the Consul; and no public body whatever shall protect or harbour such deserters. It is further agreed and declared, that any other ""'favour or facility with respect to the recovery of deserters, which either of the Contracting Parties has granted, or may hereafter grant, to any other State, shall be granted also to the other Contracting Party, in the same manner as if such favour or facility had been expressly stipulated by the present Treaty. ARTICLE XL Appointment and Privileges of Diplomatic and Consular Officers. Most-Javoured-nation Treatment. It shall be free for each of the two Contracting Parties to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other Party ; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent ; and either of the Contracting Parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted. The Diplomatic Agents and Consuls of Her Britannic Majesty in the Republic of Peru shall enjoy whatever privileges, exemp- tions, and immunities, are or may be there granted to the Diplomatic Agents and Consuls of the same rank of the most favoured nation ; and in like manner, the Diplomatic Agents and Consuls of the Republic of Peru in the dominions of Her Britannic Majesty shall enjoy whatever privileges, exemptions, and immuni- ties, are or may be there granted to Agents of the same rank of the most favoured nation. ARTICLE XII. Rupture of Friendly Relations. Position of Persons and Property. National Treatment. For the better security of commerce between the subjects of Her Britannic Majesty and the citizens of the Republic of Peru, it is agreed that if, at any time, any interruption of friendly intercourse, or any rupture should unfortunately take place between the two Contracting Parties, the subjects or citizens of either of the two Contracting Parties, residing upon the coasts, shall be allowed six months, and those residing in the interior a year, to wind up their accounts, and dispose of their property : and a safe-conduct shall be given them to embark at the port which they shall themselves select. All subjects or citizens of 696 PERU. [April 10, 1850. cither of the two Contracting Parties who may be established iii the dominions or territories of the other, in the exercise of any trade or special employment, shall have the privilege of remaining and continuing such trade or employment therein, without any manner of interruption, in full enjoyment of their liberty and property, as long as they behave peaceably, and commit no offence against the laws ; and their goods and effects, of whatever description they may be, whether in their own custody, or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like effects or property belonging to native subjects or citizens. In the same case, debts between individuals, public funds, and the shares of companies, shall never be confiscated, sequestered, or detained. ARTICLE XIII. Protection of Persons and Property, Liberty of Conscience. The subjects or citizens of either of the two Contracting Parties, residing in the dominions or territories of the other, shall continue to enjoy, as hitherto, in regard to their houses, persons, and properties, the protection of the Government. In like manner, the subjects and citizens of each Contracting Party shall enjoy, in the dominions or territories of the other, full liberty of conscience, and shall not be molested on account of their religious belief, provided they respect the established laws and customs ; and such of those subjects and citizens as may die in the territories of the other Party, shall "be buried in the public cemeteries or accustomed places, with suitable decorum and respect. ARTICLE XIV. Wrecks and Salvage. National Treatment. If any ship of war or merchant-vessel of either of the Contracting Parties should be wrecked on the coasts of the other, such ship or vessel, or any parts thereof, and all furniture and appurtenances belonging thereunto, arid all goods and merchandize which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored to the proprietors, upon being claimed by them or by their duly authorized agents ; and if there are no such proprietors or agents on the spot, then the said goods and merchandize, or the proceeds thereof, as well as all the papers found on board such wrecked ship or vessel, shall be delivered to the British or Peruvian Consul in whose district the wreck may have taken place ; and such Consul, proprietors, or agents, shall pay only the expenses incurred in the preservation of the property, together with the rate of. salvage which would have been payable in the like case of a wreck of a national vessel. The goods and April 10, 1850.] PERU. 697 merchandize saved from the wreck shall not be subject to duties, unless cleared for consumption. ;ARTICLE xv. Slave Trade. The Republic of Peru engages to co-operate with Her Brilannic Majesty for the total abolition of the Slave Trade, and to prohibit all persons inhabiting the territories of the Republic, or subject to its jurisdiction, in the most effectual manner, and by penal laws, from taking any share in such trade. ARTICLE XVI. Either Party may give Notice to Terminate Articles III to VI after Seven Years. In order that the two Contracting Parties may have the opportunity of hereafter treating and agreeing upon such other arrangements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective subjects and citizens, it is agreed that at any time after the expiration of seven years from the date of the exchange of the ratifications of the present Treaty, either of the Contracting Parties shall have the right of giving to the other Party notice of its intention to terminate Articles III, IV, V, and VI of the present Treaty ; and that at the expiration of twelve months after such notice shall have been received by either Party from the other, the said Articles, and all the stipula- tions contained therein, shall cease to be binding on the two Con- tracting Parties. ARTICLE XVII. Ratifications. The present Treaty shall be ratified by Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and by the President of the Republic of Peru, with the authority of the Congress; and the ratifications shall be exchanged at London in two years, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have amxecl thereto their respective seals. Done at London, the tenth day of April, in the year of our Lord one thousand eight hundred and fifty. (L.S.) PALME RSTON. (L.S.) H. LABOUCHERE. (L.S.) JOAQ X J. DK OSMA. 698 PERU. [Apr. 10, 1850. Aug. 20, 1903. DECLARATION MADE BY THE BRITISH PLENIPOTENTIARY ON THE EXCHANGE OF THE RATIFICATIONS OF THE PRECEDING TREATY. Stipulations of Article X of Treaty only apply to Scomcn in if />////// Slaves. WHEREAS by the second paragraph of Article X of the Treaty of Friendship, Commerce, arid Navigation, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Republic of Peru, concluded and signed at London on the 10th of April, 1850, it was stipulated, that if any of the crew shall desert from the vessels of war or merchant-vessels of either Contracting Party, while such vessels are within any port in the territory of the other Party, the authorities of such port and territory shall be bound to give every assistance in their power for the apprehension of such deserters, on application to that effect being made by the Consul of the Party concerned, or by the deputy or representative of the Consul ; and that no public body whatever shall protect or harbour such deserters ; And whereas the power of apprehending such deserters in the British Dominions is by law confined to seamen, not being slaves, who may desert from merchant-ships belonging to the subjects of a foreign Power : The Undersigned, Plenipotentiary of Her Britannic Majesty, in proceeding to the exchange of the ratifications of the Treaty above mentioned, therefore declares, that the ratifications are exchanged on the understanding that the above-quoted stipula- tions of Article X thereof shall, in the British Dominions, be held to be applicable only to seamen, not being slaves, who may desert from merchant-ships belonging to citizens of the Republic of Peru. (Signed) MALMESBURY. London, October 15, 1852. No. 134. ACCESSION OF PERU TO INTERNATIONAL SUGAR CONVENTION OF MARCH 5, 1902. August 20, 1903. Count de Lalaing to the. Marquess of Lansdowne. M. le Marquis, Londres, le 20 Aoitt, 1903. EN annon9ant a votre Seignemie, sous la datu du 26 Juin dernier, I'intention manifestee par le Gouvernement Peruvien August 20, 1903.] PERU. 699 d'adherer a la Convention des Snores, je signalais a votre Seigneurie, d'apres les instructions de mon Gonvernement, que la Commission Permaneiite ne serait en mesure de se prononcer snr cette demande d'accession qu'apres s'etre assuree si la legislation Peruvienne satisfaisait aux prescriptions de 1'Acte du 5 Mais, 1 ( J02. L'examen auquel le regime fiscal des sncres an Perou a etc suumis par la Commission dans ses 14 C et 15 e seances fit coii- stater que les sucres importes dans ce pays etaient passibles d'un droit d'entree de 48 fr. 75 c. les 100 kilog. pour les sucres candis, et de o2 fr. 50 c. les 100 kilog. pour les autres sucres. Ces chiffres, qui, en Fabsence de tout droit d'accise on de fabrication sur les sucres nationaux, representaient le taux de la surtaxe, depassaieut tres sensiblement les limites fixees par 1' Article III de la Convention. Dans ces conditions, la Commission Permaneiite decida de subordonner 1'admission du Perou, au nombre des Etats associes, a la reduction du taux de la surtaxe aux cliiffres conventionnels de 6 fr. et de 5 fr. 50 c. par 100 kilog., et elle fixa a 21 fr. et a 13 fr. les droits compensateurs a appliquer eventuellement, en vertu de r Article IV de la Convention, aux sucres Peruviens qui seraient importes dans les pays con- tractants. Mis aiissitot au courant de cette situation par les soins du Gouvernement du Roi, le Ministre du Perou a Paris s'empressa d'eii faire part a son Gouvernement, qui soumit sans retard a Tapprobation du Coiigres National les modifications de la legislation Peruvienne reclamees par la Commission Per- manent e. Or, d'apres une communication de son Excellence M. Candamo, le Coiigres Peruvien, adopt ant les propositions dn Gouvernement, a vote une loi rameuaiit aux cliiffres fixes par 1' Article III de la Convention le taux de la surtaxe sur les sucres au Perou. Bieu ne s'opposant plus, des lors, a Fadmission du Perou parmi les Etats faisant partie de FUnion Sucriere. Faccession de ce pays a la Convention du 5 Mars, 1902, pent etre consideree comme definitivement acquise a partir du l er Septernbre pro chain. Je suis charge, M. le Marquis, conformemeiit a F Article IX de la Convention de Bruxelles, de faire cette notification au Gouvernement Britannique. Veuillez, &c. (Signe) LALAINC1. 700 PORTUGAL. [Jan. 6, 1880. Aug. , 1904. PORTUGAL. "No. loo. DECLARATION BETWEEN GREAT BRITAIN AND PORTUGAL FOR THE PROTECTION OF TRADE-MARKS. Signed at London, January, 6, 1880.' THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of His Majesty the King of Portugal and the Algarves, with a view to the reciprocal protection of trade-marks arid trade labels, as well as industrial designs and patterns in the two countries, have agreed as follows : The subjects of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as belong to native subjects, or as are now granted, or may here- after be granted, to the subjects of the most favoured nation, in everything relating to property in trade-marks and trade labels, as well as in industrial designs and patterns. It is understood that any person who desires to obtain the aforesaid protection must fulfil the formalities required by the laws of the respective countries. In witness whereof the Undersigned, duly authorized to that effect, have signed the present Declaration, and have affixed thereto the seal of their anus. Done at London, in duplicate, the sixth day of January, 1880. (L.S.) SALISBUEY. (L.S.) MIGUEL MARTINS D'ANTAS. No. 13G. EXCHANGE OF NOTES BETWEEN GREAT BRITAIN AND PORTUGAL AS TO THE RECIPROCAL PROTECTION OF TRADE-MARKS IN CHINA. Jxgust -J, 1904. (No. 1.) Mr. Cartwriyht to Sen/ior de Lima. Your Excellency, Lisbon, August 4, 1904. UNDER an Order in Council of the 2nd February, 1899, it is open to a foreigner whose trade-mark has been infringed by a * Signed also in Portuguese. August |, 1904.] PORTUGAL. 701 British subject in China to take proceedings against the latter in the British Consular Court, provided 1. That the consent, in writing, of His Majesty's Minister or Charge d' Affaires be obtained to the prosecution ; but 2. Such consent may be withheld unless His Majesty's Minister or Charge d' Affaires is satisfied that effectual provision exists for the punishment in Consular or other Courts in China_ of similar acts committed by the subjects of the State or Power of which such prosecutor is a subject. By correspondence with the French, German, and Italian Representatives in London, it has been ascertained that provision exists for the punishment in the Consular Courts of France, Germany, and Italy in China of subjects of those countries, should they infringe British trade-marks, and the necessary information has been given to His Majesty's Representative at Peking, and to the Representatives there of the three countries mentioned, to enable them to carry out the arrangements desired by their Governments for the mutual protection of their trade-marks. 1 have the honour to inform your Excellency that, in com- municating the above to you, 1 have been instructed by the Marquess of Lansdowne to inquire whether the Portuguese Government would be disposed to conclude a similar arrange- ment with His Majesty's Government. I avail, &c., (Signed) FAIRFAX L. CART WRIGHT. (No. 2.) Senhor de Lima to Mr. Cartwright. (Translation.) Lisbon, August 8, 1904. I AM in receipt of the note by which you communicate to me the desire of the Marquess of Lansdowne to know whether the Portuguese Government would be disposed to conclude an arrangement with His Britannic Majesty's Government in ihe sense of assuring mutual protection for Portuguese and British trade-marks in China. In reply, I have the honour to inform you that the Portuguese Government have no objection in concluding the proposed arrangement in such a manner that, on the date which may be fixed by exchange of notes, both Governments shall transmit instructions to their Diplomatic Representatives at Peking, for the purpose of bringing into effect, before the Portuguese Consular Courts, offences for infringement by Portuguese subjects of British trade-marks duly registered in Portugal, and, reciprocally, before the British Consular Courts, offences for infringement by British subjects of Portuguese trade- marks, duly registered in the United Kingdom, in conformity with the International Convention of the 20th March, 1883. I avail, &c., (Signed) WENCESLAU DE LIMA. 702 ROUMANIA. [May 4, 1892 . ROUMANIA. No. 137. CONVENTION BETWEEN GREAT BRITAIN AND EOUMANIA RELATIVE TO TRADE-MARKS. Signed at Bucharest, May 4, 1892.' [Ratifications exchanged at Bucharest, June 3, 1892.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the King of Eoumania, desiring to conclude a Convention for the reciprocal protection of trade-marks and designs, have appointed as their Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Arthur George Vansittart, Esq., Her Britannic Majesty's Charge d'Affaires at Bucharest, &c., &c. ; and His Majesty the King of Eoumania, M. Alexandra N. Lahovary, Grand Cross of his Order of the Crown of Eoumania, &c., &c., his Minister Secretary of State for Foreign Affairs ; Who, having communicated to each other their Full Powers, found in good and due form, have agreed upon the following Articles : AETICLE I. Protection of Trade-marks, tyc. National and Most-favoured- nation Treatment. The subjects of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as are now granted, or may hereafter be granted, to native subjects, or to subjects of the most favoured nation, in all that relates to trade-marks, industrial designs, and patterns. In order that such rights may be obtained, the formalities required by the laws of the respective countries must be fulfilled. ARTICLE II. Application of Convention to certain British Colonies, $-c. The stipulations of the present Convention shall be applicable tu all the Colonies and foreign possessions of Her Britannic * Signed also in Roumanian. May 4, 1802.3 ROUMANIA, 703 Majesty, excepting to those hereinafter named, that is to say, except to India. Victoria. The Dominion of Canada. Queensland. Newfoundland. Tasmania. The Cape of Good Hope. South Australia. Natal. Western Australiar ~ New South Wales. New Zealand. Provided always that the stipulations of the present Conven- tion shall be made applicable to any of the above-named Colonies or foreign possessions on whose behalf notice to that effect shall have been given by Her Britannic Majesty's Representative to the King of Koumania within one year from the date of the exchange of ratifications of the present Convention. ARTICLE III. Ratifications. The present Convention shall be ratified, and the ratifications shall be exchanged at Bucharest as soon as possible. Duration of Treaty. It shall come into operation one month after the exchange of ratifications, and shall remain in force until the expiration of one year from the day on which either party may give notice of its intention to terminate it. In witness whereof the Undersigned have signed the same, and have ailixed thereto the seal of their arms. Done in duplicate at Bucharest, the fourth day of May (22nd day of April), one thousand eight hundred and ninety-two. (Signed) (L.S.) ARTHUR GEORGE VANS1TTART. (L.S.) AI, LAHOVARY. LIST OF BRITISH COLONIES WHICH HAVE ACCEDED TO THE ABOVE CONVENTION UNDER ARTICLE II : 1. India ... ... ... November 4, 1892. 2. Natal November 4, 1892. 3. Cape of Good Hope . . . November 4, 1892. 4. Queensland ... ... November 16, 1892. S.Newfoundland November 28, 1892. 6. Western Australia... ... December 3, 1892. 7. Canada July 25, 1893. 704 ROUMANIA. [May 4, 1892. ^Sf, 1893. THE FOLLOWING COLONIES HAVE NOT ACCEDED TO THE CONVENTION : 1. South Australia. 4. Tasmania. 2. Victoria. 5. New Zealand. 3. New South Wales. No. 138. CONVENTION BETWEEN GREAT BRITAIN AND EOUMANIA INSPECTING FALSE INDICATIONS OF ORIGIN ON GOODS. Signed at Bucharest, ~ff \ Ratifications exchanged at Bucharest, March -A-, 1894.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the King of Roumania, being mutually desirous of concluding a Convention relating to the suppression of false indications of origin on goods, have named as their respective Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, the Honourable Charles Hardinge, Her Britannic Majesty's Charge* d'Affaires at Bucharest, &c., &c., &c. ; And His Majesty the King of Roumania, M. Alexandre N. Lahovari, Grand Cross of the Royal Order of the Crown of Roumania, &c., &c., &c., his Minister Secretary of State for Foreign Affairs ; Who, having communicated to each other their Full Powers, found in good and due form, have agreed upon the following Articles : ARTICLE I. Seizure of Goods Bearing False Indications of Origin. National Treatment. All goods bearing a false indication of origin, in which one of the Contracting States or a place situated in one of them shall be directly or indirectly indicated as being the country or place' of origin, shall be seized on importation into either of the two States. The seizure may also be effected in the State where the false indication of origin has been applied, or in that into * Signed also in Roumanian. T^irn 1893 -1 . ROUMANIA. 705 which the goods bearing the false indication may have been imported. If the legislation of either of the two States does not sanction seizure on importation, such seizure shall be replaced by pro- hibition of importation. If the legislation of either of the two States does not permit seizure in the interior, such seizure shall be replaced by the remedies assured in such case to natives by the law of that State. ARTICLE II. Procedure in Seizure of Goods. The seizure shall be effected either at the request of the proper Government Department, or of an interested party, whether individual or Society, in conformity with the domestic legislation of each State. ARTICLE III. Seizure of Goods in Transit. The authorities are not bound to effect the seizure of goods in transit. ARTICLE IV. Name and Address of Vendor on Goods. The present stipulations do not prevent the vendor from putting his name or address upon goods coming from a country other than that where the sale takes place ; but in such case the name or address must be accompanied by a clear indication in legible characters of the country or of the place of manufacture or production. ARTICLE V. Goods not Falling within the Provisions of this Convention. The Tribunals of each country shall decide what appellations, on account of their generic character, do not fall within the provisions of the present Convention; regional appellations concerning the origin of products of the vine being, however, not comprised in the reserve provided for by the present Article. ARTICLE VI. Application of Convention to British Colonies, &c. The stipulations of the present Convention shall be applicable to all the Colonies and foreign possessions of Her Britannic Majesty, excepting to those hereinafter named, that is to say, except to [536] 2 Z 706 EOTJMANIA. India. Victoria. The Dominion of Canada. Queensland. Newfoundland. Tasmania. The Cape of Good Hope. South Australia. Natal. Western Australia. New South Wales. New Zealand. Provided always that the stipulations of the present Con- vention shall be made applicable to any of the above-named Colonies or foreign possessions on whose behalf notice to that effect shall have been given by Her Britannic Majesty's Repre- sentative at the Court of His Majesty the King of Eoumania within one year .from the date of the exchange of ratifications of the present Convention. ARTICLE VII. Ratifications. The present Convention shall be ratified, and the ratifications shall be exchanged at Bucharest as soon as possible. Duration of Convention. It shall come into operation one month after the exchange of ratifications, and shall remain in force until the expiration of one year from the day on which either of the two High Contracting Parties may give notice of its intention to terminate the same. In witness whereof the Undersigned have signed the same, and have affixed thereto the seal of their arms. Done in duplicate at Bucharest, the first day of April (the twentieth day of March), in the year of our Lord one thousand eight hundred and ninety-three. (L.S.) CHARLES HARD INGE. (L.S.) AL. LAHOVARI. LIST OF BRITISH COLONIES wincn HAVE ACCEDED TO THE ABOVE CONVENTION UNDER ARTICLE VI : 1. Newfoundland August 10,1894. 2. Victoria August 27,1894. .S.Queensland September 9,1894. 4. South Australia ... ... September 9, 1894. THE FOLLOWING BRITISH COLONIES AND FOREIGN POSSESSIONS HAVE NOT ACCEDED TO THE CONVENTION : 1. India. 5. The Cape of Good Hope. 2. Tasmania. 6. Natal. :j. Western Australia. 7. Canada. 4. New Zealand. 8. New South Wales. October 31, 1905.] ROUMANIA. 707 No. 139. TREATY OF COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND Eou MANIA. Signed at Bucharest, October 31, 1905/ [Ratifications exchanged at Bucharest, March 17, 1906.] 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 Majesty the King of Eoumania, being desirous to extend and facilitate the relations of commerce already existing between the two Countries, have determined to conclude a new Treaty 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 and of the British Dominions beyond the Seas, Emperor of India ; Sir John Gordon Kennedy, His Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Eoumania, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George ; Hubert Llewellyn Smith, Esquire, Comptroller-General of the Commercial, Labour, and Statistical Department of the Board of Trade, Companion of the Most Honourable Order of the Bath ; And John Francis Charles, Count xle Salis, a First Secretary in His Britannic Majesty's Diplomatic Service ; And His Majesty the King of Eoumania ; General Jacob Lahovary, his Minister for Foreign Affairs, Grand Cross of the Order of the Crown of Eoumania, Grand Officer of the Order of the Star of Eoumania, &c. ; Who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following Articles : AETICLE I. Freedom of Commerce and Navigation. National Treatment. There shall be between the territories of the two Contracting Parties reciprocal freedom of commerce and navigation. The subjects of each of the two Contracting Parties shall 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 are ov may be permitted to come, arid shall enjoy the same rights, privileges, liberties, favours, immunities, and exemp- tions in matters of commerce and navigation as are or may be enjoyed by native subjects. * Signed also in Roumanian. [536] 2 / 2 708 BOUMANIA. [October 31, 1905. Taxes, &c. National and Most-favoured-nation Treatment. The subjects 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 subjects or citizens of the most favoured nation. ARTICLE II. Commerce, Navigation, Industry. Most-favoured-nation Treat-men t. The Contracting Parties agree that, in all matters relating to commerce, navigation, and industry, any privilege, favour, 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 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 favoured nation. AllTICLE III. Acquisition and Disposal of Property. National Treatment. The subjects of each of the Contracting Parties in the terri- tories 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 arc or shall be established with regard to the subjects or citizens of any other foreign Country. 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. Exportation of Produce of Property. National Treatment. The subjects 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 toother or higher duties than those to which subjects of the country would be liable under similar circumstances. Administration of Justice. National Treatment. They shall, on compliance with the laws of the country, have free access to the Courts of Justice, either for the prose- cution or for the defence of their rights, and in this respect October 31, 1905.] ROUMANIA. 709 they shall enjoy all privilege 3 and immunities of native subjects ; and in the same manner as these they shall be at liberty to employ in all causes advocates and agents of all kinds, authorized by the laws of the country. ARTICLE IV. A'./v in nt ion from Military Service, Municipal Functions, Forced Loans, &c. Most-favoured-nation Treatmen t. The subjects of each of the Contracting Parties in the terri- tories of the other shall be exempted from all compulsory military service whatever, whether in the army, navy, national guard, or militia. They shall ba equally exempted from all judicial, administrative, and municipal functions whatever, other than those imposed by the laws relating to juries and guardian- ship, as well as from all contributions, whether pecuniary or in kind, imposed as an equivalent for personal service, and finally from any military exaction or requisition. The charges connected with the possession, by any title, of landed property are however excepted, as well as compulsory billeting, and other special military exactions or requisitions, to which all subjects of the country may be liable as owners or occupiers of real property. In the above respects the subjects of each of the Contracting Parties shall not be accorded, in the territories of the other, less favourable treatment than that which is or may be accorded to subjects or citizens of the most favoured nation. ARTICLE V. Imports : Duties and Prohibitions. Most- l'i'ott red- nation Treat in cut. The articles, the produce or manufacture of one of the Con- tracting Parties, imported into the territories of the other, from whatever place arriving, shall not be subjected to other or higher duties or charges than those paid on the like articles, the produce or manufacture of any other foreign Country. Nor shall any prohibition or restriction be maintained or imposed on the importa- tion of any article, the produce or manufacture of either of the Contracting Parties into the territories of the other, from whatever place arriving, which shall not equally extend to the importation of the like articles being the produce or manufacture of any other foreign Country. The only exceptions to this general rule shall be in the case of the sanitary or other prohibitions occasioned by the necessity of securing the safety of persons or of cattle, or of plants useful to agriculture, and of the measures applicable in either of the two countries to articles enjoying a direct or indirect bounty in the other. The merchandize, the produce or manufacture of the United Kingdom enumerated in the Tariff annexed to this Treaty, shall not, on importation into Roumania, be subjected to higher or other duties than those mentioned in the said Tariff. 710 ROUMANI A. [October 31 , 1 905. ARTICLE VI. Exports: Duties and Prohibitwiis. Most-favoured- unlion Treatment. The articles, the produce or manufacture of one of the Con- tracting Parties, exported to the territories of tho other, shall not be subjected toother or higher charges than those p.iid on the like articles exported to another foreign Country. Nor shall any pro- hibition be imposed on the exportation of any article from the territories of either of the two Contracting Parties to the terri- tories of the other which shall not equally extend to the exporta- tion of the like article to any other foreign Country. AETICLE VII. Exemption from Transit Duties. Merchandize of all kinds, the produce or manufacture of one of the Contracting Parties, passing in transit through the terri- tories of the other shall be reciprocally free from all transit duties, whether they pass direct or whether during transit they are unloaded, warehoused, and reloaded. ARTICLE VIII. Internal Duties on Goods. National Treatment. No internal duties levied for the benefit of the State, local authorities, or corporations, which affect or may affect the pro- duction, manufacture, or consumption of any article in the terri- tories of either of the Contracting Parties, shall for any reason be a higher or more burdensome charge on articles the produce or manufacture of the other than on similar articles of native origin. The produce or manufacture of either of the Contracting Parties, imported into the territories of the other, and intended for warehousing or transit, shall not be subjected to any internal duty. ARTICLE IX. Exports cnul Imports in Vessels of either Country. National Treatment. Each of the Contracting Parties shall permit the importation or exportation on the vessels of the other of all merchandize which may be legally imported or exported ; and such vessels and their cargoes shall enjoy the same privileges and shall not be subjected to any other or higher duties or charges than national vessels and their cargoes. ARTICLE X. Fisheries and C'ojxtin;/ Trade. jjfost-fapourfd-nation Treatment. The provisions of this Treaty relating to the mutual concession of national treatment in matters of navigation do not apply to fisheries or to the coasting trade, in respect of which the subjects and vessels of the Contracting Parties shall enjoy most-favoured- nation treatment. British and Roumanian vessels may nevertheless proceed from October 31, 1905.] ROUMANIA. 711 one port to another either for the purpose of discharging the whole or part of their cargoes brought from abroad, or of taking on board the whole or part of their cargoes for a foreign des- tination. AKTICLE XI. Stationing, Loading and Unloading of Vessels. National Tmi.tm.ent. Tn all that regards the stationing, loading, and unloading of vessels in the ports, docks, roadsteads, and harbours of the terri- tories of the Contracting Parties, no privilege shall be granted to national vessels which shall not be equally granted to vessels of the other Country ; the intention of the Contracting Parties being that, in this respect also, their vessels shall be treated on the footing of perfect equality. AKTJCLE XII. Tonnage, Harbour, Pilotage, Lighthouse, Quarantine, &c., Dues. Nat ional Treatment. No duties of tonnage, harbour, pilotage, lighthouse, quaran- tine, or other analogous duties of whatever nature, or under what- ever denomination, levied in the name or for the profit of the Government, private individuals, corporations, or establishments of any kind, shall be imposed in the ports of the territories of either of the Contracting Parties upon the vessels of the other Country, which shall not equally and under the same conditions be imposed in the like cases on national vessels in general. Such equality of treatment shall apply to the respective vessels, from whatever port or place they may arrive, and whatever may be their destination. AKTICLE XIII. Vessels in Distress. Any merchant-vessel of either of the Contracting Parties, which may be compelled by stress of weather or by accident to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary stores, and to put to sea again, without paying any dues other than such as would be payable in a similar case by a national vessel. In case, however, the master of a mer- chant-vessel should be under the necessity of disposing of a part of his merchandize in order to defray his expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come. Wrecks. National Treatment. It' any vessel of one of the Contracting Parties should run aground or be wrecked upon the coasts of the other, such vessel shall enjoy, both as regards the hull and the cargo, the privileges and immunities which the legislation of each of the Countries accords to its own vessels in similar circumstances. Every assist- 712 ROUMANIA. [October 31, 1905. ance shall be afforded to the master and the crew, both as regards their persons and the vessel and its cargo. Salvage. No tio n a I Trca tm cnt. Salvage operations shall take place in conformity with the laws of the Country. Nevertheless, the respective Consuls or Consular Agents shall be allowed to superintend the operations relative to repair or revictualling, or the sale, if necessary, of the vessels run aground or wrecked on the coast. Everything saved from the vessel and cargo, or the proceeds of their sale, shall be restored to the owners or their agents, and no expenses of salvage shall be paid higher than those to which native subjects would be subject in similar cases. The Contracting Parties agree, moreover, that merchandize saved shall not be subjected to the payment of any customs duty unless destined for internal consumption. ARTICLE XIV. National Vessels. All vessels which, according to British law, are to be deemed British vessels, and all vessels which, according to Roumanian law, are to be deemed Roumanian vessels, shall, for the purposes of this Treaty, be deemed British or Roumanian vessels respectively. ARTICLE XV. Seamen Deserters. ' The Consuls and Consular Agents of each of the Contracting Parties, residing in the territories of the other, shall receive from the local authorities such assistance a? can by law be given to them for the recovery of deserters from the vessels of their respec- tive Countries, ARTICLE XVI. Modifications of Treaty. The Contracting Parties reserve to themselves the right of introducing into the present Treaty subsequently and by common accord such modifications as may he deemed to be in conformity with its spirit and principles, and the desirability of which may have been proved by experience. ARTICLE XVIL Accessions of British Colonies. The stipulations of the present Treaty shall not be applicable to any of His Britannic Majesty's Colonies, Possessions, or Protectorates beyond the Seas unless notice of adhesion shall have been given, on behalf of any such Colony, Possession, or Protectorate by His Britannic Majesty's Representative at the October 31, 1905.] ROUM ANIA . 713 Court of His Majesty the King of Roumania, before the expiration of one year from the date of the exchange of the ratifications of the present Treaty. British Colonial Produce. Moxt-fu con-red- tuition Treatment. Nevertheless, the goods produced or manufactured in any trf His Britannic Majesty's Colonies, Possessions, and Protectorates shall enjoy in Roumania complete and unconditional most- fa voured-nation treatment, so long as such Colony, Possession, or Protectorate shall accord to goods the produce or manufacture of Eoumania treatment as favourable as it gives to the produce or manufacture of any other foreign country. In such cases the Colony, Possession, or Protectorate concerned shall communicate its intention in accordance with the procedure mentioned above. ARTICLE XVIII Ratifications, Coming into Force, and Duration of Treaty. The present Treaty shall be ratified, and the ratifications shall be exchanged at Bucharest as soon as possible. It shall come into force at a date to be agreed upon, which shall not be later than the 16th February (1st March), 1906; from the date of its coming into force, the Convention of the 1st (13th) August, 1892, shall cease to have effect. The present Treaty shall be binding during four years from the day of its coming into force. In case neither of the Contracting Parties shall have given notice to the other twelve months before the expiration of the said period of four years of the intention to terminate the present Treaty, it shall remain in force until the expiration of one year from the day on which either of the Contracting Parties shall have denounced it. As regards, however, the British Colonies, Possessions, and Protectorates which may have adhered to the present Treaty in virtue of Article XVII, either of the Contracting Parties shall have the right to terminate it separately at any time on giving twelve months' notice to that effect. It is understood that the stipulations of the present and of the preceding Article referring to British Colonies, Possessions, or Protectorates apply also to the Island of Cyprus. In witness whereof the respective Plenipotentiaries have signed the present Treaty, and have affixed thereto their seals. Done at Bucharest, 31 October, 1905. (L.S.) J. G. KENNEDY. (L.S.) H.LLEWELLYN SMITH. (L.S.) J. DE SALIS. (L.S.) General J. LAHOVARY. 714 RO.UMANIA. [October 31, 1905. TARIFF. The Roumanian General Tariff referred to in the present Schedule is the Customs Tariff voted by the Chamber of Deputies in its sitting of the TndMay-' 1904 > and b y the 'Senate in its sitting of the l -~^ t 1904. In so far as the duty leviable on an article depends on the duty on another article referred to in the present Schedule, the former duty shall be calculated according to the rate granted by the Treaty and not according to the rate of duty in the Boumanian General Tariff. N umber in General Tariff. Description of Article. Unit of Weight. Duty in Lei. 68 Transmission belts, flat or round 108 102 190 207 324 325 Tissues and stufts of wool, weighing from 600 grammes to 400 grammes per square metre Carpets of wool of any form, with or without the warp of any other textile material, with the exception of the oriental carpets mentioned in Nos. 106 and 107, whether or not cut, hemmed, or combined : (.) With cut pile (" tondus ' ) ... (/>.) With uncut pile (" boueles ") Fine biscuits ( u patisserie ") for dessert or tea Tea of all qualities Single yarns of jute, abaca, phormium tenax, lime bark, raphia, and other vegetable textile materials not speci- ally mentioned, unbleached, undyed, measuring per kilogramme : (a.) Up to 4,000 metres (6.) From 4,000 metres to 7,500 metres (c) Over 7,500 metres... The same, bleached or dyed ex 333 Cotton yarn, single, unbleached, un- dyed, measuring per kilogramme : * (.) 41,000 metres or Jess (b ) From 41,000 metres to 55,000 metres (c.) From 55,000 metres to 81,000 metres (c?.) From 81,000 metres to 121,000 metres 100 klgs 150,- 175,- 100, 120, 40, 8, 12, 25- Duties on unbleached, with an addition of 5 lei. 12,- 20,- 30,- 50,- October 31, 1905.] ROUMANIA. 715 Number in General Tariff. Description of Article. Unit of Weight. Duty in I-ei, 334 ( The same, bleached 335 The same, dyed or printed 336 337 338 339 340 ex 350 358 The same, mercerised Cotton yarn, of two or more threads, single twist Cotton yarn, of four or more threads, multiple twist Cotton thread prepared for sewing, in balls, on cards or reels, or in any other form for retail sale, imdyed The same, mercerised, dyed Tissues of jute, unbleached, undyed, having in warp and weft together in a square of 2 centimetres : (a.) Up to 36 single threads, whether or not with coloured stripes and checks (d.) Carpets and mats of jute, cocoa fibre, and other similar textile materials not specially mentioned, whether dyed or printed or not Cotton tissues of all kinds, except those specially mentioned, un- bleached, undyed, weighing over 180 grammes per square metre : (a.) Having in warp and weft to- gether up to 35 threads pe; square centimetre (/>.) Having 36 to 55 threads per square centimetre (c.) Having more than 55 threads per square centimetre ICO klgs. Duty on the unbleached yarns according to class, with an addition of 20 per cent. Duty on the unbleached yarns according to class, with an addition of 50 per cent. Duty on the unbleached yarns according to class, with an addition of 60 per cent. Duty on the single threads of which com- posed, with an addition of 8 lei. Duty on the single threads of which com- posed with an addition of 16 lei. 50,- 60, 60, 55,- 65- 100, 716 ROUMANIA. [October 31 , 1905. Number in Ueuer'al Tariff. Description of Article. Unit of Weight. Duty in Lei. ex 359 ex 360 362 363 364 ex 368 369 ex 371 ex 381 383 Cotton tissues of all kinds, except those specially mentioned, un- bleached, undyed, weighing from 180 to 100 grammes per square metre : (b.) Having from 41 to 70 threads per square centimetre (c.) Having more than 70 threads per square centimetre Cotton tissues of all kinds, except those specially mentioned, un- bleached, undyed, weighing from 100 to 70 grammes per square metre : ( > tne Undersigned, duly authorised to that effect, have agreed upon the following arrangements : AETICLE I. Punishment of Fraudulent use of Trade-marks. The offering for sale or the placing in circulation of goods bearing counterfeit British or Eussian trade-marks, wherever fabricated, shall be considered as a fraudulent operation prohibited within the territory of the two States, and shall be liable in England to the penalties prescribed by the Act of Parliament of 1862, and in Eussia to the penalties prescribed by Articles 173- 176 and 181 inflicted by Judges of the Peace, and by Articles 1665-1669 and 1671-1675 of the Penal Code (edition 1861). Such fraudulent operation shall give the right before the Tribunals, and according to the laws of the country where it shall * Signed also in French, July 11, 1871. Aug. $f, 1896.] RUSSIA. 731 have been proved, to an action for damages, at the suit of the injured party, against those who may have been guilty thereof. AETICLE II. Registration of Trade-marks. British subjects who may desire to secure to themselves in Russia the proprietorship of their trade-marks, shall be bound to register them at St. Petersburg!! at the Department of Commerce and Manufactures. In case trade-marks should .hereafter become subject to registration in England, the same rules shall be applied to Russian as to English trade-marks. ARTICLE III. Duration of Declaration. The present Articles, which shall come immediately into opera- tion shall be considered as forming an integral part of the Treaty of the iJtoS^TT^ 8 ' and snail have the same force and duration as the said Treaty. In witness whereof the Undersigned have drawn up the present Declaration, and have affixed thereto the seal of their arms. Done in duplicate at St. Petersburg^ the~~, 1871. (L.S.) ANDREW BUCHANAN. (L.S.) WESTMANN. No. 142. AGREEMENT BETWEEN GREAT BRITAIN AND RUSSIA RESPECTING THE COMMERCIAL RELATIONS BETWEEN RUSSIA AND ZANZIBAR. Signed at London, August ^-f -, 189G. LE Gouvernement de Sa Majeste Britannique, agissant au nom de Sa Hautesse le Sultan de Zanzibar, d'une part, et le Gouverne- ment de Sa Majeste 1'Empereur de Russie, de 1'autre, desirant regler les relations commerciales en Zanzibar, sont convenus de ce qui suit : ARTICLE I. Commerce and Navigation* Most-fawured-nation Treatment. Les sujets de Sa Majeste 1'Empereur jouiront dans les Etats du Sultan du traitement de la nation la plus favorisee sous le rapport 73^ lll'SKiA, [August jj, IbOO. du commerce et de la navigation ainsi que sous tons les autres rapports ; ils n'auront a payer, pour leurs luarchandises et leurs navires, a 1'exportation et a 1'importation, que les droits auxquels sont ou seront assujettis les sujets de la nation la plus favorisee. Les sujets de Sa Hautesse le Sultan de Zanzibar jouiront dans les Etats de Sa Majeste 1'Empereur, en se conformant aux lois du pays, du traitement de la nation la plus favorisee, sous le rapport du commerce et de la navigation, ainsi que sous tous les autres rapports ; ils n'auront a payer, pour leurs marchandises et leurs navires, a 1'exportation et a I'importation, que les droits auxquels sont on seront assujettis les sujets de la nation la plus favorisee. Exceptions. II est bien entendu, toutefois, que les dispositions du present Article ne s'appliquent pas 1. Aux favours actuellement accordees ou qui pourraient tre accordees ulterieurement relativement a I'importation ou a 1'ex- portation, aux habitants du Gouvernement d'Arkhangel ainsi que pour les cotes septentrionales et or ien tales de la Russie d'Asie (Sibene). 2. Aux stipulations speciales contenues dans le Traite passe ontre la Eussieet la Suede et la Norvege le 26 Avril (5 Mai), 1838, ni a celles qui sont ou seront relatives au commerce avec les fitats et pays limitrophes de 1'Asie et que ces stipulations ne pourrout dans aucun cas etre invoquees pour modifier les relations de com- merce et de navigation etablies entre les deux Parties Contractantes par le present Arrangement, ARTICLE II. Appointment and Privileges of Consuls. Most-favoiired-nation Treatment. Sa Majeste I'Empereur de Russie aura le droit de nommer des Consuls dans les fitats de Sa Hautesse le Sultan de Zanzibar. Ces Consuls seront traites sur le meme pied et jouiront des tnemes privileges, immunites, et exemptions que ceux de la nation la plus favorisee. Reciproquement, Sa Hautesse le Sultan de Zanzibar aura le droit de nommer des Consuls en Russie qui jouiront des meines droits, immuuites, et privileges que ceux de la nation la plus favorisee. ARTICLE III. Duration of Agreement. Le present Arrangement restera eu vigueur pendant dix amides a partir du jour de sa signature. Dans le cas ou aucune des Hautes Parties Contractantes n'aurait notifid avant la fin de la elite periode son intention d'en faire cesser les effets, le present Arrangement demeurera obligatoire Aug. |, 18U6. Dec. 29, 1904.] KUSSIA. 733 jusqu'a 1'expiration d'une annee, a partir du jour oii Tune ou 1'autre des Hautes Parties Contractantes 1'aura denoncee. Les deux Hautes Parties Contractantes se reservent la faculte d'introduire, d'un commun accord, dans le present Arrangement pendant sa duree, telle modification ou disposition complementaire quo 1'experience aurait demontre'e utile. En foi de quoi les Plenipotentiaires respectifs ont slgne le present Arrangement, et y out appose le cachet do leurs armes. Fait a Londres, en double expedition, le J-f Aout, 1896. (L,S.) SALISBUPvY. (L.S.) STAAL. No. 143. AGREEMENT BETWEEN GREAT BRITAIN AND EUSSIA RESPECTING JOINT-STOCK COMPANIES AND OTHER COMMERCIAL, INDUSTRIAL, AND FINANCIAL ASSOCIATIONS. Signed at St. Petersburg*,, December 29 (16), 1904, Arrangement. LE Gouvernemeiit de Sa Majeste* Britannique et le Gouverne- ment Imperial de Kussie ayant juge utile de regler reciproquement dans le Royaume-Uni de la Grande-Bretagne et d'Irlande et dans 1'Empire de Kussie la situation des societes par actions (anonymes) et autres associations commerciales, industrielles ou financieres, les Soussignes, en vertu de 1'autorisation qui leur a ete conferee, sont convenus de ce qui suit : 1. Les societes par actions (anonymes) et autres associations commerciales, industrielles ou financieres domiciliees dans Fun des deux pays et a condition qu'elles y aient ete' validement con- stituees conformement aux lois en vigueur, seront reconnues comme ayant Fexistence legale dans 1'autre pays et elles y auront notamment le droit d'ester en justice devant les tribunaux, soit pour intenter une action, soit pour s'y defeudre. 2. En tout cas les dites societes et associations jouiront dans 1'autre pays cles memes droits qui sont ou seront accordes a des societes similaires de tout autre pays. 3. II est entendu que la stipulation qui precede ne concerne point la question de savoir si une pareille socie'te constituee dans I'un des deux pays sera admise ou non dans 1'autre pays pour y exercer son commerce ou son Industrie, cette admission restant toujours soumise aux prescriptions qui existent a cet egard dans ce dernier pays. 734 RUSSIA. [Doc. 29, 1904. Oct. |, 190$ 4. 11 cst ontondu quo les dispositions qui precedent s'appliquent aussi bien aux societies et associations constitutes anterieurement a la signature du present arrangement qu'a celles qui le seraient ulterieurement. Le present arrangement entrera en vigueur a partir du jour de sa signature et ne cessera ses effets qu'un an apres la denouciation qui en serait faite de part ou d'autre. Fait en double a St.-Petersbourg, le 29 (16) Decembre, 1904. (L,S.) CHAELES HAEDINGE. (L.S.) COMTE LAMSDOEFF. Protocole. LES Soussignes se sont reunis aujourd'hui a FHotel du Ministere Imperial des Affaires Etrangeres pour proceder a la signature d'un arrangement entre le Eoyaume-Uni de la Grande- Bretagne et d'Irlande et la Eussie concern ant les socie'tes pai actions (anonymes) et autres associations commerciales, indus- trielles ou financieres. Apres lecture des instruments respectifs, lesquels out ete trouve's en bonne et due forme, la signature de Tarrangement a eu lieu selon 1'usage. En foi de quoi les Soussignes out dresse le present protocole et Font revetu de leurs cachets. Fait en double a St.-Pe'tersbourg, le 29 (16) Decembre, 1904. (L.S.) CHAELES HAEDINGE. (L.S.) COMTE LAMSDOEFF. No. 144. EXCHANGE OF NOTES BETWEEN GREAT BRITAIN AND RUSSIA AS TO THE RECIPROCAL PROTECTION OF TRADE-MARKS IN CHINA. October , 1906. (No. 1.) M. Pokotilow to Sir J. Jordan. Legation Imptrialc de fi-ussie, Pekin, M. le Ministre et cher Collegue, le 29 Octobre, 1906. LE Gouvernement Imperial etant desireux d'arriver a un accord avec le Gouvernement de la Grande-Bretagne con- cernant la protection reciproque en Chine des marques de fabrique et de commerce, dument^enregistrees en Russie et en Angleterre, j'ai 1'honnerir de vous informer que je suis autorise par Jo Ministre des Affaires Etrangeres de Russie de vcms October f & 1906,] RUSSIA, 735 declarer que le Gouvemement de Russie cst pret a donner suite, par I'entremise de ses Tribunaux Consulaires en Chine, a toute demande relative aux contrefacons des marques de fab ri que et de commerce,, dunieut enregistrees en Russie, commises par des sujets Russes vis-a-vis des ressortissants Anglais. Je vous serais oblige de vouloir bien m'informer si la_mme protection serait accordee dans les Tribunaux Consulaires de la Grande-Bretagne en Chine aux marques de fabrique et de commerce, propriete des sujets Russes, regulierement deposees en Angleterre, qui serai en t contrefaites par des sujets Anglais. Veuillez agreer, &c., (Signe) D. POKOTILOW. (No. 2.) Sir J. Jordan to M. Pokotilow. Sir, Peking, October 30, 1906. I HAVE the honour to acknowledge the receipt of your note of the 29th October, in which you are good enough to inform me that you have been authorized by the Russian Minister of Foreign Affairs to declare that the Russian Government are ready, through their Consular Tribunals in China, to enforce any request relative to infringements of British trade-marks duly registered in Russia, which may be committed by Russian subjects. In reply, I have the honour to inform you that under the Order in Council of February 2nd, 1899, it is open to a Russian whose trade-mark, duly registered in Great Britain, has been infringed by a British subject in China, to take proceedings against the latter in the British Court, provided (1) That the consent in writing of His Majesty's Minister or Charge d' Affaires be obtained to the prosecution, but (2) such consent may be withheld unless His Majesty's Minister or Charge d'Aifaires is satisfied that effectual provision exists for the punishment in the Russian Consular Court of Russian subjects infringing British trade-marks. In view of the assurances given by your Excellency in the note under reply, I am authorized by His Majesty's Govern- ment to inform you that it is not open to doubt that, in practice, the consent of the British Minister or Charge* d'Affaires would be given in any and every case where full reciprocity could be and was granted by Russia. I shall not fail to inform His Majesty's Government of this exchange of notes nor to issue the necessary instructions to His Majesty's Consular officers in China. I have, &c., (Signed) J. N. JORDAN. 736 -SALVADOR. [October 24, 1862. SALVADOR. No. 145, TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN GREAT BRITAIN AND SALVADOR. Signed at Guatemala, October 24, 1862.* [Ratifications exchanged at London, April- 16, 1863.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Republic of Salvador, being desirous to maintain and improve the relations of good understanding which happily subsist between them, and to promote the commercial intercourse between their respective subjects and citizens, have deemed it expedient to conclude a Treaty of Friendship, Com- merce, and Navigation, and have for that purpose named as their respective Plenipotentiaries, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, George Benvenuto Mathew, Esquire, Her Majesty's Minister Plenipotentiary to the Republics of Central America ; And His Excellency the President of the Republic of Salvador, Senor Doctor Don Mariano Pad ilia, Knight of the Royal American Order of Isabel la Catolica ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed. upon and concluded the following Articles : ARTICLE I. Friendship. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland recognizes the sovereignty and independence of the Republic of Salvador. Consequently, there shall be a perfect, firm, and inviolable peace and sincere friendship between Her Britannic Majesty and the Republic of Salvador, throughout the whole extent of their possessions and territories, and between * Signed also in Spanish. October 24, 1862.] SALVADOR. 737 their subjects and citizens, respectively, without distinction of persons or places. ARTICLE II. Freedom of Commerce, Navigation and Residence. Ac(pi,imwn of Property. Trade. Manufactures. Mining. Most-favour r< I- nation and National Treatment. The two High Contracting Parties being desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the subjects or citizens of each may frequent all the coasts and countries of the other, and reside therein, and shall have the power to purchase and hold all kinds of property which the laws of the country may permit any foreigners, of whatever nation, to hold, and to engage in all kinds of trade, manufactures, and mining, upon the same terms with native subjects or citizens. They shall enjoy all the'privileges and concessions in these matters which are or may be made to the subjects or citizens of any coun- try ; and shall enjoy all the rights, privileges, and exemptions, in navigation, commerce, and manufactures, which native subjects or citizens do or shall enjoy, submitting themselves to the laws there established, to which native subjects or citizens are subjected. Vessels of War and Mail Packets. The ships of war and post-office packets of each Contracting Party, respectively, shall have liberty to enter into all harbours, rivers, and places within the territories of the other, to which the ships of war and packets of other nations are or may be permitted to come ; to anchor there, and to remain and refit ; subject always to the laws of the two countries respectively. Cow itirnr mill Na rif/t 1 1 ion. Most -favoured-nation Treatm ent. The High Contracting Parties further engage that neither will grant any favour to any other nation, in respect of commerce and navigation, which shall not immediately become common to the other Contracting Party. ARTICLE III. Coasting Trade. National Treatment. The High Contracting Parties agree that, in regard to the coasting trade, the ships, subjects, and citizens of each shall enjoy, in the dominion and territories of the other, the same privileges, and shall le treated in all respects in the same manner, as' national vessels, and as native subjects and citizens. [536] 3B-3e 738 SALVADOR [October 24, 1862. AETICLE IV. Imports in Vessels oj~ either Country. National Treatment. The Contracting Parties likewise agree, that whatever kind of produce, manufacture, or merchandize can be from time to time lawfully imported into the British dominions in British vesssls, may also be imported in vessels of the Eepublic of Salvador ; and that no higher or other duties upon the vessel or upon her cargo shall be levied and collected, whether the importation be made in vessels of the one country, or of the other ; and in like manner, that whatever kind of produce, manufacture, or merchandize can be from time to time lawfully imported into the Eepublic of Salvador in its own vessels, may be also imported in British vessels; and that no higher or other duties upon the vessel or upon her cargo shall be levied or collected, whether the importa- tion be made in vessels of the one country or of the other. Exports in Vessels of either Country. Bounties and Drawbacks. National Treatment. And they further agree, that whatever may be lawfully exported or re-exported from the one country in its own vessels to any foreign country, may in like manner be exported or re-exported in the vessels of the other country ; and that the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be mode in British vessels, or in vessels of the Eepublic of Salvador. AETICLE V. Imports and Exports : Duties and Prohibitions. Most- favoured-nation Treatment. No higher or other duties shall be imposed on the importation into the British dominions of any article the growth, produce, or manufacture of the Eepublic of Salvador, and no higher or other duties shall be imposed on the importation into the Eepublic of Salvador of any article the growth, produce, or manufacture of the British Dominions, than are or shall be payable on the same or the like article being the produce or manufacture of any other foreign country. Nor shall any higher or other duties or charges be imposed, in either of the two countries, on the exportation of any article to the territories of the other, than such as are payable on the exportation of the same or the like article to any other foreign country. No prohibition shall be imposed upon the importation of any article the growth, produce, or manufacture of the territories of either of the two Contracting Parties into the territories of the other, which shall not equally extend to the importation of the same or the like October 24, 1862.] SALVADOR. 739 article being the growth, produce, or manufacture of any other country; nor shall any prohibition bo imposed on the exporta- tion of any article from the territories of either of the two Con- tracting Parties to the territories of the other, which shall not equally extend to the exportation of the same or the like article to the territories of all other nations. ARTICLE VI. Warehousing, Transit, He- exportation, Bounties, and Drawbacks. National and Most-f avowed-nation Treatment. The subjects and citizens of one of the Contracting Parties shall enjoy, in the dominions, possessions, and territories of the other, equality of treatment with native subjects and citizens, or with the subjects and citizens of the most favoured nation, in regard to warehousing, transit, and re-export, and also in regard to bounties, facilities, and drawbacks. ARTICLE VII. Tonnage, Harbour, Pilotage, Lighthouse, Quarantine and other D lies. National Treatment. No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or other similar or corresponding duties, of whatever nature or under whatever denomination, levied in the name or for the profit of the Government, public functionaries, corporations, or establish- ments of whatever kind, shall be imposed in the ports of either country upon the vessels of the other country, which shall not be equally imposed in the like cases on national vessels. ARTICLE VIII. Vessels and Cargoes. Non-imposition of Discriminating Duties. In order to prevent the possibility of any misunderstanding it is hereby declared that the stipulations contained in the preceding Articles are, to their full extent, applicable to British vessels and their cargoes arriving in the ports of Salvador, and recipro- cally to the vessels of the said Republic and their cargoes arriving in British ports, whether they proceed from the ports of the country to which they respectively belong, or from the ports of any other foreign country ; and, in either case, no discriminating duty shall be imposed or collected in the ports of either country on the said vessels or upon their cargoes, whether such cargoes shall consist of native or of foreign produce or manufacture. 740 SALVADOR. [October 24, 1862. AETICLE IX. Natio nal Vessels. All vessels which, according to the laws of Great Britain, are to be deemed British vessels, and all vessels which, according to the laws of the Eepublic of Salvador, are to be deemed vessels of that Republic, shall, for the purposes of this Treaty, be deemed British vessels and vessels of Salvador respectively. AETICLE X. Transaction of Business. Employment of Agents. Loading and Unloading of Vessels. National Treatment. It is likewise agreed, that it shall be wholly free for all mer- chants, commanders of ships, and other subjects or citizens of both countries, to manage, by themselves or agents, their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandize, by wholesale or retail, as with respect to the loading, unloading, and sending off' their ships ; they being, in all these cases, to be treated as subjects or citizens of the country in which they reside or are conducting their business, and to be subject to the laws of that country. AETICLE XI. Vessels in Distress. Whenever the citizens of either of the Contracting Parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or dominions of the other, with their vessels, whether merchant or of war, public or private, through stress of weather, pursuit of pirates or enemies, or want of provisions or water, they shall be received and treated with humanity, and all favour and protection shall be given to them for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind. AETICLE XII. Wrecks and Salvage. National Treatment. If any ship of war or merchant-vessel of either of the High Contracting Parties should be wrecked on the coasts of the other, such ship or vessel, or any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize which shall be saved therefrom, or the produce thereof if sold, shall be faithfully restored to the owners, upon being claimed by them or by their duly authorized agents ; and if there are no such i October 24, 1862.] SALVADOR. 741 owners or agents on the spot, then the said ships, or parts of ships, furniture, appurtenances, goods, and merchandize, or the proceeds thereof if sold, as well as all the papers found on board such wrecked ship or vessel, shall be delivered to the British Consul or Vice-Consul, or to the Consul or Vice-Consul of the Republic of Salvador, in whose district the wreck may have taken place, upon being claimed by him, and on his giving a receipt or acknowledgment for the same ; and upon payment by such Consul, Vice-Consul, owners, or agents, of only the expenses incurred in the preservation of the property, and of the salvage and other expenses which would have been payable in the like case of a wreck of a national vessel. The charge for such salvage or other expenses shall be made and settled immediately, subject to such right of appeal on the part of the person paying the same as may exist in the respective countries. The goods and merchandize saved from the wreck shall not be subject to duties, unless cleared for consumption ; in which, case they shall be liable only to the same duties as if they had been imported in a national vessel. ARTICLE XIII. Acquisition and Disposal of Property. Duties, &c. Most- favoured-nation and National Treatment. The subjects and citizens of either of the two Contracting Parties in the territories of the other shall be at full liberty to acquire, possess, and dispose of, whether by purchase, sale, donation, exchange, marriage, testament, succession ab intestato, or in any other manner whatever, every description of property which the laws of the country may permit any foreigners, of whatsoever nation, to hold. Their heirs and representatives may succeed to and take possession of such property, either in person or by agents acting on their behalf, in the ordinary form of law, in the same manner as subjects or citizens of the country ; and in the absence of such heirs and representatives, the property shall be treated in the same manner as the like property belonging to a subject or citizen of the country under similar circumstances. In none of these respects shall they pay upon the value of such property any other or higher impost, duty, or charge, than is payable by subjects or citizens of the country. In every case the subjects and citizens of the Contracting Parties shall be permitted to export their property, or the proceeds thereof ; British subjects fiom the territory of Salvador, and Salvador citizens from the British territory, freely, and without being subjected on such exportation to pay any duty as foreigners, and without having to pay any other or higher duties than those to which subjects or citizens of the country are liable. [536] 3 B 3 c 2 742 SALVADOR [October 24, 1862. AETICLE XIV. Protection of Persons and Property. Ad-miiri*tratio'n of Justice. National Treatment. Both Contracting Parties promise and engage formally to give their special protection to the persons and property of the subjects or citizens of each other, of all occupations, who may be in the territories subject to the jurisdiction of one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice, for their judicial recourse, on the same terms which are usual and customary with the native subjects or citizens of the country ; for which purpose they may either appear in proper person, or employ, in the prosecution or defence of their rights, such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their trials at law ; and such citizens or agents shall have free opportunity to be present at the decisions or sentences of the tribunals in all cases which may concern them, and shall enjoy in such cases all the rights and privileges accorded to native subjects or citizens. AETICLE XV. Intestate Estates. In the event of any subject or citizen of either of the two Contracting Parties dying without will or testament in the dominions or territories of the other Contracting Party, or in the absence of lawful heirs or representatives, the Consul-Gen eral, Consul, or Acting Consul of the nation to which the deceased may belong, shall, so far as the laws of each country will permit, have the right, after a duly made and attested inventory has been signed by him, to take possession and charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, giving immediate notice of the death to the authorities of the country. AKTICLE XVI. Exemption from Military Service, Forced Loans, &c. Taxes, d'-c. National Treatment. The subjects of Her Britannic Majesty residing in the Eepublic of Salvador, and the citizens of the Eepublic of Salvador residing in the dominions of Her Britannic Majesty, shall lie exempted from all compulsory military service whatsoever, whether by sea or land, and from all forced loans, or military exactions or requisitions ; and they shall not be compelled, under any pretext whatsoever, to pay any ordinary or extraordinary charges, requisitions, or taxes, other or higher than those that are or may be paid by native subjects or citizens. October 24, 1862.] SALVADOR. 743 ARTICLE XVII. Naval or Military Deserters. It is agreed and covenanted that neither of the High Contracting Parties shall knowingly receive into, or retain in, its service, any subjects or citizens of the other Party whcfliave deserted from the naval or military service of that other Party ; but that, on the contrary, each of the Contracting Parties shall respectively discharge from its service any such deserters, upon being required by the other Party to do so. Merchant Seamen Deserters. And it is further agreed, that if any of the crew of any merchant-vessel of either Contracting Party shall desert from such vessel within any port in the territory of the other Party, the authorities of such port and territory shall be bound to give every assistance in their power for the apprehension of such deserters, on application to that effect being made by the Consul of the Party concerned, or by the deputy or representative of the Consul : and any person knowingly protecting or harbouring such deserters shall be liable to punishment. ARTICLE XVIII. Liberty of Conscience. Freedom of Religious Worship. Burials. British subjects residing in the territories of the Republic of Salvador shall enjoy the most perfect and entire liberty of conscience, without being annoyed, molested, or disturbed on account of their religious belief. Neither shall they be annoyed, molested, or disturbed in the proper exercise of their religion, in private houses, or in the chapels or places of worship destined for that purpose, provided that in so doing they observe the decorum due to Divine worship, and the respect due to the laws of the country. Liberty shall also be granted to bury British subjects who may die in the territories of the Republic of Salvador, in convenient and adequate places, to be appointed and established by British subjects for that purpose, with the knowledge of the local authorities, or in such other places of sepulture as may be chosen by the friends of the deceased ; nor shall the funerals or sepulchres of the dead be disturbed in any wise or upon any account. In like manner, the citizens of Salvador shall enjoy within the dominions of Her Britannic Majesty a perfect and unrestrained liberty of conscience, and of exercising their religion within private houses, or in the chapels or places of worship destined for that purpose, agreeably to the laws of those dominions. 744 SALVADOR. [October 24, 1862. ARTICLE XIX. Rupture of Friendly Relations. Position of Persons and Property. National Treatment. For the better security of commerce between the subjects and citizens of the two High Contracting Parties, it is agreed that if at any time any rupture, or any interruption of friendly intercourse, should unfortunately take place between the two Contracting Parties, the subjects or citizens of either of them, established in the territories of the other, who may reside upon the coasts, shall be allowed six months, and those who may reside in the interior a whole year, to wind up their accounts and to dispose of their property ; and a safe-conduct shall be given to them to embark at the port which they themselves shall select. The subjects or citizens of either of the two Contracting Parties who may be established in the dominions or territories of the other, in the exercise of any trade or other occupation or employment, shall be allowed to remain and continue in the exercise of the said trade or occupation, notwithstanding the interruption of friendship between the two countries, in the free enjoyment of their personal liberty and property, so long as they behave peaceably and observe the laws ; and their goods and effects, of whatever description they may be, whether in their own custody or entrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like effects or property belonging to native subjects or citizens. In the same case, debts between individuals, public funds, and the shares of companies, shall never be confiscated, sequestered, or detained. ARTICLE XX. Appointment and Privileges of Diplomatic and Consular Agents. Most-favoured-nation Treatment. It shall be free for each of the two Contracting Parties to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other Party ; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent. The Diplomatic Agents and Consuls of each of the two High Contracting Parties in the dominions or territories of the other, shall enjoy whatever privileges, exemptions, and immunities are or shall be granted there to Agents of the same rank, belonging to the most favoured nation. ARTICLE XXI. Duration of Treaty. The present Treaty shall remain in force for the term of twenty years from the day of the exchange of ratifications ; and if neither Oct. 24, 1862. June 23, 1886.] SALVADOE. 745 Party shall notify to the other its intention of terminating the same, twelve months before the expiration of the twenty years stipulated above, the said Treaty shall continue binding on both Parties beyond the said twenty years, until twelve months from the time that one of the Parties may notify to the other its inten- tion of terminating it. AETICLE XXII. Ratifications. The present Treaty of Friendship, Commerce, and Navigation, shall be ratified, and the ratifications shall be exchanged at London as soon as possible within six months from this date. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at Guatemala, the twenty-fourth day of October, in the year of Our Lord one thousand eight hundred and sixty-two. (L.S.) GEOKGE B. MATHEW. (L.S.) MARIANO PADILLA. No. 146. AGREEMENT BETWEEN GREAT BRITAIN AND SALVADOR FOR PROLONGING THE TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION OF OCTOBER 24, 1862, BETWEEN THE TWO COUNTRIES. Signed at San Salvador., June 23, 1886*. [Itatificatiom wlunujed, July 8, 1887.] WHEREAS in Article XXI of the Treaty of Friendship, Com- merce, and Navigation between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Eepublic of Salvador, signed on the 24th October, 1862, it is stipulated as follows : " The present Treaty shall remain in force fur the term of twenty years from the date of exchange of ratifications, and if * Signed also in Spanish. 746 SALVADOR. [June 23, 1886. neither Party shall notify to the other its intention of terminating the same twelve months before the expiration of the twenty years stipulated above, the said Treaty shall continue binding on both Parties beyond the said twenty years until twelve months from the time that one of the Parties may notify to the other its inten- tion of terminating it." And whereas the aforesaid High Contracting Parties are mutually desirous of prolonging the duration of the said Treaty for a further term of years, the Undersigned, duly authorized by their respective Governments, have agreed as follows : Prolongation of Treaty 0/1862. 1. The Treaty of Friendship, Commerce, arid Navigation be- tween Her Majesty the Queen t)f Great Britain and Ireland and the Eepublic of Salvador, signed at Guatemala on the 24th day of October, 1862, shall remain in force for a period of twenty years from the date of the exchange of the ratifications of the present Agreement. On the expiration of the said period of twenty years either Party may give twelve months' notice of their desire to terminate the said Treaty, and the Treaty shall then terminate accordingly ; but otherwise the Treaty shall remain in force until terminated by a notice as aforesaid. Application of Treaty 0/1862 to British Colonies. 2. It is, nevertheless, agreed that any or all of the following Colonies and foreign possessions of Her Britannic Majesty, that is to say : India, Canada, Newfoundland, The Cape of Good Hope, New South Wales, New Zealand, Queensland, South Australia, Tasmania, Victoria, Natal, Western Australia, may at any time within the period of two years from the date of the exchange of the ratifications of the present Agreement give notice, through Her Majesty's Representative accredited to the Eepublic of Salvador, of their desire to be excepted from the operation of the Treaty aforesaid, and the said Treaty shall not thenceforward apply to any of the said Colonies or foreign posses- sions of Her Britannic Majesty which shall have given such notice. But, except as above provided, the said Treaty shall apply to all the Colonies and foreign possessions of Her Britannic June 23, 1886.] SALVADOR 747 Majesty until the Treaty be terminated by notice given in pur- suance of the terms of Article I of the present Agreement. Ratifications. 3. The present Agreement shall be ratified, and the ratifica- tions exchanged at Guatemala or San Salvador as soon as possible. In witness whereof the Undersigned have signed the present Agreement, and have affixed thereto their seals. Pone at San Salvador, the 23rd day of June, 1886. (L.S.) J. P. H. GASTEELL. (L.S.) MANUEL DELGADO. LIST OF BRITISH COLONIES INCLUDED IN THE TREATY OF OCTOBER 24, 1862, UNDER ARTICLE 2 OF THE ABOVE AGREEMENT. 1. New South Wales August 3, 1887. 2. Queensland ... ... ... ,, 3. South Australia ... ... 4. Tasmania ... ... ... 5. Victoria ... ... ... ,, 6. Natal 7. Western Australia ... ... ,, 8. Newfoundland THE FOLLOWING ARE NOT INCLUDED: 1. India. 2. Cape of Good Hope. 3. Canada. 4. New Zealand. 748 SI AM. [June 20, 182fi. SIAM. No. 147. TKEATY BETWEEN GREAT BRITAIN AND SIAM, Signed on June 20, 1826. THE powerful Lord, who is in posssession of every good, and every dignity, the God Boodh, who dwells over every head in the city of the sacred and great Kingdom of Si-a-yoo-tha-ya (titles of the King of Siam) : Incomprehensible to the head and brain, the sacred beauty of the royal palace, serene and infallible there (titles of the Wang-na, or Second King of Siam), have bestowed their commands upon the heads of their Excellencies the Ministers of high rank, belonging to the sacred and great Kingdom of Si-a-yoo-tha-ya, to assemble and frame a Treaty with Captain Henry Burney, the English Envoy, on the part of the English Government, the Honourable East India Company, who govern the countries in India belonging to the English under the authority of the King and Parliament of England ; and the Eight Honourable Lord Amherst, Governor of Bengal, and other English officers of high rank, have deputed Captain Burney, as an Envoy to represent them, and to frame a Treaty with their Excellencies the Ministers of high rank belonging to the sacred and great Kingdom of Si-a-yoo-tha-ya, in view that the Siamese and the English nation may become great and true friends, connected in love and affection, with genuine candour and sincerity on both sides. The Siamese and English frame two uniform copies of a Treaty, in order that one copy may be placed in the Kingdom of Siam, and that it may become known through- out every great and small province subject to Siam, and in order that one copy may be placed in Bengal, and that it may become known throughout every great and small province subject to the English Government. Both copies of the Treaty will be attested by the royal seal, by the seals of their Excellencies the Ministers of high rank in the city of the sacred and great Kingdom of Si-a-yoo-tha-ya, and by the seals of the Right Honourable Lord Amherst, Governor of Bengal, and of the other English officers of high rank. June 20, 1826.] SI AM. 749 AETICLE I. i Friendship. The English and Siamese engage in friendship, love, and affection with mutual truth, sincerity, and candour. The Siamese must not meditate or commit evil, so as to molest the English in any manner. The English must not meditate or commit evil, so as to molest the Siamese in any manner. The Siamese must not go and molest, attack, disturb, seize, or take any place, territory, or boundary, belonging to the English, in any country subject to the English. The English must not go and molest, attack, disturb, seize, or take any place, territory, or boundary, belonging to the Siamese, in any country subject to the Siamese. The Siamese shall settle every matter within the Siamese boundaries according to their own will and customs. AETICLE II. Offences committed by Subjects of the one Country in the Territory of the other. Collection of Armies or Fleets by one Country near the Territory of the other. Should any place or country subject to the English do anything that may offend the Siamese, the Siamese shall not go and injure such place or country, but first report the matter to the English, who will examine into it with truth and sincerity ; and if the fault lie with the English, the English shall punish according to the fault. Should any place or country subject to the Siamese do anything that may offend the English, the English shall not go and injure such place or country, but first report the matter to the Siamese, who will examine into it with truth and sincerity ; and if the fault lie with the Siamese, the Siamese shall punish according to the fault. Should any Siamese place or country, that is near an English country, collect at any time an army or a fleet of boats, if the chief of the English country inquire the object of such force, the chief of the Siamese country must declare it. Should any English place or country, that is near a Siamese country, collect at any time an army or a fleet of boats, if the chief of the Siamese country inquire the object of such force, the chief of the English country must declare it. AETICLE III. Settlement of Boundaries. In places and countries belonging to the Siamese and English, lying near their mutual borders, whether to the east, west, north, or south, if the English entertain a doubt as to any boundary that has not been ascertained, the chief on the side of the English niust send a letter, with some men and people from his [536] 3 D 750 SIAM. [June 20, 1826. frontier posts, to go and inquire from the nearest Siamese chief, who shall depute some of his officers and people from his frontier posts to go witk the men belonging to the English chief, and point out and settle the mutual boundaries, so that they may be ascertained on both sides in a friendly manner. If a Siamese chief entertain a doubt as to any boundary that has not been ascertained, the chief on the side of the Siamese must send a letter, with some men and people from his frontier posts, to go and inquire from the nearest English chief, who shall depute some of his officers and people from his frontier posts, to go with the men belonging to the Siamese chief, and point out and settle the mutual boundaries, so that they may be ascertained on both sides in a friendly manner. ARTICLE IV. [Abrogated by Treaty of April 18, 1855.] AETICLE V. [Abrogated by Treaty of April 18, 1855.] ARTICLE VI. [Partially abrogated by Treaty of April 18, 1855.] Defrauding of Merchants. ... If a Siamese or English merchant buy or sell without inquiring and ascertaining whether the seller or buyer be of a good or bad character, and if he meet with a bad man who takes the property and absconds, the rulers and officers must make search and produce the person of the absconder, arid investigate the mutter with sincerity. If the party possess money or property, he can be made to pay, but if he do not possess any, or if he cannot be apprehended, it will be the merchant's own fault. ARTICLE VII. [Abrogated by Treaty of April 18, 1855.] ARTICLE VIII. Vessels in Distress. Wrecks. Succession to Property. If a merchant desire to go and trade in any place or country belonging to the English or Siamese, and his ship, boat, or junk meet with any injury whatever, the English or Siamese officers shall afford adequate assistance and protection. Should any June 20, 1 826.] SIAM. 751 vessel belonging to the Siamese or English be wrecked in any place or, country, where the English ,or Siamese may collect any of the property belonging to such vessel, the English or Siamese officers shall make proper inquiry, and cause the property to be restored to its owner, or, in case of his death, to his heir, and the owner or heir will give a proper remuneration to the persons who may have collected the property. If any Siamese or English subject die in an English or Siamese country whatever property he may leave shall be delivered to his heir. If the heir be not living in the same country. and unable to come, and appoint a person by letter to receive the property, the whole of it shall be delivered to such person. AKTICLE IX. [ Abrogated by Treaty of April 18, 1855.] AKTIGLE X. [Partially abrogated by Treaty of April 18, 1855.] Trade of Certain British Asiatics with Siam. .....'... ... Asiatic merchants, not being Burmese, Peguers, or descendants of Europeans, desiring to enter into and trade with the Siamese dominions from the countries of Mergui, Tavoy, Tenasserim, and Ye, which are now subject to the English, will be allowed to do so freely, overland and by water, upon the English furnishing them with proper certificates. AKTICLE XI. 'Transmission of Letters, Sec. If an Englishman desire to transmit a letter to any person in a- Siamese or other country, such person only, and no other, shall , open and look into the letter. 11 a Siamese desire to transmit a letter to any person in an English or other country, such person only^ and no other, shall open and look into the letter. ARTICLE XII. British Trade with Tringano and Calantan. Siam shall not go and obstruct or interrupt commerce in the States of Tringano and Calantan. English merchants and subjects shall have trade and intercourse in future with the same facility and freedom as they have heretofore had, and the English shall not go and molest, attack, or disturb those States upon any p'reteiice whatever. [536] 3 D 2 752 SIAM. [June 20, 1826. AETICLE XIII. [Partially annulled at request of Siam.] Queda. Siamese to Remain. Trade and Intercourse with Prince of Wales' Island. No Duty to be Levied on Stock and Pro- visions. Import and Export Duties. The Siamese engage to the English, that the Siamese shall remain in Queda, and take proper care of that country, and of its people ; the inhabitants of Prince of Wales' Island and of Queda shall have trade and intercourse as heretofore ; the Siamese, shall levy no duty upon stock and provisions, such as cattle, buffaloes, poultry, fish, paddy, and rice, which the inhabitants of Prince of Wales' Island or ships there may have occasion to purchase in Queda ; and the Siames^shall not farm the mouths of rivers or any streams in Queda, but shall levy fair and proper import and export duties. The Siamese further engage, that when Chao Phya of Ligor returns from Bangkok, he shall release the slaves, personal servants, family, and kindred belonging to the former Governor of Queda, and permit them to go and live wherever they please. The English engage to the Siamese, that the English do not desire to take possession of Queda, that they will not attack or disturb it ... The English will not prevent any Siamese, Chinese, or other Asiatics at Prince of Wales' Island, from going to reside in Queda if they desire it. ARTICLE XIV. Perak to be Governed ~by its Rajah. Not to be Molested ly English or Siamese. The Siamese and English mutually engage that the Rajah of Perak shall govern his country according to his own will. Should he desire to send the gold and silver flowers to Siam as heretofore, the English will not prevent his doing as he may desire. If Chao Phya of Ligor desire to send down to Perak, with friendly inten- "tions, forty (40) or fifty (50) men, whether Siamese, Chinese, or other Asiatic subjects of Siarn, or if the Rajah of Perak desire to send any of his ministers or officers to seek Chao Phya of Ligor, the English shall not forbid them. The Siamese or English shall not send any force to go and molest, attack, or disturb Perak. The English will not allow the State of Salengore to attack or disturb Perak, and the Siamese shall not go and attack or disturb Salengore. The arrangements stipulated in these two last Articles respecting Perak and Queda, Chao Phya of Ligor shall execute as soon as he returns home from Bangkok. The fourteen Articles of this Treaty let the great and sub- ordinate Siamese and English officers, together with every great and small province, hear, receive, and obey without fail. Their Excellencies the Ministers of high rank at Bangkok, and Captain Henry Burney, whom the Right Honourable Lord Ambers t, June 20, 1826.] SIAM. 753 Governor of Bengal, deputed as an Envoy to represent his Lord- ship, framed this Treaty together in the presence of Prince Krom Meun Soorin Thiraksa, in the city of the sacred and great Kingdom of Si-a-yoo-tha-ya. The Treaty, written in the Siamese, Malayan, and English Ian- guages, was concluded on Tuesday, the first day of the seventh decreasing moon, 1188, year dog 8, according to the Siamese era, corresponding with the twentieth day of June, 1826, of the Euro- pean era. Both copies of the Treaty are sealed and attested by their Excellencies the Ministers, and by Captain Henry Burney. One copy Captain Henry Burney will take for the ratification of the Governor of Bengal ; and one copy, bearing the Royal Seal, Chao Phya of Ligor will take and place at Queda. Captain Burney appoints to return to Prince of Wales' Island in seven months, in the second moon of the year dog 8, and to exchange the ratifica- tions of this Treaty with Phra Phak-di-Bori-Rak, at Queda. The Siamese and English shall form a friendship that shall be per- petuated, that shall know no end or interruption as long as Heaven and Earth endure. (A literal translation from the Siamese.) (Signed) H. BURNEY, Captain, Envoy to the Court of Siam. (King of Siam's (Signed) AMHERST. (L.S.) Seal.) Ratified by the Right Honourable the Governor-General, in camp at Agra, this seventeenth day of January, one thousand eight hundred and twenty-seven. By command of the Governor-General, (Signed) A. STIRLING, Secretary to Government, In attendance on the Governor-General. COMMERCIAL AGREEMENT ANNEXED TO THE TREATY OF 1826. Their Excellencies the Ministers and Captain Henry Burney having settled a Treaty of Friendship, consisting of fourteen Articles, now frame the following Agreement with respect to English vessels desiring to come and trade in the city of the sacred and great Kingdom of Si-a-yoo-tha-ya (Bangkok) : ARTICLE I. [Partially abrogated by Treaty of April 18, 1855.] Trade in Fire-arm*. Merchants [coming to Bangkok] ... if they import fire-arms, shot, or gunpowder, they are prohibited from selling them to 754 STAM. [.Time 20, 1826. any party but to the Government. Should the Government not require such fire-arms, shot, or gunpowder, the merchants must re-export the whole of them. AKTICLE II. [Abrogated by Treaty of May 13, 1856.] AETICLE III. [Abrogated by Treaty of May 13, 1856.] ARTICLE IV. [Partially abrogated by Treaty of May 13, 1856.] No didy on Cargo Boats. . . . Should a vessel, upon receiving an export cargo, find that she cannot cross the bar with the whole, and that she must hire cargo-boats to take down a portion of the cargo, the officers of the Customs and chokeys shall not charge any further duty upon such cargo-boats. ARTICLE V. [Abrogated by Treaty of May 13, 1856.] ARTICLE VI. [Abrogated by Treaty of May 13, 1856.] (A literal translation from the Siamese.) (Signed) H. BURNEY, Captain, Envoy to the Court of Sunn. (King of Siam's (Signed) AMHERST. (L.S.) Seal.) Ratified by the Right Honourable the Governor-General, in camp at Agra, this seventeenth day of January, one thousand eight hundred and twenty-seven. By command of the Governor-General, (Signed) A. STIRLING, Secretary to Government, In attendance on the Governor-General. April 18, 1855.] SI AM. 755 No. 148. TREATY OF FRIENDSHIP AND COMMERCE BETWEEN GREAT BRITAIN AND SIAM. __J 3 Signed at Bangkok, April 18, 1855.* [Ratifications exchanged at Bangkok, April 5, 1856.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and all its dependencies, and Their Majesties Phra Bard Somdetch Phra Paramendr Maha Mongkut Phra Chom Klau Chau Yu Hua, the First King of Siam, and Phra Bard Somdetch Phra Pawarendr Ramesr Mahiswaresr Phra Pin Klau Chau Yu Hua, the Second King of Siam, desiring to establish upon firm and lasting foundations the relations of peace and friendship existing between the two countries, and to secure the best interests of their respective subjects by encouraging, facili- tating, and regulating their industry and trade, have resolved to conclude a Treaty of Amity and Commerce for this purpose, and have therefore named as their Plenipotentiaries, that is to say : Her Majesty the Queen of Great Britain and Ireland, Sir John Bowring, Knight, Doctor of Laws, &c., &c. ; And Their Majesties the First and Second Kings of Siam, his Eoyal Highness Krom Hluang Wongsa Dhiraj Snidh; his Excellency Somdetch Chau Phaya Param Maha Puyurawongse ; his Excellency Somdetch Chau Phaya Param Maha Bijai-neate ; his Excellency Chau Phaya Sri Suriwongse Samuha Phra Krala- home ; and his Excellency Chau Phaya, Acting Phra-Klang ; Who, after having communicated to each other their respec- tive full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles : ARTICLE I. Peace and Friendship.-* Freedom of Residence and, Trade. Protection of Persons. There shall henceforward be perpetual peace and friendship between Her Majesty the Queen of Great Britain and Ireland, and her successors, and Their Majesties the First and Second Kings of Siam and their successors. All British subjects coining, to Siam shall receive from the Siamese Government full protection and assistance to enable them to reside in Siam in all security, and trade with every facility, free from oppression or injury on the * Signed also iii Siamese. 756 SIAM. [April 18, 1855. part of the Siamese ; and all Siamese subjects going to an English country shall receive from the British Government the same com- plete protection and assistance that shall be granted to British subjects by the Government of Siam. AKTICLE II. British Consular Jurisdiction in Siam. The interests of all British subjects coming to Siam shall be placed under the regulation and control of a Consul, who will be appointed to reside at Bangkok ; he will himself conform to, and will enforce the observance by British subjects of, all the provisions of this Treaty, and such of the former Treaty negotiated by Captain Burney in 1826, as shall still remain in operation. He shall also give effect to all rules or regulations that are now or may hereafter be enacted for the government of British subjects in Siam, the conduct of their trade, and for the prevention of violations of the laws of Siam. Any disputes arising between British and Siamese subjects shall be heard and determined by the Consul, in conjunction with the proper Siamese officers ; and criminal offences will be punished, in the case of English offenders by the Consul, according to English laws, and in the case of Siamese offenders, by their own laws, through the Siamese authori- ties. But the Consul shall not interfere in any matters referring solely to Siamese, neither will the Siamese authorities interfere in questions which only concern the subjects of Her Britannic Majesty. It is understood, however, that the arrival of the British Consul at Bangkok shall not take place before the ratification of this Treaty, nor until ten vessels owned by British subjects, sailing under British colours and with British papers, shall have entered the port of Bangkok for purposes of trade, subsequent to the sign- ing of this Treaty. ARTICLE III. Punishment of British Subjects and Siamese in the Employ of British Subjects Offending against Laws of Siam. If Siamese in the employ of British subjects offend against the laws of their country, or if any Siamese having so offended or desiring to desert, take refuge with a British subject in Siam, they shall be searched for, and upon proof of their guilt or desertion, shall be delivered up by the Consul to the Siamese authorities. In like manner, any British offenders resident or trading in Siam, who may desert, escape to, or hide themselves in, Siamese territory, shall be apprehended and delivered over to the British Consul on his requisition. Chinese, not able to prove themselves to be British subjects, shall not be considered as such by the British Consul, nor be entitled to his protection. April 18, 1855.] SI AM. 757 ARTICLE IV. Trade of British Subjects with all Siamese Ports. Permanent Residence, at Bangkok only. Building, $c., of Houses within four miles of Bangkok. Acquisition of Property within twenty- four hours' journey from Bangkok. Protection of Persons and Property. British subjects are permitted to trade freely in all the seaports of Siam, but may reside permanently only at Bangkok, or within the limits assigned by this Treaty. British subjects coming to reside at Bangkok may rent land, and buy or build houses, but cannot purchase lands within a circuit of 200 sen (not more than four miles English) from the city walls, until they shall have lived in Siam for ten years, or shall obtain special authority from the Siamese Government to enable them to do so. But with the exception of this limitation, British resident in Siam may at any time buy or rent houses, lands, or plantations situated anywhere within a distance of twenty-four hours' journey from the city of Bangkok, to be computed by the rate at which boats of the country can travel. In order to obtain possession of such lands or houses, it will be necessary that the British subject shall, in the first place, make application through the Consul to the proper Siamese officer; and the Siamese officer and the Consul having satisfied themselves of the honest intentions of the applicant, will assist him in settling, upon equitable terms, the amount of the purchase money, will mark out and fix the boundaries of the property, and will convey the same to the British purchaser under sealed deeds. Whereupon he and his property shall be placed under the protection of the Governor of the district and that of the particular local authorities; he shall conform, in ordinary matters, to any just directions given him by them, and will be subject to the same taxation that is levied on Siamese subjects. But if through negligence, the want of capital, or other cause, a British subject should fail to commence the cultivation or improve- ment of the lands so acquired within a term of three years from the date of receiving possession thereof, the Siamese Government shall have the power of resuming the property, upon returning to the British subject the purchase money paid by him for the same. ARTICLE V. Registration of British Subjects. Passports. All British subjects intending to reside in Siam shall be registered at the British Consulate. They shall not go out to sea, nor proceed beyond the limits assigned by this Treaty for the residence of British subjects, without a passport from the Siamese authorities, to be applied for by the British Consul ; nor shall they leave Siam, if the Siamese authorities show to the British Consul that legitimate objections exist to their quitting the 758 SIAM. [April 18, 1855. country. But within the limits appointed under the preceding Article, British subjects are at liberty to travel to and fro under the protection of a pass, to be furnished them by the British Consul, and counter-sealed by the proper Siamese officer, stating, in the Siamese character, their names, calling, and description. The Siamese officers at the Government stations in the interior may, at any time, call for the production of this pass, and immediately on its being exhibited, they must allow the parties to proceed ; but it will be their duty to detain those persons who, by travelling without a pass from the Consul, render themselves liable to the suspicion of their being deserters ; and such detention shall be immediately reported to the Consul. ARTICLE VI. Freedom of Religious Worship. Engagement of Siamese Servants />;/ British Subjects. All British subjects visiting or residing in Siam shall be allowed the free exercise of the Christian religion, and liberty to build churches in such localities as shall be consented to by the Siamese authorities. The Siamese Government will place no restrictions upon the employment by the English of Siamese subjects as servants, or in any other capacity. But wherever a Siamese subject belongs or owes service to some particular master, the servant who engages himself to a British subject without the consent of his master may be reclaimed by him ; and the Siamese Government will not enforce an agreement between a British subject and any Siamese in his employ, unless made with the knowledge and consent of the master, who has a right to dispose of the services of the person engaged. ARTICLE VII. Visit of Vessels of War Siamese to furnish Consul with means to enforce his authority over British Subjects. British ships of war may enter the river, and anchor at Paknam, but they shall not proceed above Paknam, unless with the consent of the Siamese authorities, which shall be given where ic is necessary that a ship shall go into dock for repairs. Any British ship of war conveying to Siam a public functionary accredited by Her Majesty's Government to the Court of Bangkok, shall be allowed to come up to Bangkok, but shall not pass the forts called Pong Phrachamit and Pit-pach-nuck, unless expressly permitted to do so by the Siamese Government ; but in the absence of a British ship of war, the Siamese authorities engage to furnish the Consul with a force sufficient to enable him to give effect to his authority over British subjects, and to enforce discipline among British shipping. April IS, 1855.] 81 AM. 759 AKTICLE VIII. Abolition of Measurement Duty. Import and Export Duties. The measurement duty hitherto paid by British vessels trading to Bangkok under the Treaty of 1826 shall be abolished from the date of this Treaty coming into operation, arid British shipping and trade will thenceforth be only subject to the payment of import and export duties on the goods landed or shipped. On all articles of import the duties shall be 3 per cent., payable at the option of the importer, either in kind or money, calculated upon the market value of the goods. Drawback of the full amount of duty shall be allowed upon goods found unsaleable and re-exported. Should the British merchant and the Custom-house officers disagree as to the value to be set upon imported articles, such disputes shall be referred to the Consul and proper Siamese officer, who shall each have the power to call in an equal number of merchants as assessors, not exceeding two on either side, to assist them in coming to an equitable decision. Opium. Opium may be imported free of duty, but can only be sold to the opium farmer or his agents. In the event of no arrange- ment being effected with them for the sale of the opium, it shall be re-exported, and no impost or duty shall be levied thereon. Any infringement of this regulation shall subject the opium trf seizure and confiscation. Exports to Pay one Impost only. Articles of export from the time of production to the date of shipment shall pay one impost only, whether this be levied under the name of inland tax, transit duty, or duty on exporta- tion. The tax or duty to be paid on each article of Siamese produce previous to or upon exportation, is specified in the Tariff attached to this Treaty; and it is distinctly agreed that goods or produce which pay any description of tax in the interior shall be exempted from any further payment of duty on exportation. English Merchants may Purchase Direct from Producer. English merchants are to he allowed to purchase directly from the producer the articles in which they trade, and in like manner to sell their goods directly to the parties wishing to purchase the "same, without the interference, in either case, of any other person. Tariff. British Shipping. National Treatment. The rates of duty laid down in the Tariff attached to this Treaty are those that are now paid upon goods or produce shipped 760 SI AM. [April 18, 1855. in Siamese or Chinese vessels or junks ; and it is agreed that British shipping shall enjoy all the privileges now exercised by, or which hereafter may be granted to, Siamese or Chinese vessels or junks. British Shipbuilding in Siam. British subjects will be allowed to build ships in Siam, on obtaining permission to do so from the Siamese authorities. Export of Salt, Rice, and Fish may be Prohibited in Time of Famine. Whenever a scarcity may be apprehended, of salt, rice, and fish, the Siamese Government reserve to themselves the right of prohibiting, by public proclamation, the exportation of these articles. Free Importation qf Bullion and Personal Effects. Bullion, or personal effects, may be imported or exported free of charge. ARTICLE IX. Enforcement of Regulations Appended to Treaty. The Code of Regulations appended to this Treaty shall be enforced by the Consul, with the co-operation of the Siamese authorities ; and they, the said authorities and Consul, shall be enabled to introduce any further regulations which may be found necessary, in order to give effect to the objects of this Treaty. All fines and penalties inflicted for infraction of the provisions and regulations of this Treaty shall be paid to the Siamese Government. Until the British Consul shall arrive at Bangkok, and enter upon his functions, the consignees of British vessels shall be at liberty to settle with the Siamese authorities all questions relating to their trade. ARTICLE X. General Most-fawured-nation Treatment. The British Government and its subjects will be allowed free and equal participation in any privileges that may have been, or may hereafter be, granted by the Siamese Government to the Government or subjects of any other nation. ARTICLE XL Revision of this Treaty and Treaty of 1826. After the lapse of ten years from the date of the ratification of this Treaty, upon the desire of either the British or Siamese April 18, 1855.] SI AM. 761 Government, and on twelve months' notice given by either Party, the present and such portions of the Treaty of 1826 as remain unrevoked by this Treaty, together with the Tariff and Kegula- tions hereunto annexed, or those that may hereafter be introduced, shall be subject to revision by Commissioners appointed on both sides for this purpose, who will be empowered to decide on and insert therein such amendments as experience shall prove to be desirable. AETICLE XII. Date of coming into force of Treaty. This Treaty, executed in English and Siamese, both "versions having the same meaning and intention, and the ratifica- tions thereof having been previously exchanged, shall take effect from the sixth day of April in the year one thousand eight hun- dred and fifty-six of the Christian era, corresponding to the first day of the fifth month of the one thousand two hundred and eighteenth year of the Siamese Civil era. In witness whereof the above-named Plenipotentiaries have signed and sealed the present Treaty in quadruplicate at Bangkok, on the eighteenth day of April, in the year one thousand eight hundred and fifty-five of the Christian era, corresponding to the second day of the sixth month of the one thousand two hundred and seventeenth year of the Siamese Civil era. (L.S.) JOHN BOWRING. (Signatures and seals of the five Siamese Plenipotentiaries.) GENERAL PECULATIONS UNDER WHICH BRITISH TRADE is TO BE CONDUCTED IN SlAM. REGULATION I. Formalities on arrival of British Vessels at Paknam. The master of every English ship corning to Bangkok to trade, must, either before or after entering the river, as may be found convenient, report the arrival of his vessel at the custom-house at Paknam, together with the number of his crew and guns, and the port from whence he comes. Upon anchoring his vessel at Paknam, he will deliver into the custody of the custom-house officers all his guns and ammunition ; and a custom-house officer will then be appointed to the vessel, and will proceed in her to Bangkok. 762 . SIAM. [April 18, 1855. REGULATION IT. - - . - - . < . , . .British Vessels passing Paknam without giving 'up- Gum and , Ammunition. A vessel passing Paknani without discharging her guns and ammunition as directed in the foregoing regulation, will be sent back to Paknam to comply with its provisions, and will be fined 800 ticals for having so disobeyed. After delivery of her guns and ammunition she will be permitted to return to Bangkok to trade, REGULATION III. Formalities on arrival of British Vessels at Bangkok. When a British vessel shall have cast anchor at Bangkok,- the master, unless a Sunday should intervene, will, within four-ancU twenty hours after arrival, proceed to the British Consulate, and deposit there his ship's papers, bills of lading, &c., together with a true manifest of his import cargo ; and upon the Consul's reporting these particulars to the custom-house, permission to break bulk will'' at once be given by the latter. For neglecting so to report his arrival, or for presenting a false manifest, the master will subject himself, in each instance, to a penalty of 400 ticals; 1 but he will be allowed to correct, within twenty-four hours after delivery of it to the Consul, any mistake he may discover in his manifest, without incurring the above-mentioned penalty. REGULATION IV. British Vessels discharging without permission, or Smuggling. A British vsssel breaking bulk, and commencing to discharge before due permission shall be obtained, or smuggling either when in the river or outside the bar, shall be subject to the penalty of 800 ticals, and confiscation of the goods so smuggled or discharged. REGULATION V. Clearance of British Vessels. Formalities. As soon as a British vessel shall have discharged her cargo, ; and completed her outward lading, paid all her duties, and delivered a true manifest of her outward cargo to the British Consul, a Siamese port- clearance shall be granted her on application ffoni the Consul, who, in the absence of any legal impediment to her departure, will then return to the master his ship's papers and allow the vessel to leave. A custom-house officer will accompany the vessel to Paknam ; and on arriving there she will April 18, 1855.] SI AM. 763 be inspected by the Custom-house officers of that station, and will receive from them the gun.s and ammunition previously delivered into their charge. REGULATION VI. English Text of these Regulations accepted ~by Siam. Her Britannic Majesty's Plenipotentiary having no knowledge of the Siamese language, the Siamese Government have agreed that the English text of these Regulations, together with the Treaty of which they form a portion, and the Tariff hereunto annexed, shall be accepted as conveying in every respect their true meaning and intention. (L.S.) JOHN BOWRING. (Signatures and seals of the five Siamese Plenipotentiaries.) TARIFF OF EXPORT AND INLAND DUTIES TO BE LEVIED ON ARTICLES OF TRADE. SECTION I, The undermentioned Articles shall be entirely free from Inland or other Taxes, on production or transit, and shall pay Export Duty as follows : Tical. Salung. Fuang. Hun. 1. Ivory ... ... ... 10 00 Per pecul. 2. Gamboge ... ... 6 00,, 3. Ehinoceros horns ... 50 4. Cardamums, best ... 14 5. Ditto, bastard ... 6 .0 6. Dried Mussels ... ... 1 7. Pelican's quills... ... 2 2 8. Betel nut, dried ... 1 0. 9. Krachi wood ... ... 2 00,, 10. Shark's fins, white ... 60 11. Ditto, black ... 3 12. Lukkrabau seed ... 2 13. Peacock's tails ... ... 10 Per 100 tails. 14. Buffalo and cow bones ... 3 Per pecul. 15. Ehinoceros hides ... 2 16. Hide cuttings ... ... 1 17. Turtle shells ... ... 1 . 18. Soft ditto ... ... 1 19. BSche de mer ... ... 3 20. Fish maws ... ... 3 00,, 21. Bird's nests, uncleaned ... 20 per cent. 22. Kingfisher's feathers ... 6 Per 100. 23. Gutch... ... ... 2 Per pecul. 24. Beyche" seed (Nux Vomica) 02 00,, 25. Pungtarai seed... ... 2 764 SIAM. [April 18, 1855 26. Gum Benjamin... 27. Angrai bark 28. Agilla wood 29. Kay skins 30. Old deer's horns 31. Soft, or young ditto 32. Deer hides, fine... 33. Ditto, common ... 34. Deer sinews 35. Buffalo and cow hides 36. Elephant's bones 37. Tiger's bones . . . 38. Buffalo horns ... 39. Elephant's hides 40. Tiger's skins ... 41. Armadillo skins 42. Sticklac 43. Hemp... 44. Dried fish, Plaheng 45. Ditto, Plasalh 46. Sapan wood 47. Salt meat . ... 48. Mangrove bark... 49. Bosewood 50. Ebony... 51. Bice Tical. Sailing. Fuang. Hun. 4 Per pecul. 2 }) 2 '0 3 5) 1 51 10 per cent. 8 Per 100 hides. 3 4 Per pecul. 1 1 M 5 n 1 }) 1 1 Per skin. 4 Per pecul. 1 1 5) 1 2 1 o 5? 1 w 2 1 5J 2 1 n o 2 ' 1 1 4 Per koyan. SECTION IT. The undermentioned Articles being subject to the Inland or Transit Duties herein named, and which shall not be increased, shall be exempt from Export Duty. Tical. Sailing. Fuang. Hun. 52. Sugar, white 2 Per pecul. 53. Ditto, red 1 o 54. Cotton, cleaned and un- ' cleaned 10 per cent. 55. Pepper 1 Per pecul. 56. Salt fish, Platu... 1 Per 10,000 fish. 57. Beans and peas... One-twelfth. 58. Dried prawns ... One-twelfth. 59. Tilseed One-twelfth. 60. Silk, raw One-twelfth. 61. Bees'- wax One-fifteenth. 62. Tallow 1 Per pecul. 63. Salt ... 6 Per koyan. 64. Tobacco 1 2 Perl, 000 bundl SECTION III. All goods or produce unenumerated in this Tariff shall be free of Export Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceeding the rate now paid. (L.S.) JOHN BOWRING. (Signatures and seals of the five Siamese Plenipotentiaries.) May 13, 1856.] SIAM. 765 No. 149. AGREEMENT BETWEEN GREAT BRITAIN AND SIAM SUPPLEMENTARY TO THE TREATY OF APRIL 18, 1855. Signed at Bangkok, May 13, 1856. AGREEMENT entered into between Harry Smith Parkes, Esq., on the part of Her Britannic Majesty's Government, and the undermentioned Royal Commissioners, on the part of Their Majesties the First and Second Kings of Siam. Mr. Parkes having stated, on his arrival at Bangkok, as bearer of Her Britannic Majesty's ratification of the Treaty of Friendship and Commerce, concluded on the 18th day of April, 1855, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and Their Majesties Phra Bard Somdetch Phra Paramendr Maha Mongkut Phra Chora Klau Chau Yu Hua, the First King of Siam, and Phra Bard Somdetch Phra Pawarendr Eamesr Mahiswaresr Phra Pin Klau Chau Yu Hua, the Second King of Siam, that he was instructed by the Earl of Clarendon, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs, to request the Siamese Government to consent to an enumeration of those Articles of the former Treaty, concluded in 1826, between the Honourable East India Company and Their late Majesties the First and Second Kings of Siam, which are abrogated by the Treaty first named, and also to agree to certain explanations which appear necessary to mark the precise force and application of certain portions of the new Treaty ; Their aforesaid Majesties, the First and Second Kings of Siam, have appointed arid empowered certain Royal Commissioners, namely, his Royal Highness Krorn Hluang Wong-sa Dhiraj Snidh, and their Excellencies the four Sen apathies or Principal Ministers of Siam, to confer and arrange with Mr. Parkes the matters above named ; and the said Royal Commissioners having accordingly met Mr. Parkes for this purpose, on repeated occasions, and maturely considered all the subjects brought by him to their notice, have resolved : That it is proper, in order to prevent future controversy, that those clauses of the old Treaty which are abrogated by the new Treaty should be distinctly specified, and that any clause of the new Treaty which is not sufficiently clear should be fully explained. To this end they have agreed to and concluded the following twelve Articles : ARTICLE I. Portions of Treaty of 1826 not Abrogated ty Treaty of 1856. The Articles of the old Treaty not abrogated by the new Treaty, are I, II, III, VIII, XI, XII, XIII, and XIV, and the- undermentioned clauses of Articles VI and X ; [536] 3 E 766 SI AM. [May 13, 1856 In Article VI the Siamese desire to retain the following clause " If a Siamese or English merchant buy or sell, without inquiring and ascertaining whether the seller or buyer be of a good or bad character, and if he meet with a bad man, who takes the property and absconds, the rulers and officers on either side must make search and endeavour to produce the property of the absconder, and investigate the matter with sincerity. If the party possess money or property, he can be made to pay ; but if he does not possess any, or if he cannot be apprehended, it will be the merchant's own fault, and the authorities cannot be held responsible." Of Article X, Mr. Parkes desires to retain that clause relating to the overland route, which states : "Asiatic merchants of the English countries, not being Burmese, Pegouans, or descendants of Europeans, desiring to enter into and trade with the Siamese dominions, from the countries of Mergui, Tavoy, Tenasserim, and Ye, which are now subject to the English, will be allowed to do so freely overland and by water upon the English furnishing them with proper certificates." Mr. Parkes, however, desires that all British subjects, without exception, shall be allowed to participate in this overland trade. The said Royal Commissioners therefore agree, on the part of the Siamese, that all traders, under British rule, may cross from the territories of Mergui, Tavoy, Ye. Tenasserim, Pegu, or other places, by land or by water, to the Siamese territories, and may trade there with facility, on the condition that they shall be provided by the British authorities with proper certificates, which must be renewed for each journey. The Commercial Agreement annexed to the old Treaty is abrogated by the new Treaty, with the exception of the under- mentioned clauses of Articles I and IV. Of Article I the Siamese desire to retain the following clause " British merchants importing fire-arms, shot, or gunpowder, are prohibited from selling them to any party but the Government. Should the Government not require such fire-arms, shot, or gun- powder, the merchants must re-export the whole of them." Article IV stipulates that no charge or duty shall be levied on boats carrying cargo to British ships at the bar. The Siamese desire to cancel this clause, for the reason that the old measure- ment duty of 1,700 ticals per fathom included the fees of the various officers, but as this measurement duty has now been abolished, the Siamese wish to levy on each native boat taking cargo out to sea, a fee of 8 ticals 2 salungs, this being the charge paid by Siamese traders ; and Mr. Parkes undertakes to submit this point to the consideration of Her Majesty's Minister Plenipotentiary to the Court of Siam. May 13, 1856.] SIAM. 767 AETICLE IT. Exclusive Jurisdiction of the Consul over British Subjects. The Ilnd Article of the Treaty stipulates that " Any disputes arising between British and Siamese subjects shall be heard and determined by the Consul in conjunction with the proper Siamese officers ; and criminal offenders will be punished, in the case of English offenders by the Consul according to English laws, and in the case of Siamese offenders by their own laws, through the Siamese authorities ; but the Consul shall not interfere in any matters referring solely to Siamese, neither will the Siamese authorities interfere in questions which only concern the subjects of Her Britannic Majesty." On the non-interference of the Consul with the Siamese, or of the Siamese with British subjects, the said Eoyal Commissioners desire, in the first place, to state that while, for natural reasons, they fully approve of the Consul holding no jurisdiction over Siamese in their own country, the Siamese authorities, on the other hand, will feel themselves bound to call on the Consul to apprehend and punish British subjects who shall commit, whilst in Siamese territory, any grave infractions of the laws, such as cutting, wounding, or inflicting other serious bodily harm. But in dis- putes, or in offences of a slighter nature, committed by British subjects among themselves, the Siamese authorities will refrain from all interference. With reference to the punishment of offences, or the settlement of disputes, it is agreed : That all criminal cases in which both parties are British subjects, or in which the defendant is a British subject, shall be tried and determined by the British Consul alone. All criminal cases in which both parties are Siamese, or in which the defendant is a Siamese, shall be tried and determined by the Siamese authorities alone. That all civil cases in which both parties are British subjects, or in which the defendant is a British subject, shall be heard and determined by the British Consul alone. All civil cases in which both parties are Siamese, or in which the defendant is a Siamese, shall be heard and determined by the Siamese authorities alone. That whenever a British subject has to complain against a Siamese, he must make his complaint through the British Consul, who will lay it before the proper Siamese authorities. That in all cases in which Siamese or British subjects are interested, the Siamese authorities in the one case, and the British Consul on the other, shall be at liberty to attend to, and listen to, the investigation of the case ; and copies of the proceedings will be furnished from time to time, or whenever desired, to the Consul or the Siamese authorities, until the case is concluded. That although the Siamese may interfere so far with British subjects, as to call upon the Consul, in the manner stated in this [536] 3 E 2 768 SIAM. [May 13, 1856, Article, to punish grave offences when committed by British subjects, it is agreed that British subjects, their persons, houses, premises, lands, ships, or property of any kind, shall not be seized, injured, or in any way interfered with by the Siamese. In case of any violation of this stipulation, the Siamese authorities will take cognizance of the case, and punish the offenders. On the other hand, Siamese subjects, their persons, houses, premises, or property of any kind, shall not be seized, injured, or in any way interfered with by the English ; and the British Consul shall investigate and punish any breach of this stipulation. ARTICLE III. Eight of British Subjects to Dispose of their Property at Will. By the IVth Article of the Treaty, British subjects are allowed to purchase in Siam "houses, gardens, fields, or plantations." It is agreed, in reference to this stipulation, that British subjects, who have accordingly purchased houses, gardens, fields, or planta- tions, are at liberty to sell the same to whomsoever they please, In the event of a British subject dying in Siam, and leaving houses, lands, or other property, his relations, or those persons who are heirs according to English law, shall receive possession of the said property ; and the British Consul, or some one appointed by the British Consul, may proceed at once to take charge of the said property on their account. If the deceased should have debts due to him by the Siamese, or other persons, the Consul can collect them ; and if the deceased should owe money, the Consul shall liquidate his debts as far as the estate of the deceased shall suffice. ARTICLE IV. TaxeS) Duties, or other Charges leviable on British Subject*. The IVth Article of the Treaty provides for the payment on the lands held or purchased by British subjects, of " the same taxation that is levied on Siamese subjects." The taxes here alluded to are those set forth in the annexed Schedule. Again, it is stated in the VHIth Article, that "British subjects are to pay import and export duties according to the Tariff annexed to the Treaty." For the sake of greater distinctness, it is necessary to add to-these two clauses the following explanation, namely, that besides the land tax and the import and export duties, mentioned in the aforesaid Articles, no additional charge or tax of any kind may be imposed upon a British subject, unless it obtain the sanction both of the Supreme Siamese authorities and the British Consul. May 13, 1856.] SI AM, 769 ARTICLE V. Passports and Port Clearances. The Vth Article of the Treaty provides that passports shall be granted to travellers, and the Vth Article of the Regulations that port-clearances shall be furnished to ships. In reference thereto, the said Royal Commissioners, at the request of Mr. Parkes, agree that the passports to be given to British subjects travelling beyond the limits assigned by the Treaty for the residence of British subjects, together with the passes for cargo-boats and the port-clearances of British ships, shall be issued within twenty- tour hours after formal application for the same shall have been made to the proper Siamese authorities ; but if reasonable cause should, at any time, exist for delaying or withholding the issue of any of these papers, the Siamese authorities must at once com- municate it to the Consul. Passports for British subjects travelling in the interior, and the port-clearances of British ships, will be granted by the Siamese authorities free of charge. ARTICLE VI. Prohibition of the Exportation of Rice, Salt, and Fish, and on the Duty on Paddy in time of Scarcity. The Vlllth Article of the Treaty stipulates, that " whenever a scarcity may be apprehended of salt, rice, and fish, the Siamese Government reserve to themselves the right of prohibiting by public proclamation the exportation of these articles." Mr. Parkes, in elucidation of this clause, desires an agreement to this effect, namely, that a month's notice shall be given by the Siamese authorities to the Consul, prior to the enforcement of the prohibition, and that British subjects who may previously obtain special permission from the Siamese authorities to export a certain quantity of rice which they have already purchased, may do so even after the prohibition comes in force. Mr. Parkes also requests that the export duty on paddy should be half of that on rice, namely, two ticals per koyan. The said Royal Commissioners having in view the fact that rice forms the principal sustenance of the nation, stipulate that on the breaking out of war or rebellion, the Siamese may prohibit the trade in rice, and may enforce the prohibition so long as the hostilities thus occasioned shall continue. If a dearth should be apprehended on account of the want or excess of rain, the Consul will be informed one month previous to the enforcement of the prohibition. British merchants who obtain the Royal permission, upon the issue of the proclamation, to export a certain quantity of rice which they have already purchased, may do so, irrespective of the prohibition to the contrary ; but those merchants who do not obtain the Royal permission will not be allowed, when the 770 SI AM. [May 13, 1856. prohibition takes effect, to export the rice they may already have purchased. The prohibition shall be removed as soon as the cause of its being imposed shall have ceased to exist. Paddy may be exported on payment of a duty of two ticals per koyan, or half the amount levied on rice. AETICLE VII. Free Importation of Gold and Silver Bars and Gold-Leaf. 3 Per Cent. Duty on Gold and Silver Manufactures and Precious Stones. Under the Vlllth Article of the Treaty, bullion may be imported or exported free of charge. With reference to this clause, the said Royal Commissioners, at the request of Mr. Parkes, agree that foreign coins of every denomination, gold and silver in bars or ingots, and gold-leaf, may be imported free ; but manu- factured articles in gold and silver, plated ware, and diamonds or other precious stones, must pay an import duty of 3 per cent. ARTICLE VIII. Establishment of a Custom-house. The said Royal Commissioners, at the request of Mr. Parkes, and in conformity with the intent of the Vlllth Article of the new Treaty, agree to the immediate establishment of a custom- house, under the superintendence of a high Government func- tionary, for the examination of all goods landed or shipped, and the receipt of the import and export duties due thereon. They further agree that the business of the custom-house shall be conducted under the regulations annexed to this Agreement. ARTICLE IX. Subsequent Taxation of Articles now free from Duty. Mr. Parkes agrees with the said Royal Commissioners that whenever the Siamese Government deem it to be beneficial for the country to impose a single tax or duty on any article not now subject to a public charge of any kind, they are at liberty to do so, provided that the said tax be just and reasonable. ARTICLE X. Boundaries of the Four-Mile Circuit. It is stipulated in the IVth Article of the Treaty, that " British subjects coming to reside at Bangkok, may rent land and buy or build houses, but cannot purchase lands within a circuit of 200 sen (not more than four miles English) from the city walls, until they shall have lived in Siam for ten years, or shall obtain May 18, 1856.] SI AM. 771 special authority from the Siamese Government to enable them to do so " The points to which the circuit extends, due north, south, east, and west of the city, and the spot where it crosses the river below Bangkok, have accordingly been measured by officers on the part of the Siamese and English ; and their measurements, having been examined and agreed to by the said Royal Commissioners and Mr. Parkes, are marked by stone pillars placed at the under- mentioned localities, viz. : On the North. One sen north of Wat Kemabhirataram. On the East. Six sen and seven fathoms south-west of Wat Bangkapi. On the South. About nineteen sen south of the village of Bangpakeo. On the West. About two sen south-west of the village of Bangphrom. The pillars marking the spot where the circuit line crosses the river below Bangkok are placed on the left bank three sen below the village of Bangmanau, and on the right bank about one sen below the village of Banglampuluen. ARTICLE XL Boundaries of the Twenty-four hours' Journey. It is stipulated in the IVth Article of the Treaty, that " ex- cepting within the circuit of four miles, British merchants in Siam may at any time buy or rent houses, lands, or plantations, situated anywhere within a distance of twenty-four hours' journey from the city of Bangkok, to be computed by the rate at which boats of the country can travel. The said Royal Commissioners and Mr. Parkes have consulted together on this subject, and have agreed that the boundaries of the said twenty-fours hours' journey shall be as follows : 1. On the North. The Bangputsa Canal from its mouth on the Chow Phya River, to the old city walls of Lobpury ; and a straight line from Lobpury to the landing place of Tha Phra-ngam, near to the town of Sarabui, on the River Pasak. 2. On the East. A straight line drawn from the landing place of Tha Phra-ngam to the junction of the Klongkut Canal with the Bangpakong 772 SIAM. [May 13, 1856. Kiver ; the Bangpakong River from the junction of the Khongkut Canal to its mouth, and the coast from the mouth of the Bangpa- kong River, to the Isle of Srimaharajah, to such distance inland as can be reached within twenty-four hours' journey from Bangkok. 3. On the South, The Isle of Srimaharajah and the Islands of Se Chang, on the east side of the Gulf ; and the city walls of Petchaburi, on the west side. 4, On the West. The western coast of the Gulf to the mouth of the Meklong River, to such a distance inland ss can be reached within twenty- four hours' journey from Bangkok, The Meklong River, from its mouth to the city walls of Rajpury ; a straight line from the city walls of Rajpury to the town of Subharnapury ; and a straight line from the town of Subharnapury to the mouth of the Bang- putsa Canal, on the Chow Phya River, ARTICLE XII. Incorporation of this Agreement in the Treaty. The said Royal Commissioners agree, on the part of the Siamese Government, to incorporate all the Articles of this Agree- ment in the Treaty concluded by the Siamese Plenipotentiaries and Sir John Bowring, on the 18th April, 1855, whenever this shall be desired by Her Britannic Majesty's Plenipotentiary. In witness whereof the said Harry Smith Parkes, and the said Royal Commissioners, have sealed and signed this Agreement in duplicate, at Bangkok, on the thirteenth day of May, in the year one thousand eight hundred and fifty-six of the Christian era, corresponding to the ninth day of the waxing moon of the lunar month of Wesakh, in the year of the quadrupede serpent, being the year one thousand two hundred and eighteen of the Siamese astronomical era, which is the nineteenth of Her Britannic Majesty's, and sixth of Their present Siamese Majesties' reigns, (L.S.) HARRY S. PARKES, (Signatures and seals of the five Royal Commissioners,) SCHEDULE OF TAXES ON GARDEN-GROUND, PLANT ATIOJSS, OR OTHER LANDS. SECTION I. Trenched or raised lands planted with the follow- ing eight sorts of fruit-trees are subject to the long assessment, which is calculated on the trees grown on the land, and not on the land itself ; and the amount to be collected annually by the proper May 13, 1866.] SIAM. 773 officers, and paid by them into the Koyal Treasury, is indorsed on the title-deeds or official certificates of tenure. 1. Betel-nut Trees. 1st Class (Makek), height of stem from 3 to 4 fathoms, pay per tree ... ... ... 138 cowries. 2nd Class (Makto), height of stem from 5 to 6 fathoms, pay per tree ... ... ... 128 cowries. 3rd Class (Maktri), height of stem from 7 to 8 fathoms, pay per tree ... ... ... 118 cowries. 4th Class (Mak Pakarai) trees just commencing to bear, pay per tree ... ... ... 128 cowries. 5th Class (Mak lek) height of stein from 1 sok and upwards to size of 4th class, pay per tree ... 50 cowries. 2. Cocoa-nut Trees. Of all sizes from 1 sok an d_up wards in height of stem, pay per three trees ... 1 salung. 3. Siri Vines. All sizes from 5 sok in height and upwards pay per tree or pole when trained on tunglang trees . . . 200 cowries. 4. Mango Trees. Stem of 4 kam in circumference at the height of 3 sok from the ground, or from that size and up- wards, pay per tree .. ... ... 1 fuang. 5. Map* rang Trees. Are assessed at the same rate as mango trees. 6. Durian Trees. Stem of 4 kam in circumference at the height of 3 sok from the ground, or from that size and up- wards, pay per tree ... ... ... 1 tical. 7. Mangosteen Trees. Stem of 2 kam in circumference at the height of 1-J sok from the ground, pay per tree ... . . 1 fuang. 8. Langsat Trees. Are assessed at the same rate as Mangosteen trees. Note. The long assessment is made under ordinary circum- stances once only in each reign, and plantations or lands having 774 SI AM. [May 13, 1856. onoo boon assessed at the above-mentioned rates, continue to pay the same annual sum, which is indorsed op the official certificate of tenure (subject to remissions granted in case of the destruction of the trees by drought or flood) until the next assessment is made. regardless of the now trees that may have boon planted in the in- terval, or the old trees that may have died otV. AVhen the time for a new assessment arrives, a fresh account of the trees is taken, those that have died since the former one being omitted, and those that have been newly planted being inserted, provided they have obtained the above-stated dimensions : otherwise they are free of charge. SECTION 11. Trenched or raised lands planted with the following eight sorts of fruit-trees are subject to an annual assess- ment, calculated on the trees grown on the lands, in the following manner, that is to say : 1. Oi'dtlQt I Five kinds (^Som Kio wan, Som pluck bang, Som 1'eparot, Soni Kab Sungo), stern of 6 ngiu in circumference close to the ground, or from that size and upwards, pay per 10 tree* ... ... 1 fuang. All other kinds of orange trees of the same size as the above, pay per 15 trees ... ... ... ... 1 fuang. '2. Jack-fruit T Stem of 6 ka-m in circumference, at the height of - sok from the ground, or from that size and upwards, pay per 1 5 trees ... ... ... ... ... 1 fuang. 3. Bread-fruit T Are assessed at the same rate as jack-fruit trees. 4. Mak Fai T, Stem of 4 kam in circumference, at the height of 2 sok from the ground, or from that size and upwards, pay per 12 trees 1 fuang. 5. Stem of 2 kam in circumference, at the height of 1 kub from the ground, or from that size and upwards, pay per 12 trees ' 1 fuang. 6. Saton Trees. Stem of 6 kam in circumference, at the height of 2 sok from the ground, or from that size and upwards, pay per 5 trees 1 fuang. May 13, 1866.] SI AM. 775 7. IifJ.iiilv.tn Stem of 4 /'.///, in circumference, at the height of 2 #>& from the ground, or from that size and upwards, pay per 5 ti ... ... ... ... ... 1 fuang 8. Pm/? Apples. Pay per 1,000 plant- ... ... ... ... 1 salung 1 fuang. nox III The following six kinds of fruit-trees, when planted in trenched or untrenched lands, or in any other manner than as plantations subject to the long assessment described in Section I, are assessed annually at the under- mentioned rates : Mangoes ... ... ... ... 1 fuang per tree. Tamarinds ... ... ... 1 do. per 2 trees. Custard apples ... ... ... 1 do. per 20 trees. Plaintains ... ... ... 1 do. per 50 roots. Siri vines (trained on poles) ... 1 do. per 12 vines. Pepper vines ... ... ... 1 do. per 12 do. SECTION* IV. Trenched or raised lands planted with annuals of all sorts, pay a land tax of 1 salung and 1 fuang per rai for each crop. An annual fee of 3 salungs and 1 fuang is also charged by the Xairowang (or local tax collector) for each lot or holding of trenched land tor which an official title or certificate of tenure has been taken out. When held under the long assessment, and planted with the eight sorts of fruit-trees described in Section I, the annual fee paid to the Xairowang for each lot or holding of trenched land for which an official title or certificate of tenure has been taken out, is 2 salungs. IJON A'. I'ntrenched or lo\v lauds, planted with annuals of all sorts, pay a land tax of 1 salung and 1 fuang per rai for each crop. Xo land tax is levied on these lands if left uncultivated. Sixty cowries per tical are levied as expenses of testing the quality of the silver on all sums paid as taxes under the long assessment. Taxes paid under the annual assessment are exempted from this charge. Lands having once paid a tax according to one or other of the above-mentioned rates, are entirely free from all other taxes or charges. (L.S.) HARRY S. PAEKK- (Signatures and seals of the five Royal Commissioners.) 776 SI AM. [May 13, 1856. CUSTOM-HOUSE KEGULATIONS. 1. A custom-house is to be built at Bangkok, near to the anchorage, and officers must be in attendance there between 9 A.M. and 3 P.M. The business of the custom-house must be carried on between those hours. The tide-waiters, required to superintend the landing or shipment of goods, will remain in waiting for that purpose, from daylight until dark. 2. Subordinate Custom-house officers shall be appointed to each ship ; their number shall not be limited, and they may remain on board the vessel or in boats alongside. The Custom- house officers appointed to the vessels outside the bar will have the option of residing on board the ships, or of accompanying the cargo-boats on their passage to and fro. 3. The landing, shipment, or transhipment of goods may be carried on only between sunrise and sunset. 4. All cargo landed or shipped shall be examined and passed by the Custom-house officers within twelve hours of daylight after the receipt at the custom-house of the proper application. The manner in which such application and examination is to be made shall be settled by the Consul and the Superintendent of Customs. 5. Duties may be paid by British merchants in ticals, foreign coin, or bullion, the relative values of which will be settled by the Consul and the proper Siamese officers. The Siamese will appoint whomsoever they may please to receive payment of the duties. 6. The Eeceiver of duties may take from the merchants 2 salungs per catty of 80 ticals for testing the money paid to him as duties ; and for each stamped receipt given by him for duties he may charge 6 salungs. 7. Both the Superintendent of Customs and the British Consul shall be provided with sealed sets of balance yards, money weights, and measures, which may be referred to in the event of any difference arising with the merchants as to the weight or dimensions of money or goods. (L.S.) HARRY S. PARKES. (Signatures and seals of the five Royal Commissioners.) April 6, 1883.] SI AM. 777 No. 150. AGREEMENT BETWEEN GREAT BRITAIN AND SIAM FOR REGULATING THE TRAFFIC IN SPIRITUOUS LIQUORS. Signed at London, April 6, 1883. THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Government of His Majesty the King of Siam, being desirous of making satisfactory arrangements for the regulation of the traffic in spirituous liquors in Siam, the Undersigned, duly authorized to that effect, have agreed as follows : AETICLE I. Duty on Spirits, Wines, and Beer, Imported ~by British Subjects into Siam. Spirits of all kinds not exceeding in alcoholic strength those permitted to be manufactured by the Siamese Government in Siam may be imported and sold by British subjects on payment of the same duty as that levied by the Siamese excise laws upon spirits manufactured in Siam ; and spirits exceeding in alcoholic strength spirits manufactured in Siam as aforesaid may be imported and sold upon payment of such duty and of a proportionate additional duty for the excess of alcoholic strength above the Siamese Government standard. Beer and wines may be imported and sold by British subjects on payment of the same duty as that levied by the Siamese excise laws upon similar articles manufactured in Siam, but the duty on imported beer and wines shall in no case exceed 10 per cent. ad valorem. The said duty on imported spirits, beer, and wines shall be in substitution of, and not in addition to, the import duty of 3 per cent, leviable under the existing Treaties ; and no further duty, tax, or imposition whatever shall be imposed on imported spirits, beer, and wines. Excise Duty on Spirits, Wines, and Beer, Manufactured by British Subjects in Siam. The scale of excise duty to be levied upon spirits, beer, and winss manufactured in Siam shall be communicated by the Siamese Government to Her Majesty's Agent and Consul-General at 778 STAM. [April 6, 1883. Bangkok, and no change in the excise duties shall affect British subjects until after the expiration of six months from the date at which such notice shall have been communicated by the Siamese Government to Her Majesty's Eepresentative at Bangkok. ARTICLE II. Testing of Imported Spirits. The testing of spirits imported into the Kingdom of Siam by British subjects shall be carried out by European officials nominated by the Siamese authorities, and by an equal number of experts nominated by Her Majesty's Consul. In case of difference the parties shall nominate a third person, who shall act as umpire. ARTICLE III. Siam, may Stop Importation of Spirits Deleterious to Pullic Health. The Siamese Government may stop the importation by British subjects into Siam of any spirits which, on examination, shall be proved to be deleterious to the public health ; and they may give notice to the importers, consignees, or holders thereof to export the same within three months from the date of such notice, and if this is not done the Siamese Government may seize the said spirits and may destroy them, provided always that in all such cases the Siamese Government shall be bound to refund any duty which may have been already paid thereon. The testing of spirits imported by British subjects, and which may be alleged to be deleterious, shall be carried out in the manner provided by Article II. The Siamese Government engage to take all necessary measures to prohibit and prevent the sale of spirits manufactured in Siam which may be deleterious to the public health. ARTICLE IV. Licences for Retailing Spirits, Wines, and Beer. Any British subject who desires to retail spirituous liquors, beer, or wines in Siam must take out a special licence for that purpose from the Siamese Government, which shall not be refused without just and reasonable cause. This licence may be granted upon conditions to be agreed upon from time to time between the two Governments. ARTICLE V. Importation of Spirits, Wines, and Beer. Most-favoured-nation Treatment. British subjects shall at all times enjoy the same rights and privileges in regard to the importation and sale of spirits, beer, April 6, 1883.] SIAM. 779 wines, and spirituous liquors in Siam as the subjects of the most favoured nation ; and spirits, beer, wines, and spirituous liquors coming from any part of Her Britannic Majesty's dominions shall enjoy the same privileges in all respects as similar articles coming from any other country the most favoured in this respect. It is therefore clearly understood that British subjects are not bound to conform to the provisions of the present Agreement to any greater extent than the subjects of other nations are so bound. ARTICLE VI. Duration of the Agreement. Subject to the provisions of Article V, the present Agreement shall come into operation on a date to be fixed by mutual consent between the two Governments, and shall remain in force until the expiration of six months' notice given by either Party to deter- mine the same. The existing Treaty engagements between Great Britain and Siam shall continue in full force until the present Agreement comes into operation and after that date, except in so far as they are modified hereby. Should the present Agreement be terminated the Treaty engagements between Great Britain and Siam shall revive, and remain as they existed previously to the signature hereof. ARTICLE VII. Definition of " British Subjects," and of " Her Majesty s Consul." In this Agreement the words " British subject " shall include any naturalized or protected subject of Her Britannic Majesty and the words " Her Majesty's Consul " shall include any Consular officer of Her Britannic Majesty in Siam. In witness whereof the Undersigned have signed the same in duplicate, and have affixed thereto their seals. Done at London the sixth day of April, 1883, corresponding to the fourteenth day of the waning moon or the month Phagu- namas, of the year Horse, Fourth Decade, 1244, of the Siamese Astronomical Era. (L.S.) GRANVILLE. (L.S.) PRISDANG. ?80 SIAM. [September 3, 1883. No. 151. TREATY BETWEEN GREAT BRITAIN AND SIAM FOR THE PREVEN- TION OF CRIME IN THE TERRITORIES OF CHIENGMAI, LAKON, AND LAMPOONCHI, AND FOR THE PROMOTION OF COMMERCE BETWEEN BRITISH BURMAH AND THE TERRITORIES AFORE- SAID. Signed at Bangkok, September 3, 1883. [Ratifications exchanged My 7, 1884.] WHEREAS the relations of Peace, Commerce, and Friendship happily subsisting between Great Britain and Siam are regulated by a Treaty bearing date the 18th April, 1855, and a Supple- mentary Agreement dated 13th May, 1856 ; and, as regards the territories of Chiengmai, Lakon, and Lampoonchi, by a special Treaty between the Government of India and the Government of His Majesty the King of Siam, bearing date the 14th January, 1874; And whereas Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the King of Siam, Sovereign of Laos, Malays, Kareans, &c., &c., &c., with a view to the more effectual prevention of crime in the territories of Chiengmai, Lakon, and Lampoonchi, belonging to Siam, and to the promotion of commercial intercourse between British Burmah and the territories aforesaid, have agreed to abrogate the said Treaty Special concluded on the 14th January, 1874, and to substitute therefor a new Treaty, and have named their respective Plenipotentiaries for this purpose, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, William Henry Newman, Esquire, Her Majesty's Acting Agent and Consul-General in Siam: And His Majesty the King of Siam, Sovereign of Laos, Malays, Kareans, &c., his Excellency Chow Phya Bhanwongse Maha Kosa Thibodi, Grand Cross of the Most Honourable Order of the Crown of Siam, Grand Cross of the Most Noble Order of the Chula Chom Klao,Grand Officer of the Most Exalted Orderof the White Elephant, Member of the Privy Council, Minister for Foreign Arlairs ; Phya Charon Raj Maitri, Grand Officer of the Most Exalted Order of the White Elephant, Knight Commander of the Most Noble Order of the Chula Chom Klao, Member of the Privy Council, September 3, 1883.] SIAM. 781 Chief Judge of the International Court ; and Phya Thep Prachun, Grand Cross of the Most Honourable Order of the Crown of Siam, Knight Commander of the Most Noble Order of the Chula Chom Klao, Grand Officer of the Most Exalted Order of the White Elephant, Member of the Privy Council, Under-Secretary of State of the War Department. The said Plenipotentiaries, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles ;-~ AETICLE I. Abrogation of Treaty between India and. Siam of 1874. The Treaty between the Government of India and the Gov- ernment of His Majesty the King of Siam, bearing date the 14th January, 1874, shall be and is hereby abrogated. ARTICLE II. Trade of British Subjects with Chiengmai, Lakon, and Lampoonchi, and of Inhabitants of those Territories with India. The Siamese authorities in Chiengmai, Lakon, and Lampoonchi will afford due assistance and protection to British subjects carrying on trade or business in any of those territories ; and the British Government in India will afford similar assistance and protection to Siamese subjects from Chiengmai, Lakon, and Lampoonchi carrying on trade or business in British territory. ' AETICLE III. Passports. British subjects entering Chiengmai, Lakon, and Lampoonchi must provide themselves with passports from the Chief Commis- sioner of British Burmah, or such officer as he appoints in this behalf, stating their names, calling, and the weapons they carry, and description. Such passports must be renewed for each journey, and must be shown to the Siamese officers at the frontier stations, or in the interior of Chiengmai, Lakon, and Lampoonchi on demand. Persons provided with passports and not carrying any articles prohibited under the Treaty of the 18th April, 1855, or the Supplementary Agreement of the 13th May, 1856, shall be allowed to proceed on their journey without interference ; persons unprovided with passports may be turned back to the frontier but shall not be subjected to further interference. Passports may also be granted by Her Majesty's Consul- General at Bangkok and by Her Majesty's Consul or Vice-Consul- at Chiengmai, in case of the loss of the original passport or of the [530] 3 F 782 SI AM. [September 3, 1883. expiration of the term for which it may have been granted, and other analogous cases. British subjects travelling in the Siamese territory must be provided with passports from the Siamese authorities. Siamese subjects going from Chiengmai, Lakon, and Lam- poonchi into British Burmah must provide themselves with passports from the authorities of Chiengmai, Lakon, and Lampoonchi respectively, stating their name, calling, description, and the -weapons they carry. Such passports must be renewed for each journey, and must be shown to the British officer at the frontier stations or in the interior of British Burmah on demand. Persons provided with passports and not carrying any prohibited article shall be allowed to proceed on their journey without interference. Persons unprovided with passports may be turned back at the frontier, but shall not be subjected to further interference. ARTICLE IV. Payment of Prescribed Duties on Burmah-Siam Frontier. British subjects entering Siamese territory from British Burmah must, according to custom and the regulations of the country, pay the duties lawfully prescribed on goods liable to such duty. Siamese subjects entering British territory will be liable, according to the regulations of the British Government, to pay the duties lawfully prescribed on goods liable to such duty. Tables of such duties shall be published for general informa- tion. ARTICLE Y. Prevention of Murder, Robbery, Dacoity, fyc., in Chiengmai. His Majesty the King of Siam will cause the Prince of Chiengmai to establish and maintain guard stations, under proper officers, on the Siamese bank of the Salween River, which forms the boundary of Chiengmai belonging to Siam, and to maintain a sufficient police force for the prevention of murder, robbery, dacoity, and other crimes of violence. ARTICLE VI. Extradition of Criminals between Burmah and Chiengmai, Lakon, and Lampoonchi. If any persons accused or convicted of murder, robbery, dacoity, or other heinous crime in any of the territories of Chiengmai, Lakori, and Lampoonchi escape into British territory, the British authorities and police shall use their besi endeavours to appiehend them. Such persons when apprehended shall, September 3, 1883.] SIAM. 783 if Siamese subjects, or subjects of any third Power, according to the extradition law for the time being in force in British India, be delivered over to the Siamese authorities at Chiengmai ; if British subjects, they shall either be delivered over to the Siamese authorities, or shall be dealt with by the British authorities as the Chief Commissioner of British Burmah, or any officer duly authorized by him in this behalf, may decide. If any persons accused or convicted of murder, robbery, dacoity, or other heinous crime in British territory, escape into Chiengmai, Lakon, or Lampoonchi, the Siamese authorities and police shall use their best endeavours to apprehend them. Such persons when apprehended shall, if British subjects, be delivered over to the British authorities, according to the Extradition Law for the time being in force in Siam ; if Siamese subjects, or subjects of any third Power not having Treaty relations with Siam, they shall either be delivered over to the British authori- ties, or shall be dealt with by the Siamese authorities, as the latter may decide, after consultation with the Consul or Vice- Consul. AKTICLE VII. Appointment of a British Consular Officer at Chiengmai. The interests of all British subjects coming to Chiengmai, Lakon, and Lampoonchi, shall be placed under the regulations and control of a British Consul or Vice-Consul, who will be appointed to reside at Chiengmai, with power to exercise civil and criminal jurisdiction in accordance with the provisions of Article II of the Supplementary Agreement of the 13th May, 1856, subject to Article VIII of the present Treaty. AETICLE VIII. Appointment of Siamese Judges in Chiengmai, Lakon, and Lampoonchi with Civil and Criminal Jurisdiction. His Majesty the King of Siam will appoint a proper person or proper persons to be a Commissioner and Judge, or Commissioners and Judges, in Chiengmai for the purposes hereinafter mentioned. Such Judge or Judges shall, subject to the limitations and pro- visions contained in the present Treaty, exercise civil and criminal jurisdiction in all cases arising in Chiengmai, Lakon, and Lam- poonchi, between British subjects, or in which British subjects may be parties as complainants, accused, plaintiffs, or defendants, according to Siamese law : Provided always, that in all such cases the Consul or Vice-Consul shall be entitled to. be present at the trial, and to be furnished with copies of the proceedings, which, when the defendant or accused is a British subject, shall be supplied free of charge, and to make any suggestions to the Judge or Judges which he may think proper in the interests of justice : [536] 3 F 2 784 SIAM. [September 3, 1883. Provided also, that the Consul or Vice-Consul shall have power at any time, before Judgment, if he shall think proper in the interests of justice, by a written requisition under his hand, directed to the Judge or Judges, to signify his desire that any case in which both parties are British subjects, or in which the accused or defendant is a British subject, be transferred for adjudication to the British Consular Court at Chiengmai, and the case shall thereupon be transferred to such last-mentioned Court accordingly, and be disposed of by the Consul or Vice-Consul, as provided by Article H of the Supplementary Agreement of 13th May, 1856. The Consul or Vice-Consul shall have access, at all reasonable times, to any British subject who may be imprisoned under a sentence or order of the said Judge or Judges, and, if he shall think fit, may require that the prisoner be removed to the Consular prison, there to undergo the residue of his term of imprisonment. The Tariff of Court fees shall be published, and shall be equally binding on all parties concerned, whether British or Siamese, ARTICLE IX. Appeals from Chiengmai Courts in Civil and Criminal Cases to Bangkok. In civil and criminal cases in which British subjects may be parties, and which shall be tried before the said Judge or Judges, either party shall be entitled to appeal to Bangkok ; if a British subject, with the sanction and consent of the British Consul or Vice-Consul, and in other cases by leave of the presiding Judge or Judges. In all such cases a transcript of the evidence, together with a Eeport from the presiding Judge or Judges, shall be forwarded to Bangkok, and the appeal shall be disposed of there by the Siamese authorities and Her Britannic Majesty's Consul- General in con- sultation : Provided always that in all cases where the defendants or accused are Siamese subjects the final decision on appeal shall rest with the Siamese authorities ; and that in all other cases in which British subjects are parties the final decision on appeal shall rest with Her Britannic Majesty's Consul-General, Pending the result of the appeal, the Judgment of the Court at Chiengmai shall be suspended on such terms and conditions (if any) as shall be agreed upon between the said Judge or Judges and the Consul or Vice-Consul. In such cases of appeal, as above set forth, the appeal must be entered in the Court of Chiengmai within a month of the original verdict, and must be presented at Bangkok within a reasonable time, to be determined by the Court at Chiengmai, failing which the appeal will be thrown out of Court, September 3, 1883.] SIAM. 785 ARTICLE X. Production of Evidence in Civil and Criminal Cases pending in Consular and Siamese Courts by Authorities in British Burmah, Chiengmai, La/con, and Lampoonchi. The British authorities in the frontier districts of British Burinah, and the Siamese authorities in Chiengmai, LakonTand Lampoonchi, will at all times use their best endeavours to procure and furnish such evidence and witnesses as may be required for the determination of civil and criminal cases pending in the Consular and Siamese Courts at Bangkok and in Chiengmai respectively, when the importance of the affair may render it necessary. AETICLE XL Conditions for cutting, $-c., of Timber by British Subjects in Forests of Chiengmai, Lakon, and Lampoonchi. British subjects desiring to purchase, cut, or girdle timber in the forests of Chiengmai, Lakon, and Lampoonchi must enter into a written agreement for a definite period with the owner of the forest. The agreement must be executed in duplicate, each party retaining a copy, and each copy must be sealed by the British Consul or Vice-Consul and a Siamese Judge and Commissioner at Chiengmai, appointed under Article VIII of this Convention, and be countersigned by a competent local authority, and every such agreement shall be duly registered in the British Consulate and in the Siamese Court at Chiengmai. Any British subject cutting or girdling trees in a forest without the consent of the owner of the forest obtained as aforesaid, or after the expiration of the agree- ment relating to it, shall be liable to pay such compensation to the owner of the forest as the British Consular Officer at Chieng- mai shall adjudge. Transfers of agreements shall be subject to the same formalities. The charges for sealing, countersigning, and registration shall be fixed at a moderate scale, and published for general infor- mation. ARTICLE XII. Jurisdiction of Siamese Judges at Ckiengmai as to Agreements for cutting Timber. The Siamese Judges and Commissioners at Chiengmai appointed under Article VII L shall, in conjunction with the local authorities, endeavour to prevent the owners of forests from executing agree- ments with more than one party for the same timber or forests, and to prevent any person from illegally marking or effacing the marks on timber which has been lawfully cut or marked by another person, and they shall give such facilities as are in their power to the purchasers and fellers of timber to identify their property. 786 SI AM. [September 3, 1883. Should the owners of forests hinder the cutting, girdling, or remov- ing of timber under agreements duly executed in accordance with Article XI of this Convention, the Siamese Judges and Commis- sioners of Chiengmai and the local authorities shall enforce the agreement, and the owners of such forests acting as aforesaid shall be liable to pay such compensation to the persons with whom they have entered into such agreements as the Siamese Judges and Commissioners at Chiengmai shall determine, in accordance with Siamese law. AETICLE XIII. This Treaty not to affect provisions of Treaty of 1855 and Agreement of 1856. Except as and to the extent specially provided, nothing in this Treaty shall be taken to affect the provisions of the Treaty of Friendship and Commerce between Her Majesty and the Kings of Siam of the 18th April, 1855, and the Agreement supplementary thereto of the 13th May, 1856. ARTICLE XIV. English Text of this Treaty to ~be binding. This Treaty has been executed in English and Siamese, both versions having the same meaning ; but it is hereby agreed that in the event of any question arising as to the construction thereof, the English text shall be accepted as conveying its true meaning and intention. ARTICLE XV. Duration of Treaty. This Treaty shall come into operation immediately after the exchange of the ratifications thereof, and shall continue in force for seven years from that date, unless either of the two Contract- ing Parties shall give notice of their desire that it should terminate before that date. In such case, or in the event of notice not being given before the expiration of the said period of seven years, 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. The High Contracting Parties, however, reserve to themselves the power of making, by common consent, any modi- fications in these Articles which experience of their working may show to be desirable. AETICLE XVI. Ratifications. This Treaty shall be ratified, and the ratifications exchanged at Bangkok as soon as possible. September 3, 1883.] SI AM. 787 In witness whereof the respective Plenipotentiaries have signed the same in duplicate, and have affixed thereto their, respective seals. Done at Bangkok, the third day of September, in the year one thousand eight hundred and eighty-three of the Christian Era. corresponding to the second day of the waxing moon of the tenth month of the year of the Goat, one thousand two hundred- aad forty-five of the Siamese Era. (L.S.) W. H. NEWMAN. (L.S.) (Signatures of the (L.S.) Siamese Plenipo- (L.S.) tentiaries.) Annex. List of heinous crimes appended to the Treaty made between Great Britain and Siam with regard to Chiengmai, Lakon, and Lampoonchi, this 3rd day of September, 1883, in connection with the provisions of Article VI of that Treaty with regard to the extradition of offenders : Murder, Culpable homicide, Dacoity, Eobbery, Theft, Forgery, Counterfeiting coin or Government stamps. Kidnapping, Eape, Mischief by fire or by any explosive substance. (L.S.) W. H. NEWMAN. (L.S.) (Signatures of the (L.S.) Siamese Plenipo- (L.S.) tentiaries.) 788 SIAM. [Dec. 1884 Oct. 1896. No. 152. NOTES EXCHANGED BETWEEN GREAT BRITAIN AND SIAM EXTENDING THE OPERATION IN SIAM OF THE TREATY OF SEPTEMBER 3, 1883. December 1884 October 1896. Mr. Satow to Chao Phya Bhanuwongse. M. le Ministre, Bangkok, December 31, 1884 I rtAVE the honour to acquaint your Excellency that Her Majesty's Government having been acquainted with the desire of His Majesty the King of "Siam that the stipulations of the Treaty of the 3rd September, 1883, relating to the territories of Chiengmai, Lakhon, and Lampoonchi, by which among other matters it is provided that the Siamese Courts shall, in the first instance, exercise civil and criminal jurisdiction over British subjects in all cases arising in those territories, should be extended to the territories of Muang Nan and Phre, have instructed me to express to the Government of His Majesty the King their concurrence in this arrangement. The words Chiengmai, Lakhon, and Lampoonchi, in the Treaty of 1883, being thus taken to include the territories of Muang Nan and Phre, it would appear that a similar extension of meaning should be given to those words as occurring in Mr. Gould's commission. If your Excellency concurs with this view, I have the honour to request that the necessary instructions may be given to the proper authorities. I avail, &c. (Signed) E. M. SATOW. Chao Phya Bhanuwongse to Mr. Satow. Sir, Bangkok, January 10, 1885. I BEG to acknowledge the receipt of your note of the 30th ultimo, informing me that Her Britannic Majesty's Govern- ment have concurred in the arrangement that the States of Nan and Phre should be included in the meaning of the words Chiengmai, Lakhon, and Lampoonchi, in the Treaty of 1883, and you propose that a similar extension of meaning should be given to those words as occurring in the commission of the Vice- Consul appointed according to that Treaty. In reply, I have the honour to state that His Serene Majesty's Government entirely concur in your proposal, and the necessary nstructions to give effect to the arrangement in view shall accordingly be duly issued to the proper authorities. I have further the honour to request that the words Muang Nan and Phre should be inserted in the commission of any Dec. 1884 Oct. 1896.] SIAM. 789 Vice-Consul that may hereafter be appointed, in order that His Majesty's exequatur may be issued in accordance with the usual practice. I take, &c. (Signed) CHAO PHYA BHANUWONGSE. Mr. de Bunsen to Prince Devawongse. M. le Ministre, Bangkok, September 29, 1896. WHEN the Consular district of Chiengmai was enlarged by the inclusion of Muang Nan and Phre, an exchange of notes took place between his Excellency Chao Phya Bhanuwongse and Mr. E. Satow, by which it was agreed that the Treaty of September 1883, relating to Chiengmai, Lakhon, and Lampoonchi, should be extended to the added territories. The Siamese and British notes were dated respectively the 31st December, 1884, and the 10th January, 1885. The Consular district in question having since been further extended to include the additional provinces named in Mr. Archer's commission as Consul, viz. : Muang Thon, Eaheng, Sawankaloke, Sukotai, Utaradit, and Pichai, I desire to propose by this note that those additional provinces be in the same way held by the British and Siamese Governments to fall within the scope of the above-mentioned Treaty of September 1883, by which, among other matters, it is provided that a specially constituted Siamese Court shall, in the first instance, exercise civil and criminal jurisdiction, under express conditions as to Consular intervention, over British subjects concerned in civil or criminal cases. If your Eoyal Highness will inform me, by an official note in reply to this one, that you concur with the above proposal, and that the necessary instructions to give effect to it will be duly issued to the proper authorities, 1 will inform Her Majesty's Government that the arrangement has been concluded between us. I avail, &c. (Signed) M. DE BUNSEN. Prince Devawongse to Mr. de Bunsen. M. le Charge d 'Affaires, Bangkok, October 28, 1896. BY your note dated the 29th September last, you propounded to His Majesty's Government a proposal to the effect that the Provinces of Thon, Eaheng, Sawankaloke, Sukotai, Utaradit, and Pichai, should be held by the British and Siamese Governments to fall within the scope of the Treaty of September 1883, in the same way as, in 1885, the Provinces of Nan and Phre were held to be under the provisions of that Treaty, by which for one thing 790 SI AM. [Dec. 1884 Oct. 1896 it is provided that a specially constituted Siamese Court shall, in the first instance, exercise civil and criminal jurisdiction, under express conditions as to Consular intervention, over British subjects concerned in civil or criminal cases. I now take great pleasure in officially informing you that His Majesty's Government entirely concur with the proposal set forth by you in the said note, and that the necessary instructions for effecting it will be duly issued to the authorities concerned at an early date. Accept, &c. (Signed) DEVAWONGSE, Minister for Foreign A fairs. May 23, 1667.] SPAIN. 791 SPAIN. No. 153. TREATY OF PEACE AND FRIENDSHIP BETWEEN GREAT BRITAIN AND SPAIN. Signed at Madrid, May 23, 1667. ARTICLE I. Peace and Friendship. (Translation.) FIRST, it is agreed and concluded, that from this day forward there shall be, between the 2 Crowns of Great Britain and Spain, a general, good, sincere, true, firm, and perfect Amity, Confedera- tion and Peace, which shall endure for ever, and be observed in- violably, as well by land as by sea, and fresh waters ; and also between the Lands, Countries, Kingdoms, Dominions, and Terri- tories belonging unto, or under the obedience of either of them. And that their Subjects, People, and Inhabitants respectively, of what condition, degree, or quality soever, from henceforth recipro- cally, shall help, assist, and show to one another all manner of love, good offices, and friendship. ARTICLE II. Freedom of Travel and Trade. National and Most-favoured- nation Treatment. That neither of the said Kings, nor their respective People, Subjects, or Inhabitants within their dominions, upon any pre- tence, may, in public or secret, do, or procure to be done, anything against the other, in any place, by sea or land, nor in the Ports or Eivers of the one or the other, but shall treat one another with all love and friendship ; and may, by water and by land, freely and securely pass into the Confines, Countries, Lands Kingdoms, Islands, Dominions, Cities, Towns, Villages, walled or without wall, fortified or unfortified, their Havens and Ports (where hitherto trade and commerce hath been accustomed), and there trade, buy, and sell, as well of and to the Inhabitants of the re- spective places, as those of their own Nation, or any other Nation that shall be or come there. 792 SPAIN. [May 23, 1667. ARTICLE III. Injuries inflicted by Subjects of one Power on those of the other. That the said Kings of Great Britain and Spain shall take care that their respective People and Subjects from henceforward do abstain from all force, violence or wrong; and if any injury shall be done by either of the said Kings, or by the People or Subjects of either of them, to the People or Subjects of the other, against the Articles of this Alliance, or against common right, there shall not therefore be given Letters of reprisal, marque, or counter-marque, by any of the Confederates, until such time as justice is sought and followed in the ordinary course of Law. But if justice be denied or delayed, then the King, whose People or Inhabitants have received harm, shall ask it of the other, by whom (as is said) the justice shall have been denied or delayed, or of the Commissioners that shall be by the one King or the other ap- pointed to receive and hear such demands, to the end that all such differences may be compounded in friendship, or according to Law. But if there should be yet a delay, or justice should not be done, nor satisfaction given within 6 months after having the same so demanded, then may be given Letters of reprisal, marque, or counter- marque. ARTICLE IV. Freedom of Commerce and Navigation. That between the King of Great Britain, and the King of Spain, and their respective People, Subjects, and Inhabitants, as well as upon sea as upon land and fresh waters, in all and every their Kingdoms, Lands, Countries, Dominions, Confines, Terri- tories, Provinces, Islands, Plantations, Cities, Villages, Towns, Ports, Rivers, Creeks, Bays, Streights, and Currents, where hitherto trade and commerce hath been accustomed, there shall be free trade and commerce, in such way and manner, that without Safe Conduct, and without general or particular License, the People and Subjects of each other may freely, as well by land as by sea, and fresh waters, navigate and go into their said Countries, Kingdoms, Dominions, and all the Cities, Ports, Currents, Bays, Districts, and other places thereof ; and may enter into any Port with their ships laden or empty, carriage or carriages wherein to bring their merchandise, and there buy and sell what and how much they please, and also at just and reasonable rates provide themselves with provisions and other necessary things for their sub- sistence and voyage ; and also may repair their Ships and carriages and from thence again freely depart with their Ships, carriages, goods, merchandise, and estate, and return to their own Countries, or to such other places as they shall think fit, without any molesta- tion or impediment, so that they pay the Duties arid Customs which shall be due, and saving to either side the Laws and Ordi- nances of their Country. May 23, 1667.] SPAIN. 793 AETICLE Y. Export Duties in Spanish Dominions. Most -favoured-nation and National Treatment. Item, it is likewise agreed, that for the merchandises which the Subjects of the King of Great Britain shall buy in Spain, or other the Kingdoms or Dominions of the Kiug of Spain, and shall carry in their own Ships, or in Ships hired or lent unto them, no new Customs, Toll, Tenths, Subsidies, or other Eights or Duties what- soever, shall be taken or increased, other than those which, in the like case, the Natives themselves, and all other Strangers are obliged to pay ; and the Subjects aforesaid, buying, selling, and contracting for their merchandises, as well in respect of the prices, as of all duties to be paid, shall enjoy the same privileges which are allowed to the natural Subjects of Spain ; and may buy and lade their ships with such goods and merchandises ; which said ships being laden, and Customs paid for the goods, shall not be detained in Port upon any pretence whatsoever; nor shall the Laders, Merchants, or Factors who bought and loaded the goods aforesaid, be questioned after the departure of the said ships, for any matter or thing whatsoever concerning the same. ARTICLE VI. Municipal Taxes, $c. And to the end that the Officers and Ministers of all Cities, Towns, and Villages belonging to either, may neither demand nor take from the respective Merchants and People, greater Taxes, Duties, stipends, recompenses, gifts, or any other charges, than what ought to be taken by virtue of this Treaty ; and that the said Merchants and People may know and understand with cer- tainty what is ordained in all things touching this; it is agreed and concluded, that Tables and Lists shall be put up at the doors of the Custom Houses and Registries of all the Cities, Villages, and Towns of or appertaining to one or the other King where such rights and excises or customs are usually paid ; in which, how much, and of what quality, such rights, customs, subsidies, and payments, either to the Kings or any the aforesaid Officers are allowed, shall be put down in writing, declaring as well the species of what is imported, as what is carried out. And if any Officer, or any other in his name, upon any pretence whatever, in public or secret, directly or indirectly, shall ask or receive of any Merchant or other Person respectively, any sum of money or other thing, by the name cf right, due, stipend, allowance, or recompense (though it be by the way of voluntary donative) more or otherwise than aforesaid, the said Officer or his Deputy being in such manner guilty, and convicted before a competent Judge in the Country where the crime is committed, shall be put in prison for 3 months,^ and shall pay thrice the value of the thing so received ; of which 794 SPAIN. [May 23, 1667. the half shall be for the King of the Cpuntry where the crime is committed, and the other half for the Denunciator, for the which he may sue his right before any competent Judge of the Country where it shall happen. AKTICLE VII. Freedom of Commerce. That it shall be lawful for the Subjects of the King of Great Britain to bring out and carry into Spain, and all or any Lands and Dominions of the King of Spain (where heretofore they have used trade and commerce) and trade there with all kinds of mer- chandise, cloths, manufactures, and things of the Kingdom of Great Britain, and the manufactures, goods, fruits, and kinds of the Islands, Towns, and Plantations to him appertaining, and what shall have been bought by English Factors on this side, or further on the other side of the Cape of Buena Esperanto.,, without being enforced to declare to whom, or for what price they sell their said merchandise and provisions, or being molested for the errors of the Masters of the Ships, or others, in the entry of the goods ; and at their pleasure to return again out of the Dominions of the King of Spain, with all, or any goods, estates, and merchandise, to any of the Territories, Islands, Dominions, and Countries of the King of England, or to any other place, paying the rights and tributes mentioned in the antecedent Chapters ; and the rest of all their lading which is not brought to land, they may detain, keep, and carry away in their said Ship or Ships, Vessel or Vessels again, without paying any right or imposition whatsoever for it, as if therewith they had never been within any Bay or Port of the Catholic King. And all the goods, estates, merchandise, Ships, or other Vessels, with any things introduced into the Dominions or places of the Crown of Great Britain as Prizes, and judged for such in the said Dominions and places, shall be taken for goods and merchandise of Great Britain, comprehended so by the intention of this Article. AKTICLE VIII. Importation into Spanish Dominions of East Indian Products. That the Subjects and Vassals of the Most Serene King of Great Britain may bring and carry to all and singular the Dominions of the King of Spain, any fruits and commodities of the East Indies, it appearing by testimony of the Deputies of the East India Company in London, that they are of, or have come from the English Conquests, Plantations or .Factories, with like privilege, and according to what is allowed to the Subjects of the United Provinces, by the Eoyal Cedulas of Contravando, bearing date the 27th of June, and the 3rd of July, 1663, and published on the 30th of June, and 4th of July the same year. And for what May 23, 1667.] SPAIN. 795 may concern both the Indies, and any other parts whatsover, the Crown of Spain doth grant to the King of Great Britain and his Subjects, all that is granted to the United States of the Low Countries and their Subjects, in their Treaty of Munster, 1648,* point for point, in as full and ample manner as if the same were herein particularly inserted, the same rules being to be observed whereunto the Subjects of the said United States are obliged,, and mutual offices of friendship to be performed from one side to the other. AKTICLE IX. Privileges and Immunities to British Merchants in Spanish Dominions granted by Cedillas. That the Subjects of the King of Great Britain, trading, buy- ing, and selling in any of the Kingdoms, Governments, Islands, Ports, or Territories, of the said King of Spain, shall have, use, and enjoy all the privileges and immunities which the said King hath granted and confirmed to the English Merchants that reside in Andalusia, by his Eoyal Cedulas or Orders, dated the 19th day of March, the 26th day of June, and the 9th day of November, 1645. His Catholic Majesty by these Presents re-confirming the same as a part of this Treaty between the 2 Crowns. And to the end that it be manifest to all, it is consented, that the said Schedules (as to the whole substance thereof), be passed and trans- ferred to the body of the present Articles, in the name and favour of all and singular the Subjects of the King of Great Britain, residing and trading in any places whatsoever within His Catholic Majesty's Dominions, ARTICLE X. Vessels. Search by Customs Officers. That the Ships, or any other Vessels that shall belong to the King of Great Britain, or his Subjects, navigating into the King of Spain's Dominions, or any of his Ports, shall not be visited by the Judges of Contraband, or by any other Officer or Person, by his own, or by any other authority; nor shall any Soldiers, Anried Men, or other Officers or Persons, be put on board any of the said Ships or Vessels ; nor shall the officers of the Custom House of the one or the other Party, search in any Vessels or Ships belong- ing to the People of the one or the other, which shall enter into their Regions, Dominions, or respective Ports, until their said Ships or Vessels are unladen, or until they have carried on shore all the lading and merchandise which they declare they resolve to dis- embark in the said Port ; nor shall the Captain, Master, or any other of the Company of the said Ships be imprisoned, or they or their Boats detained on shore ; but in the interim, Officers of the Custom House may be put on board the said Vessels or Ships, so * See p. 807. 796 SPAIN. [May 23, 1667. they exceed riot the number of 3 for each Ship, to see that no goods or merchandise be landed out of the said Ships or Vessels, without paying such Duties as by these Articles either Party is obliged to pay : which said Officers are to be without any charge to the Ship or Ships, Vessel or Vessels, their Commanders, Mariners, Company, Merchants, Factors, or Proprietors. And when it happens that the Master or Owner of any Ship shall declare the whole lading of his said Ship is to be discharged in any Port, the entry of the said lading shall be made in the Custom House after the usual manner ; and if, after the entry made, any other goods be found in the said Ship or Ships, more than what are contained in the said entry, 8 working days shall be allowed them on which they may work (which shall be reckoned from the day they began to unlade) to the end that the concealed goods may be entered, and the confiscation of them prevented : and in case that, in the time limited, the entry or manifestation of them shall not have been made, then such particular goods only, which shall be found, as aforesaid, though the unlading be not finished, shall be confiscated, and not any other other ; nor shall other trouble be given, or punishment inflicted on the Merchant or Owner of the Ship ; and when the Ships or Vessels are reladen, they may have freedom to go out again. ARTICLE XI. Freedom of Navigation. That the Ship or Ships appertaining to the one or the other King, or to their respective People and Subjects, that shall enter into any Ports, Lands, or Dominions of the one or the other, and shall discharge any part of their goods and merchandises in any Port or Haven, being consigned with the rest to other places within or without the said Dominions, shall not be obliged to register or pay the rights of any other goods or merchandise, than of that which they shall unlade in the said Port or Haven, nor be constrained to give bond for the goods they shall carry to other places, nor any other security if it be not in case of felony, debt, treason, or other capital crime. ARTICLE XII. Drawbacks. Whereas the one moiety of the Custom of all foreign goods and merchandifes imported into England, is allowed and returned back to the Importer, if the said goods be exported out of the said Kingdom within 12 months after the first landing, upon oath made that they are the same goods which paid Custom inwards, and that if they be nob reshipped within the said 12 months, yet they may at all times be exported without paying any Custom or Duty outwards : it is therefore agreed that if any the Subjects of the May 23, 1G67.] SPAIN. 797 King of Great Britain shall hereafter land any goods or mer- chandise, of what growth or nature soever they be, in any of the Ports of His Catholic Majesty, and having entered them, and paid the Custom which by this Treaty ought to be paid, and shall afterwards desire to transport them, or any part of them, to any other place whatsoever, for a better market, it shall and may be lawful for him or them so to do freely, without paying or being demanded any other Custom or Duty at all for the same, he or they making oath, if required thereunto, that they are the same goods for which Custom was paid at their landing : and in case that the Subjects, People, and Inhabitants of the Dominions of either Party shall unlade or have in any City, Town, or Village respectively, any goods, merchandises, fruits, or estates, and have paid the Customs due, according to what hath been declared, and after that, not being able to put them off, shall resolve to remit them to some other City, Town, or Village of the said Dominions, they may not only do it without difficulty or impediment, and without paying other rights than what were due at their entry, but likewise the Custom or rights shall not be paid again in any other part of the said Dominions, bringing Certificates from the Officers of the Custom House that they were paid before in the due form. And the chief Farmers and Commissioners of the King of Spain's Hents in all places or some other Officer or Officers to be appointed for that purpose, shall at all times permit and suffer the transportation of all such goods and merchandises from place to place, and give sufficient Certificate to the Owners thereof, or their Assigns, of their having paid their Custom at their first land- ing, whereby they may be carried to, and landed at any other Port or place of the said jurisdiction, free from all Duties or Impediments whatsoever, as aforesaid, saving always the right of any third Person. ARTICLE XIII. Vessels in Distress. That it shall be lawful for the Ships belonging to the Subjects of the one or the other King, to anchor in the Eoads or Bays of either, without being constrained to enter into Port; and in case they be necessitated to enter thereinto, either by distress of weather, fear of Enemies, Pirates, or any other accident, in case the said Ships be not bound to an Enemy's Port, and carrying thither Contra- band goods (whereof, without some clear proof/they shall not be questioned) it shall be lawful for the said Subjects to return DO sea freely, when they please, with their Ships and goods, so as they do not break bulk, or expose anything to sale ; arid that when they cast anchor, or enter the Ports aforesaid, they be not molested or visited ; and it shall suffice, that, in this case, they show their Pass- ports or Sea-papers, which, being seen by the respective Officers of either King, the said Ships shall return freely to sea without any molestation. [536] 3 a 798 SPAIN*. [May 23, 1667. ARTICLE XIV. Examination of Vessels' Papers l>y Vessels of War. Passports. And if any Ship or Ships belonging to the Subjects and Mer- chants of the one or the other, entering into Bays, or in the open Sea, shall be encountered by the Ships of the said Kings, or of Privateers, their subjects, the said Ships, to prevent all disorders, shall not come within cannon-shot, but shall send their Long-boat, or Pinnace, to the Merchant-Ship, and only 2 or 3 men on board, to whom the Master or Owner shall show his Passports and Sea- letters, according to the form which shall be inserted at the end of this Treaty, whereby, not only the Ship's lading, but the place to which she belongs, and as well the Master and Owner's name, as the name of the Ship may appear ; by which means the quality of the Ship, and her Master or Owner, will be sufficiently known, as also the commodities she carries, whether they be Contraband or not to the which Passports and Sea-letters entire faith and credit shall be given, so much the rather for that, as well on the part of the King of England as of the King of Spain, some countersigns shall be given (if it shall be found necessary), whereby their authenticity may the better appear, and that they may not be in any wise falsified. ARTICLE XV. Export of Prohibited Articles. If any prohibited merchandise or goods shall be exported from the Kingdoms, Dominions, and Territories of either of the said Kings, by the respective People or Subjects of the one or the other, in such case the prohibited goods only shall be confiscated and not the other goods ; neither shall the Delinquent incur any other punishment, except the said Delinquent shall carry out from the respective Kingdoms or Dominions of the King of Great Britain, the proper coin, wool, or fullers'- earth of the said King- doms ; or shall carry out of the respective Kingdoms or Dominions of the said King of Spain any gold or silver, wrought or unwrought ; in either of which cases the Laws of the respective Countries are to take place. ARTICLE XVI. Access to Ports l>y Vessels of War and Merchant- Vessels. That it shall be lawful for the People and Subjects of both Kings to have access to the respective Ports of the one and the other, and there remain and depart again with the same freedom, not only with their Ships and other Vessels for trade and com- merce, but also with their other Ships fitted for War, armed and disposed to resist and engage the Enemy, and arriving by stress of weather to repair their Ships, or furnish themselves with pro- visions; so that, entering willingly, they be not so numerous that- May 23, 1667.] SPAlK. 799 they give just occasion for suspicion, to which end they are not to exceed the number of 8, nor continue in their Havens, nor about their Ports, longer time than they shall have just cause, for the repair of their Ships, to take in provisions, or other necessary things, much less be the occasion of interrupting the free commerce and corning in of other Ships of Nations in amity with either King ; and when an unusual number of Men-of-War, by accident, shall come into any Port, it shall not be lawful for them to conic into the said Ports or Havens, not having first obtained permission of the King unto whom the said Ports do belong, or the Governors of the said Ports, if they be not forced thereinto by stress of weather, or other necessity, to avoid the danger of the sea ; and in such case they shall presently acquaint the Governor or Chief Magistrate of the place with the cause of their coming ; nor shall they remain there any longer time than the said Governor or Magistrate shall think convenient, or do any act of hostility in such Ports that may prove of prejudice to the one or the other of the said Kings. AETICLE XVII. Immunity of Persons and Goods. That neither the said King of Great Britain, nor the King of Spain, by any mandate general nor particular, nor for any cause whatsoever, shall embark or detain, hinder or take for his respec- tive service, any Merchant, Master of a Ship, Pilot or Mariner, their Ships, merchandise, cloths, or other goods belonging unto the one or the other, in their Ports or Waters, if it be not that either of the said Kings, or the Persons to whom the Ships belong, be first advertised thereof, and do agree thereunto ; provided, that this shall riot be construed to hinder or interrupt the ordinary course of justice and law in either Country. ARTICLE XVIII. Merchants, Mariners, fyc., of either Nation may carry Defensive Arms in the Ports of the other. That the Merchants and Subjects of the one and the other King, their Factors and Servants, as also their Ships, Masters, or Mariners, may, as well going as coming, upon sea and other waters, as in the Havens and Ports of the one and the other respectively, carry and use all kinds of arms, defensive and offensive, without being obliged to register them, as also upon land to carry and use them for their defence, according to the custom of the place. ARTICLE XIX. Disputes between Masters and Seamen to be settled ly Consuls. That the Captains, Officers, and Mariners of the Ships belonging to the People and Subjects of either Party, may not' [536] 3 G 2 800 SPAIN. [May 23, 1667. commence an action, nor hinder or bring trouble upon their own Ships, their Captains, Officers, or Mariners, in the respective Kingdoms, Dominions, Lands, Countries or Places of the other, for their wages or salaries, or under any other pretence. Nor may they put themselves, or be received, by what pretext or colour soever, into the service or protection of the King of England, or King of Spain, or their Arms ; but it' any controversy happen between Merchants and Masters of Ships, or between Masters and Mariners, the composing thereof shall be left to the Consul of the Nation, but after such manner as he who shall not submit to the arbitrement, may appeal to the ordinary Justice of the place where he is Subject. ARTICLE XX. Importation of Cloth into the Low Countries. And to the end that all impediments be taken away, and that the Merchants and Adventurers of the Kingdoms of Great Britain be permitted to return to Brabant, Flanders, and other the Provinces of the Low Countries, under the jurisdiction of the King of Spain ; forasmuch as it hath been thought convenient, that all and any the Laws, Edicts, and Acts, by which the importation of cloth, or any cloth, or any other woollen manufacture, of what kind soever, dyed or undyed, milled or unmilled, into Flanders, or the other Provinces, hath been prohibited, be revoked and disannulled ; and that if any Right, Tribute, Imposition, Charge or Money hath been, with permission, or otherwise, put upon cloths, or any of the aforesaid woollen manufactures so imported (except the ancient tribute upon every piece of cloth, and proportionably upon every other woollen manufacture, agreeably to the ancient Treaties and Agreements between the then Kings of England, and the Dukes of Burgundy, and Governors of the Low Countries), the same should be altogether void, and no such Tribute or Imposition from henceforth imposed or put upon the said cloths or manufactures, for any cause or pretext whatsoever ; and that all the English Merchants, trading in any of the said Provinces, their Factors, Servants, or Commissioners, should enjoy from henceforward all the privileges, exemptions, immunities and benefits, which formerly have been agreed and given by the aforesaid ancient Treaties arid Agree- ments, between the then Kings of England and the Dukes of Burgundy, arid Governors of the Low Countries : it is therefore agreed, that Deputies shall be named by the King of Great Britain, who, meeting with the Marquis of Castel Rodrigo, or the Governor of those Provinces for the time being, or any other Ministers of the King of Spain, sufficiently authorized in this behalf, shall friendly treat and conclude hereupon ; and also such further privileges, immunities, and necessary exemption, suitable to the present state of affairs, shall be granted for the encourage- ment of the said Merchants and Adventurers, and for the security of their trade and commerce, as shall be agreed upon in a special May 23, 1667.] SPAIN, 801 Treaty, that shall be made between both the Kings, touching this particular. ARTICLE XXL Free Intercourse with Countries at Peace with either Power. The Subjects and Inhabitants of the Kingdoms and Dominions of the Most Serene Kings of Great Britain and Spain respectively, shall with all security and liberty sail to and traffic in all the Kingdoms, Estates, or Countries, which are or shall be in Peace, Amity, or Neutrality, with, the one or the other. AETICLE XXII. Free Intercourse of Subjects of one Power with Enemies of the other. And they shall not be disturbed or disquieted in that liberty by the Ships or Subjects of the said Kings respectively, by reason of the hostilities which are or may be hereafter between either of the said Kings, and the aforesaid Kingdoms, Countries and States, or any of them, which shall be in friendship or neutrality with the other. AETICLE XXIII. Seizure of Contraband of War. And in case that within the said Ships respectively be found by the abovesaid means, any merchandise hereunder mentioned, being of contraband and prohibited, they shall be taken out and confiscated, before the Admiralty or other competent Judges ; but for this reason the Ship, and the other free and allowed commodities which shall be found therein, shall in no wise be either seized or confiscated. AETICLE XXIV. Definition of Contraband of War. Moreover, for better prevention of the differences which might arise touching the meaning of forbidden merchandise and of contraband ; it is declared and agreed, that under this name shall be comprehended all fire-arms, as ordnance, musquets, mortar -pieces, petards, bombs, granadoes, fire--crancels, fire-balls, musquet-rests, bandeliers, gunpowder, match, salt-petre, and bullets; likewise under the name of forbidden merchandise, are understood all other arms, as pikes, swords, pots, helmets, backs and breasts, halberds, javelins, and such like armour ; under this name is likewise forbidden the transportation of Soldiers, horses, their harnesses, cases of pistols, holsters, belts, and other furniture, formed and composed for the use of War. 802 SPAIN. [May 23, 1667. AETICLE XXV. Articles not deemed to be Contraband of War. Likewise, to prevent all manner of dispute and contention, it is agreed, that under the name of forbidden merchandise and of con- traband, shall not be comprehended wheat, rye, barley, or other grains, or pulse, salt, wine, oil, and generally whatsoever belongs to the sustaining and nourishing of life, but they shall remain free, as likewise all other merchandises not comprehended in the pre- ceding Article ; and the transportation of them shall be free and permitted, although it be to the Towns and places of Enemies, unless such Towns and places be besieged and blocked up, or surrounded. AETICLE XXVI. Goods of one Power not Contraband of War found on Vessels of the Enemies of the other to be liable to confiscation. It is also agreed, that whatsoever shall be found laden by the Subjects or Inhabitants of the Kingdoms and Dominions of either of the said Kings of England and Spain aboard the Ships of the Enemies of the other, though it be not forbidden merchandise, shall be confiscated, with all things else which shall be found within the said Ships, without exception or reserve. AETICLE XXVII. Privileges of Consuls. Most-favoured-nation Treatment. That the Consul which hereafter shall reside in any of the Dominions of the King of Spain, for the help and protection of the Subjects of the King of Great Britain, shall be named by the King of Great Britain, and he so named shall have and exercise the same power and authority in the execution of his charge, as any other Consul hath formerly had in the Dominions of the said King of Spain ; and in like manner the Spanish Consul residing in England, shall enjoy as much authority as the Consuls of any other Nation have hitherto enjoyed in that Kingdom. AETICLE XXVIII. Liberty of Conscience. And that the Laws of commerce that are obtained by Peace may not remain unfruitful, as would fall out if the Subjects of the King of Great Britain, when they go to, come from, or remain in the Dominions or Lordships of the King of Spain, by reason of their commerce or other business, should be molested for case of conscience ; therefore that the commerce be secure, and without danger, as well upon land as at sea, the said King of Spain shall May 23, 1667.] SPAIN. 8'03 provide, that the Subjects of the said King of Great Britain shall not be aggrieved contrary to the Laws of commerce, and that none of them shall be molested or disturbed for their conscience, so long as they give no public scandal or offence ; and the said King of Great Britain shall likewise provide, for the same reasons, that the Subjects of the King of Spain shall not be molested or dis- turbed for their conscience against the Laws of commerce, so long as they give no public scandal or offence. AETICLE XXIX. Payment for Goods sold. That the People and Subjects respectively of one Kingdom, in the Dominions, Territories, Eegions, or Colonies of the other, shall not be compelled to sell their merchandise for brass-metal coin, or exchange them for other coin or things, against their will ; or having sold them, to receive the payment in other species than what they bargained for, notwithstanding any Law or other Custom contrary to this Article. AETICLE XXX. Freedom of Residence. That the Merchants of both Nations, and their Factors, Ser- vants, and Families, Commissioners, or others by them employed ; as also Masters of Ships, Pilots, and Mariners, may remain freely and securely in the said Dominions, Kingdoms, and Territories of either of the said Kings, and also in their Ports and Eivers ; and the People and Subjects of the one King may have, and with all free- dom and security enjoy, in all the Lands and Dominions whatso- ever of the other, their proper houses to live in, their warehouses and magazines for their goods and merchandise, which they shall possess during the time for which they shall have taken, hired and agreed for them, without any impediment. AETICLE XXXI. Non-interference with Books, Accounts and Papers. Most-favoured- nation Treatment. The Inhabitants and Subjects of the said Confederate Kings, in all the lands and places under the obedience of the one or the other, shall use and employ those Advocates, Proctors, Scriveners, Agents, and Solicitors, whom they think fit, the which shall be left to their choice, and consented to by the ordinary Judges, as often as there shall be occasion ; and they shall not be constrained to show their books and papers of account to any Person, if it be not to give evidence for the avoiding law-suits and controversies ; neither shall they be embarked, detained or taken out of their 804 SPAIN. [May 2^,1667. hands, upon any pretence whatsoever. And it shall be permitted to the People and Subjects of either King, in the respective places where they shall reside, to keep their books of account, traffic and correspondence in what language they please, in English, Spanish, Dutch, or any other, the which shall not be molested, or subject to any inquisition. And whatsoever else hath been granted by either Party, concerning this particular, to any other Nation, shall be understood likewise to be granted here. ARTICLE XXXII. Seizure or Sequestration of Estates ~by Tribunals, That in case the estate of any Person or Persons shall be sequestered or seized on by any Court of Justice or Tribunal whatsoever, within the Kingdoms and Dominions of either Party, and any estate or debt happen to lie in the hands of the delinquents belonging bond fide to the People and Subjects of the other, the said estate or debts shall not be confiscated by any of the said Tribunals, but shall be restored to the true Owners in specie, if they yet remain, and if not, the value of them (according to the Contract and Agreement which was made between the Parties) shall be restored within 3 months after the said sequestration. ARTICLE XXXIII. Goods and Estates of Deceased Persons. . That the goods and estates of the People and Subjects of the one King, that shall die in the Countries, Lands, and Domi- nions of the other, shall be preserved for the lawful Heirs and Successors of the Deceased ; the right of any 3rd Person always reserved. ARTICLE XXXIV. Intestate Estates. That the goods and estates of the Subjects of the King of Great Britain, that shall die without making a Will in the Dominions of the King of Spain, shall be put into Inventory, with their papers, writings, and books of account, by the Consul or other public Minister of the King of Great Britain, and deposited in the hands of 2 or 3 Merchants, that shall be named by the said Consul or public Minister, to be kept for the Proprietors and Creditors ; and neither the Crusada, or any other Judicatory whatsoever, shall intermeddle therein ; which also in the like case shall be observed in England towards the Subjects of the King of Spain. May 23, 1667.] SPAIN. 805 ARTICLE XXXV. Cemeteries for British Subjects in Spanish Dominions. That a decent and convenient Burial-place shall be granted and appointed to bury the bodies of the Subjects of the King of Great Britain, who shall die within the Dominions of the King of Spain. ARTICLE XXXVI. Rupture of Friendly Relations. Position of Persons and Property. If it shall happen hereafter that any difference fall out (which God forbid) between the King of Great Britain and the King of Spain, whereby the mutual commerce and good corre- spondence may be endangered, the respective Subjects and People of each Party shall have notice thereof given them in time, that is to say, the space of six months, to transport their merchandise and effects, without giving them in that time any molestation or trouble, or retaining or embarking their goods or persons. ARTICLE XXXVII. Goods, fyc., not Legally Condemned at Time of Concluding this Treaty to Remain at Disposal of their Owners, $c. All goods and rights concealed or embayed, moveables, immoveables, rents, deeds, debts, credits, and the like, which have not, with a formal notice of the cause, and by a legal condemna- tion, according to the ordinary justice, been brought into the Royal Exchequer at the time of concluding this Treaty, shall remain at the full and free disposal of the Proprietors, their Heirs, or of those who shall have their right, with all the fruits, rents, and emoluments thereof, and neither those who have concealed the said goods, nor their Heirs, shall be molested for this cause by the Exchequers respectively ; but the Proprietors, their Heirs, or those who shall have their right, shall have for the said goods and rights their action at Law, as for their own proper goods and estate. ARTICLE XXXVIII. General Most-favoured-nation Treatment. It is agreed and concluded, that the People and Subjects of the King of Great Britain, and of the King of Spain, shall have and enjoy in the respective Lands, Seas, Ports, Havens, Roads, and Territories, of the one or the other, and in all places whatso- ever, the same privileges, securities, liberties, and immunities whether they concern their persons or trade, with all the 806 SPAIN. [May 23, 1667. beneficial clauses and circumstances which have been granted, or shall be hereafter granted, by either of the said Kings, to the Most Christian King, the States General of the United Provinces, the Hans Towns, or any other Kingdom or State whatsoever, in as full, ample, and beneficial manner, as if the same were particularly mentioned and inserted in this Treaty. AETICLE XXXIX. Disputes as to Interpretation of Treaty. In case any difference or dispute shall happen on either side concerning these Articles of trade and commerce, by either of the Officers of the Admiralty or other Person whatsoever, in the one or the other Kingdom, the complaint being presented by the Party concerned, to Their Majesties, or to any of their Council, Their said Majesties shall cause the damages forthwith to be repaired, and all things, as they are above agreed, to be duly executed ; and in case that in progress of time any frauds or inconveniences be discovered in the navigation and commerce between both Kingdoms, against which sufficient prevention hath not been made in these Articles, other provisions may be hereafter mutually agreed on, as shall be judged convenient, the present Treaty remaining still in full force and vigour. AETICLE XL. Enforcement of Provisions of Treaty. Ratifications. It is likewise accorded and concluded, that the Most Serene and Renowned Kings of Great Britain and Spain shall sincerely and faithfully observe and keep, and procure to be observed and kept by their Subjects and Inhabitants respectively, all and singular the Capitulations in this present Treaty agreed and con- cluded, neither shall they directly or indirectly infringe the same, or consent that the same shall be infringed by any of their Subjects or Inhabitants. And they shall ratify and confirm all and singular the Conventions before accorded by Letter Patents reciprocally, in sufficient, full, and effectual form, and the same so formed and made, shall interchangeably deliver, or cause to be delivered faithfully and really, within 4 months after the date of these Presents ; and they shall then, as soon as con- veniently may be, cause this present Treaty of Peace and Amity to be published in all places, and in the manner accustomed. In witness whereof, we, the above-mentioned Ambassador Extraordinary of the Most Serene King of Great Britain, and the Commissaries of the Most Serene King and Queen of Spain, have put our Seals to this present Treaty, subscribed with our own hands at Madrid, the ifd day of May, in the year 1667. (L.S.) SANDWICH. (L.S.) J. EBERARDO NIDARDO. (L.S.) DUG DE ST. LUCAR, &c. (L.S.) CONDE DE PENARANDA. May 23, 1667.] SPAIN. 807 PASSPORT, referred to in Article XIV. Form of Letters which ought to be given by the Towns and Sea-Ports to the Ships and Vessels setting mil from thence. To all unto whom these Presents shall come : We, the Governors, Consuls, or Chief Magistrate, or Commissioners of the Customs, of the City, Town, or Province of 1ST., do testify and make known, that N". 1ST., Master of the Ship N. } hath before us, under solemn oath, declared, that the Ship N. of tons (more or less) of which he is at present Master, doth belong to the Inhabitants of K, in the Dominions of the Most Serene King of Great Britain. And we, desiring that the said Master may be assisted in his voyage and business, do entreat all Persons in general and particular, who shall meet him, and those of all places where the said Master shall come with the said Ship and her merchandise, that they would admit him favourably, treat him kindly, and receive the said Ship into their Ports, Bays, Havens, Rivers, and Dominions, permitting her quietly to sail, pass, frequent, and negotiate there, or in any other places, as shall seem good to the said Master, paying still the Toll and Customs which of right shall be due. Which we will acknow- ledge gratefully upon the like occasions. In witness whereof we have signed these Presents, and sealed them with the Seal of our Town. (L.S.) WILLIAM GODOLPHIK (L.S) DON PEDRO FERNANDEZ DEL CAMPO Y ANGULO. Annex 1. TREATY REFERRED TO IN THE VIIlTir ARTICLE OF THE PRECEDING TREATY BETWEEN GREAT BRITAIN AND SPAIN, OF THE 23RD MAY, 1667. Treaty of Peace between Spain and the United Provinces of the Low Countries. Made at Munster, the 30th of January, 1648. (Translation.) (Extract.) Art. IV. And the Subjects and Inhabitants of the Countries of the said Lords, the King of Spain and the States, shall entertain all good correspondence among themselves, without showing any resentment of the offences and damages they may have sustained heretofore ; they may likewise remain in and frequent one another's Countries, and there exercise their traffic and commerce in all safety, as well by sea and fresh waters, as by land. V. The navigation and trade to the East and West Indies shall be kept up according and conformably to the Grants made or to be made for that effect, for the security whereof the present Treaty shall serve, and the Ratification thereof on both sides, which shall be obtained : rind in the said Treaty shall be comprehended all Potentates, Nations, and People, with whom the said Lords, the States, or Members of the East and West India 808 SPAIX. IMay 23. 1667. Companies in their name, within the limits of their said Grants, are in friendship and alliance. And both the aforesaid Lord, the King and the States respectively, shall continue in possession of such Lordships, Cities, Castles, Towns, Fortresses. Countries and commerce, in the East and West Indies, as also in Brazil, upon the coasts of Asia. Africa, and America, respectively, as the said L ::>;>, the King and the States respectively, hold and Muprehending therein particularly the Places and Forts which the Portuguese have taken from the Lords and States since the year 1641, as also th^ Fort*: and Places which the said Lords and States shall chance to acquire and possess after this, without infraction of the present Treaty. And the Directors of the East and West India Companies of the United Prov :-:so the Servants and Officers high and low, the Soldiers and Seamen actually in the service of either of the said Companies, or such as have been in their service, as also such who in this Country, or within the District of the said two Companies, continue yet out of the service, but who may be employed afterwards, shall be and remain to be free and unmolested in all the Countries under the obedience of the said Lord the King in Europe, and may sail, traffic, and resort, like all the other Inhabitants of the Countries of the said Lords and States. Moreover. it has been agreed and stipulated, that the Spaniards shall keep their navigation to the East Indies in the same manner they hold it at present, without being at liberty to go further, and the Inhabitants of these L >w Countries shall not frequent the places which the Castilians have in the East Indies. TL And as to the West Indies, the Subjects and Inhabitants of the Kingdoms, Provinces, and Lands of the said Lords, the King and States respectively, shall forbear sailing to, and trading in any of the Harbours, Plae Lodgme::-- :id all others possessed by the one or the other Party, viz., the Subjects of the said Lord the King shall not sail to or trade in those held and possessed by the said Lords and Slates, nor the Subjects of the said Lords and States sail to or trade in those held and possessed by the said Lord the King. And among the places held by the said Lords tl. -hall be comprehended the places in Brazil, which the Portuguese took out of the hands of the States, and have been in possession of ever since the year 1641, as also all the other places which they possess at present, so long as they shall continue in the hands of the said Portuguese, anything contained in the preceding Article notwith- standing. VIII. The Subjects and Inhabitants of the Countries of the aforesaid Lords, the King and tl 8 tea, trading to one another's Countries, shall not be obliged to pay greater Duties and Imposts than the respective Subjects, Natives of the Countries ; so that the Inhabitants and Subjects of the United Low Countries shall be and remain to be exempted from certain "Duties of 20 per cent,, or from such lesser, greater, or any other Duty as the said Lord the King has raised and imposed during the 12 years' truce, or should endeavour or be inclined to raise or impose afterwards, directly or indirectly, upon the Inhabitants and Subjects of the United Low Countries, or lay upon them over and above what he does upon his own Subje TX. The said Lords, the King and States, shall not raise, without their respective limits, any Duties or Gables fur entry, parting, or any other account, upon the commodities in their carriage, either by land or water. X. The Subjects of the said Lords, the King and the States, shall respectively in one another's Countries enjoy the ancient privilege of the Customs, whereof they have been in peaceable possession before the commencement of the War. XI. - -nversation, and commerce among the respective Subjects shall uot be hindered, and if any hindrances or impediments happen, they chall be really and effectually removed. XIII. The white boiled salt coming from the United Provinces into those of His said Majesty, shall be there received and admitted, without being char. .igher Duties than bay-salt, and tl : the Province His said Majesty shall likewise be admitted and received in those of the said May 23, 1667.] SPAIN. 809 Lords and States, and shall there be sold, without being charged with a .higher Duty than the salt of the said Lords the States. XVII. The Subjects and Inhabitants of the Countries of the said Lords and States shall also have the same security and freedom in the Countries of the said Lord the King that has been granted to the Subjects of the King of Great Britain by the last Treaty of Peace and Secret Articles made with the Constable of Castile. XVII L. The said Lord the King shall make, on the first opportunity, all necessary provision, that honourable places may be appointed fur .Iho interment of the bodies of such Subjects of the Lords the States as shall happen to die in any place under the obedience of the said Lord the King. XIX. The Subjects and Inhabitants of the Countries of the said Lord the King coming into the Countries and Lands of the said Lords the States shall be obliged, with regard to the public exercise of religion, to govern and behave themselves with all modesty, without giving any scandal in word or deed, or uttering any blasphemies ; and the same shall be done and observed by the Subjects and Inhabitants of the Countries of the said Lords the States coming into the Lands of the said Lord the King. XX. The Merchants, Masters of Ships, Pilots, Seamen, their Ships, merchandises, commodities, and other goods belonging to them, may not be seized and arrested, either by virtue of any general or particular Com- mission, or for any other cause whatsoever, nor upon the account of War or otherwise, nor even under pretext of employing them for the preservation and defence of the Country. However, we do not here mean to comprehend the Seizures and Arrests of justice in the ordinary methods upon account of debts, proper obligations and valid contracts of those upon whom such Seizures shall have been made ; in which case Actions and Suits shall be carried on according to right and 'reason. XXI. Certain Judges shall be appointed on both sides in equal number, in form of the Charnbre Mipartie, who shall sit in the Low Countries, and in such other places as shall be found convenient and proper, and that everywhere, sometimes under the obedience of the one, and sometimes of the other, according as shall be agreed 'by mutual consent ; which Judges appointed on both sides shall (conformably to the commission and instruction that shall be given them, and upon which they shall make oath according to a certain form to be settled on both sides for that effect) have regard to the negotiations of the Inhabitants of the said Provinces of the Low Countries, and to the burdens and duties which of both sides shall be laid upon merchandises ; and if the said Judges perceive that any excesses are com- mitted on either side, or of both sides, they shall regulate and moderate the said excesses. Moreover, the said Judges shall examine into disputes touching a failure in the execution of the Treaty, and the contraventions thereof, which from time to time may happen in the Countries on this side, as also in the distant Kingdoms, Countries, Provinces, and Islands of Europe, and shall summarily and fully determine therein, and decide as they see agreeable and conform- able to the Treaty : the Sentences and Determinations of which Judges shall be executed by the ordinary Judges of the place where contravention shall have been committed upon the persons of the Contraveners, according as occasion and circumstances shall require ; nor must the said ordinary Judges neglect to do the said execution, or suffer it to be neglected, but repair the contraventions within the space of 6 months after they the said ordinary Judges shall have been hereto required. XXII. And if any Sentences or Judgments should pass upon the person of any of either Party, whether in a civil or criminal matter, they must not be put in execution against the persons of the condemned, nor against their goods. Nor shall any Letters of mark or reprisal be granted, but upon cognizances of the cause, and in cases allowed by the Imperial Laws and Constitutions according to the order by them established. XXIII. It shall not be lawful to come ashore, enter, or stop at the Ports, Harbours, Shallows, or Roads of one another, with Men-of-War and Soldiers, in such number as may cause suspicion, without the leave and 810 SPAIN. [May 23, 1667. permission of him to whom the said Ports and Harbours, Shallows, and Roads belong, unless they are forced in by storm, or obliged thereto through necessity, or to avoid the dangers of the sea. XXX. The Subjects and Inhabitants of the United Low Countries may, everywhere in the Lands under the obedience of the said Lord the King, employ such Advocates, Procurators, Notaries, Solicitors and Agents as they shall think proper, whereto they shall be appointed by the ordinary Judges when it shall be needful, and the said Judges shall be required. And, on the other hand, the Inhabitants and Subjects of the said Lord the King coming into the Countries of the said Lords the States shall have the same assistance. LXIL The Subjects and Inhabitants of the Countries of the said Lord the King and the States, of whatever quality or condition they be, are declared capable of succeeding to one another, as well without as with a Will, according to the customs of the places ; and if any successions of legacies have formerly fallen to any of them, they shall be maintained and preserved in their right thereto. LXXV. And to the end that the present Treaty may be the better observed, the said Lord the King and the States respectively promise to use their endeavours, and employ their power, each in his place, to render the passages free, and the Seas and Rivers navigable and secure from all incursions of Pirates, Corsairs, and Robbers ; and, if they can catch them, to chastise them with rigour. Done at Munster, in Westphalia, 30th January, 1648. Annex 2. A PARTICULAR ARTICLE CONCERNING NAVIGATION AND COMMERCE. Concluded at Munster, the 4th day of February, 1648. The Subjects and Inhabitants of the United Provinces may sail and trade with all freedom and safety in all the Kingdoms, States, and Countries which are or shall be in amity or neutrality with the States of the United Provinces ; and they may not be disquieted or molested in their navigation and traffic aforesaid upon the account of hostilities which happen, or may happen afterwards, between the said Lord the King of Spain and the aforesaid Kingdoms, Countries, States, or any of them that may be in amity or neutrality with the said Lords the States as above ; yet without permission to carry to the declared Enemies of the said Lord the King, prohibited or contraband goods or merchandises. And in order to prevent this, and that the course of commerce may not be interrupted, they shall be obliged, when they enter into any Harbours of the said Lord the King with a design to go from thence to the Harbours of the Enemy, to show their Passports, containing the particulars of their' loading, attested and marked with the ordinary mark, and approved by the Officers of the Admiralty of that quarter from whence they part ; but they must not over and above be visited or searched, and far less detained under any pretext whatsoever ; as also when they are in the open sea, or come into any roads, without designing to enter into Harbours, or break their bulk, they shall not be obliged to give any account of their lading. But it must be observed, that the Lords the States shall expressly forbid all their Subjects to carry any prohibited or contraband merchandises to the Enemies of the said King ; and they shall give Countermarks, in order the better to know the validity of the said Passports of the Admiralty, that so they may not be falsified ; provided always that the navigation and commerce of the Subjects of the United Provinces with France may May 23, 1667.] SPAIN. 811 reciprocally continue as formerly on condition they do not carry into France merchandises coming from the States of the said King of Spain that may be employed against him and his States. And in case there be found in the said Ships such goods, merchandises, or commodities as are declared prohibited and contraband shall be challenged and confiscated, but the Ship and the other goods, merchandises, and commodities in the said Ship, may not for that reason be molested or confiscated in any wise. And reciprocally the Subjects of the said Lord the King shall have the same liberty of navigation and traffic, in case there should be any hostility between the said Lords the States and the Kingdoms, States, or Countries, or any of them, which are or shall be in amity or neutrality with the said Lord the King of Spain, and that conformably to the aforesaid conditions and restrictions specified in this Article. This Article shall be observed, executed, and held as inserted in the Treaty of Peace, ratified by the Lord the King of Spain, and the Lords the States General of the United Provinces of the Low Countries, as the said principal Treaty, within 2 months after the exchange of the Eatifications of the said principal Treaty, concluded and signed the 30th of January, of this present year 1648, or as soon as possible after the said exchange ; and the Batifications shall be exchanged and delivered on both sides in due and valid form. Done at Munster, the 4th of February, 1648. Annex 3. CEDULAS REFERRED TO IN THE IXTH ARTICLE OF THE PRECEDING TREATY BETWEEN GREAT BRITAIN AND SPAIN OF THE 23RD MAY, 1667. (Translation.) (l).Cedula of Privileges granted by His Majesty to the English, which reside in Sevilla, San Lucar, Cadiz, and Malaga. Zaragoza, IQth March, 1645. Don Philip, by the grace of God, King of Castille, of Leon, of Arragon, of the Two Sicilies, of Jerusalem, of Portugal, of Navarre, of Granada, of Toledo, of Valencia, of Galicia, of Mallorca, of Sevilla, of Sardinia, of Cordua, of Corcega, of Murcia, of Jaen, of the Algarves, of Algecira, of Gibraltar, of the Islands of the Canaries, of the East and West Indies, Islands, and Terra Firma of the Ocean, Archduke of Austria, Duke of Bourgona, of Brabant, and of Milan, Count of Apsburg, of Flanders, Lord of Biscay, and of Molina, &c. For as much as on the part of you Eichard Anthony, Consul of the English Nation, by you, and in the name of the Vassals of the King of Great Britain, information hath been given to me, that by means of the Peace, which between this and that Kingdom is settled, those which do reside and commerce in Andaluzia, principally in the City of Sevilla, San Lucar, Cadiz, and Malaga, humbly entreat me that I would bs pleased to confirm to you the privileges, exemptions, and liberties which appertain to you, as well by the Articles of the said Peace, as by the confirmations of them, and other favours and indultos, which the King my Lord and Father (now in glory) granted you, and all others whatsoever, that have been granted by my Crowns of these my Kingdoms of Castille and of Portugal, commanding that they be observed and accomplished in all, and through all, without any limitation, and that they may be of more force, to grant them anew, with the qualities, amplifications, conditions, and declarations, which may be most convenient for you, imposing punishments upon whom shall contradict them, and not observe them ; and that it may be known what they are, that there be given Copies of them, of what 812 SPAIN. [May 23, 1667. favour I have granted them, having a due regard to the aforesaid, and because that for the occasions which I have of Wars, you have offered to assist me with 2,500 ducats of silver, paying 1,000 down, and the other 1,500 remaining, in the month of April, of this present year, for which Don Francisco Moreno, with the intervention of Don Antonio de Campo- Eedondo y Rio, Knight of the Order of St. James, of my Privy Council, and of my Exchequer, in your name and by virtue of your Power, passed a writing or obligation in form, before John Cortez de la Cruz my Notary, I have "thought tit, and by these Presents, of my own proper motive, certain knowledge, and Royal and absolute Power, which in this part I will use, and do use as King and natural Lord, not acknowledging any superior in temporals, I confirm and approve the said privileges of exemp- tions, and liberties, which appertain to you, as well by the Articles of the said Peace, as by the confirmations of them, and the rest of the favours, indultos, which the King my Lord and Father granted you, and any others whatsoever, which have been granted by my Crowns of Castille and Portugal, to the said Vassals in all, and through all, as therein, and in every thing, and in part thereof is specified, contained, and declared, that they may be firm, stable, and valid to you, and be observed to you, kept and fulfilled, because that my intention and deliberate will is, that all those of the said Nation may enjoy, and do enjoy them without any limitation, with condition, that during the time they shall reside in Andaluzia, the said English may not be put upon any office, or in any public post, nor made Guardians, Trustees, nor Collectors, although they may be of the Duties of Alcavalas, and Millones, or other Duties which relate to my Royal Treasury ; nor shall they demand from you loans, or donatives, nor oblige you to farm any rents, nor take your horses or Slaves. And to do you further favour in conformity of what is capitulated in the said Peace, I will and permit that you may and do trade and com- merce freely, and sell your merchandises and goods, and buy those of my Kingdoms, and carry them thence, observing what is ordained by the Laws and Decrees that treat thereof, paying into my Royal Treasury the Duties that ought to be paid, prohibiting as I do prohibit, and command that they do not take from you by force any merchandises, as wheat or barley, although it be for dispatch of my Armadas, Fleets, or Galloons, neither for the Assentistas nor Estariqueros, and the said privileges shall be as to wheat and barley, according to the Tax ; and as to other things and merchandises, as you shall covenant and agree for, without taking them from you till they have paid you for them, and that they shall not, upon the account aforesaid, give you any manner of trouble or vexation. And because that many of you trade in bringing to the Ports of Andaluzia, City of Sevilla, and other parts, a great quantity of bacallao and other kinds of fish, dry and salted, which being the most necessary provisions that can be, and creates you a great deal of cost and trouble, I will and command that you enjoy the Custom of the City of Sevilla, in which it is ordered that those which arrive with any fish, dry and salted, there may not be imposed any Rate, but that they sell at the price they will, without that it be necessary that they manifest it more than to the Ministers which recover my Royal Revenues, and that if the Ships in which they bring the said bacallao be great, that they cannot come up the River, and shall unload them in Barks, the Judge of the Admiralty or any other may not put in the said Barks any Guards at the cost of the Owners of them. In like sort I command that in case it appears that the said fish is rotten, and cannot be spent, it be burnt or cast into the sea, without that by reason thereof there may be made any process against the Owners or Persons that sold it, or be imprisoned or informed against. And because that the Administrator of the Almoxarifazgos, and divers other Duties, which are recovered on goods and merchandises, have been used upon information given, to seize the Person they suspect, which to Men of trade occasions much discredit, costs, and vexations : my will is, and I command, that upon the said* informations, they only proceed against the merchandises, and not against the Persons, permitting them, as I do May 23, 1667.] SPAIN. 813 permit them, that they may make and do make their defences against the said vexations. And whereas, according to one Article of the said Peace, which treats in matter of Eeligion, notwithstanding that in some Lawsuit, it hath been endeavoured that they declare, whether they be Roman Catholics or not, excusing giving credit to the oath which they make, as being Parties or as Witnesses, I command therefore, that in those matters they shall not meddle with the Natives of the said Kingdom : but that the said condition be fully observed, without making them any such questions, and to the oath you shall tender them in Court, the same faith and credit shall be given, as if they were natural Spaniards, without that upon this account they are molested or troubled, or receive any grievance. And by reason that for justification of some causes, the Judges and Justices pretend, that the Merchants should exhibit their books of trade, and thereupon they receive vexation and trouble, I command and will, that the books of the Merchants of the said Nation be not taken from them, but that they produce them in their own houses, to take out the article which shall be appointed, without demanding others, nor may be taken from them any other Papers, upon punishment of him that shall contravene herein, to be chastised according to Law. And because likewise the Merchants enter their goods in the Custom House of the City of Sevilla of all the Duties, which, because they are many, is made upon one sheet of paper, and firmed and signed by all the Officers, and remains in possession of the Warehouse-keeper of the Custom House, that by virtue thereof, he may deliver such goods as go in bales, packs, trunks, and chests, and after they have taken them out, and put them in their houses and warehouses, the Head Waiter of the Custom House, and the Officers of the half per cent, shall not search your houses, nor goods, causing you trouble and vexation, asking of you the Despatches, it being manifest that you cannot have them, having left them in the power of the said Head Waiter, I prohibit therefore and command, that the houses of the said Merchants shall not be visited, nor be asked of them the Despatches of their goods, which doth not remain in their custody, so that this is to be understood, and is understood of the houses which are within the walls of the said City. And that it may be known those who are of the said Nation, let copies be given of the said privileges and exemptions which concerns you, and were granted you, as well by the Articles of the said Peace, as in any other manner whatsoever ; and for the execution and accomplishing of all the aforesaid, I command those of my Privy Council, and the rest of my Counsellors, Juntas, and Tribunals of my Court, and the Presidents and Justices of my Courts, as also the Judges and Justices of the Peace belonging to my House, Court, and Chancery, and the Regent, and Judges of my Court de Grades, in the City of Sevilla, and the Chief Magistrate of the Court thereof, and all Mayors, Governors, Magistrates, and other inferior Officers, as well of the said Cities of Sevilla, Cadiz, and Malaga, and San Lucar de Barrameda, as of all other Cities, Towns, and Places, of these my Kingdoms, and Dominions, and Judges, and Justices thereof, of whatever quality and condition they may be, to whom principally or accidentally it shall concern in any manner whatsoever, the accomplishing of all that is contained in this my Letter, that as soon as they shall have been required herewith, or with a Copy thereof, signed by a public Notary (to which shall be given as much credit as to the original), each one for that part which shall concern him, observe and accomplish, cause to be observed and accomplished, in all and through all, as is contained therein, without that in the whole, or in part, there be pnt any impediment, or other doubt, or difficulty that shall oppose, or contravene its tenor, and form, nor consent, or allow that it be interpreted, limited, or suspended in whole or in part, contrary to the Cedulas, Provisions, or other Orders for observance thereof, in that part which shall relate to each of yon, and that they provide, and give the necessary orders for the greater security of the favour, which by this my Letter I grant you, and that at all times tin* favour may be certain and secure to you, that you may have a Judge Conservator, for Andaluzia, principally for the said Cities of Sevilla, [536] 3 H 814 SPAIN. [May 23, 1667. Malaga, Cadiz, and San Lucar de Barrameda, to whom I shall give sufficient Commission for the preservation and accomplishing of the said privileges, liberties, and exemptions (which may oblige and compel all and every Person whatsoever, of whatsoever condition or quality they be) as shall concern the said Nation, as well in those in which they shall be Defendants, as in those in which they shall be Plaintiffs, although the Person which shall sue them, and of whom they shall be sued, may have any other special Judges whatsoever as well by covenant or contract which. they may have made, as by the pre-eminences or immunities which they may have, because that of the said causes only the said Judge Conservator may take cognizance, and no other Judge or Tribunal whatsoever, although it be for any excess or notorious crimes, or in any other manner and form whatsoever ; and the said Judge Conservator for the present, shall be Doctor Don Francisco de Vergara, Judge of my Court of Degrees of the City of Sevilla, during the time that he shall act therein, and in his absence Doctor Don Francisco de Medrano, Judge of the same Court, who for matters and law-suits which shall offer in the said Cities of Cadiz, Malaga, and San Lucar, may substitute his Conservatorship in the Person that shall be proposed by the said Nation, that they may be laid before and remitted to him, for the determination thereof ; and of that which shall be so deter- mined by him, they may appeal to n>y Council and not to any other Tribunal, and because that my will is, that each one in his time may have Jurisdiction and Special Commission to protect and defend you in all that is contained in this my Letter, and that all of it may be observed and accomplished in the form that it is offered to you, I have thought fit to give charge, as by these Presents I give them charge of the protection and defence thereof, and command them that they see this my Letter, and the qualities, and conditions, and pre-eminences, and amplifications, contained therein, and cause all of it to be observed and accomplished, in the form accordingly, and in the manner that is contained therein, and declared, without consenting or allowing that in whole or in part, they may put, or do put any doubt or difficulty therein ; and before the said Don Francisco de Vergara, and in his absence before the said Don Francisco de Medrano, and not before any other Special Judge, the first motion shall pass, and be followed in all causes and law-suits for what relates thereunto, and cause the same to be executed, and a chastisement of the disobedient ; for such is my will, and that the cognisance and determination of all that is contained in this Special Letter, shall concern them, and doth concern them, that they proceed against those that shall be guilty, executing on them such penalties as the Law requires, reserving, as I do reserve to my Council, the appeals, which by their acts and sentences they shall interpose, and not for any other Tribunal, without that any of the rest of my Councils, Tribunals, Courts, or Chanceries, or any other Judges or Justices of these my Kingdoms and Dominions, of whatsoever quality they be, may intermeddle, or do inter- meddle therein, neither in the practice nor exercise of the special Jurisdic- tion, which by this my Cedula I grant them, be it by way of excess, appeal or any other recourse whatsoever ; to whom and to each of them I inhibit, and hold for inhibited their cognizance, and declare them for Judges incompetent thereof, for the whole, and in each thing, and part thereof, granting them as full and complete Power, and most ample Commission as in Law is required, and is necessary, with their incidences, dependencies, annexities, and connexities ; and that after them the said English Nation of the said City of Sevilla, may name in the said Commission, one of the Judges of the said Court, whom the said Nation shall think fit ; and I com- mand the President, and those of my Privy Council, that presenting before them his name in case the said Commission be vacant by promotion or vacation of the said Don Francisco de Vergara, or Don Francisco de Medrano, or in any other manner, they shall be dispatched by him that shall be named, in the form accordingly, and as by this my Letter is ordained : and for the better performance hereof for time to come, I grant them power, licence, and authority, that they may substitute, and do substitute this Commission for matters, and law-suits, which shall offer in the said Cities of Cadiz, and Malaga, and San Lucar de Barrameda, in the Person which by you shall be May 23, 1667.] SPAIN. 815 proposed to them, that they may examine matters and bring them to conclusion, and remit them the law- suits and causes you shall have, to determine them in the form they shall think tit, and see convenient for the security of what is contained in this my Letter ; and I encharge the Most Serene Prince, Don Balthasor Carlos, my very dear and beloved Son, and command the Infantes, Prelates, Dukes, Marquesses, Counts, Barons, Knights, Esquires, Governors of Castles, Fortresses, and Plains, and those of my Council, President and Judges of my Courts, Officers of my House, and Court, and Chancery, and all Mayors, Governors, Deputy Governors^ Justices of the Peace, and other whatsoever Justices and Judges of my Kingdoms and Dominions, that they observe to you and accomplish, and cause to be observed and accomplished this my Letter and Favour, which I do grant you, and against the tenor and form thereof, not to go, nor act now, nor at any time, nor by any manner, perpetually, for ever, nor consent, or allow that they be limited to you, or suspended in whole, or in part, all its contents, whatsoever Laws or Orders of these my Kingdoms, and Dominions, ordinances, stile, use, and custom of the said Cities of Sevilla, Cadiz, Malaga, and San Lucar, and all others, which they have, or may have, to the contrary notwithstanding, for as much as doth concern these Presents, accounting it to be here inserted and incorporated, as if it had been 'word for word, and of this my Letter Geronimo de Canencia, my Chief Treasurer and Accountant, and my Secretary de la Media Anata, is to take cognizance, to whose charge is committed the account of the said Duty ; and I declare that of this Favour, you have paid the Duty of Media Anata, which imports 35,000,155 maravedis in silver, which you are to pay every 15 years perpetually, and that being complied with, you shall not have the power to use this Favour without that it first appears that you have satisfied this Duty, and also that you pay the Judge Conservator you shall name, the salary which he shall enjoy by the said occupation, which is to be manifested by Certificate from the Office of this Duty. Given in Zaragoza, the 19th day of March, in the year 1645. I, THE KING. (2.) Cedula, amplifying and confirming the Privileges granted to the English Nation. Zaragoza, 26th June, 1645. THE KINQ. To Doctor Don Francisco de Medrano, Judge of my Court of Degrees of the City of Sevilla ; Know ye, that by one of my Letters and Decrees of the 19th of March, of this present year, I did grant to Eichard Anthony, Consul of the English Nation, and to the Subjects of the Kingdom of England, which reside and trade in Andalusia, principally in this City, and in that of Cadiz, and in that of San Lucar de Barrameda, the privileges, exemptions and licenses, which appertain to them, as well by the Articles of the Peace as by the Confirmation, and other Favours and Indultos, which the King my Lord and Father (now in glory) granted them, and with the other qualities, conditions, pre-eminences, and amplifications in the said Decree declared, for having offered to serve me with 2500 ducats of silver, according as more largely thereby doth appear, to which I refer myself ; and one of the conditions which I did grant them was, that I would name and allow them a Judge Conservator for Adalusia, principally for the said 2 Cities, and San Lucar de Barrameda, to whom should be given sufficient Commission for the observance and accomplishment of the said privileges, liberties, and exemptions, who should take cognizance of all causes, both civil arid criminal, which should be brought against them, in which they were made Defendants, that before him should come all law-suits and causes [536] 3 H 2 816 SPAIN. [May 23, 1667. whatsoever which should concern the said English or any other Persons whatsoever, of whatsoever quality they may be, as well those in which they shall be Defendants, as in those in which they shall be Plaintiffs, although the Persons that shall sue them may have special Judges, as well by agreement or contract, which they may have made, by the pre-eminence or immunity which they may have, because of the said causes, only shall take special cognizance of the said Judge Conservator, and no other Judge or Tribunal, although it may be by way of excess, or in any other manner or form whatsoever, and that for the causes and suits that shall offer in the said Cities of Cadiz and Malaga, and San Lucar, may be substituted their Commission in the Person, which by the said Nation shall be proposed, that he may bring things to a conclusion, and that they be remitted to him to determine, and of that which the said Judge shall so determine, they may appeal to my Council, and not to any other Tribunal, and that the time you shall act in the said Court, you shall be esteemed as such, and in your absence, and after you, he whom the said Nation in the said City of Sevilla shall appoint, and because that my will is, that all this be observed and accomplished in the form as is expressed, I have thought fit to give charge to you, and by this Present do give you charge of the protection and defence hereof, and command you that you see the said Decree, and the conditions, pre-eminences, and amplifications therein contained, and all of it, be observed and accomplished in form, accordingly, and after the manner that in the said Decree, and in this my Cedula is declared, without consenting or allow- ing that in the whole or in part, may put or be put any doubt or difficulty, and before you, and not before any other Judge, at the first instance shall be brought and followed, all causes and law-suits, which thereupon, or any other thing or part thereof, shall be made, and cause cognizance to be taken of all causes, civil and criminal, in which they shall be prosecuted or against them shall be attempted, and before you shall be brought whatsoever law- suits and causes which shall concern the said English between whatsoever Persons or whatsoever quality they may be, and the execution and chastise- ment of those that shall disobey ; because that my will is, that the cognizance and determination of all that is contained in the said provision, and in this my Cedula of amplification, specially shall and do concern you, proceeding fully against those that shall be guilty, executing upon them the punishments you shall find by justice due to them, without that any of the Tribunals, Courts or Chancery, or any other Judges or Justices of my Kingdoms and Dominions of Castile, of whatsoever quality they may be, may intermeddle or do intermeddle herein, neither in the use nor exercise of the special jurisdiction in the said first instance, which by this my Cedula I grant you, be it by way of excess, appeal, or any other recourse or manner, to whom, and to each of you, I inhibit, and hold for inhibited, their cognizance, declaring you for Judges incompetent thereof, as for the whole, and everything, and part thereof, and I grant you the most full and complete Power, and most ample Commission, as by Law is required and necessary, with their incidences, dependencies, annexities, and connexities, and that after you, the said English Nation of the said City of Sevilla, may have power to name in the said Commission one of the Judges of this Court, whom the said Nation shall think fit, and I command those of my Privy Council, that presenting before them his name, the said Commission being vacant by promotion or other- wise, him who shall be named shall have his Despatches in due form, according as in this my Cedula is ordained, and that it may the better be accomplished all that is contained in the said Decree, and in this my Cedula, I grant you license, power, arid authority, that you may substitute, and do substitute this Commission for matters and law-suits that shall offer in the said Cities of Cadiz, Malaga, and San Lucar, in the Person that by the said Nation shall be proposed to you, that he may conclude matters, you remitting to him the termination thereof, in the form you shall think fit, such as may be for the security of the said Decree, and that all may be observed in the form, which by it is ordained and commanded, any Laws and Pragma.ticas of my said Kingdoms and Dominions, Ordonnances, stile, use and custom, or anything whatsoever, to the contrary notwithstanding : all which, and for us much as relates to these Presents, I dispense with, abrogate, and derogate, May 23, 1067.] SPAItt . 817 make void and annul, count for nothing and of no value and force, and that these Presents remain in full force and vigour for the future. Done in Zaragoza, the 26th of June, in the year 1645. I, THE KING. By Command of our Lord the King, ANTONIO CARNERO. (3.) Cedula of Privileges. Valencia, 9th November, 1645. Don Philip, by the grace of God, King of Castille, of Leon, of Arragon, of the Two Sicilies, of Jerusalem, of Navarra, of Granada, of Toledo, of Valencia, of Galicia, of Majorca, of Sevilla, of Sardinia, of Cordova, of Corcega, of Murcia, of Jaen, of the Algarves, of Algecira, of Gibraltar, of the Islands of Canary, of the Indies East and West, Islands and Terra Firma of the Ocean Sea, Archduke of Austria, Duke of Borgona, of Brabant, and Milan, Count of Apsburg, of Flanders, of Tirol, of Barcelona, Lord of Biscay, and Molina, &c. Forasmuch as by my Letter and Decree of the 19th of March of this present year, I did grant to you, the Subjects of the King of Great Britain, who reside in Andaluzia, a confirmation and approbation of the privileges, Cedillas, and franchise? which were granted you by the Crowns of Castille and Portugal, and commanded that they should be kept, and observed to you the said Articles of Peace made between my Crowns and that of England, and that by my other Cedula of the 26th of June of the same year, you may name a Judge Conservator, that shall take cognizance of all your causes, civil and criminal, as well in those in which you shall be Plaintiffs, as in those in which you shall be Defendants, with other conditions, amplifications, and pre-eminences in the said Decree and Cedula contained, referring myself to the tenor thereof. And now on your part, relation having been made to me, that having presented the last Cedula in the assembly of the Court of Degrees of the City of Sevilla, a Copy thereof was ordered to be given to Don Juan de Villalva, my Fiscal of the said Court, who kept it in his possession from the 1 5th of July, without having answered it till now, which hath hindered and deprived you of the benefit and performance of the said Decree and Cedula, to your great prejudice and detriment, although by what is ordained thereby, the Judge Conservator ought to take cognizance of all causes, civil and criminal, as well being Plaintiffs as Defendants, with any Person whatsoever you shall trade with, your intent being only to enjoy the said privileges and Judge Conservator, when there should be any law-suits between those of- your Nation, whether you be Plaintiffs or Defendants, and whether the causes be civil or whether they be criminal, and when the suits shall be with Spaniards, or with other Persons of different Nations, the Conservator is to take cognizance RO far only of the causes in which you shall be civilly or criminally prosecuted as Defendants, and not in which you shall be Plaintiffs, humbly intreating me, that whereas in this particular you have waved and desisted from the said privilege before Alonso de Alarcon, that I would be pleased to declare it, with the conditions, amplifications, and pre -eminences, as may be most convenient for you, and shall be most necessary for the greater force of what is insisted, of what my pleasure shall be ; and because that for the service of the Wars, you have offered to assist me with 1500 ducats in silver, payable at certain prefixed days, I have thought fit, and by these Presents I will and declare, that when the suits shall be between those of your Nation, whether you be Plaintiffs or Defendants, or the causes shall be civil or criminal, you shall enjoy the said privilege and its conditions : and when the said suits shall be with Spaniards, or with other Persons of divers Nations, that the Judge Conservator shall take cognizance, and do take cognizance only of the causes 818 SPAIN. [May 23, 1667 . in which you shall be civilly or criminally Defendants, and not when you shall be Plaintiffs. And because that the duties of Excise of Millones which are imposed on bacallao dry and fresh, pilchards, herrings, and salmon, and other kinds of fish, fresh and salted, it was ordered that it should be recovered of those which consume it ; and by reason the Farmers of these Duties, and Judges which take cognizance of these Causes, do occasion you great grievances, and oblige you to pay 200 maravedis for each quintal of bacallao, and accordingly on other sorts as are permitted, and upon the arrival of the Ships at the Ports of Malaga,. Cadiz, and San Lucar, they oblige you to declare the quantity of fish you bring, charging you by the great for the whole, obliging you to the payment thereof, as money due to me, and oblige you to the payment thereof in four months of what it amounts to, which is unjust, because that those who buy these kinds, are Clergymen, Friars, Monks, and other Persons which have privileges and habits, Mayors, Aldermen, and Common-councilmen, for which cause the Farmers of these Duties will not recover them of such, but recover them of you for the whole, without considering the quantity they steal from you, that which is rotten, and what you spend in your own Families ; and if you insist on the recovery thereof of such Persons, they treat you ill and do not pay you ; therefore, I \vill and command, that this Duty be recovered of the Buyers and Consumers, and that the Farmers put a Person for their account, that may recover the same, as is done in the Revenues of Alcavala and Almoxarifazgo, with this condition, that you be obliged, as I oblige you, that you shall register all the said kinds of fish aforesaid, as you are obliged to do, according to the general Despatches, without that this may be in any manner avoided. And because from the visits which the Farmers of Duties make you, there results a great deal of trouble, I will and command, that in the Cities of Malaga, San Lucar, and Cadiz, be observed to you, and kept the privilege, that they may not examine the merchandises which are in your nouses, according to what is ordered and commanded by the said Decree, of the 19th of March of this present year, being the same which is granted to those who reside in the City of Se villa : and likewise I command that the said search may not be made by any Farmer, if in the Custom House you have paid all the Duties, and that this be observed to you, and accomplished inviolably. And because that all Ships that come to these my said Kingdoms, from those of England, Ireland, and Scotland, the Minister of the Contra- bands, and of the Almoxarifazgo, upon searching them as they enter the Ports, cause great vexations and trouble to the Masters of them, and shut up the holds and hatches of the said Ships, deferring the visiting them 8 or 15 days, putting Waiters aboard at the cost of the Masters, who they will have to maintain them and make them pi esents, I command the said Ministers, as well of the Contraband, as those of Almoxarifazgo, and every of them, that within 3 days they shall and do make the said visit, without putting Waiters aboard them, or taking any Duties by reason thereof, and if they shall put them, it shall be at the cost of the Chief Almoxarifazgo and the Admiralty, since you owe nothing : and when there shall come into the said Ports of Malaga, Cadiz, and San Lucar, any Ship with provisions or merchandises, neither at the time of the visit, and of the unloading, nor at any other, as aforesaid, I order that the Judges and Officers of the Contraband, nor Admiralty, nor any others, may not put or do put in them Waiters at the cost of the Masters or Owners, nor do give you any trouble, either the one or the other, upon that account, according to what is ordered in the IVth Article of the Institution of the said Admiralty, by which it is expressed, relating there- unto, for the satisfaction of the Waiters and other Officers, in the Vlllth Article of the Peace, in which it is ordered, that the Yassals of the one King in the Territory of the other, shall be treated as the Natives them- selves, in whose Ships never are put Waiters at the cost of the Masters or Owners thereof. And because also that the Officers of the Contraband in the said Ports, May 23, 1667.] S^AIN 8l9 as soon as the Ships cast anchor, demand of the Masters their Manifest, arid if they do not find in it the merchandises that come consigned to you, they give you trouble, although you have the Bills of lading that the Masters have signed for them, to deliver them according to their consignment, in which you receive a great deal of damage, because that the best instrument you can have is the Bills of lading, because that by them you may oblige them by justice to deliver you your goods, and if the Masters by neglect or malice do not write them in the same Manifest, it is not just that they execute the punishment upon the Owners of the goods, but upon the Masters and Ships, and in so doing the Manifest shall be always justifiable. Wherefore it is my will, and I declare, that the Masters do comply with exhibiting their Manifest, within 3 days after their arrival in the said Ports, and I command, that by reason hereof, the Owner of the goods showing the Bill of lading, you may not give him any trouble or molestation whatsoever. And because likewise the Judges for exportation, and other Officers, cause you much trouble and vexation if they find in the Ship any money, and it being necessary that the Masters have a sum according to the tonnage, to buy sails, cables, anchors, and other necessary stores, I give license and permission, that having first made a Register, as is usual, every Ship may have 3 pieces of 8 for every ton, for the said purpose, and not for any other, without therefore that upon that account they may be put to any trouble. And because, that also they of the Excise Office of the said City of Sevilla, occasion you trouble, vexation, and law-suits, saying that there is an order that you shall manifest the butter, leather, and other merchandises and provisions, and that you declare the price you sell them at, and to what Persons, by which means it is 2 years since that you have not brought any butter to the said City, and the Order doth not relate to the Strangers that bring these goods and provisions by sea, but only with the Retailers that go to buy them in the Ports and bring them to the said City to gain by them, I declare, that you have no obligation to make the said Manifest and Declaration, nor can they be obliged thereby to make them, nor to make a process against you, and if they do, I command that they be remitted to the Judge Conservator to determine them. And because that many times you have taken leases of the houses in which you live and keep your merchandises, and while you are in them Persons of great authority take them from you, before your lease is expired^ because they be large and stand where trade is, and oblige you to remove the goods, whereby they are damaged and stolen from you ; I will and command, that during the time of your lease the said houses may not be taken from you by any Person, although he may be a Judge, and have a particular privilege. And that all this may be certain and secure, I command the Regent and Judges of my Court of Degrees of the City of Sevilla, and the Judges of the Courts thereof, and my Governor of the said City and his Deputy, and the other Judges and Justices thereof, and of others whatsoever Cities, Villages, and places of my Kingdoms and Dominions of my Crowns of Castille, to whom principally or accidentally shall concern what is here contained, that all Causes which shall be depending, in which you shall be Defendants, being of the qualities in this my Letter contained, that they may provide and giv*e order, that they may be remitted presently to the Judge Con- servator, as I have named you, in the posture they shall be, though they may have been begun before or after my said Decree of the 19th of March, of this present year, together with the said Decrees and Cedulas (notwith- standing it having been ordered by my said Court of Degrees, to give a Copy thereof to my said Judge), without making therein any excuse, reply, doubt, or any difficulty whatsoever ; and I command that they do not intermeddle nor may intermeddle in anything concerning what is contained in the said Decree and Cedulas, and in this my Letter, but that they observe and fulfil, and cause to be observed and fulfilled, and executed in all, and through all, as therein is contained, and that each of you, in that part which shall concern him, do cause them to be put in true and due execution 820 SPAIN. [May 23, 1667. July T V, 16*0. effectually, so as in all respects it may be complied with, without that it be necessary to have further recourse to me hereupon, whatsoever Laws and Pragmaticas of these my Kingdoms and Dominions, Ordinances, stiles, use and custom, which they have, or might have to the contrary, notwith- standing ; with which, for as much as relates to these Presents, I dispense, abrogate and derogate, make void and null, and give for no value and effect, these Presents remaining in full force and vigour for the future, and of this my Letter, the Clerks of my Royal Treasury are to take notice, and I declare that for this Grant you have paid the duty of the Media Anata. Given in Valencia, the 9th day of November, 1645. I, THE KING. No. 154. TREATY BETWEEN GREAT BRITAIN AND SPAIN FOR THE COMPOSING OF DIFFERENCES, EESTRAINING OF DEPREDATIONS, AND ESTAB- LISHING OF PEACE IN AMERICA.' Signed at Madrid, July T 8 F , 1670. WHEREAS for many Years past the good Understanding and Correspondence between the English and Spanish Nations having been disturbed in America, It pleased the Most Serene and Powerful Prince Charles, King of Great Britain, &c., in order to the Eestoring and Eegulating the same, for the future to send into Spain his Envoy Extraordinary Sir William Godolphin Knight, with full Authority and Power to make any Treaty convenient and proper for that end : And likewise the Most Serene and Powerful Charles, King of Spain, &c. and the Queen Eegent Maria- Anna, &c. for the carrying on a Work of so much Piety and Publick Good, Deputed on their Part the Earl of Penaranda, Councellor of State, and President of the Indies, to Confer, Treat and Conclude thereupon with the said Sir William Godolphin : At length they mutually Eesolved and Agreed upon the Articles of the following Treaty in Virtue of their several Commissions. ARTICLE I. The Treaty of 1667 confirmed. First, It is Agreed between the above-mentioned Plenipotenti- aries Sir William Godolphin and the Earl of Penaranda, in the Names of the most Serene Kings respectively their Masters, That the Articles of Peace and Alliance made between the Crowns of Great Britain and Spain in Madrid on the ^-J of May, 1667, or any Clause thereof, shall in no manner be deemed or understood to be , 1670.] SPAIN. 821 taken away or abrogated by this present Treaty ; but that the same shall remain perpetually in their ancient force, stability and vigour, so far forth as they are not contrary or repugnant to this present Convention and Articles, or to any thing therein contained. ARTICLE II. Peace to be observed in America as elsewhere. That there be an Universal Peace, true and sincere Amity in America, as in the other Parts of the World, between the Most Serene Kings of Great Britain and Spain, their Heirs and Successors, and between the Kingdoms, States, Plantations, Colonies, Forts, Cities, Islands and Dominions, without any distinction of Place belonging unto either of them, and between the People and Inhabitants under their respective Obedience, which shall endure from this Day for ever, and be observed inviolably, as well by Land as by Sea and Fresh-waters, so as to promote each the Welfare and Advantage of the other, and favour and assist one another with mutual Love ; and that everywhere, as well in those remote Countries as in those which are nearer, the faithful Offices of good Neighbourhood and Friendship may be exercised, and increase between them. ARTICLE III. All Enmities and Depredations to Cease. Also, that for the time to come, all Enmities, Hostilities and Discords between the said Kings, their Subjects and Inhabitants cease and be abolished: And, that both Parties do altogether forbear and abstain from all Plundering, Depredation, Injuries and Infestation whatsoever, as well by Land as by Sea and in Fresh- waters, every where. ARTICLE IV. Revocation of Letters of Reprisal and Mart. The said Most Serene Kings shall take care that their subjects do accordingly abstain from all Force and Wrong-doing : And they shall Revoke all Commissions and Letters of Reprisal and Mart, or otherwise containing License to take Prizes, of what condition or kind soever, being to the Prejudice of the one or other of the said Kings, or of their Subjects, whether the same have been given or granted by them unto Subjects or Inhabitants, or unto Strangers ; and shall declare the same to be void and ,of no force, as by this Treaty of Peace they are declared so to be : 822 SPAIN. [July A, And whosoever shall do any thing to the contrary, he shall be punished not only Criminally according to the merit of his Offence, but shall also be compell'd to make Eestitution and Satisfaction for the Losses to the Parties damnified, requiring the same. AETIOLE V. Renunciation of all Leagues, fyc., contrary to this Peace. And furthermore, the said Kings shall Denounce, as by the Tenor of those Presents every of them hath and doth Renounce, whatsoever League, Confederation, Capitulation, and Intelligence made by what manner soever in the Prejudice of the one or the other, which doth or may repugn against this Peace and Concord, and all and singular the Contents thereof : All which and every of them, so far as they do concern the Effect aforesaid, they shall annul and make void, and declare to be of no force or moment. ARTICLE VI. Prisoners Released,. The Prisoners on both sides, one and all, of what Degree or Condition soever, detained by reason of any Hostilities hitherto committed in America, shall be forthwith set at liberty, without Kansorn, or any other Price of their Freedom. ARTICLE VII. All Injuries to be Forgotten. All Offences, Damages, Losses, Injuries, which the Nations and People of Great Britain and Spain have at any time heretofore, upon what Cause or Pretext soever suffered by each other in America, shall be expunged out of remembrance, and buried in Oblivion, as if no such thing had ever past. Retention by Great Britain of her Possessions in America. Moreover, It is Agreed, That the Most Serene King of Great Britain, his Heirs and Successors shall have, hold, keep and enjoy for ever, with plenary Right of Sovereignty, Dominion, Possession aud Propriety, all those Lands, Regions, Islands, Colonies and Places whatsoever, being or situated in the West-Indies, or in any part of America, which the said King of Great Britain and his Subjects do at present hold and possess ; So as that in regard thereof, or upon any Colour or JPretence whatsoever, nothing more may or ought to be urged, nor any Question or Controversie be ever moved concerning the same hereafter. July Vfc, i70.] SPAIN. 823 ARTICLE VIII. Sailing to, or Trading in, each others Ports in the West Indies Forbidden. The Subjects and Inhabitants, Merchants, Captains, Masters of Ships, Mariners of the Kingdoms, Provinces, and Dominions of each Confederate respectively, shall abstain and forbear to Sail and Trade in the Ports and Havens which have Fortifications, Castles, Magazines or Warehouses, and in all other Places whatso- ever possessed by the other Party in the West Indies ; to wit, The Subjects of the King of Great Britain shall not Sail unto, and Trade in the Havens and Places which the Catholick King holdeth in the said Indies ; Nor in like manner shall the Subjects of the King of Spain Sail unto, or Trade in those Places which are pos- sessed there by the King of Great Britain. ARTICLE IX. Trade and Navigation Licences. But if at any time hereafter either King shall think fit to grant unto the Subjects of the other any general or particular Licence or Privileges of Navigating unto, and Trading in any Places under his Obedience who shall grant the same, The said Navigation and Trade shall be exercised and maintained according to the Form, Tenor, and Effect of the said Permissions or Privileges to be allowed and given ; For the security, Warrant and Authority whereof, this present Treaty and the Eatification thereof shall serve. ARTICLE X. Vessels in Distress. It is also Agreed, That in case the Subjects and Inhabitants of either of the Confederates, with their Shipping (whether publick and of War, or private and of Merchants) be forced at any time through stress of Weather, pursuit of Pirates and Enemies, or other Inconveniences whatsoever, for the seeking of Shelter and Harbour, to retreat and enter into any of the Rivers, Creeks, Bays, Havens, Roads, Shores, and Ports belonging to the other in America, they shall be received and treated there with all humanity and kindness, and enjoy all friendly protection and help : And it shall be lawful for them to refresh and provide themselves at reasonable, and the usual Eates, with Victuals and all things needful, either for the sustenance of their Persons, or reparation of their Ships, and conveniency of their Voyage ; And they shall in no manner be detained or hindred from returning out of the said Ports or Roads, but shall remove and depart when and whither they please, without any let or impediment. 824 SPAIN. [July A. ARTICLE XL Persons Saved from Wrecks not to be kept Prisoners. Likewise, if any Ships belonging to either Confederate, their People and Subjects, shall within the Coasts or Dominions of the other stick upon the Sands, or be Wrack'd (which God forbid) or suffer any Damage, the Persons Shipwrack'd and cast on the Shore shall in no sort be kept Prisoners, but on the contrary, all friendly Assistance and Relief shall be administered to their distress, and Letters of Safe-conduct given them for their free and quiet Passage thence, and the return of every one to his own Country. ARTICLE XII. Three or four Ships coming together into any Port must not Stay without Leave from the Governor, nor Trade. But when it shall happen, that the Ships of either (as is above mentioned) through danger of the Sea, or other urgent Cause, be driven into the Ports and Havens of the other, if they be three or four together, and may give just ground of Suspicion, they shall immediately upon their arrival acquaint the Governor or chief Magistrate of the Place with the Cause of their coming, and shall stay no longer then the said Governor or chief Magistrate will permit, and shall be requisite for the furnishing themselves with Victuals and Reparation of their Ships ; and they shall always take care not to carry out of their Ships any Goods or Packs, exposing them to Sale, neither shall they receive any Merchandise on Board, nor do anything contrary to this Treaty. ARTICLE XIII. Observance of this Treaty by Subjects of both Nations. Both Parties shall truly and firmly observe and execute this present Treaty, and all and every the Matters therein contained, and effectually cause the same to be observed and performed by the Subjects and Inhabitants of either Nation. ARTICLE XIV. Private injuries not to affect Treaty. No Reprisals but in Case of Denial or unreasonably delaying Justice. No private Injury shall in any sort weaken this Treaty, nor beget Hatred or Dissentions between the foresaid Nations, but every one shall answer for his own proper Fact, and be prosecuted thereupon ; Neither shall one Man satisfie for the Offence of another by Reprisals, or other such like odious Proceedings, unless Justice be denied or unreasonably delayed, in which case it shall July T ff , 1670.] SPAIN. . 825 be lawful for that King, whose Subject hath suffered the Loss and Injury, to take any Course according to the Rules and Method of the Law of Nations, until Eeparation be made to the Sufferer. ARTICLE XV. This Treaty not to Prejudice the Eights or Dominions of either Nation in the Seas, &c., of America. The present Treaty shall in nothing derogate from any Pre- eminence, Right, or Dominion of either Confederate in the American Seas, Channels or Waters, but that they have and retain the same in a full and ample manner, as may of right belong unto them : But it is always to be understood, that the Liberty of Navigation ought in no manner to be disturbed, where nothing is committed against the genuine sense and meaning of these Articles. ARTICLE XVI. Ratifications. Lastly, The solemn Ratifications of this present Treaty and Agreement, made in due Form, shall be delivered on both Sides, and mutually Exchanged within the space of Four Months from this Day ; And within Eight Months, to be computed from the said Exchange of the Instruments (or sooner if possible), they shall be Published in all convenient Places throughout the King- doms, States, Islands, and Dominions of both Confederates, as well in the West Indies as elsewhere. In Testimony of all and singular the Contents hereof, We the above-mentioned Plenipotentiaries have Signed and Sealed this present Treaty, at Madrid, the -^ Day of July, in the Year of our, Lord 1670. THE COUNT OF WILLIAM GODOLPHIN. PENARANDA. (L.S.) (L.S.) 826 SPAIN [>ly .18, 1713. No. 155. TREATY OF PEACE AND FRIENDSHIP BETWEEN GREAT BRITAIN AND SPAIN. &iyned at Utrecht, July 13, 1713. (Extract.) (Translation.) ARTICLE I. Peace and Friendship. THAT there be a Christian universal Peace, and a perpetual and true Friendship between the Most Serene and Most Mighty Princess Anne, Queen of Great Britain, and the Most Serene and Most Mighty Prince Philip V, Catholic King of Spain, and their Heirs and Successors, and also the Kingdoms, States, Dominions, and Provinces of both Parties, wheresoever situated, and their Subjects ; and that the same be so sincerely preserved and cultivated, that neither Party do, under any colour whatever, endeavour to attempt anything to the destruction or detriment of the other, or yield any aid, by what name soever it be called, to those who attempt the same, or who endeavour to do any damage, neither may or ought they to help them by any means. On the contrary, Their Royal Majesties shall be obliged the one to promote the advantage, honour, and interest, of the other, and to direct their Councils to that end with all care, that by mutual proof of friendship, the Peace which is now made may daily receive new additions of strength. ARTICLE VII. Administration of Justice. That the ordinary distribution of justice be restored and open again through the Kingdoms and Dominions of each of Their Royal Majesties, so that it may be free for all the Subjects on both sides to prosecute and obtain their rights, pretensions, and actions, according to the Laws, Constitutions, and Statutes of each Kingdom. And especially if there be any complaints concerning injuries or grievances, which have been done contrary to the tenour of the Treaties, either in time of Peace, or at the beginning of the War lately ended, care shall be taken that the damages be forthwith made good, according to the rule of justice. July 13, 1713.] SPAIN. 827 AKTICLE VIII. Freedom of Commerce and Navigation. That there be a free use of navigation and commerce between the Subjects of each Kingdom, as it was heretofore in time of Peace, and before the declaration of this late War, in the Eeign of Charles the Ilnd (of glorious memory), Catholic King of Spain, according to the Treaties of Friendship, Confederation, and Com- merce, which were formerly made between both Nations, according to ancient Customs, Letters, Patents, Cedulas, and other particular Acts; and also according to the Treaty or Treaties of Commerce which are now, or will forthwith be made at Madrid. And whereas among other conditions of the General Peace, it is by common consent established as a chief and funda- mental rule, that the exercise of navigation and commerce to the Spanish West Indies should remain in the same state it was in the time of the aforesaid King Charles the Ilnd ; that therefore this rule may hereafter be observed with inviolable faith, and in a manner never to be broken, and thereby all causes of distrust and suspicion concerning that matter may be prevented and removed, it is especially agreed and concluded, that no Licence, nor any permission at all, shall at any time be given, either to the French or to any Nation whatever, in any name or under any pretence, directly or indirectly, to sail, to traffick in, or introduce Negroes, goods, merchandises, or any things whatsoever, into the Dominions subject to the Crown of Spain in America, except what may be agreed by the Treaty or Treaties of Com- merce abovesaid, (and the rights and privileges granted in a certain Convention, commonly called El Assiento de Negros, whereof mention is made in the Xllth Article ; except also what- soever the said Catholic King, or his Heirs or Successors, shall promise by any Contract or Contracts for the introduction of Negroes into the Spanish West Indies, to be made after that the Convention or the Assiento de Negros abovementioned shall be determined.) And that more strong and full precautions may be taken on all sides, as abovesaid, concerning the navigation and commerce to the West Indies, it is hereby further agreed and concluded that neither the Catholic King, nor any of his Heirs and Successors whatsoever, shall sell, yield, pawn, transfer, or by any means, or under any name, alienate from them and the Crown of Spain, to the French or to any other Nations whatever, any Lands, Dominions, or Territories, or any part thereof belonging to Spain in America. On the contrary, that the Spanish Dominions in the West Indies may be preserved whole and entire, the Queen of Great Britain engages, that she will endeavour, and give assistance to the Spaniards, that the ancient limits of their Dominions in the West Indies be restored, and settled as they stood in the time of the abovesaid Catholic King, Charles the II, if it shall appear that they have in any manner, or under any pretence, been broken into, and lessened in any part Since the death of the aforesaid Catholic King, Charles the II. 828 SPAIN. [July 13, 1713. ARTICLE IX. (re n end Most-favoured-nation Treat'inent. It is further agreed and concluded as a general rule, that all and singular the Subjects of each Kingdom shall in all Countries and Places on both sides have and enjoy at least the same privi- leges, liberties, and immunities, as to all Duties, Impositions, or Customs whatsoever relating to Persons, goods, and merchandises, Ships, freight, Seamen, navigation, and commerce ; and shall have the like favour in all things, as the subjects of France, or any other Foreign Nation, the most favoured, have, possess, and enjoy, or at any time hereafter may have, possesss, or enjoy. ARTICLE X. Cession of Gibraltar to Great Britain. The Catholic King does hereby, for himself, his Heirs and- Suc- cessors, yield to the Crown of Great Britain the full and entire propriety of the Town and Castle of Gibraltar, together with the Port, Fortifications, and Forts thereunto belonging ; and he gives up the said propriety to be held and enjoyed absolutely with all manner of right for ever, without any exception or impediment whatsoever. But that abuses and frauds may be avoided by im- porting any kinds of goods, the Catholic King wills, and takes it to be understood, that the above-named propriety be yielded to Great Britain without any territorial jurisdiction, and without any open communication by land with the country round about. Yet whereas the communication by sea with the coast of Spain may not all all times be safe or open, and thereby it may happen that the Garrison and other Inhabitants of Gibraltar may be brought to great straits ; and as it is the intention of the Catholic King, only that fraudulent importations of goods should, as is above said, be hindered by an inland communication, it is therefore pro- vided that in such cases it may be lawful to purchase, for ready money, in the neighbouring Territories of Spain, provisions and other things necessary for the use of the Garrison, the Inhabitants and the Ships which lie in the Harbour. But if any goods be found imported by Gibraltar, either by way of barter for purchasing provisions, or under any other pretence, the same shall be confiscated, and complaint being made thereof, those Persons who have acted contrary to the faith of this Treaty, shall be severely punished. And Her Britannic Majesty, at the request of the Catholic King, does consent and agree, that no leave shall be given under any pretence whatsoever, either to Jews or Moors, to reside or have their dwellings in the said Town of Gib- raltar ; and that no refuge or shelter shall be allowed to any Moorish Ships of War in the Harbour of the said Town, whereby the communication between Spain and Ceuta may be obstructed, or the coasts of Spain be infested by the excursions of the Moors. July 13, 1713.] SPAIN. 829 But whereas Treaties of Friendship, and a liberty and intercourse of commerce are between the British and certain Territories situate on the coast of Africa, it is always to be understood, that the British Subjects cannot refuse the Moors and their Ships entry into the Port of Gibraltar purely upon the account of mer- chandising. Her Majesty the Queen of Great Britain does further promise, that the free exercise of their religion shall be indulged to the Eoman Catholic Inhabitants of the aforesaid Town. And iu case it shall hereafter seem meet to the Crown of Great Britain to grant, sell, or by any means to alienate therefrom the propriety of the said Town of Gibraltar, it is hereby agreed and concluded, that the preference of having the same shall always be given to the Crown of Spain before any others. ARTICLE XV. Renewal of former Treaties of Peace, Commerce, $-c. Their Eoyal Majesties on both parts renew and confirm all Treaties of Peace, Friendship, Confederation, and Commerce, made heretofore, and concluded between the Crowns of Great Britain and Spain, and the said Treaties are hereby renewed and confirmed in as full and ample manner, as if they were now particularly here inserted ; that is to say, as far as they are not found to be con- trary to the Treaties of Peace and Commerce which were the last made and signed. [And especially by this Treaty those Agree- ments, Treaties, and Conventions are confirmed and strengthened which relate as well to the exercise of commerce and navigation in Europe, and elsewhere, as to the introduction of Negroes into the Spanish West Indies, and which either are already made, or will forthwith be made between both Nations at Madrid.] And whereas it is insisted on the part of Spain, that certain rights of fishing at the Island of Newfoundland, belong to the Guipuscoans, or other Subjects of the Catholic King, Her Britannic Majesty consents and agrees that all such privileges as the Guipuscoans and other People of Spain are able to make claim to by right shall be allowed and preserved to them. AETICLE XVII. Actions of Individuals not to affect good relations between the two Countries. But if it happen through inadvertency, or imprudence, or any other cause, that any Subject of either of Their aforesaid Eoyal Majesties, do or commit anything by land, sea, or on fresh waters, in any part of the World, whereby this present Treaty be not observed, or whereby any particular Article of the same haih not its effect, this Peace and good correspondence between the Queen of Great Britain and the Catholic King shall not therefore be inter- rupted or broken, but shall remain in its former strength, force, and vigour. And that Subject only shall be answerable for his own fact, and shall suffer such punishment as is inflicted by Law, and according to the prescriptions of the Law of Nations. [536] ^ 3 [ 830 SPAIN, [July 13, 1713, Dec 9, 1713, ARTICLE XVIII. Rupture of Friendly Relations. Position of Persons and Property. . But if (which God forbid) the disputes which are composed, should at any time be renewed between Their said Eoyal Majesties, arid break out into open War, the Shi|)s, merchandises and goods, both moveable and immoveable, of the Subjects on both sides, which shall be found to be and remain in the Ports and Dominions of the adverse Party, shall not be confiscated, or suffer any damage ; but the space of 6 months, on the one part, and on the other, shall be granted to the said Subjects of each of Their said Royal Majesties, in order to their selling the aforesaid things, or any other their effects, or carrying away and transporting the same from thence, whithersoever they please, without any molesta- tion. Signed and sealed at Utrecht, the T 2 T of July, 1713. (L.S.) JOH. BEISTOL, C.P.S. (L.S.) DUQUE DE OSSUNA. (L.S.) STEAFFOED. (L.S.) EL MAEQUES DE MONTELEONE. No. 156. TREATY OF NAVIGATION AND COMMERCE BETWEEN GREAT BRITAIN AND SPAIN. Signed at Utrecht; December 9, 1713. (Translation from the Latin.) AETICLE I. Confirmation of Treaty of May 23, 1667. THE Treaty of Peace, Commerce, and Alliance, concluded at Madrid, between the Crowns of Great Britain and Spain the i-J day of May, 1667, is ratified and confirmed by this Treaty, and for the greater strengthening and confirmation of the same, it has been thought proper to insert it word for word in this place, together with the Eoyal Schedules or Ordinations annexed to it, as follows : [See page 791.] Their Eoyal Majesties do mutually promise, that they will faithfully perform and fulfil all and every one of the Articles of December 0, 1713.] BPAIN. 831 the foregoing Treaty, and all privileges, concessions, agreements, or other advantages whatsoever, arising to the Subjects on either side, which are contained in them, or in the annexed Schedules ; and that they will at all times cause the same to be performed and fulfilled by their Ministers, Officers, or other Subjects, so that the Subjects on each side may enjoy the full effect of all and every one of them (those only excepted, concerning which some- thing else shall be established in the following Articles, to~ the mutual satisfaction of each Party), and of all those likewise which are contained in the following Articles. Moreover the Treaty of 1670, made between the Crowns of Great Britain and Spain, for preventing all differences, restraining depredations, and establishing Peace between the said Crowns in America, is again ratified and confirmed [without any prejudice however to any Con- tract, or other privilege or leave granted by His Catholic Majesty to the Queen of Great Britain or her Subjects, in the late Treaty of Peace, or in the Contract of Assiento], as likewise without prejudice to any liberty or power, which the Subjects of Great Britain enjoyed before, either through right, sufferance or indul- gence. ARTICLE II. Commerce and Navigation. Most-favoured-nation Treatment. The Subjects of Their Majesties, trading respectively in the Dominions of Their said Majesties, shall not be bound to pay greater Duties, or other Imposts whatsoever, for their Imports or Exports than shall be exacted of and paid by the Subjects of the most favoured Nation; and if it shall happen in time to come, that any diminutions of Duties or other advantages shall be granted by either side, to any Foreign Nation, the Subjects of each Crown shall reciprocally and fully enjoy the same. And as it has been agreed, as is above mentioned, concerning the rates of Duties, so it is ordained as a general rule between Their Majesties, that all and every one of their Subjects, shall in all lands and places subject to the command of Their Eespective Majesties, use and enjoy at least the same privileges, liberties, and immunities concerning all Imposts or Duties whatsoever which relate to Persons, wares, merchandise, Ships, freighting, Mariners, navigation and commerce, and enjoy the same favour in all things (as well in the Courts of Justice, as in all those things which relate to trade, or any other right whatsoever), as the most favoured Nation uses and enjoys, or may use and enjoy for the future, as is explained more at large in the XXXVIIIth Article of the treaty of 1667, which is specially inserted in the foregoing Article. [536] 3 I 2 832 SPAIN, [December 9, 1713. ARTICLE III * Liberty for British Subjects to Trade throughout Spanish Dominions. Whereas by the Treaty of Peace lately concluded between Their Koyal Majesties, it was laid as the basis and foundation of the said Treaty, that the Subjects of Great Britain should use and enjoy the sa'me privileges and liberty of Trade throughout all the Dominions of Spain which they enjoyed in the time of Charles the Ilnd, and therefore the same rule is likewise and ought to be the basis and foundation of the present Treaty of Commerce (which is understood to extend reciprocally to the Subjects of Spain trading in Great Britain, in regard to whatsoever, by agree- ment, belongs to them) ; and w r hereas a certain, clear, and expedi- tious method of paying the Duties is of the greatest use in settling trade upon a good foot, and to the mutual advantage of each Nation ; it is therefore agreed and concluded, that within the space of 3 months from the Ratification of this Treaty, Commis- saries appointed for that purpose by Their Respective Majesties, shall meet, on the part of each of Their Royal Majesties, either at Madrid or Cadiz, by whom a new Book of Rates shall, without any delay of time, be made, which Book of Rates shall be published in every Port, and shall contain, and severally express the Duties which are hereafter to be paid for wares brought into, or carried out of Castile, Arragon, Valencia, and Catalonia, and shall settle them in such a manner that all the different Imposts which, in the time of the late King Charles the Ilrid, were paid under several names, and in diffeient Custom-houses for wares entering into or going out of the Ports of Spain (the Kingdoms of Arragon and Valencia, and the Principality of Catalonia being comprehended therein, Guipuscoa and Biscaya, of which mention shall be made hereafter, only excepted), shall be put together and be contained in one Duty, and payable only in one sum. But whereas the British Ambassador made pressing instances, that it might be given as a rule to the said Commissaries, that no greater Duties, or other Imposts whatsoever, should be made payable in any Port, wet or dry, in His said Catholic Majesty's Dominions by the said new Book of Rates, than what were paid in the Custom-houses of the Port of St. Mary's or Cadiz, in the Reign of the late King of Spain, Charles the Ilnd ; the Ambassadors of Spain have consented, and it is agreed and stipulated that that rule shall be observed in those very Ports of Cadiz and St. Mary's, so that all augmentations of Duties which were introduced in the said Ports after the time of Charles the Ilnd, on occasion of the War, or under the title of Habilitation, or any other whatsoever, ceasing and being taken away, the British Subjects shall not, before or after the said Book of Rates is settled, be bound to pay any greater Duties, of what sort soever, or under what name soever, lor their Imports or Exports in the * See Queen Anne's Ratification of this Treaty on p. 840. December 9, 1713.] SPAIN. 833 Ports of St. Mary's and Cadiz, that what were paid there in the time of King Charles the Ilnd. Moreover, in regard to the Ports of St. Mary's and Cadiz, the said Commissaries shall be strictly enjoined not to make the i new Book of Kates according to the old Indexes of Duties, which by reason of the exorbitant rights that were appointed to be paid by them, ceased to be in use from the time of Charles the Ilnd, hilt shall follow the tenor of those Indexes only, which (whether they were commonly called Arancel or Registers) shall be found to have subsisted in the time of King Charles the Ilnd, and to have been the rule by which the Duties were then paid. And it is further agreed, that the Subjects of Great Britain having paid these Duties for their wares in the said Ports, to wit, those, until the new Indexes are made, which were paid in the time of Charles the Ilnd, or else such as shall be made payable by the said new Book of Kates, shall have liberty to transport the said wares, either by sea or land, into any other Port or Place of the aforesaid Dominions of Spain, nor shall the Duties which were paid before be re-exacted on that occasion. Moreover, for preventing all disputes, which (notwithstanding the exact administration of justice in Spain in all other respects) have formerly arisen concerning other Duties, which, to the great prejudice of trade and traders, have been exacted formerly ; it is agreed, that wares which have paid the Duties in the manner aforesaid at Cadiz, or the Port of St. Mary's, and are transported in order to be sold by wholesale, shall be free and clear from any other Duty whatsoever, throughout all Spain, provided, however, that the Proprietor of the said wares, or Factors, brings Certificates that the Duties were duly paid in the manner aforesaid, otherwise such wares shall be looked upon as fraudulently transported. But as to the payment of the Eights commonly called "de Alcavalos, Cientos, and Millones," it is agreed that it shall be regulated according to the Vth and Vlllth Articles of this Treaty. But because the Spanish Ambassadors are persuaded that the Duties in every Port of Spain cannot be reduced to the same rule with those which are or may become customary in Cadiz or the Port of St. Mary's, without violating the Laws of Spain, and several privileges there, which have the force of Laws, nor without the too great prejudice of their King and Master, it is therefore thought proper to leave this matter to the determination of the Commissaries who shall be appointed to settle the new Book of Kates/ But his Catholic Majesty promises that he will immediately take off all augmentations of Duties in the said Ports, which have been introduced there since the time of Charles the Ilnd, on occasion of the War, or under the title of Habilitations, or any other whatsoever, and that either the same rule shall be observed in those Ports which is agreed to in the Ports of St. Mary's and Cadiz, or else at least that the same rule shall be observed as well before as after the said new Book of Kates shall be made, which had obtained in each respective Port in the time of King Charles 834 SPAIN. [Dwcr.ibovO, 1713. the Ilml, so that hereafter no greater Duties shall be exacted there, or in any other place of passage, than what were paid in the said places in the time of Charles the Ilnd. In the same places shall be likewise observed what has been above appointed in this Article concerning the Eights " de Alcavalos, Cientos, and Millones." As to the Ports of Guipuscoa and Biscaya, and others, not subject to the Laws of Castille, in which less Duties were paid in the time of Charles the Ilnd than at Cadiz, or in the Port of St. Mary's, His Catholic Majesty promises that those Duties shall not be augmented in the said places by the new Book of Kates, but shall, in the meantime, remain as they were in the time of Charles the Ilnd. All wares, however, brought into the Ports of Biscaya and Guipuscoa, which shall afterwards be carried by land into the Kingdoms of Castille or Arragon, shall be bound to pay such Duties in the Port where they first enter the said Kingdoms, as were paid there in the time of Charles the Ilnd, or else such as shall be established by the new Book of Eates. ARTICLE IV. Hiring of Houses and Warehouses. The Catholic King consents and promises, that for the future it shall always be lawful for the Subjects of Great Britain, living in the Provinces of Biscaya and Guipuscoa, to hire houses or warehouses fit for the preservation of their merchandise, and His Majesty will, by renewing his orders to that purpose, take effectual care that it shall be in their power to do this in the like manner, and with the same privileges with which the said British Subjects, by virtue of the aforesaid Treaty of 1667, or of any Diploma or Ordinance granted by Their Catholic Majesties, did enjoy, or ought to have enjoyed, that liberty in Andalusia, or in any other Ports and Places of Spain whatsoever. The Subjects of Spain shall enjoy the same liberty in any Ports and Places of Great Britain, with all the privileges belonging to them by the aforesaid Treaty. ARTICLE V * lliglits " de Alcavalos and Cicntos! 9 To prevent abuses in collecting the rights called " de Alcavalos and Cientos," His Catholic Majesty consents that the Subjects of Great Britain who shall bring their wares into any Port of Spain, wet or dry, in order to sell them by wholesale, shall have their choice, whether they will pay the said Eights " de Alcavalos and Cientos," in the first Place or Port that they arrive at, or else according to the Laws of Castille, at the place where, and at the time when they are sold ; which said rights shall be the * See Queen Anne's Ratification of this Treaty on p. 842. December 0, 1713.] SPAIN. 835 same as were paid in the time of King- Charles the llnd. And it is further agreed, that the Subjects of Great Britain may send or carry the wares, for which the said rights " de Alcavalos" have once been paid, into any Port or Place whatsoever, belonging to His Catholic Majesty's Dominions in Europe (in order to sell them there by wholesale) without any molestation or repetition of the said Duties, or exaction of any others, for the first sale ; provided, however, that they who carry the said wares shall bring .Receipts or Certificates from the Farmers or Commissioners of the Custom-houses, from whence it may appear that the said rights have been paid for those wares, and likewise other Certificates, proving that the said wares have not yet been sold ; but if any Merchant sells his wares by retail he shall be bound under such penalties as are inflicted by Law, to pay all the local and municipal Duties which are du*e and customary at the sale of them, together with the Rights " de Alcavalos and Cientos," and all others whatsoever. His Catholic Majesty farther consents, that if after the Certificates above-mentioned have been shown, any Officer or Gatherer of Duties shall exact the said rights again, or shall give any trouble, or stop the passage of the wares on that account, the Officer guilty of the said fault shall incur the penalty of 2,000 ducats, payable to the use of His Majesty's Chamber, or of the General Hospital at Madrid ; the Notaries of the Custom-houses, or the Contraband, shall not receive above 15 reals vellon for despatching the said Certificates, unless it shall be otherwise agreed in settling the new Book of Kates. . ARTICLE VI. Rupture of Friendly Relations. Position of Persons and Property. And as the Subjects of Their Majesties are to enjoy on both sides, an entire, secure, and unmolested use and liberty of navigation and commerce, as long as the Peace and Friendship entered into by Their Majesties and their Crowns shall continue, so likewise Their Majesties have provided, that the said Subjects shall not be deprived of that security for any little difference which may possibly arise, but that they shall, on the contrary, enjoy all the benefits of Peace until War be declared between the 2 Crowns. And it is further agreed, that if it should happen (which God prevent) that War should arise, and be declared between Their Majesties and their Kingdoms, then according to the contents of the XXXVIth Article of the afore-mentioned Treaty of 1667, after the declaration of such a rupture, the space of 6 months shall be allowed to the Subjects of each Party residing in the Dominions of the other, in which they shall be permitted to. withdraw with their Families, goods, merchandises, effects, and Ships, and to transport them, after having paid the due and 836 SPAIN. [December?, 1713. accustomed Imposts, either by sea or land, to whatsoever place they please, as they shall also be suffered to sell and alienate their moveable and immoveable goods, and freely, and without any disturbance, to carry away the price of them ; nor shall their goods, wealth, merchandises, or effects, much less their persons, be in the mean time detained or molested by any seizure or arrest. Moreover, the Subjects of each side shall in the mean time enjoy and obtain quick and impartial justice, by means of which they may, before the expiration of the 6 months, recover the goods and effects which they have lent, either to the Public or to Private Persons. ARTICLE VII. Compensation for Losses Sustained at Beginning of Late War. And it is further agreed, that all the losses which the Sub- jects of either Crown shall duly prove that they have sustained in the beginning of the late War (contrary to the tenour of the XXXVlth Article of the above-mentioned Treaty), whether they consisted of moveable or immoveable goods, shall be reciprocally made good, without any delay, to them, their lawful Procurators, Heirs, or those to whom their cause is intrusted, and restitution shall be made of those goods, whether lands, buildings, or inheritance, or of what sort soever they are, which remain and were confiscated, and the just and lawful price of those goods which cannot be recovered, whether moveable or immovable, shall be paid ; and Their Majesties have articled and agreed that the said payments (the pretensions to them being, as is aforesaid fully proved), shall faithfully be performed and made by their Treasurers on each part. ARTICLE VIII.* " Millon " Duties on Fisli, fyc, It is agreed, and His Catholic Majesty will give effectual orders to that purpose, that the Duties upon fish and other provision, called Millon, shall not be demanded in the place where the said wares first arrive ; but the said Duties shall be paid according to the ancient custom established by Law, only in the place of consumption, and when the wares are sold, and not before. ARTICLE IX. Duties on Merchandize not Mentioned in Tariff. His Catholic Majesty promises that those Merchandizes which are not particularly mentioned in the Catalogue of Rates, which is to be made according to the Illrd Article of this Treaty, shall * See Queen Anne's .Ratification of this Treaty on p. 843. December 9, 1713.] fclPAiN. 837 be charged with the same Duties in proportion to their value, and no greater than those which are laid upon merchandises named in the said Catalogue of Kates. And if any difference arises between the Farmers of the Custom-houses, or Commissaries, and any Merchant, concerning the value of any wares, it shall be in the choice of the Merchant to sell his wares to the Farmer or Commissary at the price the Farmer of the Custom-house valued them at, (which price shall be immediately paid in ready money, the Duties only deducted,) or else to give part of his merchandises at the rates set upon them, as hath been mentioned, to the Farmer or Commissary, instead of the Duty, and retain the rest. AETICLE X. Duties in Spain on Wares from Africa. It is agreed, that in case the British Subjects shall bring any wares from any part of the coasts of Africa into Spain, and the same shall be admitted to pay the Duties, those being duly paid, the said wares shall not afterwards be charged, either by the Captains- General of the Coasts, or Commanders of the Harbours, or any body else, with any other Duties, under what name or title soever, excepting such as are payable in general, for all wares of the same sort, at the time of their sale. ARTICLE XL Spanish Customs Formalities. The Masters of Merchant Ships who shall enter into any Port of Spain with their Ships, shall be obliged within 24 hours after their arrival to deliver 2 Declarations or Inventories of their wares, or of that part of them which they are to unlade there, viz., one Declaration to the Farmer of the Custom-houses or Com- missary, and another to the Judge of the Contraband, nor shall they open the hatches of their Ships till they either have Searchers with them, or have leave given them by the Farmer of the Custom-houses to do it. No wares shall be unladen with any other view than that of being immediately carried to the Custom- houses, according to a permission which shall be given in writing, for that end. It shall not be lawful, however, for any of the Judges of Contraband, or other Officers of the Custom-houses, under any pretence whatsoever, to open any bags, chests, hogs- heads, or other covers of any wares whatsoever, belonging to the Subjects of Great Britain, while they are cairying to the Custom- house and before they are brought thither, and the Proprietor of them, or his Factor, is also come, who may discharge the Duties and take the goods into his own custody. But the said Judges of Contraband or their Deputies, may be present when the wares are taken out of the Ships, and also when they are declared and laid open in the Custom-house, and if there be suspicion of deceit, as 838 SPAIN. [Dec-ember '.), 1713. that it i.s de&ign^d to lay open one merchandise instead of another, it shall be lawful for him to open all the hags, chests, and hogs- heads, so this he done in the Custom-honse and no other place, and in the presence of the Merchant, or his Factor, and not otherwise. But when the goods have been exposed, and carried away from the Custom-house, and the chests, hogsheads, or other covers containing them, have been marked with the sign or seal of the proper Officer, no Judge of the Contraband, or other Officer, shall presume to open them -again, or to hinder them from being carried to the Merchant's house. Neither shall it be lawful for them, under any pretence whatsoever, to hinder the said goods from being carried from one house or warehouse to another, within the walls or com- pass of the said City or Place, provided that be done between the hours of 8 in the morning and 5 in the evening, and previous notice be given to the Farmers of the rights " de Alcavalos and Cientos," of the intent with which those goods are removed, to wit, whether it be that they should be sold, that in that case those Duties if not paid before, may be paid there or at the place of sale ; or if they are not to be sold, then a Certificate may be given, after the usual manner, to the Merchant. Furthermore it shall be law- ful . to carry wares from any Port or Place within the King of Spain's . Dominions to any other Port or Place, either by sea or land, under such conditions as are expressed in the Vth Article of this Treaty. AETICLE XII. Import Duties in Canary Islands. The Duties upon merchandise brought into the Canary Islands, exported from thence by British Subjects, shall not be greater than those that were paid in the Reign of the late King Charles the Ilnd, or such as shall become payable by the new Book of Eates. ABTICLE XIII. Payment of Debts contracted before late War or within Six Months of its commencement. The subjects of each of Their Majesties who are in debt to the Subjects of the other, whether the debts were contracted before the beginning of the said War, or within the space of 6 months after it was begun, (or during the War, under the protection of Letters of Safe Conduct,) or lastly, after a truce was made between the 2 Crowns, shall be bound and obliged faithfully to pay the same, in the same manner as if War had never arose between the 2 Crowns, nor shall they be permitted to raise any exceptions against the just demands of their Creditors on pretence of the War. APtTICLE XIV. British Subjects may settle in St. Ander. His Catholic Majesty gives leave to the Subjects of Great Britain to settle themselves, and dwell in the Town called December 9, 1713.] SPA1K. 839 St. Auder, "upon the terms that arc expressed in the IXth and XXXth Articles of the Treaty of 1667. ARTICLE XV. Appointment of Judge Conservator, Sfc. Most-favoured-nation Treatmen t. Administration of Justice. As to the Judge Conservator, and others to be substituted by him, if this privilege be granted to any other Foreign Nation what- soever, the Subjects of Great Britain shall likewise enjoy it. In the mean time however, and until something certain shall be determined in this matter, His Catholic Majesty will give express orders to all and every one of the Judges of His Kingdom, and to all others whomsoever who are any ways concerned in the admin- istration or execution of justice, and shall enjoin the same, under the strictest penalties, to do justice, and cause it to be executed, without any delay, partiality, favour or affection, in all Causes relating to the Subjects of Great Britain. The Catholic King consents, that Appeals from Sentences in Causes concerning the British Subjects, may be brought before the Tribunal of the Council of War at Madrid, and no where else, AKTICLE XVI. Penalties for Violation of Treaty. If any Minister or other Subject of Her Majesty of Great Britain, or of His Catholic Majesty, shall violate this Treaty, or any Article of it, he shall be responsible for all the damage occa- sioned by it, and if he be placed in any public office, he shall, besides making satisfaction to the injured Party (as is aforesaid), be deprived of his office also. ARTICLE XVII. No Spanish Duties on Transhipment. The Subjects of Great Britain having brought by sea from any other Port in Spain, wine, brandy, oil, soap, dried grapes, or other merchandises, and producing Certificates that the Duties were paid at the place whence they set sail, shall be suffered to put the same into their Ships lying at Cadiz, or there to remove them from one Ship to another (with the consent of the Inspectors of the Maritime Affairs, and in the presence of them, or their Deputies, if they have a mind to be there, and at a seasonable time, to be appointed by the said Inspectors wit bin 24 hours, in order to prevent all frauds whatsoever,) and to carry away from thence, with this liberty, that they shall not pay the Duty called Hondeaxe, or airy other of entrance or going out. 840 M'AIN. [December 9, 1713. The present Treaty shall be ratified by the Most Serene Queen of Great Britain, and the Most Serene Catholic King, and the .Ratifications shall be exchanged at Utrecht, within 2 months, or sooner if possible. In witness whereof, we the underwritten Ambassadors Extra- ordinary and Plenipotentiaries of the Queen of Great Britain and the Catholic King, have signed and sealed this present Instrument, at Utrecht, the - 2 /th day of ^~~~, 1713. (L.S.) JOH. BRISTOL. (L.S.) DUQUE DE OSSUNA. (L.S.) EL MAEQUES DE MONTELEONE. WE, having seen and considered the above-written Treaty, have approved, ratified, and confirmed the same, as we do by these Presents, for Ourselves, our Heirs and Successors, approve, ratify, and confirm it, excepting only 3 Articles thereof, viz., the Illrd, Vth, and Vlllth, concluded at Utrecht, which are to be observed and understood in the manner and form following : ARTICLE III. Liberty for British Subjects to Trade throughout Spanish Dominions. Whereas by the late Treaty of Peace it is agreed and estab- lished as a basis and foundation, that the Subjects of Great Britain, in what regards commerce, shall enjoy the same liberties and privileges which they enjoyed in the Eeign of King Charles the Ilnd, in all parts of the King of Spain's Dominions, which rule is what is also to serve for a basis and foundation of the present Treaty of Commerce, and is to be understood reciprocally in favour of the King of Spain's Subjects trading in the Dominions of Great Britain. And as nothing can contribute more to establish the commerce to a mutual benefit than a fixed, clear, and easy rule in paying the Duties, especially on a moderate footing, and propor- tionable to the value of the merchandise, in order to prevent the frauds that otherwise would be practised, to the prejudice of the Revenues of either Crown, which has been often experienced in Spain, where the established Duties by the ancient Books of Rates are excessive ; in consideration whereof His Catholic Majesty, being desirous to avoid the like consequences, and to favour, augment, and facilitate, in all that depends upon him, the com- merce, in as ample a manner as Her Britannic Majesty desires, hath consented, on his part, to suppress and make void the different Duties payable upon importation and exportation, contained in the ancient Books of Rates, as also those that have been imposed since, under any name or pretence whatsoever, and content himself with one only Duty, to be paid on importation of all goods and merchandise, after the rate of 10 per cent, of their value ; and the like Duty upon all goods and merchandise which shall be exported out of his Dominions, whether the valuation be made by weight December 9, 1713.] -SPAIN. 841 measure, piece, or ad valorem ; and the same Duty shall be collected in all the Ports of entry in Spain, comprehending those of Arragon, Valencia, and Catalonia, excepting out of this general rule Biscaya and Guipuscoa whose Duties of importation and exportation are to remain as they were in the time of Charles the Ilnd. And that the said 10 per cent, being once paid, the Farmers or Officers of the Custom-houses where those goods shall be entered, shall be obliged to mark the same with the proper Seals and Marks of their office, and also give the requisite Despatches ; by virtue of which the Proprietors of the goods may freely transport them to all the other parts of Spain where they please, without being liable to pay any other Duty, imposition, or charges to the use or benefit of His Catholic Majesty, in any Ports or Parts of Spain whatsoever, in respect of transporting the said merchandise, over and above what they have paid in pursuance of this new Arancel, provided the receipts and marks are produced ; in default of which, they shall be esteemed to be fraudulently transported. But it is to be understood that it is not to extend to the Alcavalas, Cientos, and Millones, in relation to which provision is made in the Vth and VHIth Articles of this Treaty. And for as much as the Ambassador of England hath repre- sented, that to avoid all differences and disputes for the future, it is absolutely necessary to establish a certain valuation or rate of the several sorts of merchandise, by which the said Duty of 10 per cent, shall always be paid, and not altered, either by means of the augmentation or diminution of the price of the said merchandise, which may hereafter happen in the commerce, in any time, or in any part of the Kingdom ; it is agreed by Their Catholic and Britannic Majesties, by their Ambassadors, that in the term of 3 months from the Piatification of this Treaty, or sooner if possible, Commissaries named and authorized by both Their Majesties in due form, shall meet at Madrid or in Cadiz, who, without loss of time, shall proceed to the forming a new Book of Rates, in such a manner as to fix and limit what shall be paid for the future on all sorts of merchandise, as well upon impor- tation as exportation ; and so as that all the different Duties which were payable, either before or in the time of Charles the Ilnd, or since, under whatsoever name or pretence, or collected in different Custom-houses or offices, shall be comprehended in this only Duty, payable in one sum, whether upon importation or exportation, in all the Ports of Spain, and shall extend to the Kingdoms of Arragon, Valencia, and Principality of Catalonia, and their Dependencies, excepting only the Provinces of Guipuscoa and Biscaya, of which mention has been already made. And whereas great instances have been made by the Ambassador of Great Britain, that directions be given to the said Commissaries, that they take care, and above all, do observe as a fixed rule, that this Duty be laid equally and generally in all the Ports and Custom-houses of Spain, upon the importation and exportation of all goods and merchandise, after the rate of 10 per cent, of the value which such goods and merchandise bear in the course of 842 SPAIN. [December 9, 1713. trade, between the Merchants of Cadiz and Port St. Mary's, to which the Ambassadors of Spain have consented ; always provided, that the goods and commodities which shall be imported into the Kingdom of Spain by the Ports of Biscaya and Guipuscoa, and afterwards transported into the other Provinces depending on the Kingdoms of Castille and Arragon, shall be obliged to pay at the first Custom-house of entry into the said Kingdoms, the Duties which shall be established in this new Book of Bates, ARTICLE V. " Alcavalas and Cientos " Duties. To prevent the abuses that may be committed in collecting the Duties called Alcavalas and Cientos, His Catholic Majesty consents that the Subjects of Her Britannic Majesty shall not be obliged to pay these Duties during such time as they think fit to let their merchandise remain in the magazines of the Custom- houses appointed for that purpose ; but when they shall think fit to take out the said goods, either to be transported farther into the Country, sell them in the same place, or carry them to their own houses, it shall be permitted them so to do, upon giving his Bond, with sufficient security, to pay the said Duties of Alcavalas and Cientos for the first sale in 2 months after the date of his Bond, upon which he shall have receipts given him for the said Duties, and the goods shall be marked with the proper Mark and Seal of the Farmers of the said Alcavalas and Cientos, where such Bond and security shall be given for the first sale, after which the said merchandise may be transported and sold by wholesale in any Port or place belonging to the King of Spain in Europe ; and that no obstruction or hindrance shall be made upon account of the said Duties, nor the Proprietor liable to pay a second time in respect of the first sale, provided those who carry the said merchandises produce the receipts and marks of the Farmer or proper Officer concerned in the collection of thess Duties, or making sufficient proof of their not being sold before. But if, on the contrary, any Merchant do sell his goods by retail, he shall be obliged to pay the said Duties of Alcavalas and Cientos a second time, under the pains established by the Laws. And His Catholic Majesty declares that if any Officer of the Alcavalas and Cientos shall exact a second time the said Duties on the same merchandise, when the said receipts and marks have been produced, or should obstruct their passage, or transportation, or occasion the least impediment, such Officer shall be fined 2000 crowns to the benefit of His Majesty's Eevenues. And the Officers of the Custom-houses shall not demand or take for making such receipts or certificates more than 15 reals vellon, unless it be otherwise settled in the new Book of Bates. December 9, 1713.] SPAIN. 843 ARTICLE VIII. " Millones " Duties on Fish, fyc. His Catholic Majesty consents, that the Duties commonly called Millones, which are payable upon fish and other sorts of domestic provisions, shall not be demanded in the first Ports or Custom- houses of entry In Spain, during such time as the proprietors will let them remain in the warehouses appointed for that purpose. But in case the Owner shall desire to take them out, either to send into the Country, sell them on the place, or carry them to their own houses, they are then to give Bond, with good security, to pay the said duty of Millones in 2 months after date of the said Bond, upon which the necessary Despatches are to be given them. And the said merchandise shall be marked with the Seals or Marks of the Farmers of the Millones where the said Duties were secured, after which the said goods may be transported to and sold in the places where they are to be consumed, without paying any new Duties of Millones. His Majesty also declares, that if, after the receipts are produced, any Officer belonging to the Farmers of the Millones should exact a second time the same Duties on the same goods, or should oppose their passage, transport, or sale, or occasion the least impediment, the said Officer shall be fined 2000 crowns, for the benefit of His Majesty's Eevenue. Therefore, by virtue of these Presents, we do approve and ratify the Treaty above-written, as likewise the 3 Articles, viz., the Illrd, Vth, and VIITth, as they are set forth in this Instrument of Ratification, and are to be taken as part of the said Treaty, and to have the same force and effect as if they had been inserted therein : promising and engaging our Royal word, that we will faithfully and religiously perform and observe all and singular the things agreed upon in this Treaty, and that we will not suffer the same to be violated by any one, as far as lies in our power. For the greater testimony and validity whereof, we have caused our Great Seal to be affixed to these Presents, which we have signed with our Koyal hand. Given at our Castle of Windsor, the 7th day of February, 17-J-J, in the 12th year of our Reign. ANNE R. SEPARATE ARTICLE. BY the present Separate Article, which shall be altogether of the same validity and force as if it was inserted word for word in the Treaty of Commerce this day concluded between Their Royal Majesties of Great Britain and Spain, and shall for that end be ratified, as well as the said Treaty ; His Catholic Majesty consents, that it shall at all times hereafter be lawful for the British Subjects who shall live in the Canary islands, for the sake of their trade, to nominate some one Person, being a Subject of Spain, who shall execute the office of Judge Conservator there, and $hall at the first instance take cognizance of all causes relating to the commerce of the British Subjects; and His Royal Majesty 844 SPAIN. [Dec. 9, 1713. Doc 14, 1715. promises, that he will grant Commissions to such Judge Conservator so named, together with the same authority and all the privileges which the Judges Conservators have formerly enjoyed in Andalusia. And if the British Subjects shall desire to have more Judges of that sort there, or to change those that are appointed every 3 years, it shall be allowed and granted them. His Catholic Majesty consents, likewise, that Appeals from the Sentences of the said Judge Conservator shall be brought before the Tribunal at the Council of War at Madrid, and no where else. In witness whereof we, the underwritten Ambassadors Extraordinary and Plenipotentiaries of Her Sacred Majesty of Great Britain, and of His Sacred Catholic Majesty, have signed and sealed these Presents at Utrecht, the - 2 / da 7 of JSr> 1713 - (L.S.) JOH. BEISTOL. (L.S.) DUQUE DE OSSUNA. (L.S.) EL MAKQUES DE MONTELEONE. No. 157. TREATY OF COMMERCE BETWEEN GREAT BRITAIN AND SPAIN, Signed at Madrid, December 14, 1*715. WHEREAS, since the Treaties of Peace and Commerce, lately concluded at Utrecht, on the 13th of July and 9th of December,- 1713, between His Catholic Majesty and Her late Majesty the Queen of Great Britain (of glorious memory) some differences remained about commerce, and the cause thereof ; Their Catholic and Britannic Majesties, being inclined to maintain and cultivate a firm and inviolable Peace and friendship, have (for attaining so good an end) by the 2 Ministers reciprocally and in due form authorized for this purpose, caused the following Articles to be concluded and signed : ARTICLE I. Import and Export Duties in Spanish Ports. The British Subjects shall not be obliged to pay higher or other Duties for goods which they shall bring in or carry out of the several Ports of His Catholic Majesty, than those which they paid for the same goods in the time of King Charles II, settled December 14, 1715.] SPAIN. 845 by Cedulas and Ordinances of the said King or his Predecessors ; and though the favour or allowance called Pie del fardo be not founded on any Royal Ordinance, yet His Catholic Majesty declares, wills, and ordains, that it shall be observed now and for the future as an inviolable Law ; which Duties shall be demanded and collected, now, and for the future, with the same advantages and favours to the said Subjects. ARTICLE II. Confirmation of Treaty of 1700 between British Merchants and Magistrates of St. Ander. His Catholic Majesty confirms the Treaty made by the British Merchants with the Magistrates of St. Ander, in the year 1 700. ARTICLE III. British Subjects may Gather Salt in Island of Tortudos. His Catholic Majesty allows the said Subjects to gather salt in the Island of Tortudos, they having enjoyed that permission in the time of King Charles the Ilnd without interruption, ARTICLE IV. Duties to be Paid by British Subjects National Treatment, The said Subjects shall not any where pay higher or other Duties than those which His Catholic Majesty's Subjects pay in the same place. ARTICLE V. Privileges, Immunities, Exemptions, &c., under Eoyal Cedulas and Ordii i a nees. Most-favou red-na tion Trca tment. The said subjects shall enjoy all the rights, privileges, fran- chises, exemptions and immunities whatsoever, which they , enjoyed before the last War, by virtue of the Royal Cedulas or Ordinances, and by the Articles of the Treaty of Peace and Commerce, made at Madrid, in 1667, which is fully confirmed here ; and the said Subjects shall be used in Spain in the same manner as the most favoured Nation, and consequently all Nations shall pay the same Duties on wool and other merchandise which shall be brought into, or carried out of these Kingdoms by land, as the said Subjects pay on the same goods which they shall import or export by sea ; and all the rights, privileges, franchises, exemp- tions, and immunities, which shall be granted or permitted to any Nation whatever, shall likewise be granted and permitted to the said Subjects ; the same shall be granted, observed, arid permitted to the Subjects of Spain in the Kingdoms of His Britannic Majesty. [536] 3 K 846 SPAIN, [December 14, 171S, ARTICLE VI. Comm ercial Innovations. And as there may have been innovations in commerce, His Catholic Majesty promises to use all possible endeavours on his part for abolishing them ; and for the future will, by all sorts of means, cause them to be forborne. In the like manner His Britannic Majesty promises to use all possible endeavours for abolishing all innovations on his part, and for the future will by all sorts of means cause them to be forborne. ARTICLE VII. Confirmation of Treaty of December 9, 1713, with Certain Exceptions. The Treaty of Commerce made at Utrecht, on the 9th of December, 1713, shall remain in force, those Articles excepted which shall appear to be contrary to what is concluded and signed this day, which shall be abolished and of no force, and especially the 3 Articles commonly called Explanatory ; and these Presents shall be approved, ratified, and exchanged on both sides within tbfe term of 6 weeks, or sooner if it be possible. In witness whereof, and by virtue of our Full Powers, we have signed these Presents at Madrid, on the j 3 T day of December, 1715, (L.S.) GEORGE BUBB. (L.S.) EL MAKQ. DE BEDMAE, Annex. TREATY BETWEEN THE BRITISH MERCHANTS AND THE MAGISTRATES OF ST. ANDER, SEPTEMBER 12, 1700. [Referred to in Article II of the preceding Treaty of I4th December, 1715.] (Translation.) ARTICLES arranged by the Magistracy and Ayuntamiento of the Town of Santander with different Merchants of the English Nation, Residents of the Town of Bilboa, on the subject of removing their intercourse, commerce, and residence to Santander, offering them for that object various favours and advantages. In the said Town of Santander, 12th September, 1700. In the very loyal town of Santander, on the 12th day of the month of September, 1700, the Magistracy and Administration thereof, especially and particularly Captain Don Manuel Antonio de Santian, Knight of the Order of Santiago, as the most ancient Regidor, exercising the office of Ordinary- Alcalde ; Captain Don Juan Antonio de Toraya Yereterra ; Captain Don Fernando de Herrera ; Carreto de Cevallos ; Don Juan Manuel de Gevallos Guzman, and the Ensign Don Antonio de las Cabadas, Regidors ; and Don Antonio de Campuzano Riva Herrera, Knight of the Order of Santiago ; and the Count de Mansilla, Lord of the Town of Zerezo, Syndic Procurator- General ; assembled in the Capitular Hall of the Ayuntamiento of this City ; December 14, 1715.] SPAIN, having previously conferred with the Knights and other Persons who were called and convoked to an Open Council, to whom were notified, and caused to be notified all the Articles and Stipulations that herein shall be inserted, on the one part ; and on the other, Don Rodrigo Slingar, Don Daniel Dambrin, Don Guillermo Gotoclin, Don Andres Brughton, Don Henrique Vito, Don Roberto Earle, Don Gilberto Gronies, Don Abraham Lordoll, Merchants of the English Nation ; who said that, inasmuch as they had come to confer and treat with the said Magistracy and Administration, thereof, and other Inhabitants, about therein settling their abode, and the trade which they carry on in the Town of Bilboa, in the Lordship of Biscay, as well on the part of themselves, as for those who at present reside in the said Town of Bilboa, and in future should wish to come to Santander, in conformity with the order which they have obtained for that effect ; to whom they gave consent and security, in form, that they will hold by and act according to all that is treated of and arranged with the said Magistracy and Administration thereof ; and having for that purpose conferred with all the Gentlemen of the Open Council, for the greater service of God, of His Catholic Majesty the King our Lord, and for the good and utility of his Kingdoms, and of the Inhabitants and Natives of this City and its jurisdiction, the putting into execution, on both sides, of what follows is assented and agreed to. ART. I. In I the first place, this Town, its Ayuntamiento, Council, and Inhabitants in general in Open Council, having been informed, by public Documents laid before them by the said Gentlemen, Merchants of the English Nation, that, if they shall be well treated and conveniently attended to in this City, they will come thereto by consent, together with their persons, houses, and Families, removing their trade, connections, and correspondences, from the Town of Bilboa, where they at present carry them on ; and this City aforesaid, well understanding that such can redound and does redound to the public advantage of these Kingdoms, and to the greater service of His Majesty (whom God preserve), and to the considerable advantage and utility of its Inhabitants, and the Dwellers therein ; for which cause, in so far as depends on its part, it concedes and grants that they shall enjoy, and that they do enjoy the same conveniences, emoluments, and immunities, which are enjoyed and possessed by the People, Inhabitants and Natives thereof, without any difference, tax, or burden being imposed, or any other annual charge, in whatever may depend on its political government. II. Also it concedes and grants to those who are or may become Roman Catholics, and who, with their Wives, Household, and Family, have com- pleted 5 years of residence therein, that they may have liberty to enjoy and obtain the honourable offices thereof, and a voice, and active and passive vote, in conformity with the custom and Charter of Election which it possesses, to enable it to distribute the said offices among its Inhabitants. III. Also to those who may not be Roman Catholics, it will allow the same usage and treatment which is observed towards them in the Cities of Seville, Cadiz, Malaga, and the Ports of Andalusia, conformably to certain of the Articles contained in the Treaties of Peace and agreement that exist between this Crown and that of England, and that too in the same sense and declarations which are therein set forth in that respect ; and as the same is described in other Articles made in favour of the Hanse Towns and Cities, and the United Provinces, which are to be understood as above referred to. IV. Also this Town, being correctly informed of all the Articles, Agreements, and Treaties of Peace between the said 2 Crowns, and others referred to, and of the other privileges, exemptions, and liberties, which are granted to the said English Nation, and to its Merchants, by the Kings passed, and by the Very Catholic one our Lord and Monarch Don Carlos IT, by different Cedulas, Privileges, and Patents, which have been exhibited, the which are proved by Testimonials and other Instruments ; this Town from henceforth consents that, towards all those who may come to dwell therein by consent, in order to traffic in its District, Term, and Jurisdiction, Without any alteration, may be fully ensured, complied with, and observed [536] 3 K 2 848 SPAIN. [December 14, 1715. all in general which is supposed to be inserted in this Treaty ; and it wil never allow that they be injured or annoyed in any way, but, on the contrary, that every assistance and aid shall be given to them for their defence, so that they have the perfect effect and full observance, which is conducive to their quiet and free commerce. V. That in the cases which occur touching the said commerce, policies of Ships, securities, and other things, they shall abide by whatever may be determined by the Judge Conservator whom they shall have, assisted by 2 or more Persons, who shall be named for the purpose of the said Foreign commerce ; the whole truth being divulged as to every thing, and good faith being observed. VI. Also it is conceded to them, in conformity with the aforesaid tbeir privileges, that His Majesty will give and appoint a private Judge Conservator to be elected for their causes, law-suits, and business that may occur, according as, and in the way which, the Merchants of the City of Seville, and other Ports of that Coast, have them ; and with the Declara- tions contained in the aforesaid Cedulas and favours granted to the said Merchants. VII. Also if (which may God not bring to pass or permit) at any time War should take place between the 2 Crowns, this Town, in so far as it can consistently with the faith and loyalty which it owes to its King and natural Lord, will assist the said Merchants, and give them every facility and good treatment which may be in its power, as well within the said City and its Jurisdiction, as in the representations which it may present to the King and his Ministers, in order that they may be treated with the greatest equity and benignity, protecting their effects and business, in as far as it is possible and permitted, and that by the means which may appear to it most befitting such an occasion ; and in all cases the Articles of Peace shall be attended to which are stipulated on this point, giving them the space of 6 months, which is allotted to them, for the withdrawal of their property, Persons, and Families. VIII. Also, in order to show every favour to the said Merchants, and to those of their Nation and others who may join the trade of this Town, it shall be conceded and allowed to them, to build private houses therein, in conformity with the power which is accorded to it by the Laws of these Kingdoms ; and the Magistracy and Ayuntamiento will give and mark out lands and estates, whereon they may construct, in their own way, the dwellings and gardens which are necessary, and to which their power extends ; and it is moreover granted that they may purchase manufactories, and reside in them, or in dwelling houses, inns, or hired houses, without their being obliged to live with the Inhabitants, or to incur charges for lodging, guards, or for other things, be they what they may, and that they may employ for their service male or female Servants, in the same form which is permitted to them, and as is done by the English Merchants in the Cities of Seville, Cadiz, and in the other parts of Andalusia. IX. It is also granted them, that all the merchandise which they may bring, or which may arrive at the Port and Jurisdiction of this Town for the account of the said Merchants forwarded or consigned to any of them, or from Foreigners in these Kingdoms, may by them be shipped from Vessel to Vessel in this Port, as shall seem best to them, without their paying for the same any Duties but those which may lawfully be collected and recovered for this Town by its legal Collectors, or any other Duties whatsoever, unless arising from the List of Liabilities ; and also they may warehouse the said merchandise and goods, and again withdraw them, when they shall think proper, without paying for them the said dues, or any other Contributions of the nature of those referred to or suppressed ; and the same is understood, and is to be understood as to Vessels which may enter the said Harbour with any kind of provisions and other merchandise ; with which goods, should they not be wanted, or should no convenience be ready for their disposal, they shall be allowed freely to depart again. X. And also it is conceded and granted to the said English Merchants, that they may carry on their correspondence and commissions in all parts of the north of these Kingdoms, and others at Peace with them, and may December 14, 1715,] SPAIN. 8 19 receive the goods which may come addressed and consigned to them, sell and embark them, and proceed therewith from this Town to the Provinces of Castile, and other parts of the Kingdom, as they may judge best, without any limitation or restriction. XL And inasmuch as the said Merchants, having to remove and transfer their residence from the Town of Bilboa to that of Santander, and the former Town being exempt and free from Contributions and Royal Tributes, in which they enjoyed that advantage ; therefore this Town, wishing to corre- spond on that point in all that is possible, and desiring to attract commerce for the greater benefit of the Public of these Kingdoms, and the augmenta- tion of the Royal Treasury and its Possessions, by trafficking and trans- porting goods through lands not exempt or privileged unto the very site of this Town, and to all the parts of it ; for the causes set forth, and this said City understanding that service is done thereby to His Majesty, -it grants, stipulates, and promises to the said Merchants, that the liabilities placed to their account and charge for what relates to the Duties of Alcavalas, Cientos, and Millones, shall not be levied on what they may traffic in, deal in, sell, or exchange, except with regard to the 1 per cent., and the limitations and notices which remain and shall be set down in these Articles and Agree- ments ; and in order to ensure to them this advantage, and that, moved thereby, they may come to this Town and carry on their trade therein, this Town will solicit that, at the same time that proceedings are taken for the approval of these Articles in the Council, the manner and form may be settled and granted to them, whereby in future they are to be bound in respect of Contributions and Royal Taxes, and that it be certain and unalter- able ; and this being obtained (as it is hoped that it will be) from the great love and zeal with which His Majesty has always contemplated this Town and Port, and for the causes of the greater public benefit, and augmentation of the Royal service, and for other urgent reasons which exist, and shall be represented ; in such case of obtaining it (as is not to be doubted,) the said justice and equity shall be preserved to the said Merchants, and, for the said cause and others, no more amount of money or taxes, except the 1 per cent, on all which they sell and deal in, shall be levied from them, always remaining excepted and reserved, whatever they may sell and exchange among themselves, for which they have not to pay any Duties or other Taxes, because it is so stipulated in the supposition of that which we have mentioned and referred to. XII. And in order to benefit still further the said Merchants, this Town also grants and concedes to them that they may take away the produce of this land, even should they buy it for that purpose, without any Taxes or Duties being levied upon the said Merchants, inasmuch as the Town Dues of the gi'ound are to be paid by such as sell the produce, and bring it to this said Town, and its Jurisdiction, and they shall only pay what is customary, and can be and is usually levied for the Town Dues aforesaid. XIII. Also, that for the said produce, and other goods, which the said Merchants may disembark, they are only to pay the Town Dues called of Sea, and for that at the rate of 1 real vellon, wiiich is stipulated for every sack of wool, of the value of 600 reals of silver, and 900 of vellon ; so that, for that no more may be levied from them, than in the said ratio for the said Town Dues of Sea. XIV. Also it is one of the said conditions, in order to avoid doubts and other inconveniences which might embarrass the said commerce, that any goods and merchandise, of whatever quality soever, shall not be chargeable with Duty at the time of discharging the cargo, nor afterwards, for any Dues of 10 per cent, or Harbour Fees, although here in this Town they be consumed and sold ; only for those which depart herefrom, and shall be transported to the Provinces of Castile by the Persons who transport them or for whose account they may be, who must carry their Cocket and Certificate, and pay Duty and Fees in the Custom-houses of the 'Interior, which are regulated in the passage and transits as stated ; and thus it is set down and agreed, since it has not been the usage and custom, that no occasion may arise to contravene it ; and it is declared that the goods and merchandise which may come and be transmitted to the said Merchants 850 SPAIN, [December 14,1715. from other parts of the Sea, may and can be again embarked at liberty, and be sent to the places which may be arranged, without paying any Dues of 10 per cent, or others, because in this case they do not owe them. XV. Also this City stipulates that the Merchants who may purchase merchandise, to transport to the lands of Asturias, Galicia, and other parts by sea, shall have permission and liberty to carry them without their paying, for that reason, any Dues for the persons who may purchase them, which are to be settled by those who sell them, as well Royal Duties as Town Dues. And because the said Merchants may bring a considerable quantity of wools from the parts whicli may suit them, and others purchase them in this City, from the Persons who may bring them, to sell them in exchange for goods and money, it is stipulated that neither for the one, nor the other, have they to pay, or shall they pay, more than a real vellon for each sack, on account of the Town Dues of this Town, whether it be for those of sea, or for those of land, inasmuch as neither for the one or the other have they to pay more, or shall they be made to pay more, or other Duties, on account of the Duties of Cientos, Alcavalas, or for other causes, but only the said real vellon which is due by the Carrier or Transporter of the said wools, for what is called the Pie de mulo ; and to the end that the said Merchants may obtain greater advantages, and be exposed to less inconveniences, this City will contribute on its part with the necessary Official Letters and Representations, in order that His Majesty and the Farmers-General of Revenue may regulate, and provide how the said 10 per cent, and other Duties, and all others in respect of the said wools, and laid thereupon, shall be paid in this Town, at the time of embarkation, and for the goods and merchandise which are to go out and be transmitted by the said Merchants from this City, to any Towns and Places of Castile, the said 10 per cent, and other Duties, may also be paid in this said City ; and for both purposes, this Town will lend on its part the necessary aid, and adopt the official proceedings which may be befitting for the said trade. X VT. Also, it is agreed and stipulated, that the said Merchants may sell in their shops or warehouses, by wholesale or retail, excepting in small things of little value, such as ribbons, Veldugucs, strings, stockings, or similar things, which are put up in dozens, fish, and fat, by the arroba, grain by the fanega, cloths by the piece, and not by the vara or by the pound ; but it shall be allowed to them, to sell by retail the merchandise of great value and price, such as amber, musk, civet, and other similar things which may be sold by ounces, or less, as shall be most convenient. XVII. Also be it noted, as an agreement and condition, that the Pilots of this Town and Land shall bring into the Port and River thereof, Vessels belonging to the said Merchants, or which bring their goods and merchan- dise ; and they are only to pay, for the entrance of each Ship of large build, a doubloon value of 2 gold crowns (escudos de oro) ; that is, 1 crown of gold for the entrance, and 1 for the going out. And, to the other Seamen who may go in Sloops, or small Boats, to aid in towing and entering the said Ships, they are to pay at the rate of 2^ reals vellon each Man : and, if by accident of a storm or other impediment, they cannot at once bring up the said Ships to the secure anchorage ground, or opposite to the wharf, in that case, they shall help to moor and make the Vessel secure, until the accident or storm have passed over, and they shall, afterwards, return to bring the said Ships to the anchorage ground, for 2^ reals more each Man ; and it is understood, that the Crew of an ordinary Sloop, or small Boat, shall not exceed 8 Men ; so that reckoning 2 more for the Sloop, the Sloop and Men shall receive 25 reals velion. And that this may be realized, this Town will depute careful and qualified Men, to cause it to be executed, without occasioning delay or loss, or other injury ; and should the Ship require further Men and Sloops, they are to be paid after the same rate and ratio. XVIII. Also, this TOVMI agrees and assents, that the said Merchants shall not pay any Duties of Exci.se and of Millones, for wines which they may enter therein, or whicli they may transmit to other parts, not selling or consuming them here ; because these Duties are not liable except at the time of consumption, or on their entrance from Kingdoms or Provinces exempt, December 14, 1715.] SPAIN. 851 XIX. ALso, in conformity with what is above stated, declared, and agreed, and the which (as it hopes) will be fulfilled by this Town, it assents and agrees, that from henceforth, neither the Duties of Millones nor others shall be levied from the said Merchants, nor shall they be charged with any Duties for the wines which they may bring or receive from other parts, as a present for the consumption of their houses and families ; the entrance of which shall 1)3 granted to them free from Duties. XX. Also, it is a condition, that the said Merchants, for the carriage and transport of their goods and merchandise, which they may have to transport and remove for their account, or to enter and warehouse in their houses, may make use of the Persons whom they prefer and select ; so that neither the said City, nor the Individual thereof, shall have power to adjust, regulate, or prescribe any price for the same ; but they shall be allowed freely to act, and with the convenience suitable to them. XXI. And it is also a Stipulation and Agreement, that the Duties of Alcavalas and Cientos, which are included and stipulated for in the 1 per cent., must be paid once a year, for all the goods and merchandise which the said Merchants may sell, expressing their price, and the sale concluded on each side in this Town ; the proceeds not coming from the sale being excepted. And the medium and form which shall be used for the payment must be, that on the part of this Town, 2 Persons, of due note and probity, must be and shall be named and deputed ; so that, with 2 others, nominated by and chosen from the body of the said Merchants, they may ascertain, to a fixed point, what every one has sold in each year : this being done after the declaration, and according to the computation, which these Persons shall make on oath, without recurring to any search of books or other measures. XXII. Also it is stipulated and agreed, that all the goods that may enter into this River and Port, in whatever Ships of large or small build, which may come consigned and directed to the said Merchants, and those which transport them from one Ship to another, in order to remove them to other parts, without having landed them, are understood not to pay any Town Dues, or others in their stead, nor the Duties of Alcavalas and Cientos, in any time whatsoever, unless it should be that they sell them on land or sea in the District of this Town, and in that case alone they shall pay the 1 per cent, for the Duties of Alcavalas and Cientos, and no more. XXIII. Also, let it be set down as a Stipulation and Condition, that the Ships which may enter into this Port, whatever Ships they be, or from what- ever Port they come, ought only to pay, and shall pay, for the visit of each 1^ dollar, 1 crown of silver for the Judge and Ordinary Magistracy, and as much more for the Ministers of the Inquisition, and half a crown for the Castles, and nothing else for whatever they may have introduced ; and this is to be understood of those who have not been visited in any Port of Spain, because having been so visited, they are only to pay the said Duty to the said Castles ; and that this visit is only to be paid for by Ships with a deck, and none others. XXIV. The said Town stipulates and sets down as an Agreement, that for the iron which may be introduced and may enter into this Port, the said Merchants have not to pay, and shall not pay, any Duties, as it is in use and observance that they shall not, by reason of the Privilege and Cedula of His Majesty, obtained and issued at the instance of the said English Nation, in the year 1692 ; and in the same manner they may embark the same. All which said Conditions, Articles, Agreements, and Arrangements, which are expressed and set down, and the same which have been referred to, agreeably to Peaces and Privileges, this Town offers and binds itself, in so far as it is concerned, and for times to come, that it may be fulfilled and observed punctually towards the said Merchants, without infringement, let, or hindrance, that, observing the form and quantities in the Tax-registers as permanent, there shall not be levied or withdrawn from them any other Maravedies, Taxes, or Contributions than those which are set down and specified : and, furthermore, it offei'8, stipulates, and agrees, that if in course of time it should be found that other conveniences ought or can be given to them, and good treatment of any kind, to preserve their trade, they shall-be granted, added, and accorded to them, treating the said Merchants as the 852 SPAIIST. [Dec, 14, 1715. Nov. 9, 1729. most necessary and important Inhabitants, for the benefit and increase of this community, protecting their persons and property with their authority, as far as they can, and as may be granted, and with whatever concessions may be for the advantage of the said Merchants, which favourable results are left to experience, it being perfectly open to agree anew about these official measures and good correspondence, which will be always observed within reasonable bounds. And the said Merchants and Deputies of the English Nation who are present at the granting of this Writing and its Articles, for themselves and others who are in the Town of Bilboa, and may come to reside in that of Santander, therein to live and trade and have dealing, to whom they have given their word and security, and give it anew, oblige themselves on their part to observe and adhere to what is now stipulated, and that they will pay, when the case may arrive, the said Duties which are expressed and limited to this Town, and to persons who, in its name, must collect and gather the said Dues ; and both Parties, the Magistracy and Town Council, and the Merchants, agree to fulfil and execute all that is contained in these Articles, and the said Magistracy and Town Council pledging the Town Dues and Eents of the said Town, and the said Merchants their persons and goods, to give full power to the Justices and Judges to take cognizance of all their Causes, they announcing all the Laws, privileges, and rights in their favour, with the general one of the Law in form, and thus they have granted it before me, the Notary and Witnesses in this Town of Santander, the said day. (Signatures of Magistrates and Merchants.) No. 158. TREATY OF PEACE AND FRIENDSHIP BETWEEN GREAT BRITAIN AND SPAIN. Signed at Seville, November 9, 1729. (Extract.) ARTICLE I. Peace and Friendship. Confirmation of Former Treaties. II y aura des a present et pour toujours une Paix solide, line Union etroite, et une Ainitie sincere et constante, entre le Serenissime Eoi de la Grande Bretagne, le Serenissime Eoi cl'Espagne, et le Serenissime Eoi Trcs Chretien, leurs Heritiers et Successeurs, comme aussi entre leurs Eoyaumes et Sujets, pour 1'assistance et la defense reciproque de leurs Etats et Interets ; il y aura pareillement oubli de tout le passe ; et tons les Traites et Conventions precedens, de Paix, d'Amitie et de Com- merce, conclus entre les Puissances Contractantes respectivement, seront, comme ils le sont, effectivement renouveles et confirmes, dans tous leurs points auxquels il n'est pas derog^ par le present Traite", d'une maniere aussi pleine et aussi ample comme si les tf o? ember 9, 1729.] SPAltf . 853 dits Traites etoient inseres ici de mot a mot; Lours elites Majestes proraettant de ne rien faire, ni souffrir qu'il soit rien fait, qui puisse y etre contraire, directement cm indirectement. ARTICLE III. No Privileges to be Granted which are Contrary to Confirmed Treaties. Les Ministres de Sa Majeste Britannique et de Sa Majeste Tres Chretienne, ayant pretenclu que dans les Traites conclus a Vienne entre 1'Einpereur et le Eoi d'Espague, 1'annee 1725, il y avoit plusieurs Clauses qu'i donnoient atteinte aux Articles des ditferens Traites de Commerce ou Traites de Paix qui peuvent regarder le Commerce, anterieur a 1'annee 1725, Sa Majeste* Catho- lique a declare, comme elle declare par le present Article, qu'elle n'a jamais entendu accorder, ni rie laissera subsister en vertu des dits Traites de Vienrie, aucun privilege contraire aux Traites ci-dessus confirmes. ARTICLE IV. British Commerce in America. Ayant ete convenu par les Articles Preliminaires, que le com- merce des Nations Angloise et Francoise, tant en Europe qu'aux Indes, seroit retabli sur le pied des Traites et Conventions ante- rieurs a 1'annee 1725, et nommement que celui de la Nation Angloise en Amerique s'exerceroit comme par le passe, Ton con- vient par le present Article que tous Ordres necessaires seront expedies de part et d'autre sans aucun retardement, s'ils ne 1'ont pas deja ete, soit pour 1'execution des dits Traites de Commerce, soit pour supplier a ce qui pourroit manquer & 1'entier retablisse- ment du commerce sur le pied des dits Traites et Conventions. Fait a Seville, le 9 de Novembro, 1729. (L.S.) W. STANHOPE. (L.S.) EL MARQ. DE LA PAZ. (L.S.) P>. KEENE. (L.S.) D. JOSEPH PAT1NO. (Extract.) SEPARATE ARTICLES, ARTICLE I. Commerce to be on Footing of Treaties previous to 1725. Bien que, conformement aux Articles Preliminaires, il ait ete dit par TArticle IV du Traite signe cejourd'hui, que le Commerce de la Nation Angloise en Amerique seroit retabli sur le pied des 854 SPAIN . O T OT. 9, 1729. Oct. 5, 1750. Traites et Conventions anterieurs a 1'annee 1725 ; cependant, pour plus de nettete, il est declare encore par le present Article entre Leurs Majestes Britannique et Catholique, lequel aura la meme force, et sera sous la meme garantie, que le Traite signe cejourd'hni, que sous cette denomination generate sont compris les Traites de Paix et de Commerce, eonclus a Utrecht les 13 Juillet et 9 Decembre, de Fanriee 1713, dans lesquels sont compris le Traite de 1667 fait a Madrid, et les Cedules, y mentionnees, le Traite pos- terieur fait a Madrid le 14 Decembre, 1715, &c., &c. ; tons lesquels Traites mentionnes en cet Article, avec leurs Declarations, seront des aujourd'hui (meme pendant 1'examen des Commissaires) et demeureront dans leur force, vertu, et pleine vigueur ; pour 1'obser- vation desquels Sa Majeste Catholique fera expedier au plutot, s'ils ne 1'ont ete, les Ordres et Cedules necessaires, a ses Yice-Eois, Gouverneurs, et autres Ministres a qui il appartiendra, tant en Europe qu'aux Indes, afin qne sans ancun delai ou interpretation ils les fassent observer et accomplir. Pareillement Sa Majeste Britannique promet et s'engage de publier les Ordres necessaires, s'il en manquoit, pour remettre le Commerce des Sujets de 1'Espagne en tous les Pays de sa domina- tion, sur le pied porte par les dits Traites, et pour les faire exacte- ment observer et accomplir. Fait a Seville, le 9 de Novembre, 1729. (L.S.) W. STANHOPE. (L.S.) EL MARQUIS DE PAZ. (LS.) B. KEENE. (L.S.) D. JOSEPH PATINO. No. 159. THEATY OF COMMERCE BETWEEN GREAT BRITAIN AND SPAIN. Signed at Madrid, October 5, 1750. (Extract.) ARTICLE IV. Import and Export Duties payable by British Subjects in Spain. His Catholic^ Majesty consents hereby that the British subjects be not obliged to pay higher or other Duties, nor upon any other estimate of the merchandises that they import to, or export from, the several Ports belonging to His Catholic Majesty, than those October 5, 1750.] SPAIN. 855 they liavc paid for thk said merchandises in the Eeign of Charles IT, King of Spain ; which were regulated by the Schedules and Ordin- ances of the said King or by those of his predecessors. And though the Pie del far do (Kegulatioii of the Duties. &c.) is not grounded upon any Eoyal Ordinance, His Catholic Majesty, this notwith- standing, does hereby declare, and it is his pleasure to order, that the same be observed at present and for the future as an inviol- able Law ; and that all manner of Duties shall be demanded and received, at present and henceforward, in the same advantageous and favourable manner as granted to the said Subjects. AETICLE V. Right of British Subjects to Gather Salt in Island of Tortudos. His Catholic Majesty does hereby allow and permit the said Subjects to take and gather salt in the Island of Tortudos, with- out any hindrance, and in the manner as they have done it during the Eeign of the said Charles II. AETICLE VI. Imposts Payable by British Subjects. National Treatment. His Catholic Majesty consents by these that the said Subjects shall not pay in any part whatever higher or other Imposts than those that His Catholic Majesty's Subjects do pay in the same place. AETICLE VII. General Most-fawured-nation Treatment. His Catholic Majesty does hereby allow and consent that the said British Subjects shall enjoy all those rights, privileges, franchises, exemptions, and immunities which they did enjoy before the last War, by virtue and in consequence of the Schedules or the Eoyal Ordinances that were made thereupon, and agreeable to the Treaty of Peace and Commerce that has been made at Madrid in the year 1667 ; and that the said Subjects shall be treated in Spain in the same manner as those of the most favoured Nation ; and that, consequently, no Nation whatever shall pay less Duties for the wools and other merchandises that are brought or carried away by them from the Kingdoms of Spain by land, than the said Subjects shall pay for the same merchandises that they shall import or export by sea; and that all the rights, privileges, franchises, exemptions, and immunities that are or shall be granted or allowed to any other Nation shall be likewise granted and allowed lo the said British Subjects ; and His Britannic Majesty does hereby consent 8f;6 SPAlK, [Oct. S, 1750. Feb. 10, 1763- that the same be granted and allowed to the Subjects of Spain in His Britannic Majesty's Kingdoms. AETICLE VIII. Commercial Innovations. His Catholic Majesty promises hereby to apply, on his part, his utmost care to take off and abolish all the innovations that had been introduced in the commerce, and that the same may be avoided for the future. His Britannic Majesty does hereby likewise promise, on his part, to apply his utmost caie to take otf all the innovations, and to avoid the same for the future. ARTICLE IX. Confirmation of Former Treaties not Contrary to this Treaty. Their Catholic and Britannic Majesties do confirm, by the present Treaty, that of Aix-la-Chapelle, as also all the other Treaties thereby confirmed in all their Articles and Clauses, excepting, however, those that are derogatory to the present Treaty ; as likewise the Treaty of Commerce that was concluded at Utrecht in the year 1713, excepting likewise those Articles that shall be found therein in contradiction to the present Treaty, which are by this abolished and of no force, and especially the three Articles of the said Treaty of Utrecht, commonly called Explanatory Articles. Given at Madrid, the 5th of October, 1750. (L.S.) B. KEENE. (L.S.) JOSEPH I)E CARVAJAL Y LANCASTER. No. 160. DEFINITIVE TREATY OF PEACE BETWEEN GREAT BRITAIN AND SPAIN. Signed at Paris, February 10, 1763. (Extract.) ARTICLE II. Confirmation of Former Treaties, LES Traites de Westphalie cle 1648 ; ceux de Madrid, entre les Couronnes de la Grande Bretagne et d'Espagne de 1667 et February 10, 1763.] SPAIN. 857 de 1670 ; les Traites de Paix de Nimegue de 1678 et de 1679 ; de Eyswick de 1697 ; ceux de Paix et de Commerce d'Utrecht de 1713 ; celui de Bade de 1714; le Traite de la Triple Alliance de la Have de 1717 ; celui de la Quadruple Alliance de Londres de 17.18; le Traite de Paix de Vienne de 1738; le Traite Definitif d'Aix-la-Chapelle de 1748 ; et celui de Madrid, entre les Couronnes de la Grande Bretagne et d'Espagne, de 17.50 ; aussi bien que les Traites entre les Couronnes d'Espagrie et de Portugal, du 13 Fevrier, 1668, du 6 Fevrier, I71o, et du 12 Fevrier, 1761 ; et celui du 11 Avril, 1713, entre la France et le Portugal, avec les garanties de la Grande Bretagne ; servent de base et de ibndement a la Paix, et au present Traite ; et pour cet effet, ils sont tons renouveles et. continues dans la meil- leure forme, ainsi que tons les Traites en general, qui subsistoient entre les Hautes Parties Contractantes avant la Guerre, et comme s'ils etoient inseres ici mot a mot ; en sorte qu'ils devront etre observes exactement a Favenir dans toutes leur teneur, et reli- gieusenient executes, de part et d'autre, dans tons leurs points, auxquels il n'est pas deroge par le present Traite", nonobstant tout ce qui pourroit avoir ete stipule au contraire par aucurie des Hautes Parties Contractantes : et toutes les dites Parties declarent, qu'elles ne permettront pas qu'il subsiste aucun privilege, grace on indulgence, contraire aux Traite*s ci-dessus confirmes, a 1'exception de ce qui aura etc* accorde et stipule par le present Traite*. AETICLE XVI. Prizes made by British Subjects in Time of Peace to be referred to British Courts of Admiralty. La decision des Prises, faites en terns de Paix par les Sujets de la Grande Bretagne sur les Espagnols, sera remise aux Cours de Justice de 1'Amiraute de la Grande Bretagne, conformement aux regies etablies parmi toutes les Nations ; de sorte que la validite des dites Prises, entre les Nations Britannique et Espagnole, sera decidee et jugoe selon le Droit des Gens, et selon les Traites, dans les Cours de Justice de la Nation qui aura fait la capture. AETICLE XVII. Razing of Fortifications in Bay of Honduras erected by British Subjects. British Subjects to be allowed to cut Logwood and carry it away without Molestation. Sa Majeste Britannique fera demolir toutes les Fortifications que ses Sujets pourront avoir erigees dans la Baie de Honduras, et autres lieux du Territoire de 1'Espagne dans cette partie du Monde, 4 mois apres la Eatification du present Traite : et Sa Majeste Catholique ne permettra point que les Sujets de Sa Majeste Britannique, ou leurs Ouvriers, soient inquietes ou 858 SPAIN. [Feb. 10, 1763. Sept. 3, 1783. molestes, sous aucun pretexte que ce soit, dans les dits lieux, dans leur. occupation de couper, charger et transporter, le bois de teinture ou de campeche ; et pour cet effet, ils pourront batir sans empechement, et occuper sans interruption, les maisons et les magasins qui sont necessaires pour eux, pour leurs families, et pour leurs effets: et Sa Majeste Catliolique leur assure, par cet Article, 1'entiere jouissance de ces a vantages et facultes, sur les Cotes et Territories Espagnols, comine il est stipule ci-dessus, inimediatement apres la Katification du present Traite. AETICLE XVIII. Renunciation of tights of G-uipuscoans ami others to fish off Newfoundland. Sa Majeste Catliolique se desiste, tant pour elle que pour ses Successeurs, de toute pretension qu'elle pent avoir formee, en faveur des Guipuscoans et autres de ses Sujets, an droit de pecber aux environs de Tile de Terre-Neuve. Fait a Paris, le 10 de Fevrier, 1763. (LS.) BEDFOED, C.P.S. (L.S.) CHOISEUL, DUG DE PRASLIN. (L.S.) EL MAKQUIS DE GRIMALDI. No. 161. DEFINITIVE TREATY OF PEACE BETWEEN GREAT BRITAIN AND SPAIN. Signed at Versailles, September 3, 1783. ARTICLE I. Peace and Friendship. (Extract.) II y aura une Paix Chretienne, universelle et perpetuelle, tant par raer que par terre, et une amitie sincere et constante sera retabiie entre Leurs Majestes Britannique et Catliolique, et entre leurs Heritiers et Successeurs, Royaumes, Etats, Provinces, Pays, Sujets et Vassaux, de quelque qualite et condition qu'ils soient, sans exception de lieux, ni de personne : en sorte que les Hautes Parties Contractantes apporteront la plus grande attention a mainteiiir entre elles et leurs dits Etats et Sujets, cette amitie et correspondance reciproque, sans permettre dorenavant que de part ni d'autre, on commette aucunes sortes d'hostilites par mer ou ].nr terre, pour quelqne cause, -ou sous quelque pretexte que ce puisse etre ; et on evitera soignensement tout ce qui pourroit alterer a September 3, 1783.] SPAIN. 859 Tavenir 1'union heureusement retablie ; s'attachant, au coiitraire, a se procurer re'ciproquement, en toute occasion, tout ce qui pourroit contribuer a leur gloire, interets et a vantages mutuels, sans donner aucun secours ou protection, directement on indirectement, a ceux qui voudroient porter quelque prejudice a Tune ou a Fautre des dites Hautes Parties Contractantes. II y aura un oubli et anmistie generale de tout oe qui a pu tre fait ou commis, avant ou depuis le commencement de la Guerre qui vientde finir, ARTICLE II. Confirmation of former Treaties, Les Traites de Westphalie de 1648 ; ceux de Madrid de 1667 et de 1670 ; ceux de Paix et de Commerce d'Utrecht de 1713 ; celui de Bade de 1714; de Madrid de 1715 ; de Seville de 1729 ; le Traite De"finitif d'Aix-la-Chapelle de 1748 ; le Traite de Madrid de 1750 ; et le Traite Definitif de Paris de 1763, servent de base et de fondement a la Paix, et au present Traite ; et pour cet effet, ils sont tons renouveles et confirmes dans la meilleure forme, ainsi que tous les Traites en general qui subsistoient entre les Hautes Parties Contractantes avanfc la Guerre, et noinmement tous ceux qui sont specifies et renouveles dans le susdit Traite Definitif de Paris, dans la meilleure forme, et comme s'ils etoient inseres ici mot a mot, en sorte qu'ils devront etre observes exacteinent a 1'avenir ; dans toute leur tsneur, et religieusement executes, de part et d'autre, dans tous les points auxquels il n'est pas deroge par le present Traite de Paix. AETICLE YI. Right of British Subjects to cut and carry away Logwood between Belize and Rio Hondo. Navigation of Wallis or Belize River and Rio Hondo to le common to Two Nations. L'intention des 2 Hautes Parties Contractantes etant de pre- venir, autant qu'il est possible, tous les sujets de plainte et de mesintelligence, auxquels a precedemment donn4 lieu la coupe de bois de teinture, ou de campeche ; et plusieurs Etablissemens Anglois s'etant formes et repandus, sous ce pretexte, dans le Con- tinent Espagnol ; il est expresse'ment convenu, que les Sujets de Sa Majeste Britannique auront la faculte de couper, charger et transporter le bois de teinture, dans le District qui se trouve com- pris entre les Rivieres Wallis ou Bellize, et Eio Hondo, en prenant le cours des dites 2 Rivieres pour des limites ineffac^ables ; de facon que leur navigation soit commune aux 2 Nations, a savoir : par la Riviere Wallis ou Bellize, depuis la mer, en remontant jusque vis- a-vis d'un Lac, ou Bras mort, qui s'introduit dans les terres, et forme un Isthme, ou Gor^e, avec.un autre pareil Bras, qui vient du cote de Rio-Nuevo, ou New River ; de fac,on que la ligne divisoire traversera en droiture le dit Isthme, et aboutira a un autre Lac produit par les eaux de Rio-Nuevo, ou New River, jusqu'a son courant. La dite ligne continuera par le cours de Rio-Nuevo, en 860 SPAIN. [September 3, 1783. descendant jusque vis-a-vis un Euisseau, doiit la Carte marque la source, entre Eio-Nuevo et Eio Hondo, et va se decharger dans le Eio Hondo, lequel Euisseau servira de limite aussi commune jusqu'a sa jonction avec Eio-Hondo, et dela en descendant Eio- Hondo, jusqu'a la raer, ainsi que le tout est marque sur la Carte, dont les Plenipotentiaires des 2 Couronnes ont juge convenable de faire usage pour fixer les points concertes, an'n qu'il regne une bonne correspondance entre les 2 Nations, et que les Ouvriers, Coupeurs, et Travailleurs Anglois ne puissent outre-passer, par Pineertitii.de des iiurites. Des Commissar, es respectifs deter- mineront les enclroits convenables dans le Territoire ci-dessus designe, pour que les Sujets de Sa Majeste Britannique, occupe's a 1'exploitation da bois, puissent y batir, sans empechement, les maisoDS, et les magasins, qui seront ne'cessaires pour eux, pour leurs Families, et pour leuis effets ; et Sa Majeste" Catholique leur assure la jouissance de tout ce qui est porte par le present Article ; bien eritendu que ces Stipulations ne seront censees deroger en rien aux Droits de sa Souverainete. Par consequent, tons les Anglois qui pourroient se trouver disperses partout ailleurs, soit sur le Continent Espagnol, soit sur les lies quelconques, de'pendantes clu susdit Continent Espagnol, et par telle raison que ce fut, sans exception, se reuniront dans le Canton qui vient d'etre cireonscrit, dans le terme de 18 mois, a compter de 1'echange des Eatitlcations ; et pour cet effet, il leur sera expedie des Ordres de la part de Sa Majeste Britannique ; et de celle de Sa Majeste Catholique, il sera ordonne a ses Gouverneurs d'accorder aux clits Anglois disperses, toutes les facilites possibles pour qu'ils puissent se transferer a I'Etablissement convenu par le present Article, on se retirer partout ou bon leur semblera. 11 est aussi stipule, que si actuellement il y avoit dans la partie designee des Fortifications erigees precedemment, Sa Majeste Britannique les fera toutes demolir ; et elle ordonnera a ses Sujets de ne point en former de nouvelles. II sera permis aux Habitans Anglois, qui s'etabliront pour la coupe du bois, d'exercer librement la Peche pour leur subsistance, sur les Cotes du District convenu ci-dessus, ou des lies qui se trouveront vis-a-vis du dit Canton, sans etre en aucune fac^on inquietes pour cela ; pourvu qu'ils ne s'etablissent en aucune maniere sur les dites lies. AETICLE IX. Appointment of Commissioner to Settle Commercial Relations. Aussitot apres 1'echange des Eatifications, les 2 Hautes Parties Contractantes nommeront des Commissaires, pour travailler a de nouveaux arrangemens de commerce entre les 2 Nations, sur le fondement de la reciprocite, et de la conveuance mutuelle ; lesquels arrangemens devront etre termines et conclus dans 1'espace de 2 ans, a compter du l er Janvier, 1784. Fait a Versailles, le 3 Septembre, 1783. (L.S.) MANCHESTER (L.S.) LE COMTE D'AEANDA, September 3, 1783.] SPAIN. 861 BRITISH DECLARATION. Appointment of Commissioners for Revision of Commercial Treaties. THE new state in which Commerce may perhaps be found, in all parts of the World, will demand revisions and explanations of the subsisting Treaties ; but an entire abrogation of those Treaties, in whatever period it might be, would throw Commerce into such confusion as would be of infinite prejudice to it. In some of the Treaties of this sort, there are not only Articles which relate merely to commerce, but many others which ensure reciprocally, to the respective Subjects, privileges, facilities for conducting their affairs, personal protections, and other advantages, which are not, arid which ought not to be of a changeable nature, such as the regulations relating merely to the value of goods and merchandise, variable from circumstances of every kind. When therefore the state of the trade between the 2 Nations shall be treated upon, it is requisite to be understood, that the alterations which may be made in the subsisting Treaties are to extend only to arrangements merely commercial ; and that the privileges and advantages, mutual and particular, be not only preserved on each side, but even augmented, if it can be done. In this view, His Majesty has consented to the appointment of Commissaries, on each side, who shall treat solely upon this object. Done at Versailles, the 3rd of September, 1783. (L.S.) MANCHESTER SPANISH COUNTER-DECLARATION. LE Eoi Catholique, en proposant de nouveaux arrangemens de Commerce, n'a eu d'autre but que de rectifier, d'apres les regies de la reciprocite, et d'apres la convenance mutuelle, ce que les Traites de Commerce prdcedens peuvent renfermer de de'fectueux. Le Koi de la Grande Bretagne pent juger par-la, que 1'intention de Sa Majeste Catholique n'est aucunement de d^truire toutes les Stipulations renfermees dans les susdits Traites ; elle declare au contraire, des a present, qu'elle est disposed a inaintenir tous les privileges, facility's et avantages, ^nonces dans les anciens Traites, en taut qu'ils seront reciproques, ou qu'ils seront remplaces par des avantages equivalens. C'est pour parvenir a ce but, desire de part et d'autre, que des Cominissaires seront nommes pour travailler sur 1'etat de commerce entre les 2 Nations, et qu'il a ete accorde un espace de terns considerable pour achever leur travail. Sa Majeste Catholique se flatte que cet objet sera suivi avec le meme bonne foi, et avec le rneme esprit de conciliation, qui ont preside a la redaction de tous les autres points renfermes dans le Traite Detinitif ; et Sa dite Majeste est dans la meme confiance, que les Commissaires respectifs apporteront la plus grande celerite a la confection de cet important ouvrage. Fait a Versailles, le 3 Septembre, 1783. (L.S.) LE COMTE D'AKANDA. [536] 3 L 862 SPAIN. [July 14, 1786. No. 162. CONVENTION BETWEEN GREAT BRITAIN AND SPAIN, RELATIVE TO AMERICA. Signed at London, July 14, 1786. LES Eois d'Angleterre et d'Espagne, animes du meme desir de rafFermir, par tons les moyens qui sont dans leur pouvoir, 1'amitie qui heureusement subsiste entre eux et leurs Eoyaumes; et souhaitant, d'un commun accord, de prevenir jusqu'a 1'ombre de mesiutelligence, qui pourroit etre occasiormee par des doutes, des malentendus, ou d'autres motifs de disputes entre les Sujets des Frontieres des 2 Monarchies, surtout dans des Pays eloignes com me ceux de 1'Ame'rique, out juge a propos d'etablir, de la meilleure foi possible, par une nouvelle Convention, les points qui pourroient un jour ou 1'autre produire ces inconveniens, selon que 1'experience des terns anterieurs 1'a bien souvent de*montre. A cet effet, le Eoi de la Grande Bretagne a nomm^ le Tres Noble et Tres Excellent Seigneur, Frangois Baron Osborne de Kiveton, Marquis, de Carmarthen, Conseiller Prive Actuel de Sa Majeste Britannique, et son Principal Secretaire d'Etat, ayant le Departement des Affaires Etrangeres, &c., &c., &c., et le Eoi Catholique pareillement a autorise Don Bernardo del Campo, Chevalier du Noble Ordre de Charles Trois, Secretaire du meme Ordre, Secretaire du Conseil Supreme d'Etat, et son Ministre Plenipotentiaire aupres du Eoi de la Grande Bretagne : lesquels, s'etant mutuellement communique leurs Pleinspouvoirs respectifs, COIIQUS en due forme, sont convenus des Articles suivans : AETICLE I. Evacuation of Mosquito Territory by British Colonists. Les Sujets de Sa Majeste Britannique, et les autres Colons qui ont joui jusqu'a present de la protection de T Angle terre, e* vacueront les Pays des Mosquitos, aussi bieri que le Continent en general, et les lies adjacentes, sans exception, situe'es au dehors de la Ligne ci-apres marquee, comme devant servir de Frontiere i 1'etendue de Territoire accord^ par Sa Majeste Catholique aux Anglois, pour les usages specific's dans le Illme Article de la presente Convention, et une addition aux Pays qui lenr sont deja accordes, en vertu des Stipulations dont les Commissaires des 2 Couronnes sont convenus en 1783. July 14, 1786.] SPAIN. 863 AETICLE II. Limits of British Settlement in Central America. Le Eoi Catholique, pour prouver, de son cote, au Eoi de la Grande Bretague, la since rite de ses sentimeris d'arnitie envers Sa dite Majeste et la Nation Britannique, accordera aux Anglois des limites plus etendues que celles specifiees dans le dernier Traite' de Paix : et les dites limites du Terrein ajoute par la presente Con- vention seront desormais entendues de la maniere suivante : La Ligne Arigloise,en commencant de la Mer, prendra le centre de la Eiviere Sibun ou Jabon, pa.r ou elle continuera jusqu'a la source de la dite Eiviere ; de la elle traversera, en ligne droite, la terre intermediate, j usqu'a ce qu'elle coupe la Eiviere Wallis , et par le centre de celle-ci, la dite Ligne descendra chercher le milieu du courant, jusqu'au point ou elle doit joiudre la Ligne deja etablie et marquee par les Commissaires des 2 Couronnes en 1783 : lesquelles limites, suivant la continuation de la dite Ligne, seront observees comme ci-devant stipule par le Traite Detinitif. AETICLE III. British Subjects to have Eight of Cutting other kind of Woods besides Logwood, and including Mahogany, and of gathering all Fruit or Produce of the Earth Sugar, Coffee, Cocoa Planting excepted. Quoiqu'il n'ait ete question jusqu'a present d'autres avantages que de celui de la coupe de bois de teinture, cependant Sa Majeste Catholique, pour une plus grande marque de sa disposition a coin- plaire au Eoi de la Grande Bretagne, accordera aux Anglois la liberte de couper tout autre bois, sans meme en excepter celui d'acajou, aussi bien que de profiter de tout fruit ou produit de la terre, purement naturel, et sans culture, qui pourroit ailleurs, etant transporte dans son etat naturel, devenir un objet d'utilite ou de commerce, soit pour des provisions de bouche, soit pour des manu- factures ; mais il est expressement convenu, que cette Stipulation ne doit jamais servir de pretexte pour etablir dans ce Pays-la aucune culture de sucre, caffe, cacao, ou autres choses semblables, ni aucune fabrique ou manufacture, par le moyen des moulins ou machines quelconques, ou autrement, (cette restriction pourtant ne regarde pas 1'usage des moulins-a-scie, pour la coupe ou autre travail du bois,) puisque etant incontestablement reconnu que les Terreins en question appartiennent tous en propriete a la Couronne d'Espagne, des Etablissemens de cette espece, et la population qui s'ensuivroit, ne pourroient pas avoir lieu. British Subjects may convey their Goods down the Eio Hondo, and Wallis River. II sera permis aux Anglois de transporter et conduire tous ces bois et autres produits du local, dans leur etafc naturel et sans [536] 3 L 2 864 SPAIN". [July 14, 1786. culture, par la Eiviere jusqu'a la Mer, sans jarnais outrepasser pourtant les limites qui leur sont prescrites par les Stipulations ci- dessus accordees, et sans que cela puisse donner occasion pour monter les dites Eivieres, hors de leurs bornes, dans les Contre'es appartenantes a 1'Espagne. AETICLE IV. British Subjects may occupy St. George's Key (Cayo Casino). Les Anglois seront permis d'occuper la petite lie connue sous les noms de Casina, St. George's Key, ou Cayo Casina, eu egard a la circonstance que la partie des cotes vis-a-vis de cette He est reconnue sujette a des maladies dangereuses ; mais cette occupation ne doit etre que pour les usages d'une honnete utilite : et comme on pourroit faire de cette permission un grand abus, non moins contraire aux intentions du Gouvernement Britannique, qu'aux interets essentiels de 1'Espagne, il est stipule" ici, comme condition indispensable, qu'on n'y fera dans aucun terns la moiridre Fortifi- cation, ou defense, qu'on n'y etablira aucun corps de Troupes, et qu'il n'y aura meme aucune piece d'Artillerie ; et afin de verifier de bonne foi 1'accomplissement de cette condition sine q ua non (a laquelle de simples particuliers pourroient contrevenir, sans con- noissance du Gouvernement Britannique) on admettra, 2 fois par an, un Officier ou Commissaire Espagnol, accompagn^ d'un Com- missaire ou Officier Anglois, duement autorises, pour verifier 1'etat des choses. AETICLE V. British Subjects may refit their Merchant-vessels between St. George's Key, and the small Islands opposite the British Settlement. La Nation Angloise jouira de la liberte de radouber ses Vaisseaux Marchands dans le triangle meridional compris entre le point Cayo Casina, et le groupe des petites lies qui sont situees vis-a-vis la partie de la cote occupee par les Coupeurs, a la distance de 8 lieues de la Eiviere Wallis, 7 de Cayo Casina, et 3 de la Eiviere Sibun, endroit qui a toujours ete reconnu comme tres propre pour le dit objet. A 1'effet de quoi, on pourra batir les edifices et magasins absolument indispensables pour ce service ; mais cette concession comprend aussi la condition expresse de ne point y elever en aucun terns des Fortifications, placer des Troupes, ou construire aucun ouvrage militaire ; et pareillement qu'il ne sera pas permis d'y fixer des Batimens de Guerre, ou d'y &riger un arsenal, ou autre Edifice qui puisse avoir pour objet la formation d'un e'tablissement naval. AETICLE VI. Right of Fishery on Coast of British Settlement. II est aussi stipule", que les Anglois pourront faire librement et tranquillement la Peche sur la cote du Terrein qui leur fufc July 1 4, 1786.] SPAIN. 865 assigne par le dernier Trait^ de Paix, et de eelui qu'on leur ajoute par la pre*sente Convention; mais sans aller au del& de leurs bornes, et se limitant a la distance specifie'e dans 1' Article qui precede. AETICLE VII. Spanish Rights of Sovereignty over British Settlement. Toutes les restrictions spe*cifiees dans le dernier Traite de 1783, pour conserver en son entier la propriete de la Souverainete Espagnole sur le Pays, dont on n'accorde aux Anglois que la facult^ de se servir des bois de differentes especes, des fruits et cl'autres productions, dans leur e*tat naturel, sont confirmees ici ; et les memes restrictions seront aussi observe'es a 1'^gard de la nouvelle concession. Par consequent les Habitans de ces Pays s'employeront simplement a la coupe et au transport des dits bois. et & la r^colte et au transport des fruits, et sans songer a d'autres Etablissemens plus grands, ni a la formation d'un syst^me de gouvernement militaire ou civil, au dela de tels reglemens que Leurs Majesty's Britannique et Catholique pourront ci-apres juger a propos d'etablir, pour maintenir la tranquillity et le bon ordre parmi leurs Sujets respectifs. ARTICLE VIII. Supply of Logwood by Spanish in Case of Deficient Supply. Comme il est generalement reconnu, que les bois ou forets se conservent, et meme se multiplient, par des coupes reglees, et executees avec methode les Anglois observeront, autant qu'il sera possible, cette maxime ; mais si, malgre toutes leurs precautions, il arrivoit a la suite du terns, qu'ils auroient besoin ou du bois de teinture, ou de celui d'acajou, dont les Possessions Espagnoles pourroient etre pourvues, le Gouvernement Espagnol ne fera aucime difliculte d'en fournir aux Anglois, a un prix juste et raisonnable. AETICLE IX. Prevention of Smuggling. On observera toutes les precautions, possibles pour empecher la contrebande ; et les Anglois auront soin de se conformer aux reglemens que le Gouvernement Espagnol jugera a propos d'etablir parmi ses Sujets, dans toute communication qu'ils pourroient avoir avec ceux-ci ; a condition cependant que les dits Anglois soient laisses dans la jouissance tranquille des differens avantages mseres en leur faveur dans le dernier Trait4, ou stipules par la presente Convention, 866 SPAIN. [July 14, 1786. AETIGLE X. Facilities to be accorded to Persons going to British Settlement. Les Gouverneurs Espagnols seront ordonne's d'accorder aux dits Ariglois disperses, toutes les facilites possibles pour qu'ils puissent se transferor aux Etablissemens convenus par la presente Convention, selon les Stipulations du VIme Article du Traite Definitif de 1783, a 1'egard du Pays approprie a leur usage par le dit Article. AKTICLE XI. Evacuation of Spanish Possessions ~by British Subjects. Leurs Majestes Britannique et Catholique, afin d'eviter toute espece de doute a 1'egard de la veritable construction de la presente Convention, jugent necessaire de declarer, que les conditions de la dite Convention devront e'tre observes selon leur intention sincere d'assurer et d'augmenter rharmonie et la bonne intelligence, qui subsistent si heureusement a present entre Leurs dites Majestes. Dans" cette viie, Sa Majeste Britannique s'enga^e de donner les ordres les plus positifs pour 1'evacuation des Pays ci-dessus mentionnes, par tons ses Sujets de toutes denominations quelconques. Mais si, inalgr^ cette Declaration, il y eut encore des Person nes assez hardies pour oser, en se retirant dans Tinte'iieur du Pays, taclier de s'opposer a 1'entiere evacuation deja con venue, Sa Majeste* Britannique, bien loin de leur preter le moindre secours, ou meme protection, les desavouera, de la maniere la plus solennelle, comme elle le fera egalement a Teizard de ceux qui par la suite pourront tenter de s'etablir sur le Territoire appartenant a la Domination Espagnole. ARTICLE XII. Date of Evacuation. L'eVacuation convenue sera complettement effectuee dans 1'espace de 6 mois, apres 1'echange des Ratifications de cette Con- vention, ou plutot s'il faire se pourra. ARTICLE XIII. New Concessions to British Subjects to take place as soon as Evacuation has been effected. On est convenu que les nouvelles concessions marquees dans les Articles precedeiis, en faveur de la Nation Angloise, devront avoir lieu aussitot que la susdite Evacuation sera verifie'e en entier. July 14, 1786.] SPAIN. 867 AETICLE XIV. No Act of Severity to be exercised against Mosquitos after the Evacuation of their Territory ly British Subjects. Sa Majeste Catholique, ne consultant que ses sentimens d'humanite, promet an Eoi d'Angleterre qu'elle n'exercera micun acte de severite sur les Mosquitos, Habitans en partie les Pays qui devront etre evacues, en vertu de la presente Convention, a cause des liaisons qui pmssent avoir subsiste entre les dits Indiens et les Anglois ; et Sa Majeste Britannique, de son cote, defendra rigoureusement a tous ses Sujets de fournir des armes, ou muni- tions de Guerre, aux Indiens en general, situe's sur les Frontieres des Possessions Espagnoles. ARTICLE XV. Instructions to Subjects of each Party for Carrying out Convention to be communicated to the Government of the other. Les 2 Cours se remettront mutuellement les Duplicata des Ordres qu'elles doivent expedier a leurs Gouverneurs et Com- mandans respectifs en Amerique, pour l'accomplissement de la presente Convention ; et Ton destinera, de chaque cote, une Fregate, ou Batimerit de Guerre convenable, pour veiller ensemble, et de conimun accord, a ce que les cboses s'executent avec le meilleur ordre possible, et avec cette cordialite et bonne foi dont les 2 Souverains ont bien voulu donner 1'exemple. ARTICLE XVI. Ratifications. La presente Convention sera ratifiee par Leurs Majeste's Britannique et Catholique, et les Ratifications echangees, dans 1'espace de 6 semaines, ou plutot s'il faire se peut. En foi de quoi, nous Soussignes Ministres Plenipotentiaires de Leurs Majestes Britannique et Catholique, en vertu de nos Pleins- pouvoirs respectifs, avons signe la presente Convention, et y avons fait apposer les Cachets de nos Armes. Fait a Londres, ce 14 jour de Juillet, 1786. (L.S.) CARMARTHEN. (L.S.) LE CHEVR. DEL CAMPO. 868 SPAIN. [July 14, 1786. Oct. 28, 1790. DECLARATION. Visit of Commissioners mentioned in Article VI to be extended to all Places where the British Cutters are situated. Au moment d'e*ch anger les Katifi cations de nos Souverains, de la Convention signee le 14 Juillet dernier, nous les Soussignes Ministres Plenipotentiaires sommes convenus, que la visite des Commissionnaires Anglois et Espagnols, dont fait mention F Article IV de la elite Convention, par rapport a rile Cayo Casina, doit s'etendre pareillernent a tons les autres Endroits, soit dans les lies, ou sur le Continent, ou les Coupeurs Anglois seront situes. En foi de quoi, nous avons signe cette Declaration, et y avons appose les Cachets de nos Armes. A Londres, ce l er Septeinbre, 1786. (L.S.) CARMARTHEN. (L.S.) LE MAEQUIS DEL CAMPO. No. 163. CONVENTION BETWEEN GREAT BRITAIN AND SPAIN RELATIVE TO AMERICA. Signed at the Escurial, October 28, 1790. Leurs Majestes Britannique et Catholique, etant disposees a terminer, par un accord prompt et solide, les diflerends qui se sont eleves en dernier lieu entre les 2 Couronnes, elles ont trouve que le meilleur moyen de parvenir a ce but salutaire seroit celui d'une transaction a 1'amiable, laquelle, en laissant de cote toute discus- sion retrospective des droits et des pretensions des 2 Parties, reglat leur position respective a 1'avenir sur des bases qui seroient conformes a leurs vrais interets, ainsi qu'au desir mutuel dont Leurs dites Majestes sont anime'es, d'etablir entre elles, en tout et en tous lieux, la plus parfaite amitie, harmonie et bonne corre- spondance. Dans cette vue, elles ont nomine et constitue pour leurs Pleni- potentiaires ; savoir, de la part de Sa Majeste Britannique, le Sieur Alleyne FitzHerbert, du Conseil Prive de Sa dite Majeste dans la Grande Bretagne et en Irlande, et sen Ambassadeur Extraordinaire et Plenipotentiaire pres Sa Majeste Catholique ; et de la part de Sa Majeste Catholique, Don Joseph Monino, Comte October 28, 1790.] SPAIN. 869 de Florida-blanca, Chevalier Grand Croix du Royal Ordre Espagnol de Charles III, Conseiller'd'Etat de Sa dite Majeste, et son Premier Secretaire d'Etat et del Despacho ; lesquels, apres s'etre commu- nique leurs Pleinspouvoirs respectifs, sont convenus des Articles suivans : ARTICLE I. Restoration to British Subjects of Buildings and Lands on the N. W. Coast of N. America of which they were dispossessed ~by Spanish in 1789. II est convenu que les Batimens et les Districts de Terrein, situes sur la Cote du Nord-ouest du Continent de I'Amerique Septentrionale, ou bien sur des lies adjacentes a ce Continent, desquels les Sujets de Sa Majeste Britannique ont ete de'posse'des, versle mois d'Avril, 1*789, par un Officier Espagnol, seront restitues aux dits Sujets Britanniques. ARTICLE II. Compensation to be given for Acts of Violence committed after April, 1789, by Subjects of either Country. De plus, une juste reparation sera faite, selon la nature du cas, pour tout acte de violence ou d'hostilite qui aura pu avoir ete commis, depuis le dit mois d'Avril, 1789, par les Sujets de Tune des 2 Parties Contractantes centre les Sujets de 1'autre ; et au cas que depuis la dite epoque, quelques uns des Sujets respectifs aient e'te' forc&nent depossedes de leurs Terrains, Batimens, Vais- seanx, marchanclises, ou autres objets de proprie'te quelconques, sur le dit Continent, ou sur les Mers ou lies adjacentes, ils en seront remis en possession, ou une juste compensation leur sera faite pour les pertes qu'ils auront essuyees. ARTICLE III. Subjects of either Party not to be molested in their Fisheries or Navi- gation of the Pacific and South Seas, or in landing on the Coasts of those Seas for carrying on Commerce with Natives. Et, afin de resserrer les liens de 1'amitie, et de conserver a 1'avenir une parfaite harmouie et bonne intelligence entre les 2 Parties Contractantes, il est convenu que les Sujets Respectifs lie seront point troubles ni molestes, soit en naviguant ou en exer^ant leur Peche dans rOcean Pacifique, ou dans les Mers de Sud, soit en debarquant sur les Cotes qui bordent ces Mers, dans des endroits non deja occupes, afin d'y exercer leur commerce avec les Naturels du Pays, ou pour y former des Etablissemens. Le tout sujet neanmoins aux restrictions et aux provisions qui seront specifiers dans les 3 Articles suivans. 870 SPAIN. [October 28, 1790. AETICLE IV. Navigation by British Subjects of Pacific and South Seas not to be made a Pretext for Illicit Trade with Spanish Settlements. British Subjects not to fish within 10 Leagues of Coasts occupied by Spain. Sa Majeste* Britannique s'engage d'employer les mesures les plus efficaces pour que la Navigation et la I 3 eche de ses Sujets dans 1'Ocean Pacifique, ou dans les Mers du Sud, ne devierment point le prctexte d'un commerce illicite avec les Etablissemens Espagnols ; et, dans cette vue, il est en outre expressement stipule, que les Sujets Britanniques ne navigueront point, et n'exerceront pas leur Peche dans les dites Mers, a la distance de 10 lieues mari- times d'aucune partie des Cotes deja occupees par 1'Espagne. AETICLE V. Free Access of Subjects of each State to the Settlements of the Other in America. II est convenu, que tant dans les endroits qui serorit restitues aux Sujets Britanniques, en vertu de 1' Article I, que dans toutes les autres parties de la Cote du Nbrd-ouest de 1'Amerique Septen- tiionale, ou des lies adjacentes, situees au Nord des parties de la dite Cote deja occupees par 1'Espagne, partout ou les Sujets de 1'une des 2 Puissances auront forme des Etablissemens, depuis le mois d'Avril, 1789, ou en formeront par la suite, les Sujets de 1'autre auront un acces libre, et exerceront leur commerce, sans trouble ni molestation. AETICLE VI. No Settlements to be made on Islands adjacent to the Eastern or Western Coasts of S. America South of the Portions already occupied by Spain, but Landing may be effected for Fishery purposes. II est encore convenu, par rapport aux Cotes tant Orientales qu'Occidentales de 1'Amerique Meridionale, et aux lies adjacentes, que les Sujets respectifs ne formeront a 1'avenir aucun Etablisse- ment sur les parties de ces Cotes situees au Sud des parties de ces mernes Cotes, et des lies adjacentes, deja occupees par 1'Espagne ; bien entendu que les clits Sujets respectifs conserveront la faculte de debarquer sur les Cotes et lies ainsi situees, pour les objets de leur Peche, et d'y batir des cabanes, et autres ouvrages tempor- aires, servant seulement a ces objets. AETICLE VII. Procedure in Case of Infraction of the Convention Dans tous les cas de plainte, ou d'infraction des Articles de la pre'sente Convention, les Officiers de part et d'autre, sans se per- Oct. 28, 1790. JulyS, 1814.] SPAIN. 871 mettre au prealable aucune violence ou voie de fait, seront tenus de faire un rapport exact de Faffaire, et de ses circonstances, a leurs Cours respectives, qui termineront a I'amiable ces differends. ARTICLE VIII. Ratifications. La presente Convention sera ratifies et confirmee dans 1'espace de 6 semaines, a compter dii jour de sa signature, ou plutot si faire se pent. En foi de quoi, nous Soussignes Plenipotentiaires de Leurs Majestes Britannique et Catholiqne, avons signes, en leurs noms, et en vertu de nos Pleinspouvoirs respectifs, la presente Conven- tion, et y avons appos^ les Cachets de nos Armes. Fait a San Lorenzo el Eeal, le 28 Octobre, 1790. (L.S.) ALLEYNE FITZHERBERT. (L.S.) EL CONDE DE FLORIDABLANCA. No. 164. TREATY OF FRIENDSHIP AND ALLIANCE BETWEEN GREAT BRITAIN AND SPAIN. Signed at Madrid, July 5, 1814.* In the Name of the Most Holy Trinity. His Majesty tlie King of the United Kingdom of Great Britain and Ireland, and His Catholic Majesty, being equally animated by a desire to strengthen and perpetuate the union and alliance which have been the principal means of re-establishing the balance of power in Europe, and of restoring peace to the world, have con- stituted and appointed, that is to say ; His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Sir Henry Wellesley, one of His Majesty's Most Hon- ourable Privy Council, Knight Companion of the Most Honourable Order of the Bath, and His Majesty's Ambassador Extraordinary and Plenipotentiary to His Catholic Majesty ; and His Catholic Majesty, Don Josef Miguel de Carbajal y Vargas, Duke of San Carlos, Count of Castillejo and of Puerto, Grandee of Spain of the First Class, Knight of the Most Illustrious Order of the Golden * Signed also in Spanish. 872 SPAIN [July 5, 1814. Fleece, Grand Cross of the Eoyal and dintinguished Order of Charles III. Commander of Esparagoza de Lares in the Order of Alcantara, Chief Majordomo of the King, and Gentleman of His Chamber, Lieutenant-General in the Koyal Army, Counsellor of State, and First Secretary of State and of general Dispatch ; who after having exchanged their respective full powers, and finding them in good and due form, have agreed to and concluded the following Articles : AETICLE I. Alliance. There shall be in future a strict and intimate alliance between His Majesty the King of the United Kingdom of Great Britain and Ireland and His Catholic Majesty, their heirs and successors ; and in consequence of this intimate union, the High Contracting Parties shall endeavour to forward, by all possible means, their respective interests. His Britannic Majesty and His Catholic Majesty declare, how- ever, that in drawing closer the ties so happily subsisting between them, their object is by no means to injure any other State. AETICLE II. Present Alliance not to derogate from Treaties and Alliances with other Powers. The present alliance shall in no way derogate from the treaties and alliances which the High Contracting Parties may have with other powers, it being understood that the said treaties are not contrary to the friendship and good understanding, which it is the object of the present Treaty to cement and perpetuate. AETICLE III. Proposed negotiation of a Commercial Treaty. It having been agreed by the Treaty signed at London on the 14th day of January, 1809, to proceed to the negotation of a Treaty of Commerce between Great Britain and Spain, as soon as it should be practicable so to do, and the two High Contracting Par- ties desiring mutually to protect and extend the commerce between their respective subjects, promise to proceed without delay to the formation of a definitive arrangement of commerce. AETICLE IV. Commerce of Spanish-American Possessions open to Foreign Nations. Most-favoured-nation Treatment. In the event of the Commerce of the Spanish American pos- sessions being opened to Foreign Nations, His Catholic Majesty JulyS, 1814. Aug. 28, 1814.] SPAIN. 873 promises that Great Britain shall be admitted to trade with those possessions as the most favoured Nation. ARTICLE V. Ratifications. The present Treaty shall be ratified, and the ratifications shall be exchanged within forty days, or sooner if possible. In witness whereof we the undersigned Plenipotentiaries have signed, in virtue of our respective full powers, the present Treaty of Friendship and Alliance, and have sealed it with the seals of our arms. Done in Madrid, this fifth day of July one thousand eight hundred and fourteen. (L.S.) H. WELLESLEY. (L.S.) MIGUEL, Duque de San Carlos. No. 165. THREE ADDITIONAL ARTICLES TO THE TREATY OF FRIENDSHIP AND ALLIANCE BETWEEN GREAT BRITAIN AND SPAIN OF JULY 5, 1814. Signed at Madrid, August 28, 1814. ARTICLE I. Confirmation of Anglo- Spanish Commercial Treaties existing in 1796. It is agreed that, pending the negotiation of a new Treaty of Commerce, Great Britain shall be admitted to trade with Spain upon the same conditions as those which existed previously to the year 1796. All the treaties of Commerce which at that period subsisted between the two nations, being hereby ratified and con- firmed. ARTICLE II. Slave Trade. His Catholic Majesty, concurring in the fullest manner in the sentiments of His Britannic Majesty with respect to the injustice and inhumanity of the traffic in slaves, will take into consideration, with the deliberation which the state of his possessions in America demands, the means of acting in conformity with those sentiments. 874 SPAIN. [Aug. 28, 1814. Dec. 14, 1875. His Catholic Majesty promises, moreover, to prohibit His subjects from engaging in the slave trade, for the purpose of supplying any islands or possessions excepting those appertaining to Spain, and to prevent likewise, by effectual measures and regulations, the pro- tection of the Spanish flag being given to foreigners who may en- gage in this traffic, whether subjects of His Britannic Majesty or of any other State or Power. AETICLE III. Great Britain to take Measures to prevent Export of Arms, fyc., to Spanish Rebels in America. His Britannic Majesty being anxious that the troubles and dis- turbances which unfortunately prevail in the dominions of His Catholic Majesty in America should entirely cease, and the subjects of those provinces should return to their obedience to their lawful Sovereign, engages to take the most effectual measures for prevent- ing his subjects from furnishing arms, ammunition, or any other warlike article to the revolted in America. The present additional Articles shall form an integral part of the Treaty of Friendship and Alliance signed on the 5th day of July, and shall have the same force and validity as if they were inserted word for word, and shall be ratified within forty days, or sooner, if possible. In witness whereof, we the undersigned Plenipotentiaries, in virtue of our respective full powers, have signed the present ad- ditional Articles, and have sealed them with the seals of our arms. Done at Madrid this twenty -eighth day of August one thousand eight hundred and fourteen. (L.S.) H. WELLESLEY. (L.S.) MIGUEL, Duq\ie de San Carlos. No. 166. DECLARATION BETWEEN GREAT BRITAIN AND SPAIN FOR THE PROTECTION OF TRADE-MARKS. Signed at London, December 14, 1875.* THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of His Majesty the King of Spain, with a view to the reciprocal * Signed also in Spanish. Deo. 14, 1875. Jan. 29, 1883.] SPAIN. 875 protection of the marks of manufacture and trade in the two countries, have agreed as follows : The subjects of each of the Contracting Parties shall have in the dominions and possessions of the other, the same rights as belong to native subjects in everything relating to property in manufacturing or trade marks, industrial designs or patterns, or manufactures of any kind. It is understood that any person who desires to obtain~~trre aforesaid protection must fulfil the formalities required by the laws of the respective countries. In witness whereof the Undersigned have signed the present Declaration, and have affixed thereto the seal of their arms. Done at London, the fourteenth day of December, 1875. (L.S.) DERBY. (L.S.) MARQUES DE CASA LATGLESIA. No. 167. DECLARATION EXCHANGED BETWEEN THE BRITISH AND SPANISH GOVERNMENTS RELATIVE TO JOINT STOCK COMPANIES. 'Signed at Madrid, January 29, 1883.* THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of His Majesty the King of Spain, with a view to the reciprocal regulation in the two countries of the position of Joint Stock Companies and other commercial, industrial, and financial Associations, have agreed to the following Declaration : Joint Stock Companies and other Associations, commercial, industrial, and financial, constituted in comforrnity with the laws in force in either of the two Contracting States, may exercise in the dominions of the other all their rights, including that of appearing before Tribunals for the purpose of bringing an action or of defending themselves, with the sole condition, in exercising such rights, of always conforming themselves to the laws and customs in force in the said dominions. It is understood that these dispositions shall be applicable as well to the Companies arid Associations constituted and authorized previously to the signature of this Declaration as to those w T hich may subsequently be so constituted and authorized. * Signed also in Spanish. 876 SPAIN. [Jan. 29, 1883. June f, 1894. The present Declaration shall come into force on the eighth day after the signature. It shall remain in force until one of the Contracting Parties shall announce to the other, one year in advance, its intention to terminate it. Such modifications may, however, by common consent, be introduced into it as experience may show to be desirable. In witness whereof the Undersigned, duly authorized for this purpose, have signed the present Declaration, and have affixed thereto the seal of their arms. Done in duplicate at Madrid, the twenty-ninth of January, eighteen hundred and eighty-three. (L.S.) R B. D. MOEIER (L.S.) EL MAEQUES DE LA VEGA DE AEMIJO. No. 168. EXCHANGE OF NOTES RESPECTING THE COMMERCIAL EELATIONS BETWEEN GREAT BRITAIN AND SPAIN. June JJ, 1894. Sir If. Drummond Wolff to Senor Moret. M. le Ministre, Madrid, June 20, 1894. THE negotiations for a Commercial Treaty have now reached a stage where, before further progress can be made, they must be submitted to the consideration of Her Majesty's Government. There are some points still only partially discussed, and on these important questions of detail will have to be carefully elabo- rated and worked out, the more so as some of them are without precedent in any of the Treaties negotiated by Spain with other countries. It is proposed, therefore, that the two British Delegates should at once proceed to London to render an account of the work already achieved, and it is believed that a suspension of the discussions until a later period of the year will also prove accept- able to the negotiators on behalf of the Spanish Government. Under these circumstances, and pending the negotiations, goods arriving from Spain and her Colonies will continue to receive the most-favoured-nation treatment in the custom-houses of Great Britain, her Colonies, and foreign possessions. Her Majesty's Government understand that until the discussions are terminated by the conclusion of a permanent Treaty, or a rupture of negotia- tions, goods arriving from Great Britain, her Colonies, and foreign possessions, will be guaranteed against differential treatment in the custom-houses of Spain, her Colonies, and foreign possessions. June |, 1894.] SPAIN. 87 F It is further agreed that it shall be open to any British Colony to withdraw from the present Agreement on notice to this effect being given by Her Majesty's Ambassador at Madrid to the Spanish Minister for Foreign Affairs within six months after the date of its signature. I avail, &c., (Signed) H. DPOJMMOND WOLFF. Senor Moret to Sir H. Dmmmond Wolff. (Translation.) Sir, Ministry of State, the Palace, June 29, 1894. IN reply to your Excellency's note of the 20th instant, I have the honour to inform you that the Government of Her Majesty sees no objection to the negotiations for the conclusion of a Commercial Treaty being referred to Her Britannic Majesty's Government. The nature of some of the demands preferred by the Spanish Delegates, and the necessity for a careful study of every detail, shows the advisability of not arriving at a final decision, although they should be submitted by both Governments to a careful exami- nation, which is all the more necessary because for some of them there is no precedent in Treaties already negotiated. The Govern- ment of His Majesty is confident that the immediate result of this reference will be to place the English Delegates in a position to satisfy the Spanish requirements, and they in any case hope that the interval asked for them may be of short duration, so that at the next meeting of Parliament a Treaty already concluded may be presented to it. Meanwhile, as the modus vivendi concluded on the 18th July, 1893, terminates on the 1st July next, in order that the com- mercial relations between Spain and England may not be in any way disturbed pending the conclusion of a definitive Treaty or the rupture of negotiations, it is understood that the produce of Spanish soil and industry, as well as that of Spanish colonial possessions, will continue to receive most-favoured-nation treat- ment in the custom-houses of Great Britain and her colonial and foreign possessions. On the other hand, the produce of the British soil and industry, as also that of her colonial and foreign possessions, will remain sub- ject to the Second Column of the existing Tariff, there being also granted to them in addition, the Tariff advantages contained in the existing Treaties with European States, or those which may hereafter come into operation in accordance with the terms of a Bill which is now being laid before the Congress. The arrangements made with regard to Portugal are naturally excluded, as 1 have frequently had the honour to point out to your Excellency. [536] 3 M 878 SPAIN. [June f, 1894. Dec. |, 1894. With regard to British products imported into the Spanish foreign and colonial possessions, Spain also secures for them the enjoyment of the minimum duties of the Special Tariff, reserving the right to negotiate by special Conventions with those provinces and possessions, the advantages which may result from the conclusion of Conventions with other countries. It remains, furthermore, understood that any British Colony may retire from the present arrangement on six months' notice being given by the English Ambassador at Madrid. I avail, &c. (Signed) MOEET. No. 169. EXCHANGE OF NOTES RESPECTING THE COMMERCIAL HELATIONS BETWEEN GREAT BRITAIN AND SPAIN. December f, 1894. Sir H. Drummond Wolff to Senor G-roizard. M. le Ministre, Madrid, December 28, 1894. CIRCUMSTANCES having impeded the further negotiations for a definite Commercial Treaty, the Government of Her Majesty, my august Sovereign, are prepared to record in a most formal manner the understanding now existing* between the United Kingdom and Spain for the regulation of their mutual commercial relations. They understand that this course will for many reasons be convenient to the Government of His Catholic Majesty. It is therefore understood between the two Governments that they maintain the Agreement entered into between them in the month of June last, by the note addressed by me to your Excellency's predecessor on the 20th June, 1894, and the note I had the honour to receive from Senor Moret under date of the 29th of the same month. Such Agreement shall remain in force until a permanent Treaty be concluded, or unless it be terminated by one of the Parties, who shall with this object give the other a notice of six months. As before, it is agreed that it shall be open to any British Colony to withdraw from the present Agreement, on notice to that effect being given by Her Majesty's Ambassador at Madrid to the Spanish Minister for Foreign Affairs within six months after the date of its signature. I avail, &c. (Signed) H. DRUMMOND WOLFF. See p. 876. December ff , 1894] SPAIN. 879 Senor Grroizard to Sir H. Drummond Wolff. (Translation.) Ministry of State, M. I'Ambassadeur, The Palace, December 29, 1894. I HAVE had the honour to receive the note which your. Excellency communicated to me on the 28th instant, to the effect that circumstances having impeded the continuation of the negotiations for a definitive Treaty of Commerce between Spain and the United Kingdom, the Government of Her Britannic Majesty is prepared to record, in a more formal manner, the understanding now existing for the regulation of their commercial relations. The Government of His Catholic Majesty, who believe that this understanding will be, for various reasons, equally convenient to that of Her Britannic Majesty, consider that the Agreement entered into by exchange of notes under date of the 20th and 29th June last, between your Excellency and my predecessor, Senor Moret, is maintained until the conclusion of a definitive Treaty, unless it be terminated by one of the High Contracting Parties, who, with this object, give to the other a notice of six months. As before, it is agreed that it shall be open to any British Colony to withdraw from the present Agreement on notice to that effect being given by the Ambassador at Madrid to the Spanish Minister for Foreign Affairs within six months after the date of its signature. I avail, &c. (Signed) ALEJANDKO GROIZAED. [536] 3 M 2 880 SWEDEN. [April 11, 1654. SWEDEN. No. 170. TREATY OF PEACE AND COMMERCE BETWEEN GREAT BRITAIN AND SWEDEN. Signed at Upsal, April 11, 1654. (Translation.) ARTICLE L Peace, Friendship, and Alliance. . THAT from henceforth there be and remain a good, firm, sincere, and perpetual Peace, Amity, Alliance, and Correspondence between the Protector and Commonwealth of England, Scotland, and Ireland, and the Queen and Kingdom of Sweden, and all and sin- gular their Dominions, Kingdoms, Countries, Provinces, Islands, Plantations, Lands, Cities, Towns, People, Citizens, and generally all their Subjects and Inhabitants, so that each part treat and use the other with all real friendship and affection. ARTICLE II. Friendly Relations. Each Country to warn the other against Conspiracies, fyc., Non-assistance by either of Enemies of the other. The said Confederates, their People, Subjects, and Inhabitants, shall, as opportunity is offered, take care of and promote the wel- fare of each other ; and shall advertise each other, upon knowledge thereof, of all imminent dangers, plots, and conspiracies of Enemies against the other ; and, as much as in them lies, oppose and hinder the same. Neither shall the one Confederate, either by himself, or any else, treat of, act, or attempt anything to the prejudice and disadvantage of the other, his Lands, or Dominions, in whatsoever place, whether at sea or land ; nor shall any way assist the Rebels or Enemies of the other, to the damage of the Confederate, nor receive or entertain within his Dominions any Rebel or Traitor who shall attempt anything against the other's April 11, 1654] SWEDEN. 88 1. State, much less afford them any counsel, help, or favour, or per- mit it to be done by any of his Subjects, People, and Inhabitants AETICLE II I. Freedom of Commerce and Navigation. The said Protector and Commonwealth, and the said Queen and Kingdom, shall take diligent care, that, as much as in them lies, all impediments and obstacles be removed, which have hitherto interrupted the freedom of navigation, and commerce, as well between both Nations, as with other People and Countries within the Dominions, Lands, Seas, and Rivers of either, and shall sincerely endeavour to assert, maintain, defend, and promote the aforesaid liberty of navigation and commerce, against all the Dis- turbers thereof, by such ways and means as either in this present Treaty or hereafter shall be agreed upon ; neither shall they suffer, that either by themselves, their Subjects and People, or through their default, anything be done or committed contrary hereunto. AETICLE IV. Freedom of Travel and Trade. Most-favoured-nation Treatment. That either of the aforesaid Confederates, their People and Subjects, may, without any Safe Conduct, Licence, general or special, freely and securely go and enter by land or sea, in and to the Kingdoms, Countries, Provinces, Lands, Islands, Cities, Vil- lages, Towns, whether walled or unwalled, fortified, or otherwise, Havens, and whatsoever Dominions of the other, and there stay and from thence return or pass through ; and in the same places, upon just prices to procure, and have pro vision .of victuals, for their use and sustenance, and to be used with all friendly offices ; and that either Confederate, their People and Subjects, may trade and have commerce in all places where commerce hath hitherto been exercised, in what goods and merchandises they please, and may freely import and export the same, paying the Customs which are due ; and conforming themselves to the Laws and Ordinances of the said Commonwealth and Kingdom, whether the same respect trade or any other right ; which presup- posed, the People, Subjects, and Inhabitants of both Confederates, shall have and enjoy in each other's Kingdoms, Countries, Lands, and Dominions, as large and ample privileges, relaxations, liberties, and immunities, as any other Foreigner at present doth or here- after shall enjoy there. AETICLE V. Immunity of Persons, Vessels, and Good*. No Merchants. Captains, and Masters of Ships, Mariners, nor any Persons, Ships, goods, or merchandise, belonging to either 882 SWEDEN. [April 11,' 1654. Confederate, shall upon any public or private account, by virtue of any Edict general or special, within any the Lands, Havens, Sea-roads, Coasts, or Dominions of the other, for any public service or expedition of War, or any other cause, much less for any private use, be seized, embarked, arrested, forced by violence or be any way molested or injured : Provided only such arrests, as are conformable to justice and equity, be not hereby prohibited, so be it they are made according to the ordinary course of Law, and not granted upon private affection or partiality, but are requisite for the administration of right and justice, AKTICLE VI. Vessels in Distress. In case any of the Ships of either Confederate whether of War or Merchants, belonging to the Subjects and People of either, be, by occasion of tempests, pursuit of Pirates and Enemies, or any other urgent necessity, constrained to put into each other's Havens, Roads, or Shores, they shall be received there with all kindness and humanity, and enjoy all friendly protection, and be permitted to refresh themselves and procure, at a reasonable price, all things needful for their sustenance, reparation, or use ; neither shall they be hindered from going out of the said Ports or Roads, at their pleasure, without paying any Customs or Duties : Provided they do nothing contrary to the Laws, Ordin- ances, and Customs of the place, which the said Ships shall enter into or abide in. ARTICLE VII. Wrecks. In like manner, if any Ship or Ships, whether public or private, belonging to either Confederate, their People arid Subjects, shall, within any the Coasts or Dominions of the other, stick upon the sands, or be forced to lighten their burden, or be wrecked or suffer any damage, all friendly help and relief shall be given them upon a competent reward. And whatever shall be remaining of the goods thrown overboard or after shipwreck, or any other damage sustained, shall be kept in safe custody, and restored to the Owner, or whom the said Owner shall appoint, ARTICLE VIII. Recovery of Debts. Administration of Justice. Protection of Persons. In case the People and Subjects on either part, whether they be Merchants, Factors, or Servants, Masters of Ships, Mariners, or such others, who travel and inhabit within the Dominions of the other, or those who act on their behalf before any Court April 11, 1654.] SWEDEN. 883 of Judicature for the recovery of their debts, or for other lawful occasions, shall stand in need of the Magistrate's help, the same shall be readily, and according to the equity of their cause, in friendly manner granted them, and justice shall be administered to them without long and unnecessary delays. Neither shall they be any way molested upon any pretence in the dispatch of their affairs, in their journeying, bargaining, and receiving the price" of their commodities, but that all love and friendship be extended towards them. And it shall be free for them, on both sides, in their passage to and again, in each other's Coasts, Ships, Havens, and public places, to wear about them arms for their proper defence, so be it they give no just suspicion to the Governor or Magistrate of the place of any design against the public or private Peace. But he especially who behaves and demeans himself soberly and inoffensively, shall be protected from all injury, violence, and molestation. AKTICLE IX. Trade in Munitions of War. Access oj War -ships to Ports. The said Confederates, and all and singular their People an Subjects, may buy and export out of all the Countries, Dominions and Kingdoms of the other, all kind of armour and provision of War, and may safely and freely put in with their Ships, and arrive at each other's Ports, Havens, and Shores, and there stay, and thence depart, they carrying, themselves peaceably and comform- ably to the Laws and Customs of the respective places, and not disturbing the freedom of commerce therein. In like manner, the Ships of War shall have free access to the Ports of either, there to stay, and come to anchor ; but not in such numbers as shall occasion manifest suspicion, without the leave and consent of that Confederate first obtained to whom the Port belongs, unless com- pelled thereto by tempest, force, or danger of the Sea, in which case they shall signify to the Governor or Chief Magistrate of th place, the cause of their arrival, and shall continue there no longer than the said Governor or Chief Magistrate shall permit. Observing always and everywhere the Laws aforesaid, and such as shall hereafter be agreed upon. AETICLE X. Freedom of Commerce and Travel. The Subjects and Inhabitants of the Queen and Kingdom of Sweden, may safely and freely travel in England, Scotland, and Ireland, and the Dominions thereof, and pass through the same by sea or land, to any other Nations, freely to traffic and have com- merce with them in all sorts of merchandise, and to import and export the same. And the People of the said Commonwealth shall enjoy the same freedom in the Kingdoms, Dominions, and 884 SWEDEN. [April 11, 1654. Territories of the Queen and Kingdom of Sweden : Provided the Laws, Ordinances, and particular rights of each Nation concerning trade and commerce be observed on both sides. AKTICLE XI. Either Country may trade with Enemies of the other, except in Contraband of War. Although in the preceding Articles of this present Treaty, it be forbid to either Confederate, to yield any aid or assistance to the Enemies of the other : yet it is not to be so understood as if either Confederate, having no War with the Enemies of the other, might not sail to, or traffic with, the said Enemies, notwithstanding that the other Confederate be in actual War with them ; but it is only provided, that till a more particular agreement be made con- cerning this matter, no goods called goods of Contrdbanda, a catalogue and specification of which shall be made within 4 months after the date hereof, shall be carried to the Enemies of each other, without peril, in case they be taken, of being adjudged lawful Prize without hope of restitution, AKTICLE XII. Passports, But lest such navigation and intercourse of the one Con- federate, his People and Subjects, by land or sea, with other Nations, during the War of the other Confederate, should redound to the prejudice of the said other Confederate; and lest goods of Enemies should pass concealed under the name of Friends ; for the removal of all suspicion and prevention of fraud herein, it is agreed that all Ships, waggons, wares, and Men, belonging to either Confederate, shall in their passage have Letters of safe conduct, commonly called Passports, and Certificates signed by the Governor or Chief Magistrate of the Province or City from whence thet come; of which Letters and Certificates such forms shall be observed as shall be mutually concluded upon, within the space of. 4 months, next after the date hereof: and wheresoever any the merchandise, goods, Vessels, or Men belonging to either, their People and Subjects, shall be met with either in open Sea or in any Channel, Haven, Eoad, Land, or any other place by the Ships of War, public or private, or by any of the People, Subjects, and Inhabitants of the other, or shall happen to be in one place with them, they producing their Letters of safe-conduct, and Certificates aforesaid, shall have nothing farther exacted of them ; no search made either of goods, Vessels, or Men, much less shall they receive any damage, injury, or molestation; but shall be suffered to pass on with freedom to pursue their occasions, And if any of the People and Subjects of either shall do or commit anything contrary to the proper sense of this present Article', either Confederate shall April 11, 1654] SWEDEN. 885 take care that severe punishment be inflicted on the Offenders, and cause full and speedy satisfaction to be made to the Parties wronged, for all costs and damages. AETICLE XIII. Infraction of the Treaty by Private Individuals. In case it shall hereafter happen, that during this Amity and Confederation any of the People or Subjects of either shall act or attempt anything against the same or any part thereof, either by land, sea, or other waters, this Amity, Con federation, and Alliance, shall not be thereupon interrupted or broken off, but shall remain and continue still in force and virtue ; only in such case, the particular Persons who have offended shall be punished, and no others ; and that justice shall be done, and satisfaction made to all Persons injured within 12 months after demand thereof ; and in case the Persons so offending as aforesaid shall not appear and submit themselves to justice, and make satisfaction within the said term, the said Persons shall be declared Enemies to both States, and their estates, goods, and effects whatsoever, shall be confiscated and employed to a due and full satisfaction for the wrong by them done ; and their persons shall be liable to further punishment when they shall come within the power of either State, as the quality of their offence shall deserve, and that speedy restitution and satisfaction be made for the loss and damage which either part hath sustained from the other, during the War betwixt England and the United Provinces. ARTICLE XIV. Territorial Waters. This present Treaty and Confederation shall in nothing derogate from any pre-eminence, right, or dominion of either Confederate within any his own seas, channels, or waters ; but that they have and retain the same, in as full and ample manner a/3 they have hitherto had, or as of right belongs to them. ARTICLE XV. Freedom of Commerce and Navigation. No Treaty to be made with other Countries Prejudicial to this Treaty. It being the primary intent of this League and Amity that each Confederate, their People and Subjects, might enjoy such freedom of navigation and commerce, as is described in the foregoing Articles, within the Baltic, Sound, Northern, Western, and British Seas, Mediterranean, and Channel, and other the Seas - in Europe ; therefore all sincere endeavour shall be used on both sides by common advice, aid, and assistance, that the aforesaid 886 SWEDEN. [April 11, 1654, mutual liberty of navigation and commerce be established, promoted, and, as occasion is, defended, against all the Disturbers thereof, who shall go about to interrupt, prohibit, hinder, or restrain and limit the same to their own will and pleasure, in prejudice of the said Confederates. And either part shall, with all willingness or readiness, promote the good and prevent the hurt of each other ; saving the Treaties which either Nation hath made with other Kingdoms, Commonwealths and Nations. And neither Confederate shall hereafter make any League or Agreement in prejudice of this Present, with any other People or Nation, without the privity and consent of the other ; or if any such Agreement be hereafter made, the same shall be reputed null and void, and give place to this present Treaty. But as for the manner of giving aid and assistance to each other for the defence of this League, and of the liberty of commerce and navigation, a more particular Agreement, as need shall require, shall be made thereupon, accommodated to the circumstances of time and other affairs. ARTICLE XVI. Regulation of War-ships in Harbours. Commerce in Amerim )icl Fisheries to be dealt with in a Separate Treaty. For what concerns other commodities, which Ships of War may enjoy, and the Laws by which they shall regulate themselves when they arrive in each other's Ports and Harbours ; and for what concerns commerce to be exercised in America, as also the advantages of the herring and other Fisheries, the erecting staples for trade, and other things and conditions, which shall be found requisite for the better clearing of the foregoing Articles, resolution shall be had therein according to what shall be agreed upon in a distinct and peculiar Treaty or Contract. ARTICLE XVII. Ratifications. Whatever is agreed on in the foregoing Articles shall be in force and virtue from this present time, and be truly observed on both sides by all such as are within each other's allegiance. And for the further confirmation thereof, shall be subscribed, signed and ratified by the Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging, in the name of His Highness, and the said Commonwealth, and by Her Majesty of Sweden, under the Hand- writing and Seals of Their said Highness and Majesty within 4 months next ensuing the date of these Presents. Done at Upsal, the llth of April, 1654. July 17, 1656.] SWEDEN. 887 No. 171. TREATY OF COMMERCE BETWEEN G-REAT BRITAIN AND SWEDEN. Done at Westminster, July 17, 1656. (Extract.) (Translation.) ARTICLE II. Definition of Contraband of War. Whereas in. the Xlth Article of the Treaty lately made at Upsal, in 1654, betwixt England and Sweden, it was agreed and specified what goods and merchandise should hereafter be declared Contraband and prohibited, it is now by virtue of the said Article established, that only tiiose hereafter mentioned shall be reckoned prohibited, and, consequently, not to be disposed of to the Enemies of either : viz., bombs with their fuses and other appurtenances, fire-balls, gunpowder, matches, cannon-ball, spears, swords, lances, pikes, halberts, guns, mortars, petards, granadoes, musket-rests, bandaliers, salt-petre, muskets, musket-balls, helmets, head-pieces, breast-plates, coats of mail, cuirasses, and the like kind of arms ; Soldiers, horses, with all their furniture, pistols, holsters, belts, and all other warlike instruments ; and also Ships of War. Money shall also be reckoned among the goods with which the Enemies are not to be supplied, and which it shall not be lawful to carry to the Enemies of either, any more than the things above mentioned, on the penalty of being made Prize without hopes of redemption, if they are seized by either of the Confederates. Nor shall either of the Confederates permit that the Enemies or Eebels of the other be assisted by any of their Subjects, or that their Ships be sold, lent, or in any manner made use of by the Enemies or Rebels of the other, to his disadvantage or detriment. ARTICLE III. Trade of either Country with Enemies of the other. But it shall be lawful for either of the Confederates, and his People or Subjects, to trade with the Enemies of the other, and to carry them any goods whatsoever, which are not excepted as above, without any impediment : Provided they are not carried to those Ports or Places which are besieged by the other ; in which case they shall have leave either to sell their goods to the Besiegers, or to repair with them to any other Port which is not besieged. 888 SWEDEN. [July 17, 1656. ARTICLE IV. Passports. Whereas in the XI th Article of the Treaty concluded at Upsal, the llth of April, 1654, between Sweden and England, it was agreed, that although it was precautioned and prohibited by the preceding Articles, that either of the Confederates should give aid and assistance to the Enemies of the other, yet it ought not to be understood, that that Confederate who is not involved in War with the Enemy of the other, shall not not be allowed to carry on trade with the said Enemy of that Confederate ; but it was only provided thereby, till there should be a farther agreement concerning this matter, that no goods or merchandise which we commonly call Contraband shall be carried to the Enemy of the other, without danger of being made Prize, and without hopes of redemption, if they are seized by the other Confederate. In like manner, whereas by the Xllth Article of the said Treaty, for the evading of all suspicions, lest the navigation or commerce of one of the Confederates, whether by land or sea, should be carried on during War to the prejudice of the other Confederate, or lest the goods of Enemies should be carried under the disguise of the goods of Friends, it was stipulated and concluded, that all Ships, carriages, wares, and Men, belonging to the other of the Confede- rates, should be furnished in their journey and passage with Safe- conducts, commonly called Passports, and Certificates signed by the Chief Governor or Magistrate of that Province and City from whence they came: and that those forms of the Passports and Certificates were to be observed on which the Confederates should mutually agree on both sides ; and when the merchandise, goods, Ships, Men, of either of the Confederates, and his Subjects and Inhabitants, shall meet or be met by the Ships of War, public or private, or the Subjects and Inhabitants of the other Confederate, in the open Sea, Straits, Harbours, Havens, Lands, and other places, wheresoever or howsoever they shall come together, after producing only their Safe-conducts and Certificates nothing farther should be demanded of them, no inquiry whatsoever should be made into the Ships, goods, or Men, much less should they be injured, damaged, or molested ; but should be freely let go to prosecute their journey and purpose, as is above signified. And whereas by the XlVth Article it was stipulated that the said Treaty and Confederacy should derogate nothing from any pre-eminency of Right and Dominion whatsoever of either of the Confederates, in any of their Seas, Straits, and waters whatsoever, but that they should have and retain the same to themselves in as ample a manner as they had all along enjoyed them, and as by right to them belonged ; now, therefore, that a fitting draught of such Certificates and Passports may be formed and observed, which may be answerable to the meaning of the aforesaid Articles, it is agreed and concluded on both sides, that for avoiding all frauds and concealments whatsoever of the Enemies' July 17, 1656.] SWEDEK. 889 goods, and all occasions of quarrels as to any Certificates and Passports, such forms as are underwritten verbatim shall be observed, and subscribed and signed by the Chief Magistrate of that Province and City from whence they come ; that then the true names of the Ships, carriages, merchandise, and Masters of the Ships be specified ; as also the punctual days and times, without any fraud, together with other descriptions of that sort, which are expressed in the following form of a Safe-conduct or Certificate. Wherefore, if any Person who shall declare up<5n the oath by which he is bound to his King, State, or City, that he has given in a true account, be convicted by sufficient proof of having concealed any fraud by his permission under his said declaration, he shall be severely punished as a transgressor of the said oath. Form of the Passport. We N. N., Governor or Chief Magistrate of the Province or City of N"., (the title or office of the respective Government of that place being added,) do make known and certify, that on the day of the month of N. N. N"., Citizens and Inhabitants of 1ST., and who are engaged and bound as Subjects of His Most Serene Eoyal Majesty of Sweden, and to our City, or of the Most Serene Lord Protector our Most Gracious Lord, and to our City, personally appeared before us in the City or Town of N"., in the Dominion (of His Most Serene Eoyal Majesty of Sweden, or of the Most Serene Lord Protector of England, just as it shall happen), arid declared to us, that the Ship or Vessel called N., of about lasts or tons, belongs to the Port, City or Town of N"., in the Dominion of N., and that the said Ship does rightfully belong to him or other Subjects of His Most Serene Eoyal Majesty of Sweden, or of the Most Serene Lord Protector ; that she is now bound directly from the Port N. to the Port N., laden with the following merchandise, viz. (here shall be specified the goods, with their quantity and quality ; for example, about so many chests or bales, hogsheads, &c., according to the quantity and condition of the goods,) and affirmed upon oath to the aforesaid N., that the said goods or merchandise belong only to the Subjects of His Most Serene Eoyal Majesty of Sweden, the Most Serene Lord Protector of England, or expressing to whatever other Nation they belong ; and that N. N. 1ST. have declared upon their said oath, that the said goods above specified, and no others, are already put on board or are to be put on board the above- named Ship for the said voyage, and that no part of those goods belongs to any one whatsoever but the Persons above mentioned ; and that no goods are disguised or concealed therein by any fictitious name whatsoever, but that the merchandise above mentioned is truly and really put on board, for the use of the said Owners and no others; and that the Captain of the said Ship named K N. is a Citizen of the City of N. Therefore, whereas after strict examination by us, the above-mentioned (Governor or Chief Magistrate of the City aforesaid), it fully 890 SWEDEN. [July 17, 1656. appears that the goods on board the said Ship or Vessel are free, and do truly and really belong to the Subjects of His Most Serene Royal Majesty of Sweden, or of the Most Serene Pro- tector, or to the Inhabitants of other Nations above mentioned; we do most humbly and earnestly require it of all and singular the Powers by land and sea, Kings, Princes, Eepublics, and free Cities ; also of the Generals of Armies, Admirals, Commanders, Officers, and Governors of Ports, and all others to whom the custody of any Harbour or Sea is committed, which meet this Ship in her Voyage ; or if she happen to fall in, among, or pass through their Squadrons, or to stay in their Harbours, that for the sake of the Treaties and Friendship which subsist respectively between them, or whoever are his Superiors, and the Most Serene King of Sweden, or the Most Serene Lord Protector our Most Gracious Lord, they will not only permit the said Captain with the Ship N., and the Men, goods, and merchandise to her belonging, to prosecute her voyage freely without let and molestation, but also, if he think fit to depart elsewhere from such Harbour, that they will show all kind offices to him and his Ships as a Subject of His Most Serene Royal Majesty of Sweden, or of the Most Serene Lord Protector, as they shall in like manner experience the same from our Most Serene King, or our Most Serene Lord Protector, and all his Ministers and Subjects iri the like or any other case. In witness whereof we have taken care that these Presents signed by our hands, be sealed with the Seal of our City. Given at our Court, &c. ARTICLE V. Prizes made Toy Enemies of one Country of Vessels of that Country not to be taken into Ports of the other Country. Neither of those Confederates shall suffer the Ships, Vessels, goods, or merchandise of the other, or of his People or Subjects, which are taken at Sea or elsewhere by Enemies or Rebels, to he brought into their Ports or Dominions, but shall publicly forbid anything of that kind to be done ; and if any Ships, Vessels, goods, or merchandise of either, or his People or Subjects, taken at Sea or elsewhere, shall be carried into the Ports or Countries of the other by any Enemy or Rebel of the Confederates, or either of them, that Confederate into whose Harbours they shall be carried shall not suffer the same, or any part thereof, to be sold in that Port, or any other other place in their Dominion ; but shall take care that the Master of the Ship or Vessel so taken, as also the Mariners and Passengers, shall, as soon as they arrive, be immediately set at liberty, together with all the Prisoners, Subjects of either Kingdom or Republic, as many as shall be brought thither ; nor shall he permit the said Ship and Vessel to stay in that Harbour, but shall command the said Ship, with July 17, 1656. J SWEDEN. 891 her goods, merchandise, and lading, immediately to leave the Harbour: Provided, nevertheless, that nothing in this Article be turned to the prejudice of the Treaties formerly entered into by either of the Confederates with other Nations ; and where these things do not interfere, the above Article shall remain in full force. ARTICLE VI. Regulations for Visit of War-ships. It shall be free for the Men-of-War and Guard-Ships of either of the Confederates to enter into the Ports, Havens, or Rivers of the other, where such Ships use to repair, and there to cast anchor, stay, and to depart from thence without any injury or molestation, provided these conditions are observed. 1. That it shall not be free to carry into the Harbours of the Confederate any Squadron exceeding 5 or 6 ships, without giving some notice thereof beforehand. 2. That the Commander of the Squadron and Ships shall, without delay, exhibit his Letters of safe conduct to the Governor of the Castle, Fort, City, or Province, or acquaint the Magistrate of the place where he arrives with the reasons of his coming, and for what end, and how long he designs to stay in that Port or Haven. 3. That such Ships shall not come or stay nearer to those Castles or Forts than is convenient. 4. That the Mariners, Ships' Companies, and Soldiers shall not go ashore in bodies above 40 at a time, nor in any number that may give suspicion. 5. That while they are there they shall not do any damage to any Person, not so much as their Enemies ; and, above all, shall not stop or obstruct the passage of any Merchant Ships whatsoever, into or out of the Harbour. 6. That they shall not leave their station for the sake of infesting the navigation of any Nation whatever. 7. That they shall in all respects live and behave modestly, quietly, and conformably to the Laws and customs of every place, and have special regard to the reciprocal friendship between the Confederates. Where the terms aforesaid are rightly observed according to the true meaning of the words, it shall be lawful for the Men-of-War of either Confederate to keep upon the Coasts, and continue in the Harbours of the other Confederate, whether for avoiding tempests and Enemies, or for rendezvousing and assembling Merchant Ships, or any other just causes. But if either of the Confederates shall think it advantageous or necessary to enter the Ports of the other Confederate with a greater number of Ships, and to enjoy the conveniences thereof, he shall signify the same to his Confederate 2 months beforehand, during which time the ways and means of admitting the same shall be settled. 892 SWEDEN [July 17, 1656. AETICLE VIII. General Most -favoured-tuition Treatment. The Subjects of the said Most Serene Lord Protector and the said Republic shall also hereafter enjoy all the prerogatives in the several branches of trade which they used to carry on in Prussia and Poland, or elsewhere, in the Dominions of the said Most Serene King of Sweden, which they enjoyed heretofore, in preference to other Nations; and if at any time they desire further privileges, their desires shall be gratified by all the means possible ; and if the said Most Serene King of Sweden shall grant greater and more ample privileges than the above mentioned, in Poland and Prussia, to any Nation besides, or People not subject to him, or shall suffer any Nation or People to enjoy such larger privileges there, then the People and Citizens of this Eepublic shall enjoy the same privileges in all respects, after they have desired it of His Most Serene Eoyal Majesty. And moreover, if any Edicts that have been published since 1650 happen to be burdensome to the English and Scots dwelling or trading in Poland or Prussia, the same shall, after this time, be of no force, as far as it can be rendered so in the Dominions of the Most Serene King of Sweden ; but the subjects of the said Lord Protector shall hereafter be entirely free from those burdens. ARTICLE IX. Commerce in America. As to the commerce to be carried on in America, it is expressly provided by Law that the Subjects of no Eepublic besides shall be empowered to trade there in common without a Special Licence ; but if any of the Subjects of the Most Serene King of Sweden, furnished with his recommendations, shall privately solicit such Licence of the Lord Protector to trade to any of those Colonies whatsoever, he will in this respect comply with the desire of His Most Serene Eoyal Majesty of Sweden, as far as the state of his affairs and of the Eepublic will for that time permit. AETICLE X. Herring Fishery on British Coast open to Swedes. It shall be free for the Subjects of the Most Serene King of Sweden to fish and catch herrings and other fish in the Seas and on the Coasts which are in the Dominion of this Eepublic, provided the Ships employed in the Fishery do not exceed 1,000 in number; nor. while they are fishing shall they be anyways hindered or molested, nor shall any charges be demanded on the account of the fishing by the Men-of-War of this Eepublic, nor July 17, 1656. Oct. 21, 1661.] SWEDEN. by those who are commissioned privately to trade at their own expence, nor by the Fishing Vessels on the Northern Coasts of Britain, but all Persons shall be treated courteously and amicably, and shall be allowed even to dry their nets on the shore, and to purchase all necessary provisions from the Inhabitants of those places at a fair price. Done at Westminster, the 17th of July, 1656. Xo, 172. TREATY OF PEACE AND COMMERCE BETWEEN GREAT BRITAIN AND SWEDEN. Concluded at Whitehall, October 21, 1661. (Translation.) ARTICLE I. Peace and Friendship. FIRST, it is concluded and accorded that there be and remain a good, firm, sincere, and perpetual Peace, Amity, Alliance, and correspondence between His Sacred Majesty the King of Great Britain on the one part, and His Sacred Majesty the King of Sweden on the other; and all and singular their Dominions, Kingdoms, Countries, Provinces, Islands, Plantations, Lands, Cities, Towns, People, Citizens, and generally all their Subjects and Inhabitants : so that each part treat and use the other with all real friendship and affection. ARTICLE II. Each Country to warn the Other against Conspiracies, &c. The said Confederates, their People, Subjects, and Inhabitants, shall, as opportunity is offered, take care of and promote the welfare of each other, and shall advertize each other, upon know- ledge thereof, of all imminent dangers, plots, and conspiracies of Enemies against the other ; and as much as in them lies, oppose and hinder the same. Neither shall the one Confederate by himself, or any else, treat of, act, or attempt anything to the prejudice and disadvantage of the other, his Lands, or Dominions, [536] 3 N 894 SWEDEN. [October 21, 1661. in whatsoever place, whether at sea or land; nor shall any way assist the Eebels or Enemies of the other to the damage of the Confederate; nor receive or entertain within his Dominions any Rebel or Traitor who shall attempt anything against the other's State, much less afford them any counsel, help, or favour, or permit it to be clone by any of his Subjects, People, and Inhabitants. ARTICLE III. Freedom of Commerce and Navigation. The said Kings and Kingdoms shall take diligent care that, as much as in them lies, all impediments and obstacles be removed, which have hitherto interrupted the freedom of navigation and commerce, as well between both Nations as with other People and Countries within the Dominions, Lands, Seas, and Rivers of either ; and shall sincerely endeavour to assert, maintain, defend, and promote the aforesaid liberty of navigation and commerce against all the Disturbers thereof, by such ways and means as either in this present Treaty or hereafter shall be agreed upon ; neither shall they suffer that either by themselves, their Subjects, and People, or through their default, anything done or committed contrary hereunto. ARTICLE IV. Commerce and Nu.riyit.ion. Most-favoured-nation Treatment. That either of the aforesaid Confederates, their People and Subjects, may, without any Safe-Conduct, Licence generator special, freely and securely go and enter by land or sea, in and to the Kingdoms, Countries, Provinces, Lands, Islands, Cities, Villages, Towns, whether walled or un walled, fortified or other- wise, Havens, and whatsoever Dominions of the other, and there stay, and from thence return, or pass through ; and in the same places, upon just prices, procure and have provision of victuals for their use and sustenance, and be used with all friendly offices. And that either Confederate, their People and Subjects, may trade and have commerce in all places, where commerce has hitherto been exercised in what goods and merchandises they please, and may freely import and export the same, paying the Customs which are due, and conforming themselves to the Laws and Ordinances of each Kingdom, whether the same concern trade or any other right*; which presupposed, the People, Subjects, and Inhabitants of both Confederates shall have and enjoy in each other's Kingdoms, Countries, Lands and Dominions, as large and ample privileges, relaxations, liberties, and immunities as any other Foreigner at present doth, or hereafter shall enjoy there. October 21, 1661,] SWEDEN. 895 ARTICLE V. Immunity of Persons, Vessels, and Goods. No Merchants, Captains, and Masters of Ships, Mariners, nor any other Persons, Ships, goods, or merchandise belonging to either Confederate, shall, upon any public or private account, by virtue of any Edict, general or special, within any of the Lands, Havens, Sea-roads, Coasts, or Dominions of the other, for any public service, or expedition of War, or any other cause, much less for any private use, be seized, embarked, arrested, forced by violence, or be any other way molested or injured : Provided only, such arrests as are conformable to justice and equity be not hereby prohibited, so be it they are made according to the ordinary course of Law, and not granted upon private affection or partiality, but are requisite for the administration of right and justice. ARTICLE VI. Vessels in Distress. , . In ease any of the Ships of either Confederate, whether of War or Merchants, belonging to the Subjects and People of either, be by occasion of tempest, pursuit of Pirates, and Enemies, or any other urgent necessity, constrained to put into each other's Havens, Roads, or Shores, they shall be received there with all kindness and humanity, and enjoy all friendly protection, and be permitted to refresli themselves, and procure at a reasonable price all things needful for their sustenance, reparation, or use. Neither shall they be hindered from going out of the said Ports or Roads at then- pleasure, without paying any Customs or Duties : Provided they do nothing contrary to the Laws, Ordinances, and Customs of the place, which the said Ships shall enter into or abide in. ARTICLE VII. Wrcd't ft n'/ Salvage. In like manner, if any Ship or Ships, whether public or private belonging to either Confederate, their People and Subjects, shall within any of the Coasts or Dominions of the other stick upon the sands, or be wrecked, (which God forbid,) or suffer any damage, all friendly help and relief shall be given them upon a competent reward. And whatever shall be remaining of the goods thrown overboard, or after shipwreck, or any other damage sustained, shall be kept in safe custody, and restored to the Owners ; so be it they, or such whom they shall appoint, do lay claim to the Ships and goods within a year's space from the time of the shipwreck, saving- always the rights and customs of each Nation. [536] 3tf2 896 SWEDEN, [October 21, 1661, ARTICLE VIII. Administration of Justice. Protection of Persons. In case the People and Subjects on either part, whether they be Merchants, Factors, or Servants, Masters of Ships, Mariners, or such others, who travel and inhabit within the Dominions of the other, or those who act on their behalf before any Court of Judicature, for recovery of their debts, or for other lawful occasions, shall stand in need of the Magistrate's help ; the same shall be readily, and according to the equity of their cause, in friendly manner granted them, and justice shall be administered to them without long and unnecessary delays. Neither shall they be any way molested upon any pretence in the dispatch of their affairs, in their journeying, bargaining, and receiving the price of their commodities ; but that all love and friendship be extended towards them. And it shall be free for them, on both sides, in their passage to and again, in each other's Coasts, Ships, Havens, and public places, to wear about them arms, for their proper defence, so be it they give no just suspicion to the Governor or Magistrate of the place of any design against the public or private Peace ; but he especially who behaves and demeans himself soberly and inoffensively, shall be protected from all injury, violence and molestation, ARTICLE IX. Regulations for Visits of War-ships. The said Confederates, and all and singular their People and Subjects, may buy and export out of all the Countries, Dominions, and Kingdoms of the other, all kind of armour and provision of War, and may safely and freely put in with their Ships, and arrive at each other's Ports, Havens, and Shores, and there stay, and thence depart, they carrying themselves peaceably, and con- formably to the Laws and customs of the respective places, and not disturbing the freedom of commerce therein. In like manner the Ships of War shall have free access to the Ports of either, there to stay, come to anchor, and return without any injury or molestation, but upon these conditions : 1. That the Fleet to be brought into the Ports of either Confederate, shall not exceed the number of 5 or 6 Ships, without notice first given thereof. 2. That without delay the Admiral or Commander of the Fleet and Ships, shall show his Letters of Safe-conduct to the Governor or Chief Magistrate of the Castle, Fort, City, or Province, where they arrive, signifying the cause of their arrival, and declare to what end and how long they resolve to continue there. 3. That in such case the Ships keep a just distance from the Castles arid Fortresses. 4. That not above 40 Mariners and Soldiers, or so many as may give suspicion, come on shore together and in company. October 21, 1661.] SWEDEN. 897 5. That they give offence to none there, not so milch as to their Enemies, and especially hinder or obstruct not the entrance and egress of any Merchants' Ships whatever. 6. That they go not thence as from their own road, and return again to the disturbance of the navigation of any Nation. 7. That they live, and in all things demean themselves peaceably and conformably to the Laws and customs of each place, and chiefly to the mutual friendship of the Confederates ; but, if either of the Confederates shall hold it convenient or necessary with a greater number of Ships, to enter into the Ports of the other, and enjoy the benefit thereof, he shall declare his purpose 2 months before to the other Confederate ; and then the means and manner of admitting them shall be agreed upon ; but if the Ships of either be compelled into the other's Ports, by danger of tempest, sea, or Enemies, in such case the cause of their arrival shall be signified to the Governor or Chief Magistrate of the place, and they shall continue there no longer than the said Governor or Chief Magistrate shall permit, observing always the Laws and customs in this Article before-mentioned. ARTICLE X. Freedom of Travel and Trade. The Subjects and Inhabitants of the King and Kingdom of Great Britain may safely and freely travel in the Kingdoms, Dominions and Territories of the King of Sweden, and pass through the same by sea or land to any other Nations, freely to traffic and have commerce with them, in all sorts of merchandise, and to import and export the same. And the Subjects of the King of Sweden shall enjoy the same freedom in the Kingdoms, Dominions, and Territories of the King of Great Britain ; pro- vided the Laws, Ordinances, and particular rights of each Nation, concerning trade and commerce, be observed on both sides. ARTICLE XL Contraband of War. Although, in the preceding Articles of this present Treaty, it be forbidden to either Confederate, to 'yield any aid or assistance to the Enemies of the other ; yet it is not to be so understood, as if either Confederate, having no War with the Enemies of the other, might not sail to, or traffic with, the said Enemies, notwithstanding that the other Confederate be in actual War with them. But it is only provided, that no goods called goods of contraband, arid par- ticularly, that no money, provision, weapons, fire-arms, with their appurtenances, fire-balls, gun-powder, match, bullets, spear-heads, swords, lances, pikes, halberts, ordnance, mortar-pieces, petards, grenadoes, rests, bandeliers, saltpetre, pistols, small shot, pots, head-pieces, backs and breasts, or such kind of armour ; Soldiers "898 SWEDEN. '[October 21, 1661. horses, all furniture necessary for horses, holsters, belts, and whatsoever warlike instruments ; as also, that no Ships of War, or Convoys, be furnished to the Enemy, without peril, in case they be taken, of being adjudged lawful prize, without hope of restitu- tion. And neither of the Confederates shall suffer any of his Subjects to give aid, sell, or lend Ships, or be any way useful to the Enemies or Eebels of the other to his prejudice or detriment ; but it shall be lawful for either Confederate, his People and Subjects, to have commerce with the Enemies of the other, and to carry to them all kinds of merchandise, not before excepted, without any let or hindrance, unless it be into such Ports and Places as are besieged by the other, and in such case, it shall be lawful for them to sell their commodities to the Besiegers, or otherwise to betake themselves to any other Port which is not besieged. ARTICLE XII. Passports. But lest such navigation and intercourse of the one Confederate, his People and Subjects, by land or sea, with other Nations, during the War of the other Confederate, should redound to the prejudice of the said other Confederate ; and lest goods of Enemies should pass concealed under the name of Friends ; for the removing of all suspicion and prevention of fraud herein, it is agreed that all Ships, waggons, wares, and Men belonging to either Confederate, shall in their passage have Letters of Safe Conduct, commonly called Pass- ports and Certificates, whereof the hereunder written forms shall be word for word observed, and subscribed and signed by the Chief Magistrate or Head Commissioners of the Customs and Imposts of that Province and City whence they come, and the true names of the Ships, carriages, wares, Masters of the Ships, shall be specified, the days also and times, together with such other descriptions as are expressed in the following form of a Certificate, shall without any fraud be particularized. Wherefore, if any one who upon the faith of that oath, whereby he is bound to his Prince, State, or City, shall affirm, that he hath alleged nothing but the truth, and afterwards be convicted of wilful fraud in that allegation, he shall be punished with severity, and as a Person guilty of the breach of that oath. Form of Passport. We, K. N., Governor or Chief Magistrate, or Commissioners of the Imposts and Customs of the City or Province of N. [putting ///<' title or office of the respective Govermncnt of that place] do certify, that upon the day of the month of in the year of our Lord , K K ]ST. Citizens and Inhabitants of N". and Subjects of His Majesty, the King of Great Britain, or the King of Sweden, (as the case shall happen,) did personally appear before us in the City or Town of N. under the Dominion of His Majesty the King of Great Britain, or of His October 21, 1661.] SWEDEN. 899 Majesty the King of Sweden, and did there upon the faith of that oatli, whereby they are bound to His Majesty the King of Great Britain, our Most Gracious Sovereign, or to His Majesty the King of Sweden, our Most Gracious Sovereign, and to our City, declare that the Ship or Vessel called 1ST. of N. lasts or tons, doth belong to the Port, City, or Town of 1ST. of the Dominion of N. and that the said Ship does properly and of right appertain thereunto, or the Subjects of His Majesty the King of Great Britain, or the King of Sweden, but now from the Port N". is bound for N. freighted with the goods following, viz., [here let the goods be specified, with their quantity and quality, for example, about so many loads or packs, about so many hogsheads, &c., according as the quantity or condition of the merchandise shall be,] and did affirm upon the aforesaid oath, so much K. of the said goods and merchandise to belong to the Subjects of the King of Great Britain, or of the King of Sweden, or so much N. unto N". N. N. [let it be expressed of what Country the Owners be] and that N. N". N. upon the oath aforesaid alleged, that the said goods above specified, and no others, were put, or to be put on board the said Ship for that voyage, and that no part thereof belongeth to any other than the Persons aforesaid ; and that therein there are no other goods hidden under any false or counterfeit name whatsoever, but that the aforesaid merchandise were truly and really for the use of the said Owners and Proprietors, and no others ; and that the said Master of the Ship, named N. is a Citizen of N. Wherefore, since upon strict inquiry it is manifest to us [the Governor, Chief Magistrate, or Commissioners of the Customs of the City aforesaid] that the said Ship, or Vessel, and goods are free, and do really and truly belong to the Subjects of His Majesty of Great Britain, or His Majesty of Sweden, or the aforesaid Inhabitants of other Countries ; We do, with all respect, humbly desire all Powers by land or sea, Kings, Princes, Commonwealths, Free Cities, as also all Generals, Admirals, General Officers, Governors of Ports, and all others, to whom the guard of any Port or Sea is committed, who shall happen to meet this Ship under sail, or into whose Fleet she shall fall, or in whose Ports she shall happen to stay, that in regard to the Friendship and Alliance which is between every of them, or their Superiors, and His Majesty of Great Britain, our Most Gracious Sovereign, or His Majesty of Sweden, our Most Gracious Sovereign, that they would not only suffer and permit the said Master with the Ship N. the Persons, goods, and merchandise belonging there- unto, without any let or hindrance, freely to make his voyage, but also (if he think convenient to go anywhere else from the said Port) that they would do him all civil offices, as a Subject of His Majesty the King of Great Britain, or of the King of Sweden, expecting the like returns from His Majesty the King of Great Britain, or His Majesty the King of Sweden, his Officers and Subjects in the like or other case. In witness whereof, we have subscribed these Presents, and sealed the same with the common Seal of our City. Dated, &c. 900 SVVEbEW. [October 2l, 1661. Whenever, therefore, any the merchandise, goods, Vessels, or Men belonging to either, their People and Subjects, shall be met with, either in open Sea, or in any Channel, Haven, Eoad, Land, or any other place, by the Ships of War, public or private, or by any the People, Subjects, and Inhabitants of the other, or shall happen to be in one place with them, they producing their Letters of Safe Conduct and Certificates aforesaid, shall have nothing farther exacted of them, no search made, either of goods, Vessels, or Men, much less shall they receive any damage, injury, or molestation, but shall be suffered to pass on with freedom to pursue their occasions. But if this stated and appointed form of Certificate be not produced, and there be just cause of suspicion, then the Ship ought to be visited, which (it is to be understood) shall be allowed only in such and no other case. And if any the People and Subjects of either side shall do or commit anything contrary to the proper sense of this present Article, either .Confederate shall take care that severe punish- ment be inflicted on the Offender, and cause full and speedy satisfaction to be made to the Parties wronged for all costs and damages. ARTICLE XIII. Prizes made by Enemies of either Country of Ships of that Country not to be taken to Ports of the other. Neither of the said Confederates shall suffer the Ships, Vessels, goods, or merchandise of the other, his People or Subjects, taken at sea or elsewhere by his Enemies or Rebels, to be carried into his Ports or Dominions, but shall publicly forbid the same to be done ; but if any Ships, Vessels, goods, or merchandise of either, his People or Subjects, taken at sea or elsewhere, shall be brought by any the Enemy or Kebel of the Confederates, or either of them, into the Ports and Territories of the other, he shall not suffer the same, or any part thereof, to be sold in that Port, or other his Dominions ; but shall take care that the Master of the Ship or Vessel so taken, as also the Seamen and other Passengers, shall, immediately upon their arrival, be set free, together with all the Prisoners who are Subjects of the other Kingdom, and shall not suffer the said Ship or Vessel to remain in that Port, but forthwith dismiss the same with all its goods, merchandise, and burthen ; provided always that by this Article no prejudice be done to the Agreements heretofore made with other Nations by either of the Confederates ; but in all other cases, the said Article shall obtain full force and vigour. ARTICLE XIV. Infraction of Treaty by Private Individuals. In case it shall hereafter happen that, during this Amity and Confederation, any of the People or Subjects of either shall act October 21, 1661 .] SWED Eff , 901 or attempt anything against the same, or any part thereof, either by land, sea, or other waters, this Amity, Confederation, and Alliance, shall not be thereupon interrupted or broken off, but shall remain and continue still in full force and virtue ; only in such case the particular Persons which have offended, shall be punished, and no others ; and justice shall be done, and satisfac- tion made to all Persons injured, within 12 months after demand thereof. And in case the Persons so offending shall not appear and submit themselves to justice, and make satisfaction within the said term, the said Persons shall be declared Enemies to both States, and their estates and goods whatsoever shall be confiscated and employed to a due and full satisfaction for the wrong by them done ; and their persons shall be liable to further punish- ment, when they shall come within the power of either State, as the quality of their offence shall deserve. ARTICLE XV. Territorial Waters. This present Treaty and Confederation shall in nothing derogate from any pre-eminence, right or dominion of either Confederate within any his own Seas, Channels, or Waters, but that they have and retain the same in as full and ample manner as they have hitherto had, or as of right belongs to them. ARTICLE XVI. No Treaty to be made with other Nations prejudicial to this Treaty. It being the primary intent of this League and Amity, that each Confederate, their People and Subjects, might enjoy such freedom of navigation and commerce, as is described in the foregoing Articles, within the Baltic, Sound, Northern, Western, and British Seas, Mediterranean, and Channel, and other the Seas in Europe ; therefore all sincere endeavour shall be used on both sides, by common advice, aid, and assistance, that the aforesaid mutual liberty of navigation and commerce be established, promoted, and (as occasion is) defended against all the Disturbers thereof, who shall go about to interrupt, prohibit, hinder, or restrain and limit the same to their own will and pleasure, in prejudice of the said Confederates ; and either Party shall, with all willingness and readiness, promote the good and prevent the hurt of each other, saving the Treaties which either Nation hath made with other Kingdoms, Commonwealths, and Nations ; but neither Confederate shall hereafter make any League or Agreement in prejudice of this present, with any other People or Nation, without the privity and consent of the other; or if any such Agreement be hereafter made, the same shall be reputed null and' void and give place to this present Treaty. 902 SWEDEN. [Oct. 21, 1661. Feb. 5, 1766. ARTICLE XVII. Ratifications. Whatever is agreed on in the foregoing Articles, shall be in force and virtue from this present time, and be truly observed on both sides by all such as are within each other's allegiance. And for the further confirmation thereof, shall be subscribed, signed, and ratified, as well by His Majesty of Great Britain, as by His Majesty of Sweden, under their hand-writing and Seals, within 6 months next ensuing the date of these Presents. Done at Whitehall, the 21st day of October, 1661. No. 173. TREATY OF COMMERCE AND ALLIANCE BETWEEN GREAT BRITAIN AND SWEDEN. Signed at Stockholm, February 5, 1766. (Extract.) ARTICLE I. Friendship and Alliance. Les 2 Hauts Allies s'engagent, pour eux, leurs He'ritiers et Successeurs, et leurs Sujets respectifs, de vouloir, comme de bons et fideles Amis Allies, se procurer mutuellement tout le bien, avantage et consideration possible, et de contribuer de Tun cote* et de 1'autre a tout ce qui pourra servir a resserrer de plus en plus les noeuds d'une amide" sincere et permanente. ARTICLE II. G-eneral Most-favoured-nation Treatment. Les Sujets des 2 Puissances jouiront reciproquement, dans les Royaumes, Ports, Rades, Rivieres, &c., de 1'une et de 1'autre, de tous les droits, avantages et iminunites dont jouissent ou pourront jouir ci-apres les Nations les plus favorisees, excepte dans le cas contenu dans le Illme Article du Traite Preliminaire de Commerce conclu entre les Couronnes de Suede et de France, le -4 d'Avril, 1741, concernant les Droits a payer dans le Port de Wismar.* * Extract from the Preliminary Convention of Commerce between Sweden and France. Signed at Versailles, April 25, 1741. " ART. III. Les Sujets de Sa Majeste Trs Chr6tienne jouiront dans la Ville, Port, et Territoire de Wismar, a I'exclusion de toutes les autres Nations, du privilege de ne payer pour les effets et marchandises, qu'ils y porteront par .leurs propres Vaisseaux, que 3-quarts pour cent de la valeur des dits effets ou marchandises pour tous Droits de Douane ou autres, quels qu'ils puissent e~tre, soit que les marchandises s'y consomnaent, ou qu'elles en soient exportees, ainsi qu'il est regie pour les Sujets mOmes de Sa Majeste" Suedoise.' Fob. 5, 1766. July 18, 1812.] SWEDEN. DOS Fait a Stockholm, le 5 me Fevrier, 1766. (L.S.) J. GOODEICKE. (L.S.) CARL GUSTAF LOWENHIELM. (L.S.) CARL LAGENBERG. (L.S.) FRIED. FRIESENDORFF. (L.S.) ADM. HOKNE. (L.S.) A. LAGERBIELCKE. (L.S.) J. VON DIEBEN. (L.S) C. LAGERFLYCHT. No. 174. TREATY OF PEACE, UNION, AND FRIENDSHIP BETWEEN GREAT BRITAIN AND SWEDEN. Signed at Orclm, July 18, 1812.* In the Name of the Most Holy and Undivided Trinity. His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Sweden, being equally animated with the desire of re-establishing the ancient relations of friendship and good understanding between the two Crowns, and between their respective States, have named for this purpose their Plenipotentiaries, that is to say : His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty the King of the United Kingdom of Great Britain and Ireland, Edward Thornton, Esquire ; and His Majesty the King of Sweden, Lawrence Baron d'Engestrom, one of the Nobles of the Kingdom of Sweden, Minister of State and of Foreign Affairs, Chancellor of the University of Lund, Knight and Commander of the Orders of the King, Knight of the Royal Order of Charles the Thirteenth, Grand Eagle of the Legion of Honour of France ; and Gustavus Baron de Wetterstedt, Chancellor of the Court, Commander of the Order of the Polar Star, one of the Eighteen Members of the Swedish Academy ; the which Plenipotentiaries, after having exchanged their full powers, drawn up in full and due form, have agreed upon the following Articles : * Signed also in French, 904 SWEDEN, [July IS, 1812. ARTICLE I. Peace and Friendship. There shall be between their JMajesties the King of the United Kingdom of Great Britain and Ireland, and the King of Sweden, their heirs and successors, and between their subjects, kingdoms, and respective States, a firm, true, and inviolable peace, and a sincere and perfect union and friendship, so that from this moment every cause of misunderstanding, which may have existed between them, shall be regarded as entirely ceasing and done away. ARTICLE II. Confirmation of Commercial Treaties subsisting on January 1, 1791. The relations of friendship and commerce between the two kingdoms, shall be re-established upon the footing on which they stood on the 1st day of January, 1791 ; and all the Treaties and Conventions subsisting between the two countries at that epoch, shall be regarded as renewed and confirmed, and they are, by the present Treaty, renewed and confirmed accordingly. ARTICLE III. Assistance to Sweden in Case of War with other Powers. If in resentment of the present pacification, and tho re-estab- lishment of good understanding between the two countries, any power whatsoever shall make war upon Sweden, His Majesty the King of the United Kingdom of Great Britain and Ireland engages to take measures, in concert with His Majesty the King of Sweden, for the security and independence of his States. ARTICLE IV. 'Ratifications. The present Treaty shall be ratified by the two High Con- tracting Parties, and the ratifications shall be exchanged within six weeks, or sooner, if possible, In faith whereof we the Undersigned, in virtue of our full powers, have signed the present Treaty, and have fixed thereto the seal of our arms. Done at Orebro, the eighteenth day of the month of July, in the year of our Lord one thousand eight hundred and twelve. EDWARD THORNTON. THE BARON D'ENGESTROM. (L.S.) (L.S.) G. BARON DE WETTERSTEDT. (L.S.) April 24, 1824.] SWEDEN. -9 5 No, 175. DECLARATIONS OF SWEDEN, FOR THE ABOLITION OF CERTAIN DUES AFFECTING BRITISH COMMERCE, IN THE PORTS OF SWEDEN. Signed at Stockholm-, April 24, 1824, DECLARATION No. 1. Commerce and Navigation, Pilotage, Lighthouse, Tonnage, Harbour, and other Dues. National Treatment. LE Soussigne, Ministre d'Etat et des Affaires Etrangeres de Sa Majeste Le Eoi de Suede et de Norvege, ayant rec^u la Declaration de Monsieur le General Bloomfield, Envoye Extraordinaire et Ministre Plenipotentiaire de Sa Majeste Le Eoi du Eoyaume Uni de la Grande Bretagne et d'Irlande, en date de ce jour, contenant 1'assurance d'une parfaite reciprocite, declare par la presente, en vertu de I'Autorisation a lui donn^e, an Nom et de la Part du Eoi, Son Tres Gracieux Souverain : Que les Batimens de Commerce Anglois arrivant dans les Ports ou Parages du Eoyaume de Suede, seront a 1'aveinr traites sur le meme pied que les Batimens Nationaux, pour ce qui concerne les droits de Pilotage, de Fanaux, de Tonnage, et, en general, tous les droits compris sous la denomination de droits de Port dus a la Couronne (Skepps-umgdldcr) de quelque nature que ce soit : Que les Batimens de Commerce Anglois seront e*galement assimiles aux Batimens Nationaux, par rapport aux droits de Sauvetagc, sans aucune restriction ou difference : Et que le Commerce Suedois, jouissant deja d'un avautage reciproque dans les Ports de la Grande Bretagne, les dispositions susmentionnees, en favour du Commerce Anglois, seront mises en vigueur, dans tous les Ports du Eoyaume de Suede, sans delai, et avec autant de promptitude que faire se pourra. En foi de quoi le Soussigne a signe la presente Declaration, et y a fait apposer le Cachet de ses Armes. Fait a Stockholm, le vingt-quatre Avril 1'An de Grace mil- huit-cent vingt-quatrc. (LS.) LAUEENT COMTE D'ENGESTEOM. 906 SWEDEN. [April 24, 1824. DECLARATION No. 2. Imports, Exports. Colonies. Commerce and Navigation. National Treatment. LE Soussigne, Ministre d'Etat et des Affaires Etrangeres de Sa Majeste Le Roi de Suede et de Norvege, ayant rec,u la Declaration de Monsieur le General Bloomfield, Envoye Extraordinaire et Ministre Plenipotentiary de Sa Majeste Le Roi du Royaume Uni de la Grande Bretagne et d'Irlande, en date de ce jour, contenant 1'assurance d'une parfaite reciprocite, declare par la presente, en vertu de 1'autorisation a lui donnee, au Norn et de la Part du Roi Son Tres Gracieux Souverain : Que toutes les productions du sol ou des manufactures du Royaume de la Grande Bretagne et de ses Colonies, dont rimporta- tion en Suede est permise a bord de Batimens Suedois, d'apres les Reglemens existans, pourront etre importees en Suede par des Batimens Anglois venant en droiture des Ports de la Grande Bretagne, sans etre soumises, a leur entree, a des droits a la Couronne plus hauts ou autres, que si elles etaient chargees a bord d'un Batiment Suedois : Que toutes les denrees dont 1'exportation ne serait point prohibee, pourront etre exportees des Ports du Royaume de Suede, a bord de Batimens Anglois, pour tel endroit que ce soit, sans etre soumises, a leur sortie, a des droits a la Couronne plus hauts ou autres, que si elles etaient chargees a bord d'un Batiment Suedois : Mais que les Batimens de Commerce Suedois ne jouissant point de la liberte de visiter les Ports des Colonies et Possessions ultramarines de 1' Angle terre, il est entendu, que les imnmnites ci-dessus designees ne sont point applicable^ dans les Ports de Suede, aux marchandises apportees dans des Batimens appartenans aux dites Colonies et Possessions ultramarines ou dans des Batimens Anglois proprement dits, venant en droiture des Colonies Angloises. Et finale men t, que les Stipulations susmentionnees, fondees sur la promesse d'une exacte reciprocite dans les Ports de la Grande Bretagne, en faveur du Commerce Suedois, seront mises en vigueur dans les Ports du Royaume de Suede, a compter du l er Juin de la presente annee mil-huit-cent vingt-quatre. En foi de quoi le Soussigne a signe la pre'sente Declaration, et y a fait apposer le Cachet de ses Amies. Fait a Stockholm, le vingt-quatre Avril 1'An de Grace mil- huit-cent vingt-quatre. (L.S.) LAURENT COMTE D'ENGESTROM. March 18, 1826.] SWEDEN AND NORWAY. 907 SWEDEN AND NOBWAY. No. 176. CONVENTION OF COMMERCE AND NAVIGATION BETWEEN GREAT, BRITAIN AND SWEDEN AND NORWAY. Signed at London, March 18, 1826.* His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Sweden and Norway, having, by Declarations exchanged on the twenty-fourth day of April and sixteenth day of July, 1824, entered into stipula- tions for removing impediments affecting the Navigation and Trade of their respective States ; and Their said Majesties being mutually desirous of still further extending and improving the relations of Friendship and Commerce now happily subsisting between them and Their respective subjects, and of placing the arrangements already agreed upon by the Declarations aforesaid, upon a more sure and satisfactory footing, have appointed Their Plenipotentiaries to conclude a Convention for these purposes, that is to say : His Majesty the King of the United Kingdom of Great Britain and Ireland, The Eight Honourable George Canning, a Member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, and His said Majesty's Principal Secretary of State for Foreign Affairs ; and The Eight Honour- able William Huskisson, a Member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations, and Treasurer of His said Majesty's Navy ; And His Majesty the King of Sweden and Norway, the Sieur Gustavus Algernon, Baron de Stierneld, His First Gentleman of the Chamber, Under-Chancellor of His Orders, Commander of the Order of the Polar Star, Knight of the Order of St. Anne of Eussia of the Second Class, and of the Order of the Eed Eagle of Prussia of the Third Class : and His said Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of His Britannick Majesty : Who, after having communicated to each other their respective Full Powers, found to be in due and proper form, have agreed upon and concluded the following Articles : * Signed also in Swedish. 908 SWEDEN AND NOBWAY. [March is, 1826. ARTICLE I. Confirmation of Declarations of April 24 and July 16, 1824. The several stipulations contained in the Declarations exchanged between the Plenipotentiaries of His Majesty The King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Sweden and Norway, on the twenty- fourth day of April and sixteenth day of July, 1824, shall continue in force between the High Contracting Parties, respectively, for the term of the present Convention, and shall be equally binding upon the said Parties, Their Officers and Subjects, except as far as the same may be hereinafter varied, as if the same had been inserted, word for word, in this Convention, ARTICLE II. Shipping Duties. National Treatment. British Vessels entering or departing from the Ports of the Kingdoms of Sweden and Norway, and Swedish and Norwegian Vessels entering or departing from the Ports of the United Kingdom of Great Britain and Ireland, shall not be subject to any other or higher ship-duties or charges, than are or shall be levied on national Vessels entering or departing from such Ports respectively. ARTICLE III. Imports and Exports in Vessels of either Country. National Treatment. All goods, wares, and merchandize, whether the production of the Kingdoms of Sweden and Norway, or of any other Country, which may be legally imported from any of the Ports of the said Kingdoms into the United Kingdom of Great Britain and Ireland in British Vessels, shall, in like manner, be permitted to be so imported directly in Swedish or Norwegian Vessels ; and all goods, wares, and merchandize, whether the production of any of the Dominions of His Britannick Majesty, or of any other Country, which may be legally exported from the Ports of the United Kingdom, in British Vessels, shall, in like manner, be permitted to be exported from the said Ports in Swedish or Norwegian Vessels. An exact reciprocity shall be observed in the Ports of Sweden and Norway, so that all goods, wares, and merchandize, whether the production of the United Kingdom, or of any other Country, which may be legally imported from the Ports of the United Kingdom into the Ports of Sweden and Norway, in Swedish or Norwegian Vessels, shall, in like manner, be permitted to be so imported from the Ports of the United Kingdom in British Vessels ; and all goods, wares, and merchandize, whether the production of any of the Dominions of March 18, 1826.] SWEDEN AND NORWAY. 909 His Swedish Majesty, or of any other Country, which may be legally exported from the Ports of Sweden or Norway in Swedish or Norwegian Vessels, shall, in like manner, be permitted to be exported from the said Ports in British Vessels. AETICLE IV. Imports and Exports in Vessels of either Country. Duties, Bounties, Drawbacks, $c. National Treatment. All goods, wares, and merchandize, which can legally be imported into the Ports of either Country directly from the other, shall, upon such importation, be admitted at the same rate of duty, whether imported in Vessels of the one or the other country ; and all goods, wares, and merchandize, which can be legally exported from the Ports of either Country, shall, upon such exportation, be liable to the same duties, and be entitled to the same bounties, drawbacks and allowances, whether exported in Vessels of the one or the other Country. AETICLE V. No Differential Treatment. No priority or preference shall be given, directly or indirectly, by the Government of either Country, or by any Company, Cor- poration, or Agent, acting in its behalf or under its authority, in the purchase of any article of the growth, produce, or manufacture of either Country, imported into the other, on account of, or in reference to the character of the Vessel in which such article was imported ; it being the true intent and meaning of the High Contracting Parties, that no distinction or difference whatever shall be made in this respect. ARTICLE VI. Colonial and Foreign Possessions. National Treatment. From and after the date of the present Convention, British Ships shall be allowed to proceed direct from any Port of His Britannick Majesty's Dominions, to any Colony of His Majesty the King of Sweden and Norway not in Europe, and to import into such Colony any goods the growth, produce, or manufacture of the United Kingdom, or of any of the British Dominions, not being such goods as are prohibited to be imported into such Colony, or as are admitted only from the Dominions of His Majesty the King of Sweden and Norway ; and such British Ships, and such goods so imported in them, shall be liable, in such Colony of His Majesty the King of Sweden and Norway, to no higher or other charges than would be there payable on Swedish or Norwegian ships importing the like sorts of goods, or payable on the like goods, the growth, produce, or manufacture of any Foreign Country, allowed to be imported into the said [536] 3 O 010 SWEDEN AND NORWAY. [March 18, 1826. Colony in Swedish or Norwegian Ships. And from and after the same date, Swedish and Norwegian Vessels shall be allowed to proceed direct from any Ports of the Dominions of His Majesty The King of Sweden and Norway, to any Colony of the United Kingdom of Great Britain and Ireland (other than those in the possession of the East India Company), and to import into such Colony any goods, the growth, produce, or manufacture of the Kingdoms of Sweden and Norway, or of any of Their Dominions, not being such goods as are prohibited to be imported into such Colony, or as-- are admitted only from r the Dominions of His Britannick Majesty; and such Swedish and Norwegian Vessels, and such goods so imported in them, shall be liable, in such Colony of the United Kingdom of Great Britain and Ireland, (other than those in the possession of the East India Company.) to no other or higher charges than would be there payable on British vessels importing the like sorts of goods, or payable on the like goods, the growth, produce, or manufacture of any Foreign Country, allowed to be imported into the said Colony in British Ships. AETICLE VII. Colonial and Foreign Possessions. Differential Treatment. From and after the date of the present Convention, British Ships shall be allowed to export from any Colony of His Majesty The King of Sweden and Norway not in Europe, any goods not prohibited to be exported from such Colony: and such British Ships, and such goods so exported in them, shall be liable, in such Colony, to no other or higher charges than would be payable by, and shall be entitled to the same drawbacks as would be there allowable on, Swedish or Norwegian Ships exporting such goods. And the like liberty and privileges of exportation shall be reciprocally granted in the British Colonies, (other than those in the possession of the East India Company,) to Swedish and Norwegian Ships, and to goods exported in them. AETICLE VIII. Trade with British India. Most-fawurcd-nation Treatment. In respect to the Commerce to be carried on in Vessels of Sweden or Norway with the British Dominions in the East Indies, or now held by the East India Company in virtue of their Charter, His Britannick Majesty consents to grant the same facilities and privileges, in all respects, to the Subjects of His Swedish Majesty, as are or may be enjoyed, under any Treaty or Act of Parliament, by the Subjects or Citizens of the most favoured Nation ; subject to the laws, rules, regulations, and restrictions which are or may be applicable to the Ships and Subjects of any other Foreign Country enjoying the like facilities and privileges of trading with the said Dominions, March 18, 1826.] SWEDEN AND NORWAY. 911 ABTICLE IX. Imports and Exports : Duties and Prohibitions. Commerce and Navigation. Most-favoured-nation Treatment. The High Contracting Parties engage that all articles the growth, produce, or manufacture of Their respective Dominions, shall be subject to no higher duties, upon their admission from the one Country into the other, than are paid by the like articles, the growth, produce, or manufacture of any other Foreign Country ; and that no prohibition or restraint shall be imposed upon the importation into the one Country from the other, or upon the exportation from the one Country to the other, of any such articles, the growth, produce, or manufacture of either of the said States, which shall not equally extend to all other Nations ; and, generally, that in all matters and regulations of Trade and Navigation, each of the High Contracting Parties will treat the other upon the footing of the most favoured Nation. ABTICLE X. Commerce and Navigation. National Treatment. In consideration of the advantages and facilities which the Navigation and Commerce of the United Kingdoms of Sweden and Norway will enjoy, under the present Convention, and the Act of Parliament of the 5th July, 1825, His Majesty the King of Sweden and Norway consents that, from and after this date, Vessels of the United Kingdom of Great Britain and Ireland shall be allowed to import into Sweden any merchandize or goods of European origin, which are like-wise permitted to be imported into Sweden from any Port whatever, with the exception of the following articles : Salt. Wine. Hemp. Tobacco. Flax. Salt or dried Fish. Oil of all kinds. Wool ; and Grain of all kinds. Stuffs of all kinds : which, as before, shall be imported into Sweden only in Vessels of Sweden and Norway, or in Vessels of the Countries of which such articles are the prod ace. The said excepted articles shall, however, be allowed to be imported into Sweden in Vessels of the United Kingdom of Great Britain and Ireland proceeding direct from some Port of the United Kingdom, provided such articles shall have been previously landed and warehoused in a Port of the United Kingdom, after having been imported thither from the country of their origin. These stipulations in favour of British Commerce shall remain in force during the continuance of the present Convention, and as far as the Act of Parliament of the 5th July, 1825, shall continue to grant to the Navigation and Commerce of Sweden, equivalent facilities of the same nature. [536] 3 2 912 SWEDEN AND NORWAY. [Marcli 18, 1826. AETICLE XL Duties on Personal Property. National Treatment. His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Sweden and Norway, mutually agree, that no higher or other duties shall be levied, in any of their Dominions, upon any personal property of Their respective Subjects, on the removal of the same from the Dominions of Their said Majesties, reciprocally, either upon the inheritance of such property, or otherwise, than are or shall be payable in each State, upon the like property, when removed by a Subject of such State, respectively. AETICLE XII. Duration of Convention. The present Convention shall be in force for the term of ten years from the date hereof ; and further, until the end of twelve months after either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same ; each of the High Contracting Parties reserving to itself the right of giving such notice to the other, at the end of the said term of ten years ; and it is hereby agreed between Them, that, at the expiration of twelve months after such notice shall have been received by either Party from the other, this Convention, and all the provisions thereof, shall altogether cease and determine. AETICLE XIII. ^Ratifications. The present Convention shall be ratified, and the Eatifications shall be exchanged at London within six weeks from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their Arms. Done at London, the eighteenth day of March, in the year of our Lord one thousand eight hundred and twenty-six. (L.S.) GEOEGE CANNING. (L.S.) WILLIAM HUSKISSON. ADDITIONAL ARTICLE. Trade with British East Indies. As it may sometimes happen that a Swedish or Norwegian Vessel trading to the Possessions held by the British East India Company in the East Indies, under the eighth Article of the Convention of this date, may find it expedient to dispose of the March 18 1826 ] SWEDEN AND NOIIWAY. 913 October 13, 1883.J whole or part of her cargo, on her homeward bound voyage, in other Ports than those of Sweden and Norway, it is hereby agreed, that any such Vessel may proceed, with such cargo, to any Foreign Place or Port, whatsoever, not being within the limits of the East India Company's Charter, and excepting the United Kingdom of Great Britain and Ireland and its Dependencies. The present Additional Article shall have the same force and validity as if it were inserted, word for word, in the Convention signed this day. It shall be ratified, and the Eatifications shall be exchanged at the same time. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms. Done at London, the eighteenth day of March, in the year of our Lord one thousand eight hundred and twenty-six. (L.S.) GEORGE CANNING. (L.S.) WILLIAM HUSKISSON. (L.S.) STIEENELD. No. 177. DECLARATION BETWEEN THE GOVERNMENTS OF GREAT BRITAIN AND OF SWEDEN AND NORWAY RESPECTING THE PRIVILEGES OF COMMERCIAL TRAVELLERS. Signed at Stockholm, October 13, 1883. LE Gouvernement de Sa Majeste* Britannique et le Gouverne- ment de Sa Majeste^ le Eoi de Suede et de Norvege, voulant constater par une Declaration spe*ciale Interpretation a donner & 1'Article IX de la Convention de Commerce et de Navigation conclue a Londres le 18 Mars, 1826, en ce qui concerne le traitement en Douane des echantillons apport^s dans les Etats de Tune des Parties Contractantes par des commis-voyageurs, sujets de 1'autre, sont convenus des Articles suivants : ARTICLE I. Privileges of Commercial Travellers. Most-favoured~nation Treatment. Les commis-voyageurs Sue'dois et Norvegiens jouiront dans le Hoyaume-Uni de la Grande-Bretagne et d'lrlatide, comme e'gale- ment aussi les commis-voyageurs Anglais en Suede et en Norvege, des memes privileges facilities, et avantages par rapport au traite- ment en Douane tics ('cluintillons apportes par eux, ou en ce qui concerne toute autre rnatiere, que ceux qui sont actuellement ou qui pourront a 1'avenir dire accorded aux comrais-voyageurs, appartenant a la nation etrangere la plus favorise'e sous ces rapports. AETICLE II. Duration of Declaration. La prcsente Declaration entrera en vigueur a partir du jour de sa signature et restera executoire aussi longtemps que la Conven- tion .en tre la Grande-Bretagne et les Eoyaumes-Unis du 18 Mars, 1826,. sera en vigueur. Fait a Stockholm, le 13 Octobre, 1883. (L.S.) HORACE EUMBOLD. (L.S.) HOCHSCHILD. No. 178. ACCESSION OF SWEDEN AND NORWAY TO THE CONVENTION OF MARCH 20, 1883, FOR THE PROTECTION OF INDUSTRIAL PROPERTY. June 12, 1885. M. le Ministre, />Vw, /r, 12 Juin, 1885. Nous avoris rhonneur d'informer votre Excellence que, par note du 29 Mai dernier, le Ministre des Affaires fitrangcres des Koyaumes-Unis de Suede et de Norvege nous a notifie 1'accession deces deux tats a la Convention Internationale du 20 Mars, 1883, pour la protection de la propriete industrielle. La date de Taccession est fixee au l cr Juillet prochain. Pour la contribution aux frais du Bureau International, la Suede est rarigee dans la troisieme classe des Stats Contractants, et la Norvege dans la quatrieme. Nous saisissons, &c., Au norn du Conseil Federal Suisse : SCHKNK, /VrWr/r/,/ f Jc la Co-nf&Uration. ElNGIRR, Chancclicr dc la K.,ri>ll<'n. ( Jl. SWITZERLAND. No. 171). TifKATY OK KmKNhKiiii 1 , ( N .M M Ki;ci<;, AND UKCII-IJOCAL KSTAULISII- MHNT IJKTWKKN GlJKAT l.Uri'AIN ANI> S WITXKK1.AM '. r, i.srr>. II MI: i\I;ijts(,y the ( A )ueen of the United Kingdom of Britain ;in. 01 .{) Parties engage that their respective subjects and citizens shall he placed upon the same footing as subjects and citizens of the country, or as the subjects and citizens of the most favoured nation in any case where the latter may enjoy an exceptional advantage not granted to natives. AETICLE IX. Import, Export, Warehousing, and Transit Duties. Most-favoured nation Treatment. Neither of the two Contracting Parties shall impose upon the importation, warehousing, transit, or exportation of any article, the growth, produce, or manufacture of the territories of the other, any other or higher duty than that which is or may be imposed upon the like article, being the growth, produce, or manufacture of any other foreign country. AETICLE X. Commerce. Most-favoured-nation Treatment. The two Contracting Parties further engage that any favour in matters of commerce which either of them may hereafter grant to any third Power, shall be also, and at the same time, extended to the other Contracting Party. AETICLE XL Duration of Treaty. The present Treaty shall continue in force for ten years from the date of the exchange of the Eatifications thereof, and further until the end of twelve months after either of the two Contracting Parties shall have given notice to the other of its intention to terminate the same ; each of the Contracting Parties being at liberty to give such notice to the other at the end of the said term of ten years, or at any time afterwards. AETICLE XII. Ratifications. The present Treaty shall be ratified, and the ratifications shall be exchanged at Berne as soon as possible within twelve months after its signature. In witness whereof the respective Plenipotentiaries have signed the same in the English and French languages, and have affixed thereto the seal of their arms. Done in duplicate at Berne, the sixth day of September, in the year of grace one thousand eight hundred and fifty-five. (L.S.) G. J. E. GOEDQK (L.S.) DE. FUEEEE. (L.S.) F. FEEY HEEOSEE. 920 SWITZERLAND. [Nov. 6, 1880. June 26, 190S. No. 180. DECLARATION BETWEEN GKEAT BRITAIN AND SWITZERLAND FOR THE KECIPROCAL PROTECTION OF MANUFACTURING AND TRADE-MARKS. Signed at Seme, November 6, 1880.' THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Swiss Federal Council, have, with a view to the reciprocal protection of the marks of manufacture and trade in the two countries, agreed to the following Declaration : The subjects or citizens of each of the Contracting Parties shall enjoy, in the dominions and possessions of the other, the same rights as are possessed by native subjects or citizens, or as may hereafter be granted to the subjects or citizens of the most- favoured nation, in everything relating to the protection of property in manufacturing or trade-marks. It is understood that any person who desires to obtain the aforesaid protection must fulfil the formalities required by the laws of the respective countries, which formalities the Contracting Parties shall reciprocally communicate to each other, reserving to themselves, however, the right to modify them, from time to time, if they consider it necessary. The present Declaration shall come into force from the day of its signature. It shall remain in force so long as one of the Con- tracting Parties shall not have notified to the other its intention of terminating it. In witness whereof the Undersigned, duly authorised for this purpose, have signed the present Declaration, and have affixed thereto the seal of their arms. Done in Duplicate at Berne the 6th day of November, 1880. (L.S.) C. VIVIAN. (L.S.) DEOZ. No. 181. ACCESSION OF SWITZERLAND TO THE INTERNATIONAL SUGAR CONVENTION OF MARCH 5, 1902. June 26, 1906. PROTOCOLE. L'ALLEMAQNE, I'Autriche-Hongrie, la Belgiqtic, la France, la Grande-Bretagne, 1'Italie, le Grarid-Duciie de Luxembourg, les Pays-Bas, le Perou, et la Suede, d'une part, et * Signed also in French. June 26, 1906.] SWITZERLAND. 921 La Suisse, d'autre part, se sont trouves d'accord quant a 1'accession de la Suisse a la Convention relative au regime des sucres du 5 Mars, 1902, sous les reserves et conditions enumerees ci-apres : 1. Aussi longtemps que la Suisse n'exportera pas de sucre, le Gouvernemerit Federal sera afFranchi des obligations qui font 1'objet des Articles II et III de la Convention. 2. Le Delegue du Gouvernement Federal prendra part, aiix reunions de la Commission. Permanente avec voix consultative, ma is sans droit de vote, II est expressement entendu que si par la suite le droit de vote venait a etre accorde au Delegue d'un nouvel Etat adherent et non exportateur de sucre,- ce droit serait imme- diatement etendu au Delegue du Gouvernement Federal. 3. L'accession de la Suisse a la Convention sortira ses effets le l er Septembre, 1906. En foi de quoi les Soussignes, Representants des Etats de rilnion Sucriere, d'une part, et de la Suisse, d'autre part, ont signe le present Protocolo. Fait a Bruxelles, en un seul exemplaire, le 26 Juin, 1906. Pour 1'Allemagne : (Signe) GRAF VON WALLWITZ. Pour PAutriche-Hongrie : CTE. CLARY ET ALDRINGEN, Minislre d' Auiriche-Hongrie. Pour FAutriche : LEOPOLD JOAS, Conseiller au Minist&re des Finances. Pour la Hongrie : TELESZKY JANOS, Conseiller au Minister e des Finances. Pour la Belgique : FAVEREAU. Pour la France : A. GfiRARD. Pour la Grande-Bretagne : ARTHUR H. HARDINGE. Pour PItalie : BONIN. Pour le Grand-Duche de Luxembourg : LE COMTE D'ANSEMBOURG. Pour les Pays-Bas : VAN DER STAAL VAN PIERSHIL. Pour le Perou : D. GAMIO. Pour la Suede : G. FALKENBERG. Pour la Suisse : (Signe) JULES BOREL. 922 TONO A. [November 29, 1870. TONGA. No. 182. TKEATY OF FKIENDSHIP, &a, BETWEEN GKEAT BRITAIN AND TONGA, Signed at Nukualofa, November 29, 18*79.* [Ratifications exchanged at Nukualofa, July 3, 1882.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Tonga, being desirous to maintain and strengthen the relations of friendship which happily subsist between their respective dominions and subjects, have resolved to conclude a Treaty for that purpose, and have, therefore, named as their Plenipotentiaries : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, &c., the Honourable Sir Arthur Hamilton Gordon, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Her Britannic Majesty's High Commissioner and Consul-General for the Western Pacific, Governor of Fiji ; and Alfred Percival Maudslay, Esquire, one of Her Majesty's Deputy Commissioners for the Western Pacific ; and His Majesty the King of Tonga. &c,, Wellington Tubou Malolri, Knight of the Order of the Red Eagle of the Second Class, Governor of Vavau ; and George Eatafeh, Governor of Haapai ; Who, after having communicated to each other their respective full powers, have agreed upon and concluded the following Articles : ARTICLE I. Peace and There shall be perpetual Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, her heirs and successors, and His Majesty the King of Tonga, his heirs and successors, and between their respective dominions and subjects. * Signed also in Tongan. November 29, 1879.] TONGA. 92 3 AETICLE II. General Most-favoured-nation Treatment. His Majesty the King of Tonga engages to grant to no other Sovereign or State any rights, powers, authority, or privileges in Tonga in excess of those accorded to Her Britannic Majesty. The subjects of Her Britannic Majesty shall always enjoy in Tonga, and Tongan subjects shall always enjoy in the territories of Her Britannic Majesty, whatever rights, privileges, and immunities they now possess, or which are now accorded to the subjects of the most favoured nation ; and no rights, privileges, or immunities shall be granted hereafter in Tonga to the subjects of any foreign State which shall not equally and unconditionally be granted to the subjects of Her Britannic Majesty. AETICLE III. Trial of British Subjects for Offences cognizable by British Law. (a.) If any subject of Her Britannic Majesty in Tonga is charged with a criminal offence cognizable by British Law, such charge may be tried by the Court of Her Britannic Majesty's High Commissioner for the Western Pacific Islands. Trial of British Subjects for Offences Against Tongan Law. (>.) If any subject of Her Britannic Majesty in Tonga is charged with an offence against the Municipal Law of Tonga not cognizable as such under British Law, he shall be amenable to the jurisdiction of the Tongan Courts, the proceedings of which shall be conducted in public, and the records of which shall be public and accessible. Trial of British Subjects for Offences cognizable by both British and Tongan Laws. (c.) If any subject of Her Britannic Majesty in Tonga is charged with a criminal offence cognizable as such both by British Law and the Laws of Tonga, the party charged may elect whether lie will be tried by a Tongan Court or by the Court of Her Britannic Majesty's High Commissioner. Civil Suits against British Subjects. (d.) Every civil suit which may be brought in Tonga against any subject of Her Britannic Majesty in Tonga shall be brought before and tried by the Court of Her Britannic Majesty's High Commissioner. Attendance of Tony an Witnesses iti British Court. (tj.) Every summons or warrant to appear as a witness before the Court of Her Britannic Majesty's High Commissioner, issued 924 TONGA. [November 29, 1879. in accordance with British Law, and directed to a Tongan subject, shall, if possible, be endorsed by a Judge of the Supreme Court of Tonga, and when so endorsed, shall have the same authority, and may be enforced in like manner, as if issued by the Supreme Court of Tonga ; but where it shall be made to appear to the Court of Her Majesty's High Commissioner that the delay required to procure such endorsment might lead to the escape or removal of a material witness, such summons or warrant may be issued by the Court without such endorsement, and shall have the same authority, and may be enforced in like manner, as if such summons or warrant had been directed to a subject of Her Britannic Majesty. Definition of " British Law!' (/.) The expression " British Law " in this Article includes any Regulations duly made and issued by Her Britannic Majesty's High Commissioner for the Western Pacific Islands for the government of British subjects within his jurisdiction; and the Court of Her Majesty's High Commissioner shall include any British Court or officer for the time being authorized by Her Britannic Majesty to exercise jurisdiction in the Western Pacific. ARTICLE IV. Extradition of Tongans from British Territory. Her Britannic Majesty agrees to surrender to His Majesty the King of Tonga any Tongan subject who, being accused or convicted of any of the under-mentioned crimes, committed in the territory of the King of Tonga, shall be found within the territory of Her Britannic Majesty. The crimes for which such surrender may be granted are the following : Murder, or attempt to murder ; Embezzlement or larceny ; Fraudulent bankruptcy ; Forgery. Her Britannic Majesty may, however, at any time put an end to this Article by giving notice to that effect to His Majesty the King of Tonga. The Article shall, however, remain in force for six months after the notice of its termination. ARTICLE V. Date of coming into force of Treaty. The present Treaty shall come into force and effect from the date of the signature thereof, but shall again become null arid void if not ratified within the prescribed period. November 29, 1879.1 TONGA. 925 AETICLE VI. Ratifications. The present Treaty shall be ratified, and the ratifications exchanged at Nukualofa within twelve months from the_date thereof. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their seals. Done at Nukualofa, the twenty-ninth day of November, in the year of our Lord one thousand eight hundred and seventy-nine. (L.S.) AETHUE GOEDON. (L.S.) ALFEED P. MAUDSLAY. (L.S.) UELIGATONI TUBOU MALOHI. (L.S.) JIAOJI FATAFEHI. PROTOCOL. Restrictions as to Extradition of Tongan Criminals. THE Undersigned in proceeding to the exchange of the ratifications of the Treaty signed at Nukualofa on the 29th November, 1879, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the King of Tonga, have agreed to the present Protocol, which shall have the same force and validity as if it had been inserted in the body of the Treaty itself. It is agreed that the arrangement contained in Article IV of the said Treaty shall be subject to the restrictions on the surrender of fugitive criminals contained in the Acts respecting extradition which are in force in the dominions of Her Britannic Majesty, and the procedure to be adopted with respect to the surrender of such criminals shall be in conformity with the provisions of the said Acts. In witness whereof the Undersigned duly authorized for this purpose, have signed the present Protocol, in duplicate, and have affixed thereto their seals. Done at Nukualofa, on the 3rd day of July, 1882. (L.S.) AETHUE GOEDON. (L.S.) TUBOU MALOHI. [536] 926 TURKEY. [1675. TURKEY. No. 183. CAPITULATIONS of 1675. [Reprinted from a copy published by the Levant Company in 1820.] ' SULTAN MEHEMED, MAY HE LIVE FOR EVER! Let every thing be observed in conformity to these Capitulations, and contrary thereto let nothing be done." . Extension to British Subjects of Privileges granted to French, Venetians, Poles, &c. THE command, under the Sublime and lofty Signet, which imparts sublimity to every place, and under the imperial and noble Cypher, whose glory is renowned throughout all the world, by the Emperor and Conqueror of the Earth, achieved with the assistance of the Omnipotent, and by the especial grace of God, is this : We, who by Divine grace, assistance, will, and benevolence, now are the King of Kings of the world, the Prince of Emperors of every age, the Dispenser of Crowns to Monarchs, and the Champion, Sultan Meherned, Son of Sultan Ibrahim Chan, Son of Sultan Ahmed Chan, Son of Sultan Mahomed Chan, Son of Sultan Murad Chan, Son of Sultan Selim Chan, Son of Sultan Solyman Chan, Son of Sultan Selim Chan. The most glorious amongst the great Princes professing the faith of Jesus, and the most conspicuous amongst the Potentates of the nation of the Messiah, and the Umpire of public differences that exist between Christian nations, clothed with the mantle of magnificence and majesty, Charles the Second, King of England, Scotland, France, and Ireland (whose end terminate in bliss !), having sent an Ambassador to the Sublime Porte in the time of our grandfather Sultan Murad (whose tomb be ever resplendent !) of glorious memory and full of divine mercy and pity, with professions of friendship, sincerity, devotion, partiality, and benevolence, and demanding that his subjects might be at liberty to come and go 1675.] TURKEY, 927 into these parts, which permission was granted to them in the reign of the Monarch aforesaid, in addition to various other special com- mands, to the end that on coming and going, either by land or sea, in their way, passage, and lodging, they might not experience any molestation or hindrance from any one. He represented, in the reign of our grandfather Sultan Mehemed Chan (whose tomb be ever resplendent !) to our just and over- shadowing Porte, his cordial esteem, alliance, sincere friendship, and partiality thereto. As such privilege, therefore, had been granted to the Kings and Sovereigns of France, Venice, and Poland, who profess the most profound devotion for our most eminent throne, and to others between whom and the Sublime Porte there exists a sincere amity and good understanding, so was the same, through friendship, in like manner granted to the said King ; and it was granted him that his subjects and their interpreters might safely and securely come and trade in these our sacred dominions. The Capitulations of sublime dignity and our noble commands having been, through friendship, thus granted to the Kings afore- said, and the Queen of the above-mentioned kingdom* having heretofore also sent a noble personage with presents to this victorious Porte, which is the refuge and retreat of the Kings of the world, the most exalted place, and the asylum of the Emperors of the Universe (which gifts were graciously accepted), and she having earnestly implored the privilege in question, her entreaties were acceded to, and these our high commands conceded to her. ARTICLE I. Freedom of Commerce and Navigation. That the English nation and merchants, and all other mer- chants sailing under the English flag, with their ships and vessels, and merchandize of all descriptions, shall and may pass safely by sea, and go and come into our dominions, without any the least prejudice or molestation being given to their persons, property, or effects, by any person whatsoever, but that they shall be left in the undisturbed enjoyment of their privileges, and be at liberty to attend to their affairs. ARTICLE II. Non-Molestation of British Subjects. That if any of the English coming into our dominions by land be molested or detained, such persons shall be instantly released, without any further obstruction being given to them. * Queen Elizabeth, and Kings James I and Charles I. [536] 3 P 928 TUBKEY, [1675. AETICLE III. Liberty of British Vessels to remain or depart. That English ships and vessels entering the ports and harbours of our dominions shall and may at all times safely and securely abide and remain therein, and at their free will and pleasure depart therefrom, without any opposition or hindrance from any one. AETICLE IV. Vessels in Distress. That if it shall happen that any of their ships suffer by stress of weather, and not be provided with necessary stores and requi- sites, they shall be assisted by all who happen to be present, whether the crews of our imperial ships, or others, both by sea and land. AETICLE V. Supplies to Vessels. That being come into the ports and harbours of our dominions, they shall and may be at liberty to purchase at their pleasure, with their own money, provisions and all other necessary articles, and to provide themselves with water, without interruption or hindrance from any one. AETICLE VI. Wrecks. That if any of their ships be wrecked upon any of the coasts of our dominions, all beys, cadis, governors, commandants, and others our servants, who may be near or present, shall give them all help, protection and assistance, and restore to them whatsoever goods and effects may be driven ashore ; and in the event of any plunder being committed, they shall make diligent search and inquiry to find out the property, which, when recovered, shall be wholly restored by them. AETICLE VII. Protection to Persons and Property. That the merchants, interpreters, brokers, and others, of the said nation, shall and may, both by sea and land, come into our dominions, and there trade with the most perfect security ; and in 1675.] TURKEY. 929 coming and going, neither they nor their attendants shall receive any the least obstruction, molestation, or injury, either in their persons or property, from the beys, cadis, sea captains, soldiers, and others, our slaves. ARTICLE VIII. Recovery of Debts. That if an Englishman, either for his own debt, or as surety for another, shall abscond, or become, bankrupt, the debt shall be demanded from the real debtor only ; and unless the creditor be in possession of some security given by another, such person shall not be arrested, nor the payment of such debt be demanded of him. ARTICLE IX. Administration of Justice. Civil Suits. That in all transactions, matters, and business occurring between the English and merchants of the countries to them subject, their attendants, interpreters, and brokers, and any other persons in our dominions, with regard to sales and purchases, credits, traffic, or security, and all other legal matters, they shall be at liberty to repair to the judge, and there make a Jwget, or public authentic act, with witness, and register the suit, to the end that if in future any difference or dispute shall arise, they may both observe the said register and Jioget ; and when the suit shall be found conformable thereto, it shall be observed accordingly. Should no such hoget, however, have been obtained from the judge, and false witnesses only are produced, their suit shall not be listened to, but justice be always administered according to the legal hoget. ARTICLE X. False Charges against British Subjects. That if any shall calumniate an Englishman, by asserting that he hath been injured by him, and producing false witnesses against him, our judges shall not give ear unto them, but the cause shall be referred to his Ambassador, in order to his deciding the same, and that he may always have recourse to his protection. ARTICLE XL Fugitive Offenders. That if an Englishman, having committed an offence, shall make his escape, no other Englishman, not being security for him, shall, under such pretext, be taken or molested. 930 TURKEY. [1675. ARTICLE XII. Release of British Subjects found in Slavery. That if an Englishman, or subject of England, be found to be a Slave in our states, and be demanded by the English Ambassador or Consul, due inquiry and examination shall be made into the causes thereof, and $uch person being found to be English, shall be immediately released, and delivered up to the Ambassador or Consul. ARTICLE XIII. Exemption of British Subjects from Tribute. That all Englishmen, and subjects of England, who shall dwell or reside in our dominions, whether they be married or single, artisans or merchants, shall be exempt from all Tribute. ARTICLE XIV. Appointment of Consuls. That the English Ambassadors shall and may, at their pleasure, establish Consuls in the ports of Aleppo, Alexandria, Tripoli of Barbary, Tunis, Tripoli of Syria, Scio, Smyrna, and Egypt, and in like manner remove them, and appoint others in their stead without any one opposing them. ARTICLE XV. Presence of Interpreters at Trials. That in all litigations occurring between the English, or subjects of England, and any other person, the judges shall not proceed to hear the cause without the presence of an Interpreter, or one of his deputies. ARTICLE XVI. Disputes between Englishmen. Decision of Ambassador or Consul. That if there happen any suit, or other difference or dispute amongst the English themselves, the decision thereof shall be left to their own Ambassador or Consul, according to their custom, without the judge or other governors our slaves, intermeddling therein. ARTICLE XVIL Detention of British Vessels at Sea. That our ships and galleys, and all other vessels, which may fall in with any English ships in the seas of our dominions, shall 1676. J TURKEY. 931 not give them any molestation, nor detain them by demanding any thing, but shall show good and mutual friendship the one to the other, without occasioning them any prejudice. AETICLE XVIII. General Most-favoured-nation Treatment. That all the Capitulations, privileges, and articles granted to the French, Venetian, and other Princes who are in amity with the Sublime Porte, having been in like manner, through favour, granted to the English, by virtue of our special command, the same shall be always observed according to the form and tenor thereof, so that no one in future do .presume to violate the same, or act in contravention thereof. AETICLE XIX. Restoration of captured Vessels. Punishment of Offenders. That if the corsairs or galliots of the Levant shall be found to have taken any English vessels, or robbed or plundered them of their goods and effects, also if any one shall have forcibly taken any thing from the English, all possible diligence and exertion shall be used and employed for the discovery of the property, and inflicting condign punishment on those who may have committed such depredations; and their ships, goods, and effects shall be restored to them without delay or intrigue. ARTICLE XX. Execution of Capitulations. That all our beglerbeys, imperial and private captains, governors, commandants, and other administrators, shall always strictly observe the tenor of these Imperial Capitulations, and respect the friendship and correspondence established on both sides, every one in particular taking special care not to let any thing be done contrary thereto ; and as long as the said Monarch shall continue to evince true and sincere friendship, by a strict observance of the Articles and Conditions herein stipulated, these Articles and Conditions of peace and friendship shall, in like manner be observed and kept on our own part. To the end, therefore, that no act might be committed in contravention thereof, certain clear and distinct Capitulations were conceded in the reign of our late grandfather, of happy memory (whose tomb be ever resplendent !). 932 TURKEY. [1675. ADDITIONAL. Since which, in the time of our said grandfather of happy memory, Sultan Ahmed (whose tomb be blessed !) James, King of England, sent an Ambassador with letters and presents (which were accepted), and requested that the friendship and good under- standing which existed between him and the Porte in the days of our grandfather, of happy memory, as also the stipulations and conditions of the august Capitulations, might be ratified and confirmed, and certain Articles added thereto; which request being represented to the Imperial Throne, express commands were given, that in consideration of the existing friendship and good understanding, and in conformity to the Capitulations conceded to other Princes in amity with the Sublime Porte, the Articles and stipulations of the Sacred Capitulations should be renewed and confirmed, and the tenor thereof be for ever observed ; and amongst the Articles added to the capitulations conceded by the command aforesaid, at the request of the said King, were the following : ARTICLE XXI. Duties on Piastres and Sequins. That duties shall not be demanded or taken of the English or the merchants sailing under the flag of that nation, on any piastres and sequins they may import into our sacred dominions, or on those they may transport to any other place. AETICLE XXII. Dollars or Sequins. That our beglerbeys, judges, defterdars, and masters of the mint, shall not interpose any hindrance or obstacle thereto, by demanding either dollars or sequins from them, under the pretence of having them recoined and exchanged into other money, nor shall give them any molestation or trouble whatever with regard thereto. ARTICLE XXIII. Freedom of Trade. Supplies to Vessels. That the English nation, and all ships belonging to places subject thereto, shall and may buy, sell, and trade in our sacred dominions, and (except arms, gunpowder, and other prohibited commodities) load and transport in their ships every kind of merchandize, at their own pleasure, without experiencing any the least obstacle or hindrance from any one; and their ships and vessels shall and may at all times safely and securely come, abide and trade in the ports and harbouis of our sacred dominions, and 1675.] TURKEY. 933 / with their own money, buy provisions and take in water, without any hindrance or molestation from any one. AETICLE XXIV. Law Suits. Presence of Ambassador, Consul, or Interpreter^. _ That if an Englishman, or other subject of that nation, shall be involved in any law suit, or other affair connected with law, the judge shall not hear nor decide thereon until the Ambassador, Consul, or Interpreter, shall be present ; And all suits exceeding the value of 4,000 aspers shall be heard at the Sublime Porte, and nowhere else. AETICLE XXV. Inviolability of Persons and Abode of Consuls. Law Suits. That the Consuls appointed by the English Ambassador in our sacred dominions, for the protection of their merchants, shall never, under any pretence, be imprisoned, nor their houses sealed up, nor themselves sent away ; but all suits or differences in which they may be involved shall be represented to our Sublime Porte, where their Ambassadors will answer for them. AETICLE XXVI. Succession to Property. Intestate Estates. That in case any Englishman, or other person subject to that nation, or navigating under its flag, should happen to die in our sacred dominions, our fiscal and other officers shall not, upon pre- tence of its not being known to whom the property belongs, inter- pose any opposition or violence, by taking or seizing the effects that may be found at his death, but they shall be delivered up to such Englishman, whoever he may be, to whom the deceased may have left them by his will ; and should he have died intestate, then the property shall be delivered up to the English Consul, or his representative, who may be there present ; and in case there be no Consul, or Consular representative, they shall be sequestered by the judge, in order to his delivering up the whole thereof, whenever any ship shall be sent by the Ambassador to receive the same. AETICLE XXVII. Privileges and Liberties of British Subjects. Distribution of Property. Exemption from Fees. That all the privileges and other liberties already conceded, or hereafter to be conceded to the English, and other subjects of that nation sailing under their flag, by divers Imperial commands, shall 934 TURKEY. [1675. bo always obeyed, and observed, and interpreted in their favour, according to the tenor and true intent and meaning thereof ; neither shall any fees be demanded by the fiscal officers and judges in the distribution of their property and effects. AETICLE XXVIII. Janizaries and Interpreters to Consuls, &c. That the Ambassadors and Consuls shall and may take into their service any janizary or interpreter they please, without any other janizary, or other of our slaves intruding themselves into their service against their will and consent. ARTICLE XXIX. Liberty to make Wine. That no obstruction or hindrance shall be given to the Am- bassadors, Consuls, and other Englishmen, who may be desirous of making wine in their own houses, for the consumption of themselves and families; neither shall the janizaries, our slaves, or other, presume to demand or exact anything from them, or do them any injustice or injury. ARTICLE XXX. Non-demand of Customs Duty more than once. That the English merchants having once paid the customs at Constantinople, Aleppo, Alexandria, Scio, Smyrna, and other ports of our sacred dominions, not an asper more shall be taken or demanded from them at any other place, nor shall any obstacle be interposed to the exit of their merchandize. ARTICLE XXXI. Liberty to re-export) G-oods unsold, Free of Duty. That having landed their merchandize imported by their ships into our sacred dominions, and paid in any port the customs thereon, and being obliged, from the impossibility of selling the same there, to transport them to another port, the commandants or governors shall not, on the landing of such merchandize, exact from them any new custom or duty thereon, but shall suffer them, freely and unrestrictedly, to trade, without any molestation or obstruction whatsoever. '75.J TURKEY. 935 ARTICLE XXXI F. Jb'r-fpc or Duty on Animal Food. That no excise or duty on animal food shall be demanded of the English, or any subjects of that nation. ARTICLE XXXIII. Flemish Trade under British Flag. That differences and disputes having heretofore arisen between the Ambassadors of the Queen of England and the King of France, touching the affair of the Flemish merchants, and both of them having presented memorials at our Imperial stirrup, praying that such of the said merchants as should come into our sacred dominions might navigate under their flag, hatti-sheriffs were granted to both parties, but the Captain Pasha, Sinan, the son of Cigala, now deceased, who was formerly Vizier, and well versed in maritime affairs, having represented that it was expedient that such privilege should be granted to the Queen of England, and that the Flemish merchants should place themselves under her flag, as also the merchants of the four Provinces of Holland, Zealand, Friesland, and Guelderland, and all the other Viziers being likewise of opinion that they should all navigate under the Queen's flag, and, like all the other English, pay the consulage and other duties, as well on their own merchandize as on those of others loaded by them in their ships, to the Queen's Ambassadors or Consuls, it was by express order and Imperial authority accordingly commanded, that the French Ambassador or Consul should never hereafter oppose or intermeddle herein, but in future act conformably to the tenor of the present Capitulation. ADDITIONAL, Consuls. Navigation of Merchants of Spain, Portugal, &c., under British Flag. After which, another Ambassador arrived from the said Queen, with the gifts and presents sent by Her, which being graciously accepted, the said Ambassador represented that the Queen desired that certain other privileges might be added to the Imperial Capitulations, whereof he furnished a list, one of which was, that certain Capitulations having been granted in the days of our grand- father, of happy memory (whose tomb be ever blessed !) to the end that the merchants of Spain, Portugal, Ancona, Sicily, Florence, 936 TURKEY. [1675. Catalonia, Flanders, and all other merchant-strangers, might go and come to our sacred dominions, and manage their trade, it was stipulated, in such Capitulations, that they should be at liberty to appoint Consuls ; but each nation being unable to defray the charge and maintenance of a Consul, they were left at liberty to place themselves under the flag of any of the Kings in peace and amity with the Sublime Porte, and to have recourse to the pro- tection of any of their Consuls, touching which privilege divers commands and Capitulations were repeatedly granted ; and the said merchants having, by virtue thereof, chosen to navigate under the English flag, and to have recourse in our harbours to the protection of the English Consuls, the French Ambassadors contended that the said merchant-strangers were entitled to the privilege of their Capitulations, and forced them to have recourse in all ports to their Consuls, which being represented by the said nations to our august Tribunal, and their cause duly heard and decided, they were, for a second time, left to their free choice, when again having recourse to the protection of the English Ambassadors and Consuls, they were continually molested and opposed by the French Ambassador, which being represented by the English, with a request that we would not accept the Articles added to the French Capitulations respecting the nations of merchant-strangers, but that it should be again inserted in the Capitulations, that the said Nations should, in the manner described, have recourse to the protection of the English Consuls, and that hereafter they should never be vexed or molested by the French on this point, it was, by the Imperial authority, accordingly commanded that the merchants of the countries aforesaid should, in the manner prescribed, have recourse to the protection of the English Ambassadors and Consuls, conformably to the Imperial commands to them conceded, and which particular was again registered in the Imperial Capitula- tions, viz., that there should never be issued any commands contrary to the tenor of these Capitulations, which might tend to the prejudice or breach of our sincere friendship and good under- standing ; but that on such occasions the cause thereof should first be certified to the Ambassador of England residing at our Sublime Porte, in order to his answering and objecting to any thing that might tend to a breach of the Articles of Peace. ARTICLE XXXIV. Trade with Aleppo, Egypt, fyc. Duty of 3 per cent, to 'be paid. That the English merchants, and other subjects of that nation, shall and may, according to their condition, trade at Aleppo, Egypt, and other ports of our sacred dominions, on paying (according to ancient custom) a duty of 3 per cent, on all their merchandize, without being bound to the disbursement of an asper more. 1675.] TURKEY. 937 ARTICLE XXXV. Payment of Consulage to British Ambassadors and Consuls. That, in addition to the duty hitherto uniformly exacted on all merchandize, laden, imported, and transported in English -ships, they shall also pay the whole of the consulage to the English Ambassadors and Consuls. ARTICLE XXXVI. Trade from Turkey with fiussia, Persia, $-c. That the English merchants, and all others sailings under their flag, shall and may, freely and unrestrictedly, trade and purchase all sorts of merchandize (prohibited commodities alone excepted), and convey them, either by land or sea, or by way of the Eiver Tanais, to the countries of Muscovy or Russsia, and bring back from thence other merchandize into our sacred dominions, for the purposes of traffic, and also transport others to Persia and other conquered countries. ARTICLE XXXVII. Non-increase of Customs in Conquered Countries. That such customs only shall be demanded on the said goods in the conquered countries as have always been received there, without anything more being exacted. ARTICLE XXXVIII. Vessels driven into Caffa, $c., ~by stress of Weather. That should the ships bound for Constantinople be forced by contrary winds to put into Caffa, or any other place of those parts, and not be disposed to buy or sell any thing, no one shall presume forcibly to take out or seize any part of their merchandize, or give to the ships or crews any molestation, or obstruct the vessels that are bound to those ports ; but our Governors shall always protect and defend them, and all their crews, goods, and effects, and not permit any damage or injury to be done to them : and should they be desirous of purchasing, with their own money, any provisions in the places where they may happen to be, or of hiring any carts or vessels (not before hired by others), for the transportation of their goods, no one shall hinder or obstruct them therein. 938 TURKEY. [1675. ARTICLE XXXIX. Duty not to be paid on Merchandize not Sold. That custom shall not be demanded or taken on the merchan- dize brought by them in their ships to Constantinople, or any other port of our sacred dominions, which they shall not, of their own free will, land with a view to sale. AETICLE XL. Liberty of Vessels to depart after landing Goods and paying Duties. That on their ships arriving at any port, and lauding their goods and merchandizes, they shall and may, after having paid their duties, safely and securely depart, without experiencing any molestation or obstruction from any one. ARTICLE XLI. Duty not to be paid on Goods on Vessels calling at Turkish Ports for Tw*kish Passengers. The English ships coming into our sacred dominions, and touching at the ports of Barbary and of the western coast, used oftentimes to take on board pilgrims and other Turkish passengers, with the intention cf landing them at Alexandria, and other ports of our sacred dominions ; on their arrival at which ports the Com- mandants and Governors demanded customs of them on the whole of their goods before they were landed, by reason of which outrage they have forbore receiving any more pilgrims : the more so as they were forced to take out of the ships that were bound to Constantinople the merchandize destined for other places, besides exacting the duties on those that were not landed: all English ships, therefore, bound to Constantinople, Alexandria, Tripoli of Syria, Scanderoon [Alexandretta], or other ports of our sacred domi- nions, shall in future be bound to pay duties, according to custom, on such goods only as they shall, of their own free will, land with a view to sale ; and for such merchandize as they shall not dis- charge, no custom or duty shall be demanded of them, neither shall the least molestation or hindrance be given to them, but they shall and may freely transport them wherever they please. ARTICLE XLII. Criminal Suits. Extraterritorial Jurisdiction. That in case any Englishman, or other persons navigating under their flag, should happen to commit manslaughter, or any other crime, or be thereby involved in a lawsuit, the Governors in our 1675.] TURKEY. 939 sacred dominions shall not proceed to the cause until the Ambas- sador or Consul shall be present, but they shall hear and decide it together, without their presuming to give them any the least molestation, by hearing it alone, contrary to the holy law and these Capitulations, ARTICLE XLIII. Payment of Consulate to British Ambassadors and Consuls. That notwithstanding it is stipulated by the Imperial Capitula- tions that the merchandize laden on board all English ships proceeding to our sacred dominions shall moreover pay over con- sulage to the Ambassador or Consul for those goods on which customs are payable, certain Mahometan merchants, Sciots, Franks, and ill-disposed persons object to the payment thereof : wherefore it is hereby commanded, that all the merchandize, unto whom- soever belonging, which shall be laden on board their ships, and have been used to pay custom, shall in future pay the consulage, without any resistance or opposition. ARTICLE XLIV. Duty on Silks at Aleppo. That the English and other merchants navigating under their flag, who trade to Aleppo, shall pay such customs and other duties on the Silks, brought and laden by them on board their ships, as are paid by the French and Venetians, and not one asper more. ARTICLE XLV. Privileges of Interpreters. That the Ambassadors of the King of England, residing at tlie Sublime Porte, being the representatives of His Majesty, and the interpreters the representatives of the Ambassadors for such matters, therefore, as the latter shall translate or speak, or for whatever sealed letter or memorial they may convey to any place in the name of their Ambassador, it being found that that which they have interpreted or translated is a true interpretation of the words and answers of the Ambassadors or Consul, they shall bo always free from all imputation or fault of punishment ; and in case they shall commit any offence, our Judges and Governors shall not reprove, beat, or put any of the said Interpreters in prison, without the knowledge of the Ambassador or Consul. 940 TUEKEY. [1675. AETICLE XLVI. Disposal of Property of deceased Interpreters. That in case any of the Interpreters shall happen to die, if he be an Englishman proceeding from England, all his effects shall be taken possession of by the Ambassador or Consul ; but should he be a subject of our dominions, they shall be delivered up to his next heir ; and having no heir, they shall be confiscated by our fiscal officers. And it was expressly commanded and ordained, that the above- mentioned Articles and privileges should in future be strictly observed and performed, according to the form and tenor thereof. ADDITIONAL. Non-operation in Ottoman Dominions of Turkish Laws repuy-nctnt to Capitulations. Since which time, an Ambassador from the King of England came to the Sublime Porte, and represented that laws had been oftentimes promulgated contrary to the tenor of the sacred Capitu- lations, which being produced without their knowledge to our Judges, and the dates of such laws being posterior to those of our Capitulations, the latter could not be carried into execution ; his Sovereign therefore wished that such laws might not be executed, but that the Imperial Capitulations should be always observed and maintained according to the form and tenor thereof ; all which being represented to the Imperial Throne, such request was acceded to, and conformably thereto, it was expressly ordained and com- manded, that all such laws as already had been, or should there- after be promulgated contrary to the tenor of these Imperial Capitulations, should, when pleaded or quoted before our Judges never be admitted or carried into execution, but that the said Judges should ever obey and observe the tenor of the Imperial Capitulations. In the time of our glorious forefathers and most august predecessors, of happy memory, therefore, clear and distinct Capitulations were granted, which annulled such laws, and directed them to be taken from those who produced them. After which Sultan Osman Chan having ascended the Imperial Throne, the King of England sent another Ambassador, with letters and presents, which were graciously accepted, requesting that the Imperial Capitulations granted in splendid and happy times, by the singular justice of our glorious forefathers, and by them confirmed and granted, might be renewed. And some time after his august coronation, the King of England again sent unto the Sublime Porte one of his most distinguished and wise personages as his Ambassador, with a letter and presents, which were graciously accepted, professing and 1675.] TURKEY. 941 demonstrating the most sincere friendship for the said Porte ; and the said Ambassador having desired, on the part of the King, that the Capitulations granted in the happy time of our glorious fore- fathers and august predecessors, as also those granted by the aforesaid Sultan, might be renewed and confirmed, and certain important and necessary Articles added to the Imperial Capitula- tions, and that others already granted might be amended and-mere clearly expressed ; such his request was acceded to, and the Imperial Capitulations granted in the time of our most glorious forefathers were confirmed, the Articles and stipulations renewed, and the conditions and Conventions observed. Whereupon express commands were given that the tenor of the sacred Capitulations should be strictly performed, and that no one should presume to contravene the same. And the said Ambassador having repre- sented and notified to this Sublime Throne, that Governors and Commandants of many places had, contrary to the tenor of the Imperial Capitulations, molested and vexed with various inventions and innovations the English and other merchants, subjects of that nation, trading to these our sacred dominions, and desired that 11 my might be prohibited from so doing, and some new Articles be added to the Imperial Capitulations, an Imperial order was accordingly granted, whereby it was expressly commanded that the Articles newly added should be for ever strictly executed, without any one ever presuming to violate the same. ARTICLE XLVII. * Corsairs of Barbary and Tunis. That whereas the Corsairs of Tunis and Barbary having, con- trary to the tenor of the Capitulations and our Imperial Licence, molested the merchants and other subjects of the King of England, as also those of other Kings in amity with the Sublime Porte, and plundered and pillaged their goods and property, it was expressly ordained and commanded, that the goods so plundered should be restored, and the captives released : and that if after such com- mands, the Tunisians and Algerines should contrary to the tenor of our Capitulations, again molest the said merchants, and pillage their goods and property, and not restore the same, but convey them to the countries and ports of our sacred dominions, and especially to Tunis, Barbary, Modon, or Coron, the Beglerbeys Governors, and Commandants of such places, should, in future, banish and punish them, and not permit them to sell the same. ARTICLE XLVIII. Duty on Silks at Aleppo. That it is written and registered in the Capitulations, that the Governors and officers of Aleppo and other ports of our sacred [536] f^ 3 Q OF THE UNIVERSITY 942' T.URKEY. [1675. dominions, should not, contrary to the tenor of the said Capitula- tions, forcibly take from the English merchants any money for their Silk, under the pretence of custom or other duty, but that the said merchants should pay for the Silk by them purchased at Aleppo, the same as the French and Venetians do, and no more. Notwithstanding which, the Commandants of Aleppo have, under colour of customs and duty demanded 2J per cent, for their Silk, and thereby taken their money ; wherefore we command that this matter be investigated and inquired into, in order that such money may be refunded to them by those who have taken the same ; and for the future, the duty exacted from them shall be according to ancient custom, and as the Venetians and French were accustomed to pay, so that not a single asper more be taken by any new imposition, ARTICLE XLIX. Non-payment of Export Duty a second time. That the merchants of the aforesaid nation, resident at Galata, buy and receive divers goods, wares, and merchandizes, and after having paid to our customer the duties thereon, and received a tescard, ascertaining their having paid the same, preparatory to loading such goods in due time on board their ships, it somtimes happens that in the interim the customer either dies, or is removed from his station, and his successor will not accept the said tescard, but demands a fresh duty from the said merchants, thereby molest- ing them in various ways ; whereof we do command, that on its really and truly appearing that they have once paid the duties on the goods purchased, the customer shall receive the said tescart without demanding any fresh duty. AETICLE L. Non-payment of Duties on re-exportation of Camlets, Mohair t Silk, &c. That the merchants of the aforesaid nation, after having once paid the duties, and received the tescare', for the camlets, mohair, silk, and other merchandize, purchased by them at Angora, and transported to Constantinople and other ports of our sacred dominions, and having deposited such goods in their own ware- houses, have been again applied to for duties thereon; we do therefore hereby command that they shall no longer be molested or vexed on that head, but that when the said merchants shall be desirous of loading such goods on board their ships, and on its appearing by the tescare that they have already paid the duties thereon, no fresh custom or duty shall . be demanded for the said goods, provided that the said merchants do not blend or intermix the goods which have not paid custom with those which have, 1675.] TURKEY. 943 AKTICLE LI. Non-payment of Duties a second time on landing such Goods at Smyrna, $c. That the merchants of the aforesaid nation, having once paid the customs on the merchandize imported into Constantinople, _and other ports of our sacred dominions, and on those exported there- from, as silks, camlets, and other goods, and being unable to sell the said goods, are under the necessity of transporting them to Smyrna, Scio, and other ports ; on their arrival there the Governors and Custom-house Officers of such ports shall always accept their tescards, and forbear exacting any further duty on the said merchandize. ARTICLE LII. Mastaria Duty. That for the goods which the merchants of the nation aforesaid shall bring to Constantinople, and other ports of our sacred dominions, and for those they shall export from the said places, the Mastariagi of Galata and Constantinople shall take their mastaria, according to the old canon and ancient usage ; that is to say, for those merchandizes only whereon it was usually ,paid ; but for such merchandizes as have not been accustomed to pay the same, nothing shall be taken contrary to the said canon, neither shall any innovations be made in future with regard to English merchandize, nor shall one asper more be taken than is warranted by custom. AKTICLE LIII. Duties on Cloths, Kerseys, Spice, Tin, Lead, $c. That the merchants of the aforesaid nation shall and may always come and go into the ports and harbours of our sacred dominions, and trade, without experiencing any obstacle from any one, with the cloths, kerseys, spice, tin, lead, and other merchandize they may bring, and, with the exception of prohibited goods, shall and may, in like manner, buy and export all sorts of merchandize, without any one presuming to prohibit or molest them : and our customers and other officers, after having received the duties thereon, according to ancient custom and the tenor of these sacred Capitulations, shall not demand of them any thing more, touching which point certain clear and distinct Capitulations were granted, to the end that the Beglerbeys and other Commandants, our subjects, as also the Commandants and Lieutenants of our harbours might always act in conformity to these our Imperial commands, and let nothing be done contrary thereto. [536] 3 Q 2 TURKEY. [1675, ADDITIONAL. Bemoval of Goods before fixation of duty. Duties demanded a second time if transhipped. Trials in absence of Ambassador or Consul. Duties on Sequins and Piastres. Excessive Duties on Silks. Waiters on board Ship. Goods overvalued. After which, in the time of our uncle, deceased, blessed and translated to Paradise, Sultan Murad Chan (whose tomb be ever resplendent !) the aforesaid King of England sent Sir Sackville Crow, Baronet, as his Ambassador, with a letter and presents, which were graciously accepted : but the time of his embassy being expired, another Ambassador, named Sir Thomas Bendish, arrived to reside at the Porte in his stead, with his presents, and a courteous letter, professing the utmost friendship, devotion and sincerity, and the said Ambassador having brought the Capitulations formerly granted to the English, and requested they might be renewed according tp custom, he represented the damage and injury Sustained by the English, contrary to the tenor of various Articles of the Capitulations, viz, : - That before the English merchants repaired to the Custom- house some one went on board the ship, and forcibly took out their goods ; and before any price could be fixed on the best and most valuable articles, or the accounts made out, "he took and carried them away ; and that the said merchants having punctually paid the duties thereon in one port, and being desirous of transporting the same goods to another port, the customer detained them, and would not suffer them to depart until they had paid the duties a second time : and whereas it is specified in the Capitulations (Article XXIV), that in all suits whtrein the English are parties, our Judges are not to. hear or decide the same, unless their Ambassador or Consul be present ; notwithstanding which, our Judges, without the knowledge of their Ambassador, have proceeded to imprison and exact presents from the English merchants, and other subjects of that nation, besides being guilty of other oppres- sions : and whereas it is further ordered in the Capitulations (Article XXI), that no duties shall be taken on such Sequins and Piastres as by the English merchants shall be brought in, or carried out of, our Imperial dominions, and that a duty of 3 per cent, only shall be demanded on their goods (Article XXXIV) ; notwithstand- ing which, the customers have exacted duties on the sequins and dollars, and demanded more duties than were due on the silk brought by them, besides demanding 6 per cent, on the goods transported from Alexandria to Aleppo, which abuses were hereto- fore rectified by an express Hatti-Sheriff; notwithstanding which, the English merchants still continued to experience some molesta- tion, by the customers valuing their goods at more than they were worth, so that although it was the custom to receive but 3 per cent, only, the latter exacted 6 per cent, from -them, and the servants of the Custom-house, under colour of certain petty charges, took from them various sums of money, and that a greater number of waiters 176.] TURKEY. 945 Were put on board their ships than usual, the expenses attending which were a great burthen to the merchants and masters of ships who sustained it : That the customers, desirous to value goods at more than their worth, were not satisfied with merchants paying them duties on the said goods at the rate of 3 per cent., but interposed numerous difficulties and obstacles : The said Ambassador having requested, therefore, that such abuses might be rectified, and the laws of the Imperial Capitula- tions be duly executed, his request was represented to the Imperial Throne, when We were graciously pleased to order : ARTICLE LIV. Duty on landing of Goods to be 3 per cent. That the English merchants having once paid the duties on their merchandize, at the rate of 3 per cent., and taken them out of their ship, no one shall demand or exact from them any thing more without their consent : and it was moreover expressly commanded, that the English merchants should not be molested or vexed in manner aforesaid, contrary to the Articles of the Capitulations. ADDITIONAL, Capitulations. Since which, another Ambassador of the King of England, Sir Heneage Finch, Knight, Earl of Winchelsea, Viscount Maid- stone, and Baron Eitzherbert of East well, arrived to reside at the Sublime Porte, with presents and a courteous letter, demonstrating his sincere friendship, and professing the utmost cordiality and devotion ; which Ambassador also presented the Capitulations, and requested that the most necessary and important Articles thereof might be renewed and confirmed, according to custom, which request was graciously acceded to, and ' the desired privileges granted to him, viz. : AETICLE LV. Non-detention or Search of Vessels at Sea. That the Imperial fleet, galleys, and other vessels, departing from our sacred dominions, and falling in with English ships at sea, shall in no wise molest or detain them, nor take from them any thing whatsoever, but always show to one another good friend- ship, without occasioning them the least damage or injury; and notwithstanding it is thus declared in the Imperial Capitulations (Article XVII), the said English ships are still molested by the ships 946 TURKEY. [1675 of the Imperial fleet, and by the beys and captains who navigate the seas, as also by those of Algiers, Tunis, and Barbary ; who, falling in with them whilst sailing from one port to another, detain them for the mere purpose of plunder, under colour of searching for enemy's property, and under that pretence prevent them from prosecuting their voyage ; now We do hereby expressly command, that the provisions of the old canon be executed at the castles and in the ports only, and nowhere else, and that they shall no longer be liable to any further search or exaction at sea, under colour of search or examination. RETICLE LVI. Non-delay of TeskMs for 'Payment of Duty. Non-payment of Duty on second time of Exportation. That the said Ambassador having represented that our customers, after having been fully paid the proper duties by the English mer- chants on their goods, delayed, contrary to the Articles and Stipula- tions of the Capitulations (Article L), to give them the te&k&rtis of the goods for which they had already received the duty, with the sole view of oppressing and doing them injustice : We do hereby strictly command that the said customers do never more delay granting them the teske'res, and the goods whereon they have once paid the duty being transported to another port, in consequence of no oppor- tunity of sale having occurred in the former port, entire credit shall be given to the tesktrfe ascertaining the payment already made, agreeably to the Capitulations granted to them, and no molestation shall be given to them, nor any new duty demanded. ARTICLE LVIL Uniform Duty of 3 per cent, on Goods imported in British Ships. That notwithstanding it is stipulated by the Capitulations (Articles XXXIV and LIV) that the English merchants, and other subjects of that nation, shall and may, according to their rank and condition, trade to Aleppo, Egypt, and other parts of our Imperial dominions, and for all their goods, wares, and merchan- dize, pay a duty of 3 per cent, only, and nothing more, according to ancient custom, the customers having molested the English merchants, with a view to oppress them and the subjects of that nation, on then* arrival with their goods laden on board their ships, whether conveyed by sea or land, at our ports and harbours, under pretence of the goods so brought by them not belonging to the English ; and that for goods brought from England they demanded 3 per cent, only ; but for those brought by them from Venice and other ports, they exacted more : wherefore, on this point, let the Imperial Capitulations granted in former times be observed, and our Governors and Officers in no wise permit or consent to the same being infringed. 1075.] TURKEY. 947 AETICLE LVIII. Debtors. Non-molestation of Merchants for Payment of Bills drawn upon, but not accepted by them. That whereas it is specified in the Capitulations (Article VIII), that in case an Englishman should become a debtor or .surety, and run away or fail, the debt shall be demanded of the debtor : and if the creditor be hot in the possession of some . legal document given by the surety, he shall not be arrested, nor such debt be demanded of him ; should an English merchant, resident in another country, with the sole view of freeing himself from the pay- ment of a debt, draw a bill of exchange upon another merchant, living in Turkey, and the person to whom the same is payable, being a man of power and authority, should molest such merchant who had contracted no debt to the drawer, and oppress him, con- trary to law and the sacred Capitulations, by contending that the bill was drawn upon him, and that he was bound to pay the debt of the other merchant ; now, We do hereby expressly command, that no such molestation be given in future ; but if such merchant shall accept the bill, they shall proceed in manner and form therein pointed out ; but should he refuse to accept it, he shall be liable to no further trouble. AETICLE LIX. Exemption of Interpreters from Contributions and Impositions. Property of deceased Interpreters. That the Interpreters . of the English Ambassadors, having always been free and exempt from all contributions and impositions whatever, respect shall in future be paid to the Articles of the Capitulations (Article XLVI) stipulated in ancient times, without the fiscal officers intermeddling with the effects of any of the Interpreters who may happen to die, which effect shall be distri- buted amongst his heirs. AETICLE LX. Ten Servants allowed to British Ambassador. Exemption from Impositions, fyc t That the aforesaid King, having been a true friend of our Sublime Porte, his Ambassador, who resides here, shall be allowed ten servants, of any nation whatsoever, who. shall be exempt from impositions, and in no manner molested. ABT1CLE LXI. Property of Englishmen who turn Turks* That if any Englishmen should turn Turk, and it should be represented and proved, that besides his own goods, he lias in his 948 ^UllKEY; C1C7& hands any property belonging to another person in England, such property shall be taken from him and delivered up to the Ambas- sador or Consul, that they may convey the same to the owner thereof. ADDITIONAL. The Ambassador of the aforesaid King, who resided in our Sublime Porte, being dead, Sir John Finch, Knight, a prudent man, was sent as Ambassador to the Imperial Throne, and to reside at our Sublime Porte, with a letter of presents, which, on arrival and presentation to our glorious and Imperial presence, were graciously accepted ; and the said Ambassador, having brought with him the sacred Capitulations heretofore granted by our August Person, and represented to Us, as on the part of the aforesaid King, His Majesty's desire that they should be renewed and confirmed, according to custom, and certain new Articles added to them ; to which request "We most graciously acceded, by commanding that such additional Articles be registered in the Imperial Capitula- tions, of which one was the Imperial Command, to which was affixed to the hatti-sheriff, that is, the head of our deceased glorious father, absolved by God, Sultan Ibrahim (whose soul rests in glory and divine memory !) in the year 1053 to wit : AETICLE LXII. Duties at Alexandria. That for every piece of cloth, called Londra, which from ancient times, was always brought by the English ships to Alexandria, there should be taken in that place a duty of 40 paras, for every piece of kersey 6 paras, for every bale of hare-skins 6 paras, and for every quintal of tin and lead, Damascus weight, 57J paras. AETICLE LXIII. Duty on Goods transported from Alexandria to Aleppo. That on afterwards trans-porting the said goods from Alexandria to Aleppo, there should be demanded, by the Custom-house officers of Aleppo, for every piece of Londra 80 paras, for a piece of kersey, 8 paras and 2 aspers, for every bundle of hare-skins 8 paras and 2 aspers, and for every Aleppo weight of tin and lead 1 para. AKTICLE LXIV. Transport Duties on Goods purchased at Aleppo. That on the goods purchased by the aforesaid nation at Aleppo, there should be paid for transport duty, on every bale of unbleached 1075.] TURKEY* linen, cordovans, and chorasani-hindi, two dollars and a half, for every bale of cotton yarn one dollar and a quarter, for every bale of galls one quarter, for every bale of silk ten osmans, and for rhubarb and other trifles, and various sorts of drugs, according to a valuation to be made by the appraiser, there should be taken a duty of 3 per cent. AETICLE LXV. Duties on their Transport to, and Shipment from, Alexandria. That on carrying the said goods to Alexandria, and there loading them on board their ships, there should be taken for transport duty, on every bale of unbleached linen and cordovans one dollar and a half, for every bale of chorasani-hindi and cotton yarn three quarters, for every bale of galls one quarter, and for rhubarb and other trifles, and various sorts of drugs, after a valuation made thereof, there should be taken three quarters of a piastre ; and that for the future no demand whatever to the contrary should be submitted to. ARTICLE LXVI. Non-obedience to contrary commands. That all commands issued by the Chamber contrary to the above-mentioned Articles should not be obeyed; but for the future, everything be observed conformably to the tenor of the Capitulations and the Imperial Signet. ARTICLE LXVII. Duty of 3 per cent, on all Goods Imported and Exported. It being stipulated by the Capitulations (Articles XXXIV, LlV, and LVII) that the English merchants shall pay a duty of 3 per cent, on all goods by them imported and exported, without being bound to pay an asper more ; and disputes having arisen with the customers on this head, they shall continue to pay duty as heretofore paid by them at the rate of 3 per cent, only, neither more nor less. ARTICLE LXVIII. Duties on Sale of English, Dutch, and other Cloths at Constantinople and Smyrna. That for the Londra and other cloths manufactured in England, whether fine or coarse, and of whatsoever price, imported by them into the ports of Constantinople and Galata, there shall be taken, according to the ancient canons, and as they have always hitherto 950 TURKEY. [1675. paid, 144 aspers, computing the dollar at 80 aspers, and the leone at 70, and nothing more shall be exacted from them ; but the cloths of Holland and other countries, viz., serges, Londrina scarlets, and other cloths, shall pay, for the future, that which hitherto has been the accustomed duty; and at Smyrna likewise shall be paid, according to ancient custom, calculated in dollars and leones, for every piece of London or other cloth of English fabric, whether fine or coarse, 120 aspers, without an asper more being demanded, or any innovation being made therein. ARTICLE LXIX. Civil Suits. Release of English Debtors on Bail. It being registered in the Imperial Capitulations that all suits wherein the English are parties, and exceeding the sum of 4,000 aspers, shall be heard in our Sublime Porte, and nowhere else : That if at any time the Commanders and Governors should arrest any English merchant, or other Englishman, on the point of departure by any ship, by reason of any debt or demand upon him, if the Consul of the place will give bail for him, by offering himself as surety until such suit shall be decided in our Imperial Divan, such person so arrested shall be released, and not imprisoned or prevented from prosecuting his voyage, and they who claim any- thing from him shall present themselves in our Imperial Divan, and there submit their claims, in order that the Ambassador may furnish an answer thereto. With regard to those for whom the Consul shall not have given bail, the Commandant may act as he shall think proper. ARTICLE LXX. Anchorage Duty. That all English ships coming from the ports of Constantinople, Alexandria, Smyrna, Cyprus, and other ports of our sacred dominions, shall pay 300 aspers for anchorage duty, without an asper more being demanded from them. ARTICLE LXXI. Property of Englishmen who turn Turks. That should any Englishman coming with merchandize turn Turk, and the goods so imported by him be proved to belong to merchants of his own country, from whom he had taken them, the whole shall be detained, with the ready money, and delivered up to the Ambassador, in order to his transmitting the same to the right owners, without any of our judges or officers interposing any obstacle or hindrance thereto. 1C75.] TURKEY. 951 ARTICLE LXXIL Duties on certain Articles purchased at Angora and Beghbazar for Exportation. That no molestation shall be given to any of the aforesaid nation buying camlets, mohairs, or grogram yarn, at Angora and Begh- bazar, and desirous of exporting the same from thence, after having paid the duty of 3 per cent, by any demand of customs for the exportation thereof, neither shall one asper more be demanded of them. ARTICLE LXXIII. Civil Suits. Payment for the assistance of a Chiaux. That should any suit be instituted by an English merchant for the amount of a debt, and the same be recovered by means of the assistance of a Chiaux, he shall pay him out of the money recovered 2 per cent., and what is usually paid for fees in the Mehkeme, or Court of Justice, and not an asper more. ARTICLE LXXIV. Purchase l>y King of England of Figs and Raisins at Smyrna, Salmiica, fyc. That the King, having always been a friend to the Sublime Porte, out of regard to such good friendship, His Majesty shall and may, with his own money, purchase for his own kitchen, at Smyrna, Salonica, or any other port of our sacred dominions, in fertile and abundant years, and not in times of dearth or scarcity, two cargoes of figs and raisins, and after having paid a duty of 3 per cent, thereon, no obstacle or hindrance shall be given thereto. ARTICLE LXXV. Exemption from Custom or Scale Duty on certain Silks purchased That it being represented to Us that the English merchants have been accustomed hitherto to pay no custom or scale duty, either on the Silks bought by them at Brussa and Constantinople, or on those which come from Persia and Georgia, and are purchased by them at Smyrna from the Armenians ; if such usage or custom really exists, and the same be not prejudicial to the Empire, such duty shall not be paid in future ; and the said Ambassador having requested that the aforegoing Articles might be duly respected and added to the Imperial Capitulations, his request was acceded to ; therefore in the same manner as the Capitulations were heretofore conceded by Our Imperial liatti- sheriff, so are they now in like 9521 TU&ICKY, [1675. Oct. 30, 1799. manner renewed, by Our Imperial command ; wherefore, in con- formity to the Imperial Signet, We have again granted these sacred Capitulations, which We command to be observed, so long as the said King shall continue to maintain that good friendship and understanding with our Sublime Porte, which was maintained in the happy time of our glorious ancestors, which friendship We, on our part, accept ; and adhering to these Articles and stipulations, We do hereby promise and swear, by the one Omnipotent God, the Creator of heaven and earth, and of all creatures, that We will permit nothing to he done or transacted contrary to the tenor of the Articles and Stipulations heretofore made, and these Imperial Capitulations ; and accordingly every one is to yield implicit faith and obedience to this our Imperial Signet, affixed in the middle of the month of Gemaziel, in the year 1086.* No. 184 ACT OF THE SUBLIME PORTE, GRANTING TO ENGLISH VESSELS THE PRIVILEGES OF COMMERCE IN THE BLACK SEA. October 30, 1799. Navigation of the Mack Sect. Most-favoured-nation Treatment. (Translation.) THE friendship and concord which, since time immemorial, subsist between the Sublime Porte of steadfast glory, and the Court of England, being now happily improved into an alliance established upon the firmest basis of truth and sincerity ; and it being beyond doubt that, in addition to the numerous advantages reaped hitherto by both countries from the new ties so strongly formed between the two Courts, many more salutary effects will, by the pleasure of God, be witnessed in future. Mature attention has, therefore, been paid to the representa- tions, relative to the permission being graciously granted for the navigation of English merchant-vessels in the Back Sea, which have been of late made,, both verbally and in writing, by the English Minister at this Court, Mr. Spencer Smith, our most esteemed friend, in conformity to his instructions and consistently * Corresponding with the year of our Lord 1G75. Oct. 30. 1799. July 23, 1802.] TURKEY. 953 with the confidence he is ever ambitious to manifest, in the inviolable attachment, which the Sublime Porte, of everlasting duration, professes towards his Court. In fact, this being a means whereby to evince, in a still farther degree, the attachment, the regard, and fidelity which are professed towards the Court of Great Britain by the Sublime Porte, of stead- fast glory, whose adherence to the obligations of Treaties, as well as faithful attention to fulfil the duties of friendship, are unexcep- tionable ; and it being sincerely hoped, that many more salutary effects will henceforward accrue from the close connection so firmly contracted between the two Courts ; a cordial grant of the above point is hereby made, as an act springing from the Sovereign breast of His Imperial Majesty himself. This privilege shall take effect with respect to the merchant- vessels of Great Britain, exactly on the same footing observed with those of the most favoured Powers ; it being understood that its execution be proceeded upon, immediately after the burthen of the said vessels, the mode of their transit through the Straits of Constantinople, and such other arrangements as appertain to this matter, shall have been settled in proper detail by friendly com- munication with the Minister before named; and that the same Minister, our friend, may notify this valuable concession to his Court, the present memorial is written, and delivered to him by express command. 1 of Gemaziel Ahkir, 1214 (30th October, 1799). Certified, SPENCER SMITH, His Majesty's Minister Plenipotentiary. No. 185. OFFICIAL NOTE DELIVERED BY THE REIS EFFENDI TO ALEXANDER STRATTON, ESQ. July 23, 1802. Most-favoured-nation Treatment conferred on British Merchant- ships navigating the Slack Sea. (Translation.) IT behoves the character of true friendship and sincere regard to promote with cheerfulness all such affairs and objects as may be 954 TURKEY. [July 23, 1802. Jan. 5, 1809, reciprocally useful, and may have a rank among the salutary fruits of those steady bonds of alliance and perfect good harmony which happily subsist between the Sublime Porte and the Court of Great Britain ; and as permission has heretofore been granted for the English merchant-ships to navigate in the Black Sea* for the purposes of Trade, the same having been a voluntary trait of His Imperial Majesty's own gracious heart, as more amply appears by an official Note presented to our friend the English Minister residing at the Sublime Porte, dated 3 Geraaziel Ahkir 1214 this present " takrir " (official Note) is issued ; the Imperial Ottoman Court hereby engaging that the same treatment shall be observed towards the English merchant-ships coming to that sea, as is offered to the ships of Powers most favoured by the Sublime Porte, on the score of that navigation. The 23 Kebiul Ewel, 1217 (23rd July, 1802). No. 186. TREATY BETWEEN GREAT BRITAIN AND TURKEY. Concluded at the Dardanelles, January 5, 1809. Au Nom de Dieu Tres-Mise"ricordieux. I/OBJET de cet Instrument rldele et authentique est ce qui suit : Nonobstant les apparences d'une mesintelligence survenue a la * Extract from General Treaty of Peace between Great Britain and Eussia of 30th March, 1856, Articles XI and XII : "Art. XI. The Black Sea is neutralized:* its waters and its ports thrown open to the Mercantile Marine of every nation. " Art. XII. Free from any impediment, the Commerce in the ports and waters of the Black Sea shall be subject only to regulations of health, customs, and police, framed in a spirit favourable to the development of commercial transactions. " In order to atford to the commercial and maritime interests of every nation the security which is desired, Eussia and the Sublime Porte will admit Consuls into their ports situated upon the coast of the Black Sea, in conformity with the principals of international law." Extract from the General Treaty between Great Britain and Eussia of 13th March, 1871, Article III : " The Black Sea remains open, as heretofore, to the Mercantile Marine of all nations.' * Abrogated by Treaty of 13th March, 1871, January 5 3 1809.] TURKEY. 955 suite des evonemens du terns entre la Cour de la Grande Bretagno et la Sublime Porte Ottomane, ces deux Puissances, egalement animees du desir sincere de re"tablir 1'ancienne amitid qui subsistait entre elles, ont nomme pour cet effet leurs Plenipotentiaires respectifs, savoir: Sa Majeste le Tres Auguste et Tres Honore George III, Eoi (Padishah) du Royaume Uni de la Grande Bretagne. et de 1'Irlande, a nomme pour Son Plenipotentiaire Robert Ad air, Ecuyer, Membre du Parlement Royal de la Grande Bretagne ; et Sa Majeste le Tres Majestueux, Tres Puissant, et Tres Magnifique Sultan Mahmoud Han II, Empereur des Ottomans, a nomme pour Son Plenipotentiaire, Seyde, Mehmed- Emin-Vahid Effendi, Directeur et Inspecteur du Departement appele Mercoiifat, et revetu du rang de Niclmngi du Divan Imperial ; lesquels, s'etant reeiproquement communiques leurs pleins-pouvoirs, ont, apres plusieurs conferences et discussions, conclu la paix egalement desiree des deux Puissances, et sont convenus des Articles suivans : APvTICLE I. Cessation of Hostilities. Exchange of Prisoners. Du moment de la signature du present Traite, tout acte d'hostilite doit cesser entre FAngleterre et la Turquie; et les prisonniers de part et d'autre doivent, en vertu de cette heureuse paix, etre echanges sans hesitation, en trente-un jours apres 1'epoque de la signature de ce Traite, on plus tot si faire se pourra. ARTICLE II. Restoration of Turkish Fortresses. S'il se trouvera des places appartenantes a la Sublime Porte dans Inoccupation de la Grande Bretagne, elles devront etre restitutes, et remises a la Sublime Porte, avec tous les canons, munitions et autres effets, dans la meme condition ou elles se trouvaient lors de leur occupation par 1'Angleterre, et cette restitution devra se faire dans 1'espace de trente-un jours apres la signature de ce present Traite. ARTICLE III. Restoration of Sequestered Property in respective Dominions. S'il y aurait des effets et proprietes appartenans aux negocians Anglais en sequestre sous la juridiction de la Sublime Porte, ils doivent etre entierenient rendus et remis aux proprietaires ; et pareillement s'il y aurait des effets, propriete's et vaisseaux appar- tenans aux negocians et sujets de la Sublime .Porte en sequestre a Malte, ou dans les autres iles et etats de Sa Majeste Britannique, ils doivent egalement etre entierenient rendus et remis a leurs proprietaires, 956 TUKKEY. [January 5, 1809. ARTICLE IV. Confirmation of Capitulations of 1675, and of Act of October 30, 1799, relating to Commerce of the Black Sea. Le Traite des Capitulations stipule en 1'annee Turque 1086, a la mi de la lime Gemaziel Ahkir, ainsi que 1'Acte relatif au Commerce de la Mer lSToire, et les autres privileges (Imtiazat) egalement etabiis par des Actes a des epoques subsequentes, doivent etre observes et maintenus comme par le passe comnio s'ils n'avaient souffert aucune interruption. ARTICLE V. Reciprocal Friendly Treatment of Turkish Subjects an/I their Commerce in British Dominions. En vertu du bon traitement et de la faveur accorde'e par la Sublime Porte aux negoci,ans Anglais, a regard de leurs mar- chandises et proprietes, et par rapport a tout ce dont leurs vaisseaux jont besoin, ainsi que dans tous les objets tendant a faciliter leur commerce, TAngleterre accordera reciproquement sa pleine faveur et un traitement amical aux pavilions, sujets et negocians de la Sublime Porte, qui dorenavant frequenteront les (Hats de Sa Majeste Britannique pour y exercer le commerce. ARTICLE VI. Customs Tariff. Le tarif de la douane qui a ete fixe a Constantinople en dernier lieu, sur 1'ancien taux de 3 pour cent, et specialement TArticle qui regarde le commerce interieur, seront observes pour toujours, ainsi qu'ils out ete regies, c'est k quoi 1'Angleterre proinet de se conform er. ARTICLE VII. Privileges of Ambassadors. Les Ambassadeurs de Sa Majeste le Roi de la Grande Bretagne jouiront pleinement des honneurs dont jouissent les Ambassadeurs des autres nations pres la Sublime Porte ; et reciproquement les Ambassadeurs de la Sublime Porte pres la Cour de Londres jouiront pleinement de tous les honneurs qui seront accordes aux Ambassadeurs de la Grande Bretagne. ARTICLE VIII. Appointment and Privileges of Consuls. II sera permis de nomrner des Shahbenders (Consuls) a Malte, et dans les Etats de Sa Majeste Britannique ou il sera necessaire, January 5, 1809.] TUKKE Y. 957 pour gerer et inspecter les affaires et les irrte'rets des negocians de la Sublime Porte ; et les merries traitemens et immunites qui sont pratique's envers les Consuls d'Angleterre residans dans les Etats Ottomans, seront exactement observes envers les Shahbenders de la Sublime Porte. AETICLE IX. Class of Persons to whom " Berat " is to be (/ranted as Dragomans. Turkish Subjects not to be appointed British Coiisuls. Les Arnbassadeurs et Consuls d'Angleterre pourront selon 1'usage se servir des Drogmans dont ils ont besoin : mais eomme il a ete arrete ci-devant d'un commun accord, que la Sublime Porte n'accordera pas de " Bared " de Drogman en faveur d'individus qui n'exerceront point cette fonction dans le lieu de leur destination, il est convenu, conformement a ce principe, que dorenavant il ne sera accorde de " Barat " & personne de la classe des artisans et banquiers, ni a quiconque tierrdra de boutique et de fabrique dans les marches publics, ou qui pretera la main aux affaires de cette nature ; et il ne sera nomme non plus des Consuls Anglais d'entre les sujets de la Sublime Porte. AETICLE X. English Patents of Protection not to be granted to Turkish Subjects nor Passports granted to them without Permission of the Porte. La paten te de protection Angloise ne sera accorded a personne d'entre les dependans et negocians sujets de Ja Sublime Porte, et il ne sera livre a ceux-ci aucun Passeport* de la part des Arnbassadeurs ou Consuls sans la permission prealable de la Sublime Port. AETICLE XL Passage of the Dardanelles and Bosphorus by Vessels of War. Comme ii a ete de tout terns defendu aux vaisseaux de guerre d'entrer dans le canal de Constantinople, savoir, dans le Detroit des Dardanelles, et dans celui de la Mer Noire, et comme cette ancienne regie de 1'Empire Ottoman doit etre de meme observe* dorenavant en terns de paix vis-a-vis de toute Puissance quelconque, la Cour Britannique pro met aussi de se conformer a ce principe. AETICLE XII. Ratifications. Les ratifications du present Traitc de Paix entre les Hautes Parties Contractantes seront echangees a Constantinople dans * Passeport de protection. [536] 3 R 958 TURKEY. [January 5, 1809. 1'espace de quatre-vingt-onze jours depuis la date du present Traite, ou plutot, si faire se pourra. En foi de quoi, et afin que la ratification des douze Articles de ce Traite qui vient d'etre heureusement conclu avec 1'assistance de Dieu, et en vertu de la since'rite et loyaute des Deux Parties, puisse etre e"changee, Moi, Plenipotentiary de la Sublime Porte, ai, en vertu de mes Pleins-pouvoirs, signe et cachete cet Instrument, lequel j'ai remis au Plenipotentiaire Anglais, en echange centre un autre Instrument tout a fait conforme, ecrit en langue Franchise, avec sa traduction, qui m'a et4 remise de sa part, conformement a ses Pleins-pouvoirs. Fait pres des Chateaux des Dardanelles, le 5 Janvier, 1809, qui correspond a Fan de THegire 1223, le 19 de la Lune Zilkaade. (L.S.) SEYD MEHMED EMIN VAHID EFFENDI. (L.S.) EOBEET ADAIK. July 3, 1815.] UNITED STATES. 959 UNITED STATES. No. 187. CONVENTION OF COMMERCE BETWEEN G-REAT BRITAIN AND THB UNITED STATES. Signed at London, July 3, 1815, HIS Britannick Majesty and the United States of America, being desirous, by a Convention, to regulate the commerce and navigation between their respective countries, territories, and people, in such a manner as to render the same reciprocally bene- ficial and satisfactory, have respectively named Plenipotentiaries, and given them full powers to treat of and conclude such Conven- tion ; that is to say, His Eoyal Highness the Prince Eegent, acting, in the name and on the behalf of His Majesty, has named for His Plenipotentiaries the Right Honourable Frederick John Robinson, Vice-President of the Committee of Privy Council for Trade and Plantations, Joint Paymaster of His Majesty's Forces, and a Member of the Imperial Parliament; Henry Goulbum, Esq., a Member of the Imperial Parliament, and Under-Secretary of State ; and William Adams, Esq., Doctor of Civil Laws : and the President of the United States, by and. with the consent of the Senate thereof, hath appointed for their Plenipotentiaries John -Quincy Adams, Henry Clay, and Albert Gallatin, citizens of the United States ; and the said Plenipotentiaries having mutually produced and shown their said full powers, and exchanged copies of the same, have agreed on and concluded the following Articles, viz. : ARTICLE I. 'Reciprocal- Freedom of Commerce and Navigation between British Territories in Europe, and United States. Residence. Hiring of Houses, Warehouses, fyc. There shall be between all the territories of His Britannick Majesty in Europe, and the territories of the United States, a reciprocal liberty of commerce. The inhabitants of the two countries respectively shall have liberty freely and securely to [536] 3 R 2 960 UNITED STATES. [July 3, 1815. come with their ships and cargoes to all such places, ports, and rivers in the territories aforesaid, to which other foreigners are permitted to come, to enter into the same, and to remain and reside in any parts of the said territories respectively ; also to hire and occupy houses and warehouses for the purposes of their commerce; and generally the merchants and traders of each nation respectively shall enjoy the most complete protection and security for their commerce ; but subject always to the laws and statutes of the two countries respectively. ARTICLE II. Imports .and Exports: Duties and Prohibitions. Most-favoured- nation Treatment. No higher or other duties shall be imposed on the importa- tion into the territories of His Britannick Majesty in Europe, of any articles the growth, produce, or manufacture, of the United States, and no higher or other duties shall be imposed on the importation into the United States, of any articles the growth, produce, or manufacture of His Britannick Majesty's territories in Europe, than are or shall be payable on the like articles, being the growth, produce, or manufacture of any other foreign country, nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to His Britannick Majesty's territories in Europe or to the United States, respectively, than such as are payable on the exportation of the like articles, to any other foreign country ; nor shall any prohibi- tion be imposed upon the exportation or importation of any articles, the growth, produce, or manufacture of the United States, or of His Britannick Majesty's territories in Europe, or to or from the said territories of His Britannick Majesty in Europe, to or from the said United States, which shall not equally extend to all other nations. Duties on Vessels. National Treatment. No higher or other duties or charges shall be imposed in any of the ports of the United States on British vessels, than those payable in the same ports by vessels of the United States ; nor in the ports of any of His Britannick Majesty's territories in Europe on the vessels of the United States, than shall be payable in the same ports on British vessels. Imports in Vessels of either Country. National Treatment. The same duties shall be paid on the importation into the United States of any articles the growth, produce, or manufacture of His Britannick Majesty's territories in Europe, whether such importation shall be in vessels of the United States or in British vessels, and the same duties shall be paid on the importation into the ports of any of His Britannick Majesty's territories in Europe, of any article, the growth, produce, or manufacture of the United States, whether such importation shall be in British vessels or in vessels of the United States, JulyS, 1815.] UNITED STATES. 961 Exports in Vessels of either Country. National Treatment. The same duties shall be paid, and the same bounties allowed, on the exportation of any articles, the ^growth, produce, or manu- facture of His Britannick Majesty's territories in Europe, to the United States, whether such exportation, shall be in vessels of the United States or in British vessels ; and the same duties shall, be paid, and the same bounties allowed, on the exportation of "any article, the growth, produce, or manufacture of the United States, to His Britannick Majesty's territories in Europe, whether such exportation shall be in British vessels or in vessels of the United States. Drawbacks. National Treatment. It is further agreed, that in all cases where drawbacks are or may be allowed, upon the re-exportation of any goods, the growth, produce, or manufacture of either country, respectively, the amount of the said drawbacks shall be the same whether the said goods shall have been originally imported in a British or American vessel ; but when such re-exportation shall take place from the United States in a British vessel, or from the territories of His Britannick Majesty in Europe in an American vessel, to any other foreign nation, the two Contracting Parties reserve to themselves, respectively, the right of regulating or diminishing, in such case, the amount of the said drawback. British Colonies in North America and West Indies excluded. The intercourse between the United States and His Britannick Majesty's possessions in the West Indies, and on the continent of North America, shall not be affected by any of the provisions of this Article, but each Party shall remain in the complete possession of its rights, with respect to such an intercourse. ARTICLE III. United States Commerce with East Indies, Calcutta, Madras, Bombay, and Prince of Wales' Islands. Most-favoured-nation Treatment. His Britannick Majesty agrees that the vessels of the United States of America shall be admitted, and hospitably received at the principal settlements of the British dominions in the East Indies, viz., Calcutta, Madras, Bombay, and Prince of Wales Islands, and that the citizens of the said United States mav freelv carry on trade between the said principal settlements and the said United States, in all articles in which the importation and exportation, respectively, to and from the said territories, shall not be entirely prohibited : Provided only, that it shall not be lawful for them in any time of war, between the British Government and any State or Power whatever, to export from the said territories, 962 UNITED STATES. [July 3, 1815. without the special permission of the British Government, any military stores or naval stores, or rice. The citizens of the United States shall pay for their vessels, when admitted, no higher or other duty or charge than ahall be payable on the vessels of the most-favoured European nations, and they shall pay no higher or other duties or charges on the importation or exportation of the cargoes of the said vessels than shall be payable on the same articles when imported or exported in the vessels of the most- favoured European nations. Goods from East Indies conveyed in United States Ships must be taken to a Port in the United States. But it is expressly agreed, that the vessels of the United States shall not carry any articles from the said principal settlements to any port or place, except to some port or place in the United States of America, where the same shall be unladen. Coasting Trade excepted,. It is also understood, that the permission granted by this Article is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories, but the vessels of the United States having, in the first instance, proceeded to one of the said principal settlements of the British dominions in the East Indies and then going with their original cargoes, or any part thereof, from one of the said principal settlements to another, shall not be considered as carrying on the coasting trade. United States' Vessels to or from India or China mat/ towh for Refreshments, hit not Commerce, at Cape of Good Hope rrml other British Possessions in Africa and at St. Helena. The vessels of the United States may also touch, for refresh- ments, but not for commerce, in the course of their voyage to or from the British territories in India, or to or from the dominions of the Emperor of China, at the Cape of Good Hope, the Island of St. Helena, or such other places as may be in the possession of Great Britain, in the African or Indian seas ; it being well under- stood that in all that regards this Article, the citizens of the United States shall be subject, in all respects, to the laws and regulations of the British Government, from time to time established. ARTICLE IV. Appointment of Consuls. It shall be free for each of the two Contracting Parties respectively to appoint Consuls, for the protection of trade, to reside in the dominions and territories of the other Party; but July 3, 1815.] UNITED STATES. 963 before any Consul shall act as such, he shall in the usual form be approved and admitted by the Government to which he is sent ; and it is hereby declared, that in case of illegal and improper conduct towards the laws or government of the country to which he is sent, such Consul may either be punished according to law, if the laws will reach the case, or be sent back, the offended Government assigning to the other the reasons for the same, It is hereby declared, that either of the Contracting Parties may except from the residence of Consuls such particular places as such Party shall judge fit to be so excepted. AETICLE V. Ratifications. This Convention, when the same shall have been duly ratified by His Britannick Majesty and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on His Majesty and on the said United States for four years from the date of its signature ; and the ratifications shall be exchanged in six months from this time, or sooner if possible. Done at London, this third day of July, in the year of our Lord One thousand eight hundred and fifteen. (Signed) (L.S.) FEED. J. ROBINSON. * (L.S.) HENRY GOULBURK (L.S.) WILLIAM ADAMS. (L.S.) JOHN Q. ADAMS. (L.S.) H. CLAY. (L.S.) ALBERT GALLATIN. DECLARATION. United States' Vessels not to touch at St. Helena so long as Napoleon Buonaparte is there. The Undersigned, His Britannick Majesty's Charge d'Affaim in the United States of America, is commanded by His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, to explain and declare, upon the exchange of the ratifications of the Convention concluded in London on the 3rd of July of the present year, for regulating the commerce and navigation between the two countries, that in consequence of events which have happened in Europe subsequent to the signature of the Convention aforesaid, it has been deemed expedient and determined, in conjunction with the Allied Sovereigns, that St. Helena shall be th$ place allotted for^ the future residence of General Napoleon Buonaparte, under such 964 UNITED STATES. [July 3, 1815. Oct. 20, 1818. regulations as may be necessary for the perfect security of his person, and it has been resolved, for that purpose, that all ships and vessels whatever, as well British ships and vessels as others, excepting only ships belonging to the East India Company, shall be excluded from all communication with or approach to that Island. It has therefore become impossible to comply with so much of the Third Article of the Treaty as relates to the liberty of touching for refreshment at the Island of St. Helena, and the ratifications of the said Treaty will be exchanged under the explicit declaration and understanding that the vessels of the United States cannot be allowed to touch at, or hold any communication whatever with, the said Island, as long as the said Island shall continue to be the place of residence of the said Napoleon Buonaparte. (Signed) ANTHONY ST. JOHN BAKER Washington, November 24, 1815. No. 188. .CONVENTION BETWEEN GREAT BRITAIN AND THE UNITED STATES. Signed at London, October 20, 1818. His Majesty The King of The United Kingdom of Great Britain and Ireland, and The United States of America, desirous to cement the good understanding which happily subsists between Them, have, for that purpose, named Their respective Pleni- potentiaries, that is to say: His Majesty, on His part, has appointed The Eight Honourable Frederick John Eobinson, Treasurer of His Majesty's Navy, and President of the Committee of Privy Council for Trade and Plantations ; and Henry Gonlburn, Esquire, one of His Majesty's Under Secretaries of State ; And the President of The United States has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to the Court of France; and .Richard Rush, their Envoy Extra- ordinary and Minister Plenipotentiary to the Court of His Britannick Majesty ; Who, after having exchanged their respective full powers, found to 1^ in due and proper form, have agreed to and concluded the following Articles : October 20, 1818.] UNITED STATES. 965 ARTICLE I. Newfoundland Fisheries. Whereas differences have arisen respecting the liberty claimed by The United States, for the Inhabitants thereof, to take, dry, and cure Fish, on certain Coasts, Bays, Harbours, and Creeks _of His Britannick Majesty's Dominions in America, it is agreed between the High Contracting Parties that the Inhabitants of the said United States shall have, for ever, in common with the Subjects of His Britannick Majesty, the liberty to take Fish of every kind, on that part of the Southern Coast of Newfoundland, which extends from Cape Ray to the Rameau Islands, on the Western and Northern Coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the Shores of the Magdalen Islands, and also on the Coasts, Bays, Harbours, and Creeks, from Mount Joly, on the Southern Coast of Labrador, to and through the Streights of Belleisle, and thence Northwardly indefinitely along the Coast, without prejudice, however, to any of the exclusive Rights of the Hudson's Bay Company. And that the American Fishermen shall also have liberty, for ever, to dry and cure Fish in any of the unsettled Bays, Harbours, and Creeks of the Southern part of the Coast of Newfoundland, here above described, and of the Coast of Labrador ; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said Fishermen to dry or cure Fish at such portion so settled, without previous agreement for such purpose, with the Inhabitants, Proprietors, or Possessors of the Ground. And the United States hereby renounced, for ever, any liberty heretofore enjoyed or claimed by the Inhabitants thereof, to take, dry, or cure Fish, on or within three Marine Miles of any of the Coasts, Bays, Creeks or Harbours of His Britannick Majesty's Dominions in America, not included within the above-mentioned limits : Provided, however, that the American Fishermen shall be admitted to enter such Bays or Harbours, for the purpose of shelter, and of repairing damages therein, of purchasing Wood, and of obtaining Water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing Fish therein, or in any other manner whatever abusing the privileges hereby reserved to them. ARTICLE II. Boundary between Canada and United States from Lake of the Woods to the Stojiy Mountains. It is agreed that a line drawn from the most North-Western Point of the Lake of the Woods, along the forty-ninth Parallel of North Latitude, or, if the said Point shall not be in the forty- ninth Parallel of North Latitude, then that a Line drawn from the said Point due North or South, as the case may be, until the 966 UNITED STATES. [October 20, 1818. said Line shall intersect the said Parallel of North Latitude, and from the P.oint of such intersection due West along and with the said Parallel, shall be the Line of Demarcation between the Territories of His Britannick Majesty and those of The United States, and that the said Line shall form the Southern Boundary of the said Territories of His Britannick Majesty, and the Northern Boundary of the Territories of The United States, from the Lake of the Woods to the Stony Mountains. ARTICLE III. Any Territory claimed by Great Britain or the United States on the North- West Coast of America, westward of the Stony Mountains, to be free and open for Ten Years to the Vessels and Subjects of both Countries. It is agreed that any Country that may be claimed by either Party on the North-West Coast of America, Westward of the Stony Mountains, shall, together with its Harbours, Bays, and Creeks, and the Navigation of all Rivers within the same, be free and open for the term of Ten Years from the date of the signature of the present Convention, to the Vessels, Citizens, and Subjects of the Two Powers ; it being well understood, that this Agree- ment is not to be construed to the prejudice of any Claim which either of the Two High Contracting Parties may have to any part of the said Country, nor shall it be taken to affect the Claims of any other Power or State to any part of the said Country, the only object of the High Contracting Parties, in that respect, being to prevent disputes and differences amongst Themselves. ARTICLE IV. Provisions of Treaty of July 3, 1815, prolonged for Ten Years. All the provisions of the Convention, " to regulate the Com- merce between the Territories of His Britannick Majesty and of The United States," concluded at London, on the 3rd day of July, in the year of Our Lord 1815, with the exception of the Clause which limited its duration to Four Years, and excepting also, so far as the same was affected by the Declaration of His Majesty respecting the Island of Saint Helena, are hereby extended and continued in force for the term of Ten Years from the date of the signature of the present Convention, in the same manner as if all the provisions of the said Convention were herein specially recited. ARTICLE V. United States entitled to Restitution and Compensation for Slaves. Differences as to Interpretation of Treaty of Ghent to be referred, to Arbitration. Whereas it was agreed by the First Article of the Treaty of Ghent that " All Territory, Places, and Possessions whatsoever, October 20, 1818.] UNITED STATES. 967 taken by either Party from the Other during the War, or which may be taken after the signing of this Treaty, excepting only the Islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the Artillery or other Publick Property originally captured in the said Forts or Places, which shall remain therein upon the exchange of the ratifications of this Treaty, or any Slaves or other Private Property ; " and whereas, under the aforesaid Article, the United States claim for their Citizens, and as their Private Property, the Eestitution of, or full Compensation for, all Slaves who, at the date of the exchange of the Eatifications of the said Treaty, were, in any Territory, Places, or Possessions whatsoever, directed by the said Treaty to be restored to The United States, but then still occupied by the British Forces, whether such Slaves were, at the date aforesaid, on shore, or on board any British Vessel, lying in Waters within the Territory or Jurisdiction of the United States ; and whereas Differences have arisen, whether, by the true intent and meaning of the aforesaid Article of the Treaty of Ghent, the United States are entitled to the Eestitution of, or full Compensation for, all or any Slaves, as above described, the High Contracting Parties hereby agree to refer the said Differences to some Friendly Sovereign, or State, to be named for that purpose ; and the High Contracting Parties further engage to consider the Decision of such Friendly Sovereign, or State, to be final and conclusive on all the matters referred. AETICLE VI. Ratifications. This Convention, when the same shall have been duly ratified by His Britannick Majesty and the President of The United States, by and with the advice and consent of their Senate, and the respective Eatifications mutually exchanged, shall be binding and obligatory on His Majesty and on the said United States ; and the Eatifications shall be exchanged in six months from this date, or sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the same, and have thereunto affixed the Seal of their Arms. Done at London, this twentieth day of October, in the Year of our Lord One thousand eight hundred and eighteen. (L.S.) FEEDEEICK JOHN EOBINSON. (L.S.) HENEY GOULBUEN. (L.S.) ALBEET GALLATIN. (L.S.) EICHAED EUSH. 968 UNITED STATES. [August 6, 1827. No. 189. CONVENTION OF COMMERCE BETWEEN GREAT BRITAIN AND THE UNITED STATES. Signed at London, August 6, 1827. His Majesty the King of the United Kingdom of Great Britain and Ireland, and the United States of America, being desirous of continuing in force the existing commercial regulations between the two countries, which are contained in the Convention concluded between them on the third of July, 1815, and further renewed by the Fourth Article of the Convention of the twentieth of October, 1818, have, for that purpose, named their respective Plenipotentiaries, that is to say : His Majesty the King of the United Kingdom of Great Britain and Ireland, the Eight Honourable Charles Grant, a member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, and Vice-President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations ; and Henry Unwin Addington, Esquire ; And the President of the United States of America, Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiaiy to His Bri tan nick Majesty ; Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles : ARTICLE I. Provisions of Treaty of July 3, 1815, extended indefinitely. All the provisions of the Convention concluded between His Majesty the King of the United Kingdom of Great Britain and Ireland, and the United States of America, on the third of July, 1815, and further continued for the term of ten years, by the Fourth Article of the Convention of the twentieth of October 1818, with the exception therein contained as to St. Helena, are hereby further indefinitely, and without the said exception, extended and continued in force from the date of the expiration of the said ten years, in the same manner as if the provisions of the said Convention of the third of July, 1815, were herein specifically recited. Aug. 6, 1827. May 8, 1871.] UNITED STATES. 969 AETICLE II. Duration of this Convention. It shall be competent, however, to either of the Contracting Parties, in case either should think fit, at any time after the expiration of the said ten years, that is, after the twentieth of October, 1828, on giving due notice of twelve months to the other Contracting Party, to annul and abrogate this Convention ; and it shall, in such case, be accordingly entirely annulled and abrogated, after the expiration of the said term of notice. AETICLE III. Ratifications. The present Convention shall be ratified, and the ratifications shall be exchanged in nine months, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London, the sixth day of August, in the year of our Lord One thousand eight hundred and twenty-seven. (L.S.) CHA. GEANT. (US.) HENEY UNWIN ADDINGTOK (L.S.) ALBEET GALLATIK No. 190. TREATY BETWEEN GREAT BRITAIN AND THE UNITED STATES. Signed at Washington, May 8, 1871. [Ratifications exchanged at London, Jum 17, 1871.] HER Britannic Majesty and the United States of America, being desirous to provide for an amicable settlement of all causes of difference between the two countries, have for that purpose appointed their respective Plenipotentiaries, that is to say : Her Britannic Majesty on her part has appointed as Her High Commissioners and Plenipotentiaries, the Eight Honourable George Frederick Samuel, Earl de Grey and Earl of Ripon, Viscount Gode- rich, Baron Grantham, a Baronet, a Pe$r of the United Kingdom, 970 UNITED STATES. [Ma *, 1871. V Lord President of Her Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, &c., &c. ; the Right Honourable Sir Stafford Henry Northcote, Baronet, one of Her Majesty's Most Honourable Privy Council, a Member of Parliament, a Companion of the Most Honourable Order of the Bath, &c., &c. ; Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America ; Sir John Alexander Macdonald, Knight Commander of the Most Honourable Order of the Bath, a Member of Her Majesty's Privy Council for Canada, and Minister of Justice and Attorney-General of Her Majesty's Dominion of Canada ; and Mountague Bernard, Esquire, Chichele Professor of International Law in the University of Oxford ; And the President of the United States has appointed on the part of the United States, as Commissioners in a Joint High Commission and Plenipotentiaries, Hamilton Fish, Secretary of State ; Kobert Cumming Schenck, Envoy Extraordinary and Minister Plenipo- tentiary to Great Britain ; Samuel Nelson, an Associate Justice of the Supreme Court of the United States ; Ebenezer Rockwood Hoar, of Massachusetts ; and George Henry Williams, of Oregon ; And the said Plenipotentiaries, after, having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following Articles : ARTICLE I. Reference of " Alabama " Claims to Arbitration. Whereas differences have arisen between the Government of the United States and the Government of Her Britannic Majesty, and still exist, growing out of the acts committed by the several vessels which have given rise to the claims genericalJy known as the " Alabama " claims ; And whereas Her Britannic Majesty has authorized Her High Commissioners and Plenipotentiaries to express, in a friendly spirit, the regret felt by Her Majesty's Government for the escape, under whatever circumstances, of the " Alabama " and other vessels from British ports, and for the depredations committed by those vessels : Now, in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the speedy settle- ment of such claims, which are not admitted by Her Britannic Majesty's Government, the High Contracting Parties agree that all the said claims, growing out of acts committed by the aforesaid vessels, and generically known as the " Alabama " claims, shall be referred to a Tribunal of Arbitration to be composed of five Arbi- trators to be appointed in the following manner, that is to say : one shall be named by Her Britannic Majesty ; one shall be named by the President of the United States ; His Majesty the King of Italy shall be requested to name one ; the President of the Swiss Confederation May8, 1871.] UNITED STATES. 971 shall be requested to name one ; and His Majesty the Emperor of Brazil shall be requested to name one. In the case of the death, absence, or incapacity to serve of any or either of the said Arbitrators, or in the event of either of the said Arbitrators omitting or declining or ceasing to act as such, Her Britannic Majesty, or the President of the United States, or His Majesty the King of Italy, or the President of the Swiss Confederation, or His Majesty the Emperor of Brazil, as the case may be, may forth- with name another person to act as Arbitrator in the place and stead of the Arbitrator originally named by such head of a State. And in the event of the refusal or omission for two months after the receipt of the request from either of the High Contracting Parties of His Majesty the King of Italy, or the President of the Swiss Con- federation, or His Majesty the Emperor of Brazil, to name an Arbitrator either to fill the original appointment or in the place of one who may have died, be absent, or incapacitated, or who may omit, decline, or from any cause cease to act as such Arbitrator, His Majesty the King of Sweden and Norway shall be requested to name one or more persons, as the case may be, to act as such Arbitrator or Arbitrators. ! ' ARTICLE II. " Alabama " Arbitration All Questions considered by the Tribunal and Award to be decided ~by majority of Arbitrators. The Arbitrators shall meet at Geneva, in Switzerland, at the earliest convenient day after they shall have been named, and shall proceed impartially and carefully to examine and decide all questions that shall be laid before them on the part of the Governments of Her Britannic Majesty and the United States respectively. All questions considered by the Tribunal, including the final award, shall be decided by a majority of all the Arbitrators. Each of the High Contracting Parties shall also name one person to attend the Tribunal as its Agent to represent it generally in all matters connected with the arbitration. ARTICLE III. " Alabama " Arbitration Time for delivery of Cases to Arbitrators. The written or printed case of each of the two Parties, accom- panied by the documents, the official correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the Arbitrators and to the Agent of the other Party as soon as may be after the organization of the Tribunal, but within a period not exceeding six months from the date of the exchange of the ratifications of this Treaty. 972 UNITED STATES. [May 8, 1871. ARTICLE IV. " Alabama " Arbitration Time for delivery of Counter-Cases to Arbitrators. Within four months after the delivery on both sides of the written or printed Case, either Party may, in like manner, deliver in duplicate to each of the said Arbitrators, and to the Agent of the other Party, a Counter-Case and additional documents, correspondence, and evidence, in reply to the Case, documents, correspondence, and evidence, so presented by the other Party. The Arbitrators may, however, extend the time for delivering such Counter-Case, documents, correspondence, and evidence, when, in their judgment, it becomes necessary, in consequence of the distance of the place from which the evidence to be presented is to be procured. If, in the Case submitted to the Arbitrators, either Party shall have specified or alluded to any report or document in its own exclusive possession without annexing a copy, such Party shall be bound, if the other Party thinks proper to apply for it, to furnish that Party with a copy thereof ; and either Party may call upon the other, through the Arbitrators, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrators may require. ARTICLE V. " Alabama " Arbitration Time for delivery of Arguments, &c., to Arbitrators. It shall be the duty of the Agent of each Party, within two months after the expiration of the time limited for the delivery of the Counter- Case on both sides, to deliver in duplicate to each of the said Arbi- trators and to the Agent of the other Party a written or printed argument showing the points and referring to the evidence upon which his Government relies ; and the Arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument or oral argument by counsel upon it ; but in such case the other Party shall be entitled to reply either orally or in writing, as the case may be. ARTICLE VI. The " Three Rules:' In deciding the matters submitted to the Arbitrators they shall be governed by the following three rules, which are agreed upon by the High Contracting Parties as rules to be taken as applicable to the case, and by such principles of international law not incon- sistent therewith as the Arbitrators shall determine to have been applicable to the case : May&, 1871.] UNlTEl) STATES; 973 Rules. ^ , stj t ' % A neutral Government is bound First. To use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruize or to carry on war against a Power with which it is at peace ; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruize or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use. Secondly. Not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men. Thirdly. To exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties. Her Britannic Majesty has commanded her High Commissioners and Plenipotentiaries to declare that Her Majesty's Government cannot assent to the foregoing rules as a statement of principles of international law which were in force at the time when the claims mentioned in Article I arose, but that Her Majesty's Government, in order to evince its desire of strengthening the friendly relations between the two countries, and of making satisfactory provision for the future, agrees that, in deciding the questions between the two countries arising out of those claims, the Arbitrators should assume that Her Majesty's Government had undertaken to act upon the principles set forth in these rules. And the High Contracting Parties agree to observe these rules as between themselves in future, and to bring them to the knowledge of other Maritime Powers and to invite them to accede to them. ARTICLE VII " Alabama " Arbitration. Time for delivery of Award. The decision of the Tribunal shall, if possible, be made within three months from the close of the argument on both sides. It shall be made in writing and dated, and shall be signed by the Arbitrators who may assent to it. The said Tribunal shall first determine as to each vessel separately whether Great Britain has, by any act or omission, failed to fulfil any of the duties set forth in the foregoing three rules, or recognized by the principles of international law not inconsistent with such rules, and shall certify such fact as to each of the said vessels. In case the Tribunal find that Great Britain has failed to fulfil any duty or duties as aforesaid, it may, if it think proper, proceed to award a sum in gross to be paid by Great Britain to the United States [536] 3 S 974 UNITED STATES'. [May's, 1871. for all the claims referred to it ; and in such, case the gross sum so awarded shall be paid in coin by the Government of Great Britain to the Government of the United States at Washington within twelve months after the date of the award. The award shall be in duplicate, one copy whereof shall be delivered to the Agent of Great Britain for his Government, and the other copy shall be delivered to the Agent of the United States for his Government. ARTICLE VIII. " Alabama " Arbitration. Payment of Expenses. Each Government shall pay its own Agent and provide for the proper remuneration of the Counsel employed by it, and of the Arbi- trator appointed by it, and for the expense of preparing and sub- mitting its case to the Tribunal. All other expenses connected with the arbitration shall be defrayed by the two Governments in equal moieties. ARTICLE IX. " Alabama " Arbitration. Record of Proceedings of Tribunal. The Arbitrators shall keep an accurate record of their proceedings, and may appoint and employ the necessary officers to assist them. ARTICLE X. " Alabama " Arbitration. Appointment of a Board of Assessors to ascertain and determine Validity of Claims, &c. In case the Tribunal finds that Great Britain has failed to fulfil any duty or duties as aforesaid, and does not award a sum in gross, the High Contracting Parties agree that a Board of Assessors shall be appointed to ascertain and determine what claims are valid, and what amount or amounts shall be paid by Great Britain to the United States on account of the liability arising from such failure as to each vessel, according to the extent of such liability as decided by the Arbitrators. The Board of Assessors shall be constituted as follows : One member thereof shall be named by Her Britannic Majesty ; one member thereof shall be named by the President of the United States, and one member thereof shall be named by the Representative at Washington of His Majesty the King of Italy ; and in case of a vacancy happening from any cause, it shall be rilled in the same manner in which the original appointment was made. As soon as possible after such nominations the Board of Assessors shall be organized in Washington, with power to hold their sittings there, or in New York, or in Boston. The members thereof shall May 8, 1871.] UNITED STATES. 975 severally subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment and according to justice and equity, all matters submitted to them, and shall forthwith proceed, under such rules and regulations as they may prescribe, to the investigation of the claims which shall be presented to them by the Government of the United States, and shall examine and decide upon them in such order and manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the Governments of Great Britain and of the United States respectively. They shall be bound to hear on each separate claim, if required, one person on behalf of each Government as Counsel or Agent. A majority of the Assessors in each case shall be sufficient for a decision. The decision of the Assessors shall be given upon each claim in writing, and shall be signed by them respectively, and dated. Every claim shall be presented to the Assessors within six months from the day of their first meeting ; but they may, for good cause shown, extend the time for the presentation of any claim to a further period not exceeding three months. The Assessors shall report to each Government, at or before the expiration of one year from the date of their first meeting, the amount of claims decided by them up to the date of such report ; if further claims then remain undecided, they shall make a further report at or before the expiration of two years from the date of such first meeting ; and in case any claims remain undetermined at that time, they shall make a final report within a further period of six months. The report or reports shall be made in duplicate, and one copy thereof shall be delivered to the Representative of Her Britannic Majesty at Washington, and one copy thereof to the Secretary of State of the United States. All sums of money which may be awarded under this Article shall be payable at Washington, in coin, within twelve months after the delivery of each report. The Board of Asessors may employ such clerks as they shall think necessary. The expenses of the Board of Assessors shall be borne equally by the two Governments, and paid from time to time, as may be found expedient, on the production of accounts certified by the Board. The remuneration of the Assessors shall also be paid by the two Governments in equal moieties in a similar manner. ARTICLE XI. " Alabama " Arbitration. Result of Proceedings of Tribunal and of Board of Assessors to be considered as a full, perfect and final Settlement of Claims. The High Contracting Parties engage to consider the result of the proceedings of the Tribunal of Arbitration and of the Board of [536] 3 S 2 976 UNITED STATES. [May 8, 1ST 1. Assessors, should such Board be appointed, as a full, perfect, and final settlement of all the claims hereinbefore referred to ; and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the Tribunal or Board, shall, from and after the conclusion of the proceedings of the Tribunal or Board, be considered and treated as finally settled, barreJ, and thenceforth inadmissible. ARTICLE XII. Unsettled Claims arising out of Acts committed between April, 13, 1861, and April 9, 1865, to be referred to Three Commissioners. The High Contracting Parties agree that all claims on the part of Corporations, Companies, or private individuals, citizens of the United States, upon the Government of Her Britannic Majesty, arising out of acts committed against the persons or property of citizens of the United States during the period between the 13th of April, 1861, and the 9th of April, 1865, inclusive, not being claims growing out of the acts of the vessels referred to in Article I of this Treaty ; and all claims, with the like exception, on the part of Corporations, Companies, or private individuals, subjects of Her Britannic Majesty, upon the Government of the United States, arising out of acts committed against the persons or property of subjects of Her Britannic Majesty during the same period, which may have been presented to either Government for its interposition with the other, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in Article XIV of this Treaty, shall be referred to three Commissioners, to be appointed in the following manner, that is to say : One Com- missioner shall be named by Her Britannic Majesty, one by the President of the United States, and a third by Her Britannic Majesty and the President of the United States conjointly; and in case the third Commissioner shall not have been so named within a period of three months from the date of the exchange of the ratifications of this Treaty, then the third Commissioner shall be named by the Eepresentative at Washington of His Majesty the King of Spain. In case of the death, absence, or incapacity of any Commissioner, or in the event of any Commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appointment, the period of three months in case of such substitution being calculated from the date of the happening of the vacancy. The Commissioners so named shall meet at Washington at the earliest convenient period after they have been respectively named, and shall before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, all such claims as shall be laid before them on the part of 31878,1871.] UNITED STATES. 977 the Governments of Her Britannic Majesty and of the United States respectively; and such declaration shall be entered on the record of their proceedings. * ARTICLE XIII. Procedure of Claims Commission alluded to in Article XII. Decision of Majority of Commissioners to be final. The Commissioners shall then forthwith proceed to the investiga- tion of the claims which shall be presented to them. They shall in- vestigate and decide such claims in such order and such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of their respective Govern- ments. They shall be boun,d to receive and consider all written documents or statements which may be presented to them by or on behalf of their respective Governments in support of, or in answer to, any claim ; and to hear, if required, one person on each side, on behalf of each Government, as Counsel or Agent for such Government, on each and every separate claim. A majority of the Commissioners shall be sufficient for an award in each case. The award shall be given upon each claim in writing, and shall be signed by the Com- missioners assenting to it. It shall be competent for each Govern- ment to name one person to attend the Commissioners as its Agent to present and support claims on its behalf and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof. The High Contracting Parties hereby engage to consider the decision of the Commissioners as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objection, evasion, or delay whatsoever. ARTICLE XIV. Time for Presentation of Claims to Commission alluded to in Article XII. Every claim shall be presented to the Commissioners within six months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the Com- missioners ; and then, and in any such case, the period for presenting the claim may be extended by them to any time not exceeding three months longer. The Commissioners shall be bound to examine and decide upon every claim within two years from the day of their first meeting. It shall be competent for the Commissioners to decide in each case whether any claim has or has not been duly made, preferred, and laid before them, either wholly or to any and what extent, according to the true intent and meaning of this Treaty. 978 UNITED STATES. [May 8, 1871. ARTICLE XV. Sums awarded by Claims Commissioners to be paid within Twelve Months of Final Award without Interest. All sums of money which may be awarded by the Commissioners on account of any claim shall be paid by the one Government to the other, as the case may be, within twelve months after the date of the final award, without interest, and without any deduction save as specified in Article XVI of this Treaty. ARTICLE XVI. Claims Commission. Procedure Payment of Commissioners, &c. The Commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and may appoint and employ a Secretary, and any other necessary officer or officers, to assist them in the transaction of the business which may come before them. Each Government shall pay its own Commissioner and Agent or Counsel. All other expenses shall be defrayed by the two Govern- ments in equal moieties. The whole expenses of the Commission, including contingent expenses, shall be defrayed by a rateable deduction on the amount of the sums awarded by the Commissioners ; provided always that such deduction shall not exceed the rate of 5 per cent, on the sums so awarded. ARTICLE XVII. Claims Commission. Result of Proceedings to be considered as a final Settlement of Claims mentioned in Article XII. The High Contracting Parties engage to consider the result of the proceedings of this Commission as a full, perfect, and final settlement of all such claims as are mentioned in Article XII of this Treaty upon either Government ; and further engage that every such claim, whether or not the same may have been presented to the notice of> made, preferred, or laid before the said Commission, shall, from and after the conclusion of the proceedings of the said Commission, be considered and treated as finally settled, barred, and thenceforth inadmissible. [Articles XVIII to XXV terminated on July 2, 1885.] ARTICLE XXVI. Navigation of River St. Lawrence to be open to Commerce of United States. The navigation of the River St. Lawrence, ascending and descend- ing, from the forty-fifth parallel of north latitude, where it ceases to form the boundary between the two countries, from, to, and into the May8, 1871.] UNITED STATES. 979 sea, shall for e^r remain free and open for the purposes of commerce to the citizens of the United States, subject to any laws and regula- tions of Great Britain, or of the Dominion of Canada, not inconsistent with such privilege of free navigation. Navigation of Rivers Yukon, Porcupine, and Stikine to be ogen to British Commerce. The navigation of the Rivers Yukon, Porcupine, and Stikine, ascending and descending from, to, and into the sea, shall for ever remain free and open for the purposes of commerce to the subjects of Her Britannic Majesty and to the citizens of the United States, subject to any laws and regulations of either country within its own territory, not inconsistent with such privilege of free navigation. ARTICLE XXVII. Use by United States 9 Citizens of Wetland, St. Lawrence, and other Canadian Canals. The Government of Her Britannic Majesty engages to urge upon the Government of the Dominion of Canada to secure to the citizens of the United States the use of the Welland, St. Lawrence, and other canals in the Dominion on terms of equality with the inhabi- tants of the Dominion ; Use by British Subjects of St. Clair Flats Canal and certain State Canals. And the Government of the United States engages that the subjects of Her Britannic Majesty shall enjoy the use of the St. Clair Flats Canal on terms of equality with the inhabitants of the United States, and further engages to urge upon the State Governments to secure to the subjects of Her Britannic Majesty the use of the several State canals connected with the navigation of the lakes or rivers traversed by or contiguous to the boundary line between the posses- sions of the High Contracting Parties, on terms of equality with the inhabitants of the United States. ARTICLE XXVIII. Navigation of Lake Michigan to be open to Commerce of British Subjects for term of years mentioned in Article XXXIII. The navigation of Lake Michigan shall also, for the term of years mentioned in Article XXXIII of this Treaty, be free and open for the purposes of commerce to the subjects of Her Britannic Majesty, subject to any laws and regulations of the United States, or of the States bordering thereon not inconsistent with such privilege of free navigation. 980 UNITED STATES. [May 8, 1871. ARTICLE XXIX. Free Transit of Goods through United States' Territory to Canada for term of Years mentioned in Article XXXIII. It is agreed that, for the term of years mentioned in Article XXXIII of this Treaty, goods, wares, or merchandize arriving at the ports of New York, Boston, and Portland, and any other ports in the United States which have been or may from time to time be specially designated by the President of the United States, and destined for Her Britannic Majesty's Possessions in North America, may be entered at the proper Custom-house and conveyed in transit, without the payment of duties, through the territory of the United States, under such rules, regulations, and conditions for the protection of the revenue as the Government of the United States may from time to time prescribe ; and, under like rules, regulations, and conditions, goods, wares, or merchandize may be conveyed in transit, without the payment of duties, from such Possessions through the territory of the United States for export from the said ports of the United States. Free Transit of Goods through Canada to the United States for term of Years mentioned in Article XXXIII. It is further agreed that for the like period goods, wares, or merchandize arriving at any of the ports of Her Britannic Majesty's Possessions in North America and destined for the United States may be entered at the proper Custom-house and conveyed in transit, without the payment of duties, through the said Possessions, under such rules and regulations, and conditions for the protection of the revenue, as the Governments of the said Possessions may from time to time prescribe ; and under like rules, regulations, and conditions goods, wares, or merchandize may be conveyed in transit, without payment of duties, from the United States through the said Posses- sions to other places in the United States, or for export from ports in the said Possessions. [Article XXX terminated on July 2, 1885.] J ARTICLE XXXI. As to Non-levying of Export Duty on Lumber or Timber cut in United States' Territory watered by River St. John and floated down that River to the Sea. The Government of Her Britannic Majesty further engages Jo urge upon the Parliament of the Dominion of Canada and the Legis- lature of New Brunswick that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that portion of the American territory in the State of Maine watered by the river St. John and its tributaries, and floated down that river to the sea, when the same is shipped to the United States from the Province of May8, 1871.1 UNITED STATES. 981 New Bmnswick. And, in case any such export or other duty con- tinues to be levied after the expiration of one year from the date of the exchange of the ratifications of this Treaty, it is agreed that the Government of the United States may suspend the right of carrying hereinbefore granted under Article XXX of this Treaty for such period as such export or other duty may be levied. [Article XXXII terminated on July 2, 1885.] ARTICLE XXXIII. Duration of Articles XVIII to XXV and Article XXX of this Treaty. The foregoing Articles XVIII to XXV inclusive, and Article XXX of this Treaty, shall take effect as soon as the Laws required to carry them into operation shall have been passed by the Imperial Parlia- ment of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward's Island on the one hand, and by the Congress of the United States on the other. Such assent having been given, the said Articles shall remain in force for the period of ten years from the date at which they may come into operation, and further, until the expiration of two years after either of the High Contracting Parties shall have given notice to the other of its wish to terminate the same ; each of the High Contracting Parties being at liberty to give such notice to the other at the end of the said period of ten years or at any time afterward. ARTICLE XXXIV. Submission to Arbitration of German Emperor of Boundary between United States and Canada laid down in Article I of Treaty of 1846. Whereas it was stipulated by Article I of the Treaty concluded at Washington on the 15th of June, 1846, between Her Britannic Majesty and the United States, that the line of boundary between the territories of Her Britannic Majesty and those of the United States, from the point on the forty-ninth parallel of north latitude up to which it had already been ascertained, should be continued westward along the said parallel of north latitude " to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly, through the middle of the said channel and of Fuca Straits, to the Pacific Ocean " ; and whereas the Com- missioners appointed by the two High Contracting Parties to deter- mine that portion of the boundary which runs southerly through the middle of the channel aforesaid were unable to agree upon the same ; and whereas the Government of Her Britannic Majesty claims that such boundary line should, under the terms of the Treaty above lec'.ted, be run through the Rosario Straits, and the Government of the United States claims that it should be run through the Canal'de Haro, it is agceed that the respective claims of the Government of Her Britannic Majesty and of the Government of the United States 982 UNITED STATES. [May 8, 1871. shall be submitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard to the above-mentioned Article of the said Treaty, shall decide thereupon, finally and without appeal, which of those claims is most in accordance with the true interpretation of the Treaty of 15th June, 1846. AETICLE XXXV. Aivard of German Emperor as to Boundary between the United States and Canada laid down in Article I of Treaty of 1846 to be final. The award of His Majesty the Emperor of Germany shall be considered as absolutely final and conclusive ; and full effect shall be given to such award without any objection, evasion, or delay whatso- ever. Such decision shall be given in writing and dated ; it shall be in whatsover form His Majesty may choose to adopt ; it shall be delivered to the Representatives or other public Agents of Great Britain and of the United States respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof. / ARTICLE XXXVI. Boundary Arbitration. Time for delivery of Cases. The written or printed Case of each of 4}he two Parties, accom- panied by the evidence offered in support of the same, shall be laid before His Majesty the Emperor of Germany within six months from the date of the exchange of the ratifications of this Treaty, and a copy of such Case and evidence shall be communicated by each Party to the other, through their respective Representatives at Berlin. The High Contracting Parties may include, in the evidence to be considered by the Arbitrator, such documents, official correspondence and other official or public statements bearing on the subject of the reference as they may consider necessary to the support of their respective cases. After the written or printed Case shall have been communicated by each Party to the other, each Party shall have the power of draw- ing up and laying before the Arbitrator a second and definitive state- ment, if it think fit to do so, in reply to the Case of the other Party so communicated, which definitive statement shall be so laid before the ^Arbitrator, and also be mutually communicated in the same manner as aforesaid, by each Party to the other, within six months from the date of laying the first statement of the Case before the Arbitrator. 8,.187l.] UNITED STATES. 983 ARTICLE XXXVII. Boundary Arbitration. Production of Documents alluded to in Cases, &c. If, in the Case submitted to the Arbitrator, either Party shall specify or allude to any report or document in its own exclusive possession without annexing a copy, such Party shall be bound, if the other Party thinks proper to apply for it, to furnish that Party with a copy thereof, and either Party may call upon the other, through the Arbitrator, to produce the originals or certified copies of any papers adduced as 'evidence, giving in each instance such reasonable notice as the Arbitrator may require. And if the Arbi- trator should desire further elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either Party, and he shall be at liberty to hear one Counsel or Agent for each Party, in relation to any matter, and at such time, and in such manner, as he may think fit. ARTICLE XXXVIII, Boundary Arbitration. British and United States'* Diplomatic Representatives at Berlin to be the Agents. The Representatives or other public Agents of Great Britain and of the United States at Berlin respectively, shall be considered as the Agents of their respective Governments to conduct their Cases before the Arbitrator, who shall be requested to address all his communica- tions, and give all his notices, to such Representatives or other public Agents, who shall represent their respective Governments generally in all matters connected with the arbitration. ARTICLE XXXIX. Boundary Arbitration. Arbitrator to proceed in matter ivhen he sees fit. It shall be competent to the Arbitrator to proceed in the said Arbitration, and all matters relating thereto, as when he shall see fit, either in person, or by a person or persons named by him for that purpose, either in the presence or absence of either or both Agents, and either orally or by written discussion, or otherwise. ARTICLE XL. Boundary Arbitration. Appointment of Secretary. The Arbitrator may, if he think fit, appoint a Secretary or Clerk, for the purposes of the proposed arbitration, at such rate of remunera- tion as he shall think proper. This, and all other expenses of and 984 UNITED STATES. [May 8, 1871. connected with the said arbitration, shall be provided for as herein- after stipulated. ARTICLE XLI. ; Boundary Arbitration. Expenses. The Arbitrator shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have been put to in relation to this matter, which shall forthwith be repaid by the two Governments in equal moieties. ARTICLE XLII. Boundary Arbitration. Award. The Arbitrator shall be requested to give his award in writing as early as convenient after the whole Case on each side shall have been laid before him, and to deliver one copy thereof to each of the said Agents. ARTICLE XLIII. ^ Ratifications. The present Treaty shall be duly ratified by Her Britannic Majesty and by the President of the United States of America, by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged either at London or at Washington within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty, and have hereunto affixed our seals. Done in duplicate at Washington, the eighth day of May, in the year of Our Lord one thousand eight hundred and seventy- one. (L.S.) DE GREY & RIPON. (L.S.) STAFFORD H. NORTHCOTE. (L.S.) EDWD. THORNTON. (L.S.) JOHN A. MACDONALD. (L.S.) MOUNTAGUE BERNARD. (L.S.) HAMILTON FISH. (L.S.) ROBT. C. SCHENCK. (L.S.) SAMUEL NELSON. (L.S.) EBENEZER ROCKWOOD HOAR. (L.S.) GEO. H. WILLIAMS. Oct. 24, 1877.] UNITED STATES, 985 April 11, 1887.] No. 191. DECLARATION BETWEEN GREAT BRITAIN AND THE UNITED STATES FOR THE PROTECTION OF TRADE-MARKS. Signed at London, October 24, 1877. THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of the United States of America, with a view to the reciprocal protection of the marks of manufacture and trade in the two countries, have agreed as follows : The subjects or citizens of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as belong to native subjects or citizens, or as are now granted, or may hereafter be granted, to the subjects and citizens of the most favoured nation, in everything relating to property in trade-marks and trade labels. It is understood that any person who desires to obtain the afore- said protection must fulfil the formalities required by the laws of the respective countries. In witness whereof the Undersigned have signed the present Declaration, and have affixed thereto the seal of their arms. Done at London, the 24th day of October, 1877. (L.S.) DERBY. (L.S.) EDWARDS PIERREPONT. No. 192. ACCESSION OF THE UNITED STATES TO THE INTERNATIONAL UNION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. April 11, 1887. (No. 1.) The President of the Swiss Confederation to the Marquis of Salisbury. Excellence, Berne, k 11 Avril, 1887. Nous avons 1'honneur d'informer votre Excellence que le Senat des Etats-Unis a ratine la Convention du 20 Mars, 1883, pour la Protection de la Propriete Industrielle, et le Protocole adopte le 11 Mai, 1886, par la Conference de Rome, et que le Gouvernement de ce pays a notifie a la Legation Suisse de Washington son intention d'acceder a FUnion pour la Protection de la Propriete Industrielle. 986 UNITED STATES. [April 11, 1887. La date pril30, 1886. shall be fixed according to the market price at Zanzibar, and in that of native goods and produce by the market price at the place where the merchant shall choose to pay the duty. In the event of any dispute arising between a British subject and the Custom-house authorities regarding the value of such goods, this shall be determined by reference to two experts, each party nominat- ing one, and the value so ascertained shall be decisive. Should, however, these experts not be able to agree, they shall choose an umpire, whose decision is to be considered final. ARTICLE XII. Non-obstruction of Goods in Tran-sit in Zanzibar. His Highness the Sultan of Zanzibar engages by the present Treaty to provide, and give orders to his officials, that the movement of goods in transit shall not be obstructed or delayed in a vexatious manner by unnecessary Customs formalities and regulations, and that every facility will be given for their transport by land and river, and that as far as is consistent with the special provisions of this Treaty the principles approved of by the Congo Conference shall be carried out. Erection of a Custom-house at Zanzibar. His Highness further undertakes to see that a custom-house answering all requirements of commerce be erected at Zanzibar, with stores secure against fire, decay, or theft, for the protection of the goods placed therein. The conditions under which goods shall be stored, and the charges to be levied on account thereof, shall be subject to future agreement between His Highness the Sultan and the Representatives of the several Treaty Powers, ARTICLE XIII. Vessels in Distress. Wrecks. Salvage. British vessels entering a port in the dominions of His Highness the Sultan of Zanzibar in distress shall receive from the local authori- ties all necessary aid to enable them, to revictual and refit so as to proceed on their voyage. Should a British vessel be wrecked off the coast of the mainland, or on one of the islands of His Highness' dominions, the authorities of His Highness shall render all assistance in their power to the distressed vessel, in order to save the ship, her cargo, and those on board ; they shall also give aid and protection to persons saved, and shall assist them in reaching the nearest British Consulate ; they shall fuiuber take every possible care that the goods so lecovered are safely, stored, and kept for the purpose of being handed over to the owner, captain, agent of the ship, or British Consul, subject always to rights of salvage. April 30, 1886.] Z ANZIBAB. 1 '2 7 His Highness' authorities shall further see that the nearest British Consulate is at once informed of such disaster having occurred. Should a British vessel wrecked on the coast of the mainland, or islands, within the dominions of the Sultan of Zanzibar be plundered, the authorities of His Highness shall, as soon as they come to know thereof, render prom.pt assistance and take measures to pursue and punish the robbers, and recover the stolen property. Likewise, should a vessel of His Highness the Sultan of Zanzibar, or one of his subjects, enter a British port in distress, or be wrecked off the coast of Her Majesty's dominions, the like help and assistance shall be rendered by the British authorities. ARTICLE XIV. i Seamen Deserters. Should sailors or others belonging to a British ship of war, or merchant- vessel, desert and take refuge on shore or on board of any of His Highness' ships, the authorities of His Highness the Sultan of Zanzibar shall, upon request of a Consular official, or in his absence of the captain of the ship, take the necessary steps in order to have them arrested and delivered over to the Consular official or to the captain. In this, however, the Consular officer and captain shall render every assistance. So also the authorities of His Highness the Sultan, in case of men deserting from ships of His Highness the Sultan, or of his subjects, and who have taken refuge on board of a British vessel in harbour, or in the house of British subject on shore in Zanzibar, may apply to a British Consular official, or in his absence to the captain or house occupant, who, unless there is reason to the contrary, shall take the necessary steps to cause them to quit the vessel or premises, for the purpose of being returned to the captain or the Sultan's authorities. ARTICLE XV. Procedure in case of Goods of British Subjects landed in Zanzibar under a false Declaration, &c. In the event of goods or produce the property of or consigned to a British subject being seized as having been landed or passed under a false declaration, and for the purpose of fraudulently evading pay- ment of any duty or tax, the matter shall be immediately brought to the notice of the nearest British Consular authority, who shall there- upon inquire into the circumstances, and make such order therein as he shall see fit, with power to condemn and confiscate, either in whole or in part, for the benefit of His Highness the Sultan, the goods so seized, and, in addition, to punish the offender, if a British subject, with fine, which fine, if any, shall be paid over to His Highness. IQ'28 ZANZIBAR. [April 30, 1886. AKTICLE XVI. Consular Jurisdiction in Zanzibar Dominions. Subjects of Her Britannic Majesty shall, as regards their person and property, enjoy within the dominions of His Highness the Sultan of Zanzibar the rights of exterritoriality. The authorities of His Highness the Sultan have no right to interfere in disputes between subjects of Her Britannic Majesty amongst themselves, or between them and members of other Christian nations such questions, whether of a civil or criminal nature, shall be decided by the competent Consular authorities. The trial and also the punishment of all offences and crimes of which British subjects may be accused within the dominions of His Highness the Sultan, also the hearing and settlement of all civil questions, claims, or disputes in which they are the defendants is expressly reserved to the British Consular authorities and Courts, and removed from the jurisdiction of His Highness the Sultan. Should disputes arise between a subject of His Highness the Sultan, or other non- Christian Power not represented by Consuls at Zanzibar, and a subject of Her Britannic Majesty, in which the British subject is the plaintiff or the complainant, the matter shall be brought before and decided by the highest authority of the Sultan, or some person specially delegated by him for this purpose. The proceedings and final decision in such a case shall not, however, be considered legal unless notice has been given and an opportunity afforded for the British Consul or his substitute to attend at the hearing and final decision, ARTICLE XVII. Protection of Zanzibaris, &c. t in Service of British Subjects. Subjects of His Highness the Sultan or any non-Christian nation not represented by Consuls at Zanzibar, who are in the regular service of British subjects, within the dominions of His Highness the Sultan of Zanzibar, shall enjoy the same protection as British subjects themselves. Should they be charged with having committed a crime or serious offence punishable by law, they shall, on sufficient evidence being shown to justify further proceedings, be handed over by their British employers or by order of the British Consuls to the authorities, of His Highness the Sultan for trial and punishment. ARTICLE XVIII. Procedure in case of Bankruptcy of British Subjects, Should a subject of Her Majesty, residing in the dominions of His Highness the Sultan of Zanzibar, be adjudicated bankrupt, the British Consul shall take possession of, recover, and realize all available April 30, 1886.] ZANZIBAR. 1029 property and assets of such bankrupt, to be dealt with and distributed according to the provisions of British Bankruptcy Law. ARTICLE XIX. Recovery of Debts by British Subjects from Zanzibaris. Should a subject of His Highness the Sultan of Zanzibar resist -or evade payment of the just and rightful claims of a British subject, the authorities of His Highness the Sultan shall afford to the British creditor every aid and facility in recovering the amount due to him. In like manner the British Consul shall afford every aid and facility to subjects of His Highness the Sultan of Zanzibar in recovering debts justly due to them from a British subject. ARTICLE XX. Estates of Deceased British Subjects. Should a British subject die within the dominions of His Highness the Sultan of Zanzibar, or, dying elsewhere, leave property therein, movable or immovable, the British Consul shall be authorized to collect, realize, and take possession of the estate of the deceased, to be disposed of according to the provisions of British law. ARTICLE XXI. Inviolability of Dwellings, &c., of British Subjects. The houses, dwellings, warehouses, and other premises of British subjects or of persons actually in their regular service within the dominions of His Highness the Sultan of Zanzibar shall not be entered or searched, under any pretext by the officials of His Highness, with- out the consent of the occupier, unless with the cognizance and assistance of the British Consul or his substitute. ARTICLE XXII. British Residents in Zanzibar not to be exempt from Municipal and Sanitary Taxes. It is hereby agreed between the two High Contracting Parties that, in the event of an agreement being hereafter arrived at between His Highness the Sultan of Zanzibar and the various Powers with which His Highness shall be in Treaty relations, including Great Britain, which must be a consenting party, whereby the residents of a district or town shall, without distinction of nationality, be made subject to the payment of local taxes, for municipal and sanitary purposes, the same to be fixed and administered by or under the control of a special Board, nothing contained in this Treaty shall be understood so as to exempt British residents from the payment of such taxes. 1030 ZANZIBAR. [April 30, 1886. ARTICLE XXIII. Liberty of Conscience Freedom of Religious Worship. Subjects of the two High Contracting Parties shall, within the dominions of each other, enjoy freedom of conscience and religious toleration. The free and public exercise of all forms of religion, and the right to build edifices for religious worship, and to organize religious missions of all creeds, shall not be restricted or interfered with in any way whatsoever. Missionaries, scientists, and explorers, with their followers, property, and collections, shall likewise be under the especial protection of the High Contracting Parties. ARTICLE XXIV. Application of Treaty to British Colonies. The stipulations of the present Treaty shall be applicable to all the Colonies and foreign possessions of Her Britannic Majesty so far as the laws permit, excepting to those hereinafter named, that is to say, except to The Dominion of Canada. Queensland. Newfoundland. Tasmania. The Cape. South Australia. Natal. Western Australia. New South Wales. New Zealand. Victoria. Provided always, that the stipulations of the present Treaty shall be made applicable to any of the above-named Colonies or foreign possessions on whose behalf notice to that effect shall have been given by Her Britannic Majesty's Representative in Zanzibar to His Highness the Sultan within two years from the date of the exchange of the ratifications of the present Treaty. ARTICLE XXV. English Text of Treaty to be decisive in case of Disputes. The present Treaty has been executed in quadruplicate, two copies being written in English and two in Arabic. These are under- stood to be of similar import and signification ; in the event, however, of doubt hereafter arising as to the proper interpretation of the English or Arabic text of one or other of the Treaty stipulations, the English text shall be considered decisive. The Treaty shall come into operation on the first day of the next Zanzibar financial year, or if the ratifications have not been previously exchanged, within one month after the date when this may take place. April 80, 1896.1 ZANZIBAR. 1031 ARTICLE XXVI. Duration of Treaty. The present Treaty shall remain in force for a period of fifteen years, to reckon from the day of the exchange of ratifications. Revision of Treaty. It shall be competent for the High Contracting Parties thereafter to move for a revision of the present Treaty, in order to allow of such alterations, additions, or amendments as experience may have shown to be necessary or desirable ; but such a motion must be notified by the party claiming a revision one year previous to the expiration of the present Treaty, otherwise what is herein agreed upon shall be considered binding upon both parties for a further period of ten years. ARTICLE XXVII. Ratifications. The present Treaty shall be ratified, and the ratifications exchanged at Zanzibar as soon as possible. In faith whereof the respective Plenipotentiaries have signed this Treaty, and have affixed thereto their seals. Done in quadruplicate, in the English and Arabic languages, at Zanzibar, the 30th day of April, in the year of our Lord 1886, corre- sponding with the 25th day of Rejeb, of the year of the Hejira 1303. (L.S.) JOHN KIRK. (L.S.) (Signature in Arabic.) TAEIPF. Tariff of the special Duties referred to in the body of the Treaty, which His Highness the Sultan of Zanzibar shall be entitled to levy on such merchandize and produce as are herein named, brought to the ports in His Highness' dominions, whether from his own terri- tories or from districts on the African Continent which lie beyond. 1. Ivory 15 per cent, ad valorem. 2- Copal ... 15 3. India-rubber ... 15 4. Cloves, without distinction as to origin 30 5. Sems^m ... 12 6. Orchilla weed coming from the districts between Kismayu and Warsheikh, both ports included 5 From all other districts ... ... 10 7. Ebony ... 5 1032 ZAN ZI BAR. [April 80, 1886. 8. Borties (Zanzibar poles and rafters)... 10 per cent, ad valorem, 9. Hides 10 10. Ehinoceros horn and hippopotamus teeth 10 11. Tortoiseshell 10 12. Cowry shells 5 13. Native tobacco 25 14. Chillies 10 15. Ground nuts 12 16. Indian corn, Caffre corn, mawele, lentils, and all other similar grains Dol. c. and legumes 35 per gizla.* 17. Eice in husk 025 18. Chiroko 1 10 19. Camels 2 00 each. Horses 10 00 Cattle ... 1 00 Sheep and goats 25 Explanatory Note. It is fully understood by the High Contracting Parties that Produce of Zanzibar and of adjacent Territory not mentioned in Tariff to be free from Duty. 1. Merchandize and produce of all kinds, originating whether within the Sultanate of Zanzibar or from the territories to the west of His Highness' dependencies on the mainland of Africa, and which are not mentioned in this Tariff, shall be free of any duty. Goods from Foreign Ports included in Tariff to pay 5 per cent. ad valorem Duty. 2. That merchandize and produce included in the special Tariff, imported by sea from a foreign port into the dominions of His Highness the Sultan, shall be liable to pay the import duty of 5 per cent, ad valorem only, as is provided in this Treaty. Produce of Estates of British Subjects held previous to Treaty not to be affected. 3. That should Her Majesty's Government think fit, the produce of estates held by British subjects within the dominions of His High- ness the Sultan of Zanzibar previous to the conclusion of this Treaty shall be in no way affected by any of the provisions thereof ; but a list of such estates shall in such case be prepared and agreed to. (Signed). JOHN KIRK. (Signed). (Signature in Arabic.) * This shall be a measure containing 360 Ibs. weight of Caflre corn. June 20, 1858.] APPENDIX, 1053 APPENDIX. CHINA. TARIFF ON EXPORTS.' Articles. Quantities. Duty. T. M. <3. C. Alum Per 100 catties... 0045 green, or copperas ,, 0100 Aniseed, star ,, . . . 0500 ,, broken > .. . 0250 ,, oil , , . . . 5000 Apricot seeds, or almonds ... 0450 Arsenic ,, .. . 0450 Artif i cial flowers , , ... 1500 Bamboo ware , , ... 0750 Bangles or glass armlets , , ... 0500 Beans and peas (except from New- chwang and Tang-chow) ... ,, . .. 0060 Bean-cake (except from New-chwang and Tang-chow) ... , , .. . 0035 Bone and horn ware , , ... 1500 Brass buttons ,, ... 3000 foil ... , , . . . 1500 ,, ware ,, ... 1000 ,, wire... ,, ... 1150 Camphor ... 0750 Canes Per 1,000 '.'.'. 0500 Cantharides Per 100 catties... 2000 Capoor cutcherry ... , , ... 0300 Carpets and druggets Per 100 3500 Cassia lignea Per 100 catties... 0600 ,, buds ,, ... 0800 ,, twigs ,, ... 0150 ,, oil ... , , ... 9000 Castor oil ... ,, ... 0200 Chestnuts ... , ... ' 0100 China root... ,, ... 0130 Chinaware, fine ,, ... 0900 ,, coarse ... > 0450 Cinnabar ... ,, ... 0750 Clothing, cotton ,, ... 1500 silk i, ... 10 Coal ,, 0040 Coir ,, ... 0100 Copper ore ,, 0500 ,, sheathing, old , ... 0500 Copper and pewter ware , ... 1150 Corals, false 0350 Cotton, raw , ... 0350 ,, rags , ... 0045 Cow bezoar Por catty 0360 * This Tariff, annexed to the Agreement of November 8, 1858 (see p. 74), has not yet been revised as contemplated by Article VIII, 7, of the Treats of September 5. 1902 (see p. 177). 1034 APPENDIX. [June 26, 1858. Articles. Quantities. Duty. T. M. C. C. Crackers, fireworks... Per 100 catties... 0500 Cubebs ,, 1500 Curiosities, antiques 5 per cent, ad vol. Dates, black Per 100 catties... 0150 ,, red. ,, 0090 Dye, green Per cabty 0800 Eggs, preserved Per 1,000 0350 Pans, feather Per 100 0750 ,, paper ,, 0045 ,, palm-leaf, trimmed Per 1,000 0360 ,, ,, untrimmed... ,, 0200 Felt cuttings Per 100 catties... 0100 caps ... Per 100 1250 Fungus or agaric ... Per 100 catties... 0600 Galangal ... ,, 0100 Garlic 0035 Ginseng, native 5 per cent, ad vol. Corean or Japan, 1st quality Per catty 0500 > >t 2nd ,, , , ... 0350 Glass beads Per 100 catties... 0500 ,, or vitrified ware 0500 Grass cloth, fine ,, ... 2500 ,, coarse... .. . 0750 Ground-nuts ,, . . . 0100 ,, cake ... it 0030 Gypsum, ground, or plaster of Paris . . . ,, . . . 0030 Hair, camels' ,, ... 1000 ,, goats' ,, . .. 0180 Hams , j ... 0550 Hartall or orpiment >> 0350 Hemp 0350 Honey ,, ... 0900 Horns, deer's, young Per pair 0900 ,, old ... Per 100 catties... 1350 Indian ink... ,, 4000 Indigo, dry ,, ... 1000 Ivory ware... Per catty 0150 Joss-sticks... Per 100 catties... 0200 Kittysols or paper umbrellas Per 100 0500 Lacq uered ware Per 100 catties... 1000 Lamp-wicks , , ... 0600 Lead , red (minium) ... ,, ... 0350 white (ceruse) ... >, ... 0350 yellow (massicot) , , ... 0350 Leather articles, as pouches, purses ... 1500 green ,, ... 1800 Liches ,, ... 0200 Lily flowers, dried ... ,, ... 0270 ,, seeds or lotus nuts , ... 0500 Liquorice ... , ... 0135 Lung-ngan... , ... 0250 ,, without the stone , ... 0350 Manure cakes or poudrette ... 0090 Marble slabs , ... 0200 Mats of all kinds Per 100 0200 Matting Per roll of 40 yds. 0200 Melon seeds Per 100 catties... 0100 Motlier-o'-pearl ware Per catty 0100 June 26, 1858. J APPENDIX. 1035 Articles. Quantities. Duty. T. M. C. C. Mushrooms Per 100 catties... 1500 Musk Per catty 0900 Nankeen and native cotton cloths Per 100 catties... 1500 Nutgalls ... , , ... 0500 Oil, as bean, tea, wood, cotton, and hemp-seed ,, ... 0300 Oiled paper , , . . . 0450 Olive seed... ,, 0300 Oyster shell, sea-shells ,, ... 0090 Paint (green) ,, .. . 0450 Palampore or cotton bed-quilts Per 100 2750 Paper, 1st quality ... Per 100 catties... 0700 2nd 99 * * * 0400 Pearls, false 2000 Peel, orange ,, 0300 Peel, Pumelo, 1st quality ,, .. 0450 ,, 2nd ,, 99 ' 0150 Peppermint leaf 99 " ' 0100 oil , , ... 3500 Pictures and paintings Each'... 0100 ,, on pith or rice paper Per 100 0100 Pottery, earthenware Per 100 catties.., 0050 Preserves, comfits, and sweetmeats ... 99 0500 Rattans, split ... ... 99 0250 Rattan-ware 19 0300 Rhubarb ... 99 1250 Rice or paddy, wheat, millet, and other grains 99 0100 Rags, of hair or skin Each ... 0090 Samshoo Per 100 catties... 0150 Sandal wood ware Per catty 0100 Seaweed ... Per 100 catties... 0150 Seaamum seed 99 0135 Shoes and boots, leather or satin Per 100 pairs ... 3000 straw 99 0180 S ilk , raw and thrown Per 100 catties... 10 yellow, from Szechuan... 99 7000 reeled, from dupions ... 99 5000 wild raw 99 2500 refuse 99 ' 1000 cocoons 99 3000 floss, Canton ... 99 4300 , ,, from other provinces 99 10 , ribbons and thread 99 '" 10 , piece-goods : pongees, shawls, scarfs, crape, satin, gauze, velvet, and embroidered goods 99 12 piece-goods : Szechuan and Shan- tung 99 "' 4500 tassels 99 10 caps ... Per 100 0900 and cotton mixtures Per 100 catties... 5500 Silver and gold ware , , ... 10 Snuff 0800 Soy ,, 0400 Straw braid 9 , ... 0700 Sugar, brown 99 ' ' 0120. ,, white ,, ... 0200 candy 99 " 0250 1036 APPENDIX. [June 26. 1858, Articles. Quantities. Duty. T. M. C. C. Tallow, animal Per 100 catties... 0200 ,, vegetable ... , 0300 Tea 2500 Tinfoil 1250 Tobacco, prepared ... , 0450 ,, leaf ... 0150 Tortoiseshell ware ... Per catty 0200 Trunks, leather Per 100 catties... 1500 Turmeric ... 0100 Twine, hemp, Canton , . . . 0150 Twine, hemp, Soo-chow 0500 Turnips, salted ... 0180 Varnish, or crude lacquer ... ... 0500 Vermicelli... ... 0180 Vermilion ... 9 * * * 2500 Wax, white or insect 1500 Wood, piles, .poles, and joists Each .. 0030 ,, ware Per 100 catties... 1150 Wool 0350 (L.S.) ELGIN AND KINCARDINE. Signatures and Seal of the Five Chinese High Commissioners and Plenipotentiaries. INDEX. Abyssinia. See ETHIOPIA. A. No. Page Accounts, &c. Non-interference with. Spain.. Treaty May 23, 1667. Art. XXXI 153 803 Ad Valorem Duties. See DUTIES. Afghanistan. Differences with Persia. British good offices. Persia Treaty Mar. 4,1857. Art. VI 131 654 Non-interference of Persia in Affairs of. Persia Treaty Mar. 4,1857. Art. VI 131 654 Persian Claims to Sovereignty. Persia Treaty Mar. 4,1857. Art. VI 131 654 ^Recognition of Independence. Persia Treaty Mar. 4,1857. Art. VI 131 654 Violation of Persian Territory by. Persia.... Treaty Mar. 4,1857. Art. VII 131 654 Withdrawal of Persian Troops. Persia Treaty Mar. 4,1857. Art. V 131 653 Africa. Duties on Wares from. Spain Treaty Dec. 9,1713. Art. X 156 837 Do. Spheres of Influence. Duties. Germany Exchange of Notes May-Junel885 83 4 ^^ No Differential Treatment. {449 452 Protection of Persons and Property. f 449- Germany Exchange of Notes May-Junel885 83 j 452 Tariffs. Alteration of. r AAQ Germany Exchange of Notes May-Junel885 83 4 ^^ [536] 3 Y 1038 INDEX. Agents. Employment of. Argentine Treaty Feb. 2, 1825. Bolivia... Sept. 29, 1840. China Convention April 27, 1906. Colombia Treaty Feb. 16,1866. Costa Rica Nov. 27, 1849. Greece 10, 1886. Italy June 15, 1883. Morocco Dec. 9, 1856. Convention 9, 1856. Muscat Treaty Mar. 19, 1891. Nicaragua July 28, 1905. Peru April 10, 1850. Russia Jan. 12, 1859. Salvador Oct. 24,1862. Switzerland... Sept. 6,1855. Venezuela April 28, 1825. Zanzibar April 30, 1886. "Alabama" Claims. Arbitration. See ABBITBATION. "Alcayalos and Clentos " Rights. Spain Treaty Dec. 9,1713. Art. Y No. Page Art VIII 2 13 VIII 19 50 Annex, Art. V.. 40 195 Art. XIV 41 204 VIII 45 242 XII 88 464 XIII 98 501 , v 113 558 IV 114 573 iv 116 585 , XIII 12 1 ? 634 VII 133 693 ,, XI 140 724 1 14.% 740 I 199 916 VIII 2OO 1012 IV 2O2 1021 Aleppo. Duty on Silk at. Turkey Capitulations Trade with. Turkey Capitulations Alexandria. Duties at. Turkey Capitulations... Duty on Goods transported to Aleppo. Turkey Capitulations ,,.- /Arts. XLIV1 1675 ' 1 andXLVIIIJ 1675. Art. XXXIV.... 1675. Art. LXII 1675. Art. LXIIL... 156 183 834 842 939 Alliance. Denmark Treaty Feb. 13, 166f. Art. I Spain July 5,1814. Arts. I and II .. Sweden April 11, 1654. Art. I Fb. 5,1766. I Ambassador. See DIPLOMATIC REPBESENTATIVE. Amboyna. Application of Treaties to. Netherlands.. Treaty Mar. 17, 1824. Art. VII 941 183 936 183 948 183 948 49 253 164 872 1*0 880 173 902 America. British Possessions. Retention of. Spain Treaty July -&, 1670. Art. VII... 118 598 154 822 INDEX. 1039 America continued. No. Page Commerce in. Spain .,.. Treaty Nov. 9, 1729. Art. IV 158 858 ... July 5, 1814. IV 164 872 Sweden 17, 1656; IX Ill 892 Rights in seas, &c., of. Spain Treaty July ,&, 1670. Art. XV 154 825 Settlements. Access to. Spain Convention Oct. 28,1790. Art. V 163 870 0o., Central. See CENTRAL AMERICA, Do., Nor tli. British Buildings. Restoration of. Spain Convention Oct. 28, 1790. Art. 1 163 869 Trade with British Colonies in. United States Treaty July 8,1815. Art. II 18? 961 Do., South. Settlements on adjacent Islands. Spain Convention . Oct. 28, 1790. Art. VI 163 870 Amnesty for acts during War. China Treaty Aug. 29, 1842. Art. IX 22 66 Persia Mar. 4,1857. IV 131 653 Ainoy open to British Trade. China Treaty Aug. 29, 1842. Art. II 22 64 Anchorage Dues. See also MOROCCO. Morocco Convention Dec. 9,1856. Arts. X and XII 114 j ^ Turkey Capitulations 1675. Art. LXX 183 950 Angora. Duty on certain Articles purchased for Exportation. Turkey Capitulations 1675. Art. LXXII 183 951 Anholt Island. Eestoration to Denmark. Denmark Treaty Jan. 14,1814. Art. IV 51 287 Animal Food. Excise or Duty on. Turkey Capitulations 1675. Art. XXXII. .... 183 $35 Apology. For action of Taku Garrison. :-..- China Convention Oct. 24, 1860. Art. I 28 98 For insulting letter to British Minister. Persia Treaty Mar. 4,1857. Art. X 131 ,655 Appeals from Chiengmai Courts. See CHIENGMAI. [536] 3 Y 2 1040 INDEX. Arbitration. "Alabama" Claims. United States Treaty May 8, 1871. [ Canada-United States Boundary. United States Treaty May 8,1871. j^' Interpretation of Treaties. Greece Treaty Nov. 10,1886. Honduras Jan. 21,1887. Italy June 15, 1883. Mexico Nov. 27, 1888. United States Convention Oct. 20,1818. Uruguay Treaty Nov. 13,1885. No. Page and VII to] a} { 970 975 A tfS ! tY } 190 { 981 984 Protocol 88 468 Art. XV 95 490 Protocol .... 98 505 Art. XV Ill 552 , V . 188 966 XV.... 198 100S Archives. Consular. See CONSULATES. Armed Bands. Entry of. Abyssinia Treaty May 14,1897. Art, I Arms, &c. Export to Rebels. General Trade in. Siam Sweden Transit of. Abyssinia.... Spain Morocco. General Act... Treaty April 7, 1906. June 20 1826. f Arts XIII to! 1 XXX J Annex, Art. I.... 8 .{ 141 414- 418 753 April 11, 1654. Art. IX 17O 883 Treaty May 14 1897 Arts V and VI. 1 3 erchants in Ports. Treaty July 12 1670. Art. XXVIL. 5O 273 Mav 23. 1667. XVIII .., 153 799 Arrests of British Subjects. Assistance to Consuls. Morocco Treaty Dec. 9,1856. Art. XI ... Art. Facilities for Study of. Corea Treaty Nov. 26, 1883. Asylum at Consulates. See CONSULATES. Art. IX, 2.. 113 44 560 224 Australia (Commonwealth). Accession to Industrial Property Convention. See INDUSTRIAL PROPERTY. Application of Treaties to. United States Convention Mar, 2,1899, Art, IV 193 j 988 990 INDEX. 1041 B. Bahamas. Application of Treaties to. No. Page United States Convention Mar. 2,1899. Art. IV 193 j Uruguay Treaty Nor. 13,1885. XIV Ban da. Application of Treaties to. Netherlands... Treaty Mar. 17,1824. Art. VII 118 598 Bangkok. Acquisition of Property within 24 hours' journey from. Siam Treaty April 18, 1855. Art. IV 148 757 Building of Houses within 4 miles of. Siam Treaty April 18, 1855. Art. IV 148 757 Formalities on arrival of British Vessel. Siam Treaty April 18, 1855. " Eegulation III.. 148 762 Permanent Residence at. Siam Treaty April 18, 1855. Art. IV 148 757 Bank. State. In Morocco. See MOBOCCO. Bankruptcy. British Subjects. Muscat Treaty Mar. 19, 1891. Art. XV 116 590 Zanzibar April 30, 1886. XVIII 2O2 1028 Barbados. Application of Treaties to. United States Convention ............. Mar. 2,1899. Art. IV .............. 193 { Uruguay ........ Treaty .................... Nov. 13, 1885. XIV ............ 198 j 990 1005 1008 Basutoland. Application of Treaties to. United States Convention ............. Mar. 2,1899. Art. IV ............... 193 { Battam Island. Non-interference with. Netherlands.. Treaty .................... Mar. 17, 1824. Art. XII ............. 118 599 Beacons. Erection of. China ............. Treaty,,,, ............... June 26, 1858', Art. XXXII ..... 26 85 Beclmanaland. Application of Treaties to. f QRR United Stales Convention ........... Mar. 2,189$, Art. IV .............. 193 j jjJJ Beer. Duty on. Siam ............... Agreement ............ April 6,1883, Art. I ................ ISO 777 Licences for Retailing. Siam ............... Agreement ............ April 6, 188 Art. IV ............ 149 778 1042 -INDEX. Begutoazar. Duty on certain Articles purchased for Exportation. No. Page Turkey .......... Capitulations ........ 1675. Art. LXXII ...... 183 951 Jteli/c Kiver. Navigation. Spain .............. Treaty .................... Sept. 3,1783. Art. VI ............. 161 859 Berats. Grant of. Turkey ........... Treaty.. .................. Jan. 5,1809. Art. IX .............. 18"6 957 Bermuda. Application of Treaties to. r QSS United States Convention ............. Mar. 2,1899. Art. IV .............. 19| ^ Billlton Island. Occupation by Netherlands. Netherlands... Treaty .................... Mar. 17, 1824. Art. XI ............. 118 599 Bin tans? Island. Non-interference with. Netherlands... Treaty .................... Mar. 17, 1824. Art. XII ............ 118 599 Black Sea. Navigation. Most-favoured-nation Treatment. Turkey .......... Act ............. : ........... Oct. 30,1799 ............................. 184 952 .......... Note ....................... July 23, 1802 ........................ ..... 185 953 Boats. Cargo. See CABGO BOATS. Hiring of by British Subjects. China .............. Treaty .................... June 26, 1858. Art. XIV ...: ...... 26 79 JSative. Use of. China .............. Agreement ............ Sept. 13, 1876. Sect. Ill, 1 ..... 29 106 Bond. G-oods in. China ............. Treaty .................... Sept. 5,1902. Art. VI ............. 39 174 Netherlands... .................... Oct. 27,1837. V ................ 119 609 Borneo. Consular Jurisdiction. Borneo ........... Treaty .................... May 27, 1847. Add. Art ........... 2O 61 Bosphorus. Passage of War-vessels. Turkey ........... Treaty .................... Jan. 5, 1809. Art. XI ............. 186 957 Boundaries. Bangkok. Four-mile circuit from. Siam ............... Agreement ............ May 13,1856. Art. X ................ 149 770 Do. Twenty-four hours' journey circuit from. Siam ........ .' ...... Agreement ............ May 13,1856. Art. XI ............... 149 771 British and Siamese Possessions. Siam .............. Treaty .................... June 20, 1826. Art. Ill .............. 147 749 Burmah-China. China .............. Convention ............ July 24, 1886. Art. Ill .............. 31 115 1)189 4. Feb. .4,1897 Boundaries continued. Canada-United States. United States Convention INDEX. . Oct. 20, 1818. Art II 1043 No. Page 188 965 190 / 981 ~ ltt t 984 40 194 1 2 19 55 121 631 140 722 145 739 2 12 19 48 41 -f 201 :1 1 202 53 295 59 J 316 59 \ 319 88 461 98 498 100 512 120 613 121 631 140 722 145 1 ^ 116 909 ttl 339 12 349 12 349 Cation. 2 11 45 242 12 349 12 349 f Arts. XX XIV 1 1 to XLII J Annex. Art. I. Art. II Sikkim-Thibet. China. Convention April 27, 1906. Mav 14. 1897. Somaliland. Abyssinia .. Treaty Bounties Most-favoured-nation Treatment. Bolivia... . Treaty - Sent. 29. 1840. Add. Art. II Art. V -.... Nicaragua Russia ,, . July 28, 1905. . Jan. 12, 1859. . Oct. 24, 1862. . Feb. 2, 1825. TV > -"- " , VI.. Salvador Do. National Treatment. Argentine... . Treaty Art. VI Bolivia Sept. 29 1840. , VI . Colombia ,, .. Feb. 16, 1866. Arts. V and VI. Art. IV /Art. Ill and! I Add. Art. II / Arts. IV and V.. IV and V.. Art VII Denmark Convention France . .... .. June 16, 1824. .. Jan. 26, 1826. .. Nov. 10, 1886. . June 15, 1883. Greece Treaty Italy .. Japan Netherlands.. ,, .. July 16, 1894. Mar. 27, 1851. I Y Nicaragua Russia . .. July 28, 1905. Jan. 12, 1859. V Arts. IV and VI. Art. IV Salvador ,, . Oct. 24, 1862. Sweden.. Convention Mar. 18, 1826. On Sugar. See SUGAR BOUNTIES. Brandy. Duty on. France Agreement .. June 27 1901. Art. I British Cciitrai Africa. French Produce. Most-favoured-n France Convention ation Treatment, ... Feb. 23, 1903, Treatment. ... Feb. 23, 1903, ipc. Freedom of C Pfth 2 1R95 Art II , Produce of. Most-favoured-nation France Convention Art. 1 ommerce and Navij Art III British Dominions out of Euro Argentine . Treaty Costa Rica Nov. 27, 1849. British East Africa. French Produce. Most-favoured-nation Treatment. France Convention Feb. 23,1903, Produce of. Most-favoured-nation Treatment. France Convention..., Feb. 23,1903, ni Art II Art. I... 1044 INDEX. tritish Guiana. Application of Treaties to. United States Convention Mar. 2,1899. Art. IV British Honduras. Application of Treaties to. Honduras , Treaty Jan. 21,1887. Eoumania Oct. 31, 1905. No. Page 193 -f 988 193 i 990 United States Convention ?.. Mar. 2, 1899. Art. XVII .... IV... 95 494 712 719 988 990 139 193 British New Guinea. Application of Treaties to. United States Convention.... Mar. 2, 1899. Art. IV ... 193 988 990 Brokerage Most-favoured-nation Treatment. France Convention Feb. 28,1882. Art. I Honduras Treaty Jan. 21,1887. II Mexico Nov. 27, 1888. III... Paraguay Oct. 16,1884. III... Uruguay Nov. 13, 1885. ,,II 61 323 95 484 111 545 129 643 198 1000 Bullion. Free Importation. Siam Treaty April 18, 1855. Art. VIII Bueys. Distribution of. China Treaty. June 26, 1858. Art. XXXII 148 26 760 85 Burial Grounds. See CEMETEBIES. Burials. Freedom of. Argentine Treaty Feb. 2,1825, Bolivia Sept. 29, 1840. Colombia Feb. 16, 1866. Costa Rica .... Nov. 27, 1849. Honduras Jan. 21,1887. Japan July 16, 1894. Morocco Dec. 9, 1856. Peru April 10, 1850. Salvador Oct. 24, 1862. Uruguay Nov. 13, 1885. Venezuela April 18, 1825. XII Art. XII 2 14 n XIII 19 52 M XV 41 204 f) XIII 45 245 }> VII 95 486 I. . 1OO 509 '! V .. 113 558 M XIII 133 696 II XVIII 145 743 .. VII 198 1003 XII 2OO 1013 Bui mali and China. Boundary. See BOUNDAEY. Frontier Trade. China Convention July 24, 1886, Art. Ill fArts. VIII, I Convention Mar. 1,1894.^ IX, XI, XII, V I and XVIII J Agreement Feb. 4,1897. Art. IX Telegraph Communication. See TELEGEAPH. Bur m ah. Appointment of Chinese Consuls in. China..., Convention Mar, 1,1894. Art, XIII .,..., 115 31 33 34 134 125- 127 33 127 INDEX. 1045 Bnrmah continued. No. Page British Eule in. China Convention July 24, 1886. Art. II 31 115 Decennial Missions to China. China Convention July 24, 1886. Art". 1 31 115 Export Duties. China Convention Mar. 1,1894. Art. YIII 33 125 Import Duties. China Convention Mar. 1,1894. Art. VIII 33 125 Prohibited Imports and Exports. China Convention Mar. 1,1894. Art. XI 33 127 Trade with Yiinnan. See YUNNAN. Business Transactions. See TBANSACTION OF BUSINESS. c. Caffa. Vessels driven by stress of Weather to. Turkey Capitulations 1675. Art. XXXVIII. 183 937 Calantan. British Trade with. Siam Treaty June 20, 1826. Art. XII 141 751 Canada. Application of Treaties to. Ecuador Convention Aug. 26, 1892. ' Art. II SI j 3 g^ Guatemala.... July 20, 1898. ,, II 94 { ^ Japan Jan. 31, 1906. I 1O* 535 Muscat Treaty Mar. 19, 1891. XXI 116 { ^ Roumania Convention May 4,1892. II 131 { 703 Commercial Privileges in. Most-favoured-nation Treatment. France Agreement Eeb. 6, 1893. Art. II 03 332 Duties on Wines. France Agreement Feb. 6,1893. Art. I and IV.... 63 j jjjjj Minimum Tariff on Goods from. France Agreement Feb. 6, 1893. Art. Ill 63 332 United States' Boundary. See BOUNDABY. Canal Interoccanic. Construction. United States Treaty Not. 18, 1901. Art. II 104 991 1046 INDEX. Canal Interooeanic continued. No. Page Navigation. Rules. United States Treaty Nov. 18, 1901. Art. Ill 194 991 Neutralization. United States Treaty. Nor. 18, 1901. Arts. Ill and IV 194 993 Open to War- and Merchant-vessels of all Nations. United States Treaty Nov. 18, 1901. Art. Ill 194 991 Canals. Canadian and United States. Navigation of. United States Treaty May 8,1871. Art. XXVII .... 189 979 Canary Islands. Import Duties. Spain Treaty Dec. 9,1713. Art, XII 156 838 Canton. Admission of Foreigners. China Convention April 4,1846. Art. 1 24 70 Agreement 6, 1847. 1 25 72 Indemnity for Losses of British Subjects. See INDEMNITY. Open to Trade. China Treaty Aug. 29, 1842. Art. II 22 64 Protection of Foreigners in neighbourhood of. China Convention April 4,1846. Art. II 24 70 Canton River. Navigation. China Agreement April 6, 1847. 7 25 73 Treaty Sept. 5,1902. Art. V 39 178 Cape of Good Hope. Application of Treaties to. Ecuador Convention Aug. 26, 1892. Art. II &1 j Guatemala .... July 20, 1898. II 94J ^ Paraguay Treaty Oct. 16,1884. XV 129 j ^ Roumania Convention May 4,1892. II 13! j ^3 United States Mar. 2,1899. IV 193J Coasting Trade. Austria. Hun- Treaty April 30, 1868. Art. II 4 21 gary Vessels touching at for Refreshments. United States Treaty July 8,1815. Art. Ill 181 962 Captures at Sea. 1 ~f 276 Denmark ........ Treaty .................... July 12, 1670. { j BO 877 Cargo -Boats. Duty on. Siam ............. Treaty .................... June 30, 1826. Annex, Art. IV 141 754 Cargoes. Discriminating Duties. Salvador Treaty. INDEX. Oct. 24,1862. Art. VIII Landing and Shipping of. 1047 No. Page 145 739 44 226 Most-favoured-nation Treatment. Austria -Hun- Treaty April 30, 1868. Art. I.... 4 21 gary Bolivia Treaty Sept. 29, 1840. Add. Art. II 19 55 Honduras Jan. 21, 1887. Art. Ill 95 485 Japan }) July 16, 1894. HI 1OO 510 Mexico Nov. 27, 1888. IV 111 546 Norway Declaration July 16, 1824. 128 639 Uruguay Treaty Nov. 13, 1885. Art. Ill 198 1000 National Treatment. Austria -Hun- Treaty April 30, 1868. Art. I 4 21 gary France Convention Feb. 28, 1882. VII 61 325 Honduras Treaty Jan. 21, 1887. HI 95 485 Japan }} July 16, 1894. HI 1OO 510 Liberia J} Nor. 21, 1848. HI 108 538 Norway Declaration July 16, 1824. 128 639 Paraguay Treaty Oct. 16, 1884. Art. IV 129 643 Salvador 24, 1862. VIII 145 739 Uruguay .. Nov. 13, 1885. HI 198 1000 Portions landed only liable to Duty. Morocco Treaty Dec. 9, 1856. Art. XXIX ... 113 566 Carimon Islands. Non-interference with. Netherlands... Treaty Mar. 17, 1824. Art. XII 118 599 Carriage. See TRANSPORT. Cattle. Exportation from Morocco. General Q-eneral Act April 7,1906. Art. LXVIII .... O 428 Cayo Casina. See ST. G-EORO-E'S KEY. Ceded Territory. Non-Molestation of Inhabitants; Denmark Additional Articles April 7,1814. Art. II Period allowed for Disposal of Property in. Denmark Additional Articles April 7, 1814. Art. II Netherlands.. Treaty Mar. 17, 1824. XIV Cedulas. Privileges to British Merchants under. 52 118 T292 L293 292 600 153 Dec. 14,1715. Art. V 795 811- L 820 157 845 1048 INDEX. Cemeteries for British Subjects. No. Page China Treaty June 26, 1858. | Ar -^ > II XI and | 26 78 Corea Nov. 26, 1883. Art. IV, 5 44 219 Spain May 23, 1667. XXXV 153 805 Central America. British Settlement in. Spain Treaty Feb. 10,1763. Art. XVII 16O 857 Sept. 3,1783. VI 161 859 [Arts. II to IV, "I r 8R o Convention July 14, 1786. \ VII,X,and^ - ' XIII 162 ^ 866 Ceremonial between Diplomatic Representatives and Sovereign. China Treaty June 26, 1858. Art. Ill 26 75 Persia Mar. 4, 1857. Note 131 658 Certificates. Of Commercial Travellers. Koumania.. .. Treaty Oct. 31,1905. Declaration 139 719 Of Drawbacks. See DRAWBACK CERTIFICATES. Of Origin. Consular Fees on. France Exchange of Notes Somber 1899 66 337 Convention April 16, 1902. Art, III 68 342 Aug. 8, 1902. III 69 343 Feb. 19, 1903. III *JO 345 19, 1903. III 11 347 23, 1903. III 92 349 Special. Exempting from Tonnage Dues. See TONNAGE DUES. Transit Duty. China Agreement Sept. 13, 1876. Sect. Ill, 4..... 29 107 Additional Article July 18,1885. 3 3O 111 Cession Of Gibraltar to Great Britain. See GIBRALTAR. Hong Kong to Great Britain. See HONG KONG. Kiang Hung to China. See KIANG HUNG. Kowloon to Great Britain. See KOWLOON. Labuan and adjacent Islands to Great Britain. See LABUAN. Malacca to Great Britain. See MALACCA. Munglem to China. See MUNGLEM. Netherland Possessions in India to Great Britain. See INDIA. Norway to Sweden. See INDEMNITY. Sumatra to Netherlands. See SUMATRA. Cession of Territory. Obligations to other Powers. Congo Convention Dec. 16,1884. Art. X 4* 212 INDEX. 1049 Ceylon. No. Page Accession to Industrial Property Convention. See INDUSTRIAL PEOPEBTY. Application of Treaties to. Belgium ........ Exchange of Notes Jan. 5,1899 ............................. 15 39 Eoumania ...... Treaty .................... Oct. 31,1905. Art. XVII ........ 139 { ^ United States Convention ............ Mar. 2, 1899. IV.. ............ ID3-J ^ Uruguay ........ Treaty... ............... Nov. 13,1885. XIV .......... 198 j Coasting Trade. Austria-Hun- Treaty .................... April 30, 1868. Art. II .............. 4 21 Duties on Vinegar and Copperas. France ............ Convention ............ Feb. 19,1903. Art. II ................ >J1 347 French. Products. Most -favoured-nation Treatment. France ............ Convention ............ Feb. 19,1903. Art. II ................ 1050 INDEX. Chlengmal continued. No. Page Jurisdiction of Siamese Judge. Siam .............. Treaty .................... Sept. 3,1883. Art. XII..., ...... .. 151 785 Prevention of Murder, Dacoity, &c., in. Siam .............. -Treaty .................... Sept 3, 1883. Art. V ................ 151 782 Trade with. Siam .............. Treaty .................... Sept. 3,1883. Art. II ................ 151 781 China. Bunnah Boundary. See BOUNDARY. Burmese Missions to. See BURMAH, Protection of Trade-marks. See TRADE-HARKS. Chiiiliai. Evacuation of by British Troops. China ............. Treaty .............. ...... April 29, 1842. Art. XII ...... ...... 22 67 Cliinkiang open to Trade. China ............. Treaty.. ......... ......... June 26, 1858. Art. X ................ 26 78 C liiimlii Valley. British Occupation of. [Annex, Art. j , iqfi China ............. Convention ............ April 27, 1906. < VII, and V 4O^ tos [ Declaration] Ch pa ... Citizens. See SUBJECTS. INDEX. Claims. " Alabama." See ARBITBATION. Land. See LAND. Reference to Mixed Commission. 1051 No. Page Persia Treaty Mar. 4, 1857. May 8, 1871. April 7, 1814. es. May 23, 1667. April 30, 1868. April 8, 1904. April 7, 1906. April 8, 1904. Dec. 16, 1884. July 16, 1894. 28, 1905. Oct. 31, 1905. April 30, 1868. Nov. 10, 1886. Oct. 24, 1862. Sept. 29, 1840. Feb. 16, 1866. Nov. 27, 1849. Oct. 29, 1889. Art. XI [Arts. XII to\ I XVII J Art. Ill . . United States Reference to Tribunals. Denmark Additional Articles Cloth. Importation of to Low Countri Spain Treaty Art. XX Coasting Trade. British Colonial. Austria Treaty British Rights in Morocco. France Declaration General General Act French Rights in Egypt. France . . Declaration Art. II Art. II LXIX Art. Ill . Most-favoured-nation Treatment. Congo .... Convention Art. II XI.. Japan Treaty Nicaragua.. I Roumania National Treatment. Austria-Hun- Treaty. . Art. II gary Greece " HI ... II IX Salvador Reserved. Bolivia Treaty Colombia ,, Costa Rica Egypt Convention II V France Feb. 28, 1882. July 15, 1883. April 10, 1850. Jan. 12, 1859. July 3, 1815. Nov. 13, 1885. f , 1904. Sept. 5, 1902. , IX. Italy Treaty VIII II Peru .. Russia , ... VIII III United States Convention Uruguay Treaty , III.. Codfish. Newfoundland. Duty on. Greece Declaration Coinage. China... , Treaty.... 3.... Art. II.... 84 52 153 453 656 976- 978 800 21 13 351 80 429 73 351 42 210 1OO 513 12? 630 139 710 4 21 88 462 145 737 19 47 41 202 45 241 58 306 61. 98 326 499 133 692 14O 723 181 962 198 1001 93 39 477 172 1052 INDEX. Colonial Goods. Most-faroured-nation Treatment. No. Page Greece Declaration Nov. -|f, 1904 5 93 477 Boumania Treaty Oct. 31, 1905. Art XVII 139 713 Colonial Ports. Admission of Consuls, See CONSULS. Colonies. Bounties. National Treatment. British. Application of Treaties to. Argentine Treaty Feb. 2, 1825. Sept. 29, 1840. Nov. 26, 1883. 27, 1849. Mar. 5, 1898. June 16,1824. Aug. 26, 1892. Oct. 29, 1829. 23, 1889. Nov. 10, 1886. |$, 1904. July 20, 1898. Jan. 21,1887. Feb. 3, 1900. June 15, 1883. July 16, 1894. Nov. 27, 1888. Dec. 9, 1856. Mar. 19, 1891. July 28, 1905. Oct. 16, 1884. July 19, 1890. May 4, 1892. March 20 ^893 Art. Ill ni Protocol, 3 Art. III.. . . 2 19 44 45 46 53 57 58 62 88 93 94 95 96 98 100 111 113 116 127 129 130 138 139 146 176 { 193 198 199 202 59 59 59 11 47 239 242 248 296 302 312 329 466 477 481 489 492 503 518 551 563 591 636 647 650 702 705 712 746 909 910 988 1005 1007 1030 319 319 318 Bolivia Corea Costa Rica . ,, Convention II Denmark . J> -*- II Ecuador * ,, Estvpt . XV VI XVII..., France Declaration Greece Treaty Declaration Guatemala .... Convention Honduras Treaty 5 Art, II XIV 1 and 2 Protocol Italy Treaty Ait. XIX 5J XIX Japan Mexico XIV . Morocco ,, XIX... Muscat ,, Nicaragua ,, XXI . XX. . Paraguay XV Agreement Roumania Convention Art. II VI . Treaty April 1 ' l Oct. 31, 1905. June 23, 1886. Mar. 18, 1826. 2, 1899. Nov. 13, 1885. July 15, 1899. April 30, 1886. Jan. 26, 1826. National Treat Jan. 26, 1826. Jan. 26, 1826. XVII 2 Salvador Agreement Sweden and| c ^ /Arts. VI andl 1 VII / Art. IV XIV Norway J United States Uruguay Treaty * ,, Convention Zanzibar Treaty Art, XXIV Add. Art, II ment. Add. Art, 11 Add. Art. I .. Drawbacks. National Treatment. France . Convention Exports in Vessels of either Country. France Convention Imports in Vessels of either Country. France Convention.... 1053 Colonies continued. No. Page Power to withdraw from or terminate Treaties. Greece ........... Declaration ............ Nov. $, 1904. 4 ...................... 93 477 Honduras ....... Protocol... ............. Feb. 3,1900. 3 ...................... 96 493 Koumania ..... Treaty .................... Oct. 31, 1905. Art. XVIII ...... 139 713 United States Convention ............ Mar. 2,1899. VI .............. 193 989 Uruguay ........ ............ July 15, 1899 ............................. 199~ 1007 Communication of Consuls with Grovernors. See CONSULS, Commerce. See also TRADE. Freedom of. Abyssinia ...... Treaty ................. ... May 14,1897. Art..!..,. ......... ... I 2 Argentine ....... .................... Feb. 2,1825. Arts. II and IIJ. 2 11 Bolivia ........... . .................... Sept. 29, 1840. IlandllL 19 47 Borneo ..... ...... .................... May 27, 1847. Art. II ................ 2O 57 Congo ............ Convention ............. Dec. 16, 1884. II ............... 42 210 ............ Declaration ............ 16,1884. 5 ........ . ............. 43 213 Costa Eica ..... Treaty .................... Nov. 27, 1849. Arts. II and III 45 j ^ Denmark ........ , ..................... Feb. 13,166?. Art. VI ............. 49 254 ........ .................... July 12,1670. V ............. ... 50 263 Egypt ............. Convention ............ Oct. 29,1889. , I ................ 58 304 France ........... Declaration ............ April 8,1904. III .......... ... J3 351 Japan ........... Treaty .................... July 16,1894, .III.... ........ 1OO 510 Liberia ........... ..... .............. Nov. 21,1848. .II ...... ......... 1O8 538 Morocco ......... Convention ........ :... Dec. 9,1856. 1 ................. 114 571 Muscat .......... . Treaty .................... Mar. 19,1891. IV ............. 116 584 Netherlands... .................... Oct. 27, 1837. I ................ 119 607 Nicaragua ...... .................... July 28, 1905. I ................ 121 629 Peru ........... .... .................... April 10, 1850. II .............. 133 692 Eoumania ..... .................... Oct. 31, 1905. I ................ 139 707 Eussia ............ .................... Jan. 12,1859. I ............ .... 14O 721 Salvador ........ .................... Oct. 24,1862. II .............. , 145 737 TVT OQ i7 .......... Capitulations ....... 1075. [536] 3 2 1056 INDEX. Consular Fees. See FEES. No. Page Consular Jurisdiction. Borneo Treaty May 27, 1847. Add. Art 2O 61 China June 26, 1858. Arts. XV to 26 80 XYII Sept. 5,1902. Art. XII 39 182 Congo Convention Dec. 16, 1884. { ^d"^!!! 1 ' } 42 { 211 Co- Treat, Nov. 26, X883. { ^ "^ } 44J Japan July 16, 1894. Art. XX 1OO 518 Moroccp. Dec. 9,1856, VIII 113 559 Muscat Mar. 19, 1891. XIII 116 589 ty- A M -10 -io~r fArts. II and"l f 756 Siam April 18, 18o5. yn f 148 \ 753 Agreement May 13, 1856. Art. II 149 767 Tonga,, Treaty Nov. 29, 1879. III 182 923 Turkey., Capitulations 1675, { Ar ^ d x } 183 { {*JO Zanzibar,...,.,,, Treaty April 30, 1886. Art. XVI 2O2. 1028 Consulates. Arms over doors of. Netherlands,. Convention , Mar. 6,1856 121 616 Inviolability of Archives, Mexico Treaty NOV. 27, 1888. Art. X Ill 550 ' No right of Asylum from Jurisdiction of Looal Authorities. Netherlands,., Convention Mar. 6,1856. Art, V 121 617 Protection of Archives. Netherlands... Convention Mar. 6,1856. Art. IV 121 617 Standard Weights and Measures at. China Treaty June 26, 1858. Art. XXXIV.... 26 85 Consuls, &c. Admission to Colonial Ports. Netherlands... Convention Mar. 6,1856. Art. 1 121 616 Appointment of. Argentine Treaty Feb. 2,1825. Art. X 2 14 Bolivia Sept. 29, 1840. XI 19 51 China June 26, 1858. VII 26 77 Convention Mar. 1,1894. XIII 33 127 Agreement Feb. 4, 1897. XIII 34 135 Colombia Treaty 16,1866. XIII 41 204 Congo Convention Dec. 16,1884. IV 42 210 Corea Treaty Nov. 26, 1883. II 44 216 Costa Eica 27,1849. XI 45 244 Denmark July 12, 1670. XXXVIII SO 277 Greece Nov. 10, 1886. XI 88 464 Honduras Jan. 21, 1887. IX 95 487 Italy June 15, 1883. XII 98 501 INDEX. 105? Consuls, &c. continued. No. Page Appointment of continued. Japan ............. Treaty .................... July 16,1894. Art. XVI ........... 1OO 516 Liberia ............ .................... Nov. 21, 1848. VIII ......... 1O8 540 Mexico ........... .................... 27,1888. X ................ Ill 549 Morocco ......... .... ................ Dec. 9, 1856. II ............... 113 555 Muscat ..... . ..... .................... Mar. 19, 1891, III ............. ITO" 584 Netherlands... Convention ............ 6,1856. Arts. I and VII 121 { g*g Nicaragua ..... Treaty .................... July 28, 1905. Art. XII ............ 121 633 Paraguay ....... ................... Oct. 16,1884. X ................ 129 645 Persia ............. ................... Mar. 4,1857. IX ............. 131 655 Peru ............... .................... April 10, 1850. XI ............. 133 695 Russia ............ ................... Jan. 12,1859. XV ............ 14O 726 ............ Agreement ......... ... Aug. , 1896. II .............. 142 732 Salvador ........ Treaty .............. .. . Oct. 24,1862. XX ........ .... 145 744 Siam ............... ........ , ........... Sept. 3, 1883. . VIII .......... 151 783 Switzerland.... .................... 6,1855. VII ........... 119 918 Turkey .......... Capitulations ........ 1675. XIV ........... 183 930 ........... Treaty .................... Jan. 5, 1809. { A^TIIIand J . { 956- United States Convention ............ July 3,1815. Art. IV .............. 181 962 Uruguay... ..... Treaty .................... Nov. 13, 1885. IX ............. 198 1003 Venezuela ..... .................... April 18, 1825. X ...... .... ...... 2OO 1013 Zanzibar ......... ................... 30,1886. III ........ . ..... 2O2 1021 Assistance to in Arrests. See ABKESTS. Commissions and Exequaturs for. Netherlands... Convention ............ Mar. 6, 1856. Art. Ill ............. 121 616 Communication with Governors of Colonies. Netherlands... Convention ............ Mar. 6,1856. Art, VI ............... 121 618 Exemption from Military Service and Requisitions. Netherlands... Convention ............ Mar. 6,1856. Art. XIII .......... 121 620 Exemption from Taxation. Netherlands... Convention ........... Mar. 6,1856. Art, XI ............. 121 621 Free Delivery of Effects. Egypt ............. Convention ............ Oct. 29,1889. Art. XI .......... .... 58 311 [Freedom to engage Janizaries and Interpreters. Turkey ..... ..... Capitulations ........ 1675. Art. XXVIII ... 183 934, Official Intercourse with* China ............ Agreement ............ Sept. 13, 1876. Sect. II, 1 ...... 29 104 Privileges* Corea ............. Treaty ........... . ........ Nov. 26, 1883. Art. II .......... .... 44 216 Egypt ............ Convention ............ Oct. 29,1889, XI .............. 58 311 France ............ .......... ., Sept. 18, 1897. 1 ................. 64 , 334 Turkey .......... Capitulations ....... ., 1675. XXV ........ 183 938 ....... .... Treaty .................... Jan. 5,1809. VIII., ........ 186 956 1058 INDEX, Consuls, &c. continued. No. Page Privileges. Most-favoured-nation Treatment. Bolivia Treaty .... Sept. 29, 1840. Arf. XI 19 51 China ,, .... June 26, 1858. VII 2O 77 Convention .... Mar. 1, 1894. XIII 33 127 Agreement .... Feb. 4, 1897. XIII 34 135 Colombia Treaty 16, 1866. XIII 41 204 Costa Rica .... Nov. 27, 1849. XI 45 244, Greece 10, 1886. XI 88 464 Honduras ,, .... Jan. 21, 1887. IX 95 487 Italy .... June 15, 1883. XII 98 .501 Japan ... July 16, 1894. XVI 1OO 516 Mexico .... Nov. 27, 1888. x 111 519 Morocco ,, .... Dec. 9, 1856. III 113 556 Muscat ,, .... Mar. 19, 1891. III 116 584 Nicaragua .... July 28, 1905. XII 127 633 Paraguay ,, .... Oct. 16, 1884. X 129 645 Persia .... Mar. 4, 1857. ,, ix 131 655 Peru .... April 10, 1850. XI 133 695 Russia .... Jan. 12, 1859. xv 140 726 Agreement .... Aug. f , 1896. II 142 732 Salvador Treaty .... Oct. 24, 1862. XX 145 744 Spain , .... May 23, 1667. XXVII 153 802 Switzerland.... .... Sept. 6, 1855. vii 179 918 Uruguay ... Nov. 13, 1885. IX 198 1003 Zanzibar April 30, 1886. III 202 102X Settlement of disputes between Masters and Seamen. Netherland s . . . Convention .... Mar. 6, 1856. Art. XII 121 620 Spain Treaty , , May 23, 1667. xix 153 799 Subject to Laws of Colonies. Netherlands... Convention Mar. 6, 1856. Art. II 121 616 To be informed of Deaths of their Nationals whose Heirs are not known. United States Convention Mar. 2, 1899. Art, III. 193 987 Contraband of War. China Agreement Nov. 8, 1858. Rule 3 27 93 ,, Convention Mar. 1, 1894. Art. X 33 126 Spain Treaty ,, May 23, 1667. I to XXVI J 153 / *m Sweden July 17, 1756. Art. II 171 887 Oct. 21, 1661. XI 172 897 Coolies. _ Emigration. See EatiGH RATION, Copperas. Duties on. . France Convention Feb. 19, 1903, Art. II 70 345 19, 1903. II 71 347 Copper Cash, Trade, Relaxation of Restrictions. China* Agreement Kov. 8, 1858. Rule 5 27 94 INDEX. 1059 Copyright. Protection of. Japan Protocol July 16, 1894. Kussia Treaty Jan. 12,1859. Cork Forests Concessions in Morocco. See MOEOCCO. Correspondence between British and Chinese Officials China Treaty Aug. 29, 1842. April 26, 1858. Corsairs of Barbary and Tunis. Turkey Capitulations 1675. Countervailing? Duties. Nicaragua Treaty July 28,1905. Courts. See also TRIBUNALS. In Chienginai. See CHIENGMAI. Mixed at Shanghae. China Agreement Sept. 13, 1876. Supreme at Shanghae. China Agreement Sept. 13,1876. Currants. Duty on. Greece Agreement Mar. 28, 1890. Declaration Nov. f, 1904. Custom-house. Establishment of. Siam Agreement .., May 13, 1856. Zanzibar Treaty April 30, 1886. Guards. China Treaty June 26, 1858. Regulations. Siam Agreement May 13, 1856. Customs Duties. Argentine Treaty July 10,1853. Borneo , May 27, 1847. China , Aug. 29, 1842. Denmark ,.,. Feb. 13, 166ft. ...~ July 12, 1670. Persia Convention Feb. 9,1903. Siam Treaty Sept. 3, 1883. Turkey Capitulations , 1675. fro. Page 3 1O1 521 Art. XXI 14O 728 Art. XI 67 L 26 90 Art. XLVII.... , 183 941 Protocol, 4.. .. 127 638 f Sect, II, 2] L and 3 29- f 105- L 106 Sect. II, 2.... 29 105 fi 1 9O 470 1, 3, and 6 f 476 477 Art. VIII 149 770 XII .. 202 1026 Art. XXXVI.. 26 86 Annex 149 776 Art IV 3 17 IV.. . 2O 58 X 22 60 XIII .. 49 256 fArts. VIII 1 and XVIII j 50 r 264 268 Art II 132 660 IY 151 782 fArts. XXX, 1 XXXIV, XXXVII, XLIX, L, LI, LIII, LIV, 4 LVI, LV1I, LXII, LXVII, LXVIII, LXXII, L LXXV ^ 1*3 ' 934 936 937 942 943 945 946 948 949 w 951 1060 INDEX Customs Guards. No. Page China Treaty April 26, 1858. Art. XXXYL... 2G 86 Customs Formalities. France Convention '..... Feb. 28,1882. Art. 1 61 323 Paraguay Treaty Oct. 16, 1884. III 129 643 Persia Convention Feb. 9,1903. V 132 662 Spain Treaty Dec. 9, 1713. XI 156 837 Uruguay Nor. 13, 1885. II 198 1000 Customs Regulations. In Morocco. See MOEOCCO. Zanzibar. See ZAKZIBAE. Customs Unions. Austria-Hun- Treaty Dec. 5, 1876. Art. IV & 26 gary j, ., Protocol 6, 1876 6 27 Greece Treaty Nov. 10, 1886. Art. XYIII 88 467 Cyprus* Application of Treaties to. Belgium Exchange of Notes Nov. 25, 1898 13 37 Roumania ..Treaty Oct. 31, 1905. Art. XTII. ..;..... 139J ^ United States Convention Mar. 2,1899. IT.. 193J ^ D, Damaged Goods* Duties on. See DUTIES. Danish Possessions. Evacuation of. Denmark Additional Articles April 7,1814. Art. I ;. S2 291 Dardanelles. Passage of War-ships. Turkey .......... Treaty Jan. 5,1809. Art. XI 186 957 Deaths. Notification of to Consuls. Netherlands... Convention Mar. 6, 1856. Art. XI 121 620 Debts. Contracted before War. Payment of. Spain Treaty DEC. 9,1713. Art. XIII 156 838 Of Deceased British Subjects. Morocco Treaty Dec. 9, 185& Art. XVIll 113 563 Of Hong Merchants to British Subjects. China Treaty Aug. 29, 1842, Art, V 22 65 INDEX. 1061 Debts continued. Recovery of. China ............. Treaty .................... June 26, 1858. Art. XXIII Congo ............ Convention ............ Dec. 16,1884. IX Morocco ...... ... Treaty .................... 6,1856. YII Muscat ........... .................... Mar. 19, 1891. XVI Spain ............. .................... Dec. 9, 1713. XIII Sweden .......... , ..................... April 11, 1654. ,,. YIII Turkey .......... Capitulations ......... 1675. VIII Zanzibar ........ Treaty .................... April 30, 1886. XIX Debtor*. Fraudulent. See FRAUDULENT DEBTORS. Non-molestation of. Turkey ......... Capitulations ........ Release of on Bail. Turkey ............ Capitulations ......... Deserters. See also SEAMEN DESERTERS, Naval and Military, Morocco ......... Treaty .................... Dec. 1675. Art. LVIII 1675. Art. LXIX 9, 1856. Art. XV Salvador ......... .................... Oct. 24, 1862. Art. XVII Detention of Vessels. See VESSELS. Differences between States. Amicable Settlement. Denmark ........ Treaty ........... . ........ Feb. 13, 166. Art, XI No. Page 26 82 42 211 113 559 116 590 15B _ 838 1JO 882 183 929 2O2 1029 183 947 183 950 113 561 698 145 743 49 Differential Treatment., Sweden and Convention.... ........ Mar. 18, 1826. Art. V Norway United States ............ May 31, 1902. II 195 Diplomatic Representatives. Appointment. China ...... ....... Treaty .................... June 26, 1858. Corea ............. .................... Nov. 26, 1883. Costa Rica .... .................... 27, 1849. Denmark.: ...... .................... July 12,1670. Peru ............... .................... April 10, 1850. Salvador ...... ... ........... . ........ Oct. 24,1862. Art. II ........ .. ..... 26 II ............... 44 XI ............. 45 XXXVIII 5O XI ......... .... 133 XX ............ 145 Ceremonial. See CEREMONIAL. Number of Servants allowed. Turkey .......... Capitulations ........ 256 Germany., ...... Exchange of Notes May-Junel885 ............................. 83 j ^~ ...... 1*6 909 994 75 216 244 277 695 744 1675. Art. LX ............ 183 947 Privileges. Bolivia ........... Treaty .................... Sept, 29, 1840. Art. XI ............ 19, 51 1062 INDEX. Diplomatic Re] Privileges con Colombia Corea ircsentatives continued, tinned. . Treaty - F^b. 16 1866. Art. XIII No. 41 44 45 113 133 145 186 26 28 Page 204 216 244 556 695 744 956 75 98 .. .. Nov. 26, 1883. II.... Costa Rica ... 27, 1849. XI Morocco Dec. 9, 1856. HI XI XX Peru ... . April 10, 1850. Salvador .... Oct. 24, 1862. Turkey Jan. 5, 1809. VII..., Residence at Peking. China. ... Twiner ... June 26, 1858. Art. Ill Agreement...., , Oct. 24, 1860. , II... Transaction of Business witli Chinese Government. China ............. Treaty .................... June 26, 1858. Art. V 26 Discriminating Unties on Cargoes and Vessels. See CAEGOES and VESSELS. Disputes. Between British Subjects and Natives. Settlement of. China ............ Treaty .................... June 26, 1858. Art. XVII ........ 26 Congo ............ Convention ............ Dec. 16,1884. VIII .......... 42 Between Masters and Seamen. Settlement. See Domiciliary Visits. 76 80 211 Colombia Treaty Feb. 16, 1866. Art. XVIII 41 206 Greece n Nov. 10, 1886. ,, XV 88 465 Honduras j> Jan. 21, 1887. V 95 486 Italy June 15, 1883. XVI 98 503 Japan . July 16, 1894. IV 1OO 511 Mexico Nov. 27, 1888. VI...., 111 548 Morocco 9, 1856. IV 113 557 Nicaragua July 28, 1905. XVI... 121 635 Paraguay Oct. 16,1884. VII 129 644 Russia Jan. 12, 1859. XII..., 14O 725 Uruguay .. Nov. 13, 1885. V 198 1002 Do Sing (Tou-ch'eng). Port of Call. China Treaty Sept. 5, 1902. Art. X 39 182 Drawbacks. China > . Treaty June 26 1858. Art. XLV 26 88 Corea Nov. 26, 1883. V,3 44 220 May 23, 1667. XII 153 796 Certificates. China Treaty , Sept, 6, 1902. Art. I 39 173 Corea Nov. 26, 1883. >, V, 2 44 220 Most-favoured-nation Treatment. Bolivia Treaty Sept, 29, 1840. Add. Art. II 19 55 July 28 1905 Art V 12*J 631 Russia Jan. 12, 1859. IV 140 722 Salvador.... Oct. 24, 1862. VI... 145 739 INDEX. 1063 Drawbacks continued, National Treatment. Argentine Treaty Feb. 2,1825. Bolivia Sept. 29, 1840. Colombia Feb. 16, 1866. Denmark Convention June 16, 1824. France Jan. 26, 1826. Greece Treaty Nov. 10, 1886. Italy June 15, 1883. Japan July 16, 1894. Netherlands... Mar. 27, 1851. Nicaragua July 28, 1905. Kussia Jan. 12,1859. Salvador Oct. 24, 1862. Sweden and Mar. 18, 1826. Norway United States Convention July 3, 1815. No. Page Art. VI , VI. Arts. V and VI. Art. IV / Art. Ill, and 1 \ Add. Art, II J Arts. IV and V. IV and V. Art. VII I V V Arts. IV and VI Art. IV... II. 2 19 53 " 88 98 100 12O 12* 14O 145 1*6 187 Time Limit. China Agreement Sept. 13, 1876. Sect. Ill, 5 29 12 48 201 202 295 316 319 461 498 512 613 631 722 738- 739 909 961 108 Dues. Anchorage. See ANCHOKAGE DUES. Harbour. See HARBOUB DUES. Landing. See LANDING DUES. Light or Lighthouse. See LIGHT DUES. Local. See LOCAL DUES. On Goods in Bond in Morocco. See MOEOCCO. Pilotage. See PILOTAGE DUES. Police. See POLICE DUES. Quarantine. See QUABANTINE DUES. Salvage. See SALVAGE DUES. Shipping. See SHIPPING DUES. Sound. See SOUND DUES. Tonnage. See TONNAGE DUES. Duties. Ad valorem. See also MOROCCO. China Treaty June 26, 1858. Art. XLIl Colombia Feb. 16, 1866. XI...... Corea , Nov. 26, 1883. Rules Egypt Convention Oct. 29, 1889. Art. VI Netherlands.., ,, Aug. 15, 1889. I Zanzibar Treaty April 30, 1886. IX..., 26 87 41 203 44 238 58 307 124 625 202 1022 1064 INDEX. Duties continued. No. Page At Elsinore. See ELSINOBE. Countervailing. See COUNTEBV AILING DUTIES. Customs. See CUSTOMS DUTIES. Discriminating on Cargoes. See CABGOES. on Vessels. See VESSELS. Export. See EXPOET DUTIES. Goods exempted from. Muscat.... Treaty Mar. 19, 1891. Art, VI 116 586 Import. See IMPOET DUTIES. In Spheres of Influence. See SPHERES 01? INFLUENCE. Internal. See INTEENAL DUTIES. Mastaria. See MASTAEIA DUTY. Measurement. See MEASUEEMENT DUTY. " Millon " or " Milones." See " MILLON " OE " MILONES " DUTIES. Mode of Levying. China Treaty June 26, 1858.' Arts. XLII and 26 XLIII Agreement Nov. 8,1858. Eule 10. 2"J Corea Treaty 26, 1883. Regulation II... 44 Colombia ,, Feb. 16, 1866. Muscat Mar. 19, 1891. Persia Convention Feb. 9,1903. Art. XI ,, IX VI.... XI... Zanzibar Treaty April 30, 1886. National Treatment. Spain Treaty Dec. 14,1715. Art. IV. On African Wares. See AFEICA. Beer. See BEEE. Brandy. See BBANDY. Burmah-Siam Frontier. Siam Treaty Sept, 3, 1883. Art. IV .. On Cargo-Boats, See CAEGO-BOATS. Copperas. See COPPEBAS. ,, Currants, See CUEBANTS. 41 116 132 202 87 96 226 203 587 663 1025 157 844 151 782 Damaged Goods. China Treaty. On Fkh. See FISH. ,, Gold. See GOLD. June 26, 1858. Art. XXIV 26 88 INDEX. 1065 Duties continued. No. Page On Goods carried by Junks from Hong Kong to Treaty Ports. China Treaty Sept. 5,1902. Art. Ill 39 173 On Goods not enumerated in Tariffs. China Agreement Nov. 8, 1858. Eule 1 21 93 Spain Treaty Dec. 9, 1713. Art. IX 156^ 837 On Goods purchased i'or Exportation. Morocco Convention Dec. 9,1856. Art. Ill 114 572 On Haberdashery. See HABERDASHERY. Lumber. See LUMBER. Piastres and Sequins. Turkey Capitulations 1675. Art. XXI 183 932 On Precious Stones. See PRECIOUS STONES. Property. See PROPERTY. Eice. See RICE. Sale of Cloths at Constantinople and Smyrna. Turkey Capitulations 1675. Art. LXVIII.... 183 949 On Salt. See SALT. Silver. See SILVER. Spirituous Liquors. See SPIRITUOUS LIQUOES. Stock and Provisions. See STOCK AND PROVISIONS. Sugar. See SUGAR. Unsold Goods. Turkey Capitulations 1675. Art. XXXIX.... 183 938 On Vessels. See VESSELS. Vinegar. See VINEGAR. Wine. See WINE. Payment of in Sycee or Foreign Money. China Treaty June 26, 1858. Art. XXXIII .. 26 85 Readjustment of. Corea Treaty Nov. 26, 1883. Reg. II 44 226 Japan Convention July 16, 1895. 2 1O2 525 Special. Zanzibar........ Treaty April 30, 1886. Arts. VIII and 2O2 1022 IX Transhipment. See TRANSHIPMENT. Transit. See TRANSIT. Transport. See TRANSPORT. 1066 INDEX. Duty-free Goods. China Agreement Nov. 8,1858. Muscat... Treaty Mar. 19, 1891. Zanzibar April 30, 1886. Duty-paid Goods, Re-exportation of. China,... Treaty ; June 26, 1858. Rule 2... Art. VI . No. Page 27 93 116 586 J503 1023 Art, XLV,,.. 26 88 Dwellings. Erection, Hiring, &c., of. Argentine Treaty Feb. 2, 1825. Art. II 2 11 Bolivia Sept. 29, 1840. II 19 47 China , June 26, 1858. Arts. XI and 26 79 XII Colombia Feb. 16, 1866. Art. XIV 41 204 Congo Convention Dec. 16, 1884. II 42 210 , Declaration 16, 1884. 5 43 213 Corea Treaty Nov. 26, 1883. Art. IV, 2 44 218 and 4 Costa Rica 27, 1849. Art. 11 45 241 Grreece , 10, 1886. XII 88 464 Honduras Jan. 21, 1887. IV 95 485 Italy June 15, 1883. XIII, 2., 98 501 Japan July 16, 1894. HI 1OO 510 Mexico Nov. 27, 1888. V 111 547 Morocco Dec. 9, 1856. iv 113 557 Convention 9, 1856. I 114 571 Muscat Treaty Mar. 19, 1891. JJ J- ' 116 584 Nicaragua July 28, 1905. XIII 127 634 Peru April 10, 1850. II 133 692 Russia Jan. 12, 1859. XI 14O 724 Siam April 18, 1855. iv ... 148 757 Spain Dec. 9, 1713. iv 156 834 Switzerland... ,, Sept. 6, 1855. I 179 916 United States Convention July 3, 1815. I 187 959 Uruguay Treaty Nov. 13, 1885. iv 198 1001 Venezuela April 18, 1825. 11 200 1010 Zanzibar 30, 1886. ,, iv 2O2 1021 Inviolability of. Colombia Treaty Feb. 16, 1866. Art. XVIII 41 206 Honduras Jan. 21, 1887. v 95 486 Italy June 15, 1883. ,; xvi 98 502 Japan , July 16, 1894. iv 10O 510 Mexico Nov. 27, 1888. VI 111 548 Morocco ,, Dec. 9, 1856. iv 113 557 Muscat Mar. 19, 1891. xvm 116 590 Nicaragua July 28, 1905. XVI 127 635 Paraguay Oct. 16, 1884. VII 129 644 Russia Jan. 12, 1859. XII 140 725 Switzerland.... Sept. 6, 1855. III 179 916 Zanzibar ,, April 30, 1886. XXI 202 1029 INDEX. 1067 E. Eastern Archipelago. No. Page Freedom of Communication with Natives. Netherlands... Treaty Mar. 17, 1821. Art. IV US 597 Trade with. Most-favoured-nation Treatment. Netherlands.. Treaty Mar. 17, 1824. Art. 1 118 596 Treaties with Natives. ,- ^Q- Netherlands... Treaty Mar. 17, 1824. j^'^ 1 ' VI > j 118J 598 Egypt. Coasting Trade. France Declaration April 8,1904. Art. Ill 73 351 Diplomatic Support in. France Declaration April 8, 1904. Art. IX 73 353 Freedom of Commerce in. France Deslaration April 8, 1904. Art. IV 73 351 French Officials in. France Declaration April 8,1904. Art. V 93 352 French Treaty Bights in. France Declaration April 8, 1904. Art. Ill 73 351 Political Status of. France.. Declaration April 8, 1904. Art. I 73 350 Roads and Railways Concessions in. France Declaration April 8,1904. Art. IV 73 352 Trade with. Turkey Capitulations 1675. Art. XXXIV.... 183 936 Transit to, through British and French Possessions. France Declaration April 8, 1904. Art. IV 73 351 Elbe. Exemption from Tolls. Denmark Treaty Feb. 13, 166?-. Art. XVII 49 258 Freedom of Navigation. Denmark Treaty July 12, 1670. Art. XXI SO 271 Elsinore. Despatch and Discharge of British Vessels at. Denmark Treaty Feb. 13, 166. Art, XXIII 49 261 July 12, 1670. XIV 50 267 Duties at. Most-favoured-nation Treatment. Denmark Treaty.,... July 12, 1670. Art. XIII SO 266 Emigration. Coolies. China Convention Oct. 24,1860. Art. V 28 99 1068 INDEX. Employment. Of Agents. See AGENTS. ? , Subjects of one Country by Subjects of the other. Corea .............. Treaty .................... Nov. 26, 1883. Art. IX, 1 No. Page 44 223 Enemies. Non-assistance of. Denmark........ Treaty .................... Feb. 13, 166. Tiilir 19 IMO . ........ >' .................... July 12, 1670. Trade with. Denmark ........ Treaty ................... July 12, 1670. Spain .............. .................... May 23, 1667. Sweden .......... .................... April 11, 1654. ....... ... .................... July 17,1656. Estates. Intestate. See INTESTATE ESTATES. Seizure or Sequestration of. Spain ............. Treaty ...... . May 23, 1667. Succession to. Bolivia ....... ....Treaty .................... Sept. 29, 1840. Morocco ........ .................... Dec. 9, 1856. Muscat .......... ................... Mar. 19, 1891. Siain .............. .................... June 20, 1826. Spain .............. .................... May 23, 1667. Zanzibar ..... ... .............. ...... April 30, 1886. Ethiopia. Free Passage of Groods through Zeyla for. Abyssinia ...... Treaty .................... May 14, 1897. Art. IV Transit of Arms through British Territory for Emperor. Abyssinia ...... Treaty .................... May 14, 1897. Art. V Transit of Arms for Mahdists through. Abyssinia ...... Treaty .................... May 14, 1897. Art. VI Europe, British Dominions out of. See BRITISH DOMINIONS OUT OF EUROPE. Evidence. Production of. See TBIALS. Exceptions to Most-favoured-nation Trealment. See MOST-FAVOURED- NATION TREATMENT. Arts. Ill and V 49 254 Arts. Ill and 1 5OJ 263 Art XVI. .. 5O 268 xxii 153 801 XI 1*0 884 ' III w 887 Art. XXXII 153 804 Art. IX 19 50 XVIII 113 563 XVII 116 590 VIII 14* 750 XXXIII ... 153 804 XX... 2O2 1029 Art. IV 1 3 Art. V 1 3 Art. VI ... 1 3 Exchange. Kate of. Japan ............ Convention:, 'Persia ....... ' ..... Excise. Taxes. Egypt ............ Convention France ............ Turkey ........... Capitulations July 16, 1895. 3 Feb. 9,1903. Art. VI Ock 29,1889. Art. IX Feb. 28, 1882. IV 1675. XXXII 1O2 133 525 663 58 309 61 324 183 935 Exhibitions. In Exportation. S< Freedom of. Borneo Corea ] iternational. See INTI ;e also EXPOBTS. Treaty NDEX. 5RNATIONAL EXH May 27, 1847. Nov. 26, 1883. IBITIONS. Art IV 1069 No. Page 20 58 44 220 61 323 10 59 22 66 26 82 ./ 125- 9 1 126 58 308 114 574 116 586 118 596 132 661 149 752 148 759 157 844 159 854 183 1 942 183 \ 949 202 1024 2 11 5 25 / 48 19 1 65 26 82 41 201 44 224 58 305 88 460 95 484 98 497 100 511 111 545 114 576 127 630 129 642 139 710 140 721 145 738 153 793 176 911 4 A V.... Most-favoured-nation Treatment. France PYmVAnfinvi Feb. 28, 1882. May 27, 1847. Aug. 29, 1842. June 26, 1858. Mar. 1, 1894. Oct. 29, 1889. Dec. 9, 1856. Mar. 19, 1891. 17, 1824. Art. I Of Cattle. See Export Duties. Borneo China Jiigypt. Morocco Muscat Netherlands .. Persia Siam CATTLE. See also MOEOCCO. Treaty Art. VI .. X XXV /Arts. VIII I I and IX / Art. VIII VII Convention 5) Treaty VII II Convention Feb. 9, 1903. June 20, 1826. April 18, 1855. Dec. 14, 1715. Oct. 5, 1750. 1675. April 30, 1886. Feb. 2, 1825. Dec. 5, 1876. Sept. 29, 1840. June 26, 1858. Feb. 16, 1866. Nov. 26,1883. Oct. 29, 1889. Nov. 10, 1886. Jan. 21, 1887. June 15, 1883. July 16, 1894. Nov. 27, 1888. Dec. 9, 1856. July 28, 1905. Oct. 16, 1884. 31, 1905. Jan. 12, 1859. Oct. 24, 1862. May 23, 1667. Mar. 18, 1826. III XIII VIII . Treaty Spain , , Capitulations . Treaty I IV /Arts. XLIX1 I andLXVII/ Art. VIII Art. IV Turkey .. Zanzibar Most-favoured-: Argentine Austria - Hun gary Bolivia ... nation Treatment. . Treaty Arts. II and III /Art. IV, and"! I Add. Art. II J Art. XXIV IV x III III China . Colombia Corea Egypt Greece j> >j . Convention Treat v Honduras.... Italy.... " III III Japan . Mexico Morocco Nicaragua ... Paraffuav .. Convention Treaty.... VII j, -'-V III. Koumania.... Kussia Salvador Spain Sweden and Norway [536] VI III... v " Convention IX.., 1070 INDEX. Export Duties continued. No. Page Most-favoured-nation Treatment continued. Switzerland... Treaty Sept, 6, 1855. Art. IX 179 919 United States. July 3,1815. II 187 960 Uruguay May 13,1885. II 198 1000 Venezuela April 18, 1825. IV ZOO 1010 National Treatment. Bolivia Treaty Sept. 29, 1840. Art. VI 19 48 Morocco Convention Dec. 9, 1856. VII 114 576 Spain Treaty May 23,1667. V 153 793 Sweden and Mar. 18, 1826. IV 116 909 Norway Exports. See alst In Vessels of eith Argentine Bolivia > EXPORTATION. er Country. Natior Treaty . ial Treatment. Feb. 2, 1825. Sept. 29, 1840. Feb. 16, 1866. June 16, 1824. Oct. 29, 1889. Jan. 26, 1826. Nov. 10, 1886. June 15, 1883. July 16, 1894. 28, 1905. 31, 1905. Jan. 12, 1859. Oct. 24, 1862. Mar. 18, 1826. July 3, 1815. April 18, 1825. Feb. 2, 1825. Dec. 5, 1876. Sept. 29, 1840. June 26, 1858. Feb. 16, 1866. Oct. 29, 1839. Feb. 28, 1882. Nov. 10, 1886. Jan. 21,1887. June 15, 1883. July 16, 1894. Nov. 21, 1848. 27, 1888. Dec. 9, 1856. July 28, 1905. Oct. 16. 1884. Art VI 2 19 41 53 j 58 59 | 88 98 100 127 139 140 145 176 { 187 2OO 2 5 26 41 58 61 88 95 98 100 108 111 114 127 129 12 48 202 294 295 307 316 319 461 498 512 631 710 722 738 908- 901) 961 1011 11 25 82 201 305 323 460 484 497 511 539 545 574 630 642 VI Colombia Denmark Egypt ... Convention Treaty VI / Arts. II and \ 1 IV / Art V France Greece /Art. Ill, and! \ Add. Art. II J Art. V y Italy Japan . . VIII VI IX , V Nicaragua Koumania Salvador . . IV /Arts. Ill and") t IV J Art II Sweden and "1 Norway J United States Venezuela Most-favoured-na Argentine Austria- Hun- gary Convention Treaty VI ,tion Treatment. Treaty.... Art. IV II Art. XXIV IV III.. China Colombia Egypt .... Convention France . > Treaty I , III. Greece Honduras II III.. .. Italy Japan VI IV III VI IV III.... Liberia Mexico Morocco Nicaragua Paraguay.... Convention Treaty . INDEX. 1071 Exports continued. No. Page Most-favoured-nation Treatment continued. Persia Treaty.... Feb. 9, 1903. Art. II 132 661 * ggQ Uruguay Treaty Nov. 13,1885. XIV 198 ' False Evidence. Punishment for. See PUNISHMENT. False Indication of Origin of Goods. Prevention of. Cuba Accession to Ar- Dec. 1 (9),1905 48 251 rangement of 1891 France ..... Arrangement April 14, 1891 76 -j gg,, General International Con. Mar. 20, 1883. Art. X 74 370 vention Nicaragua Treaty July 28, 1905. XVIII 127 636 Roumania Convention S^ 1893 - Arts. I to V 138 j [536] 4 A 2 1072 INDEX. False Indication of Origin of Goods. Prevention of continued. No. Page Spain Arrangement April 14, 1891 76 1 ^ Switzerland... 14, 1891 7 Tunis 14, 1891. 1 Fees. Consular. On Certificates of Origin. France Exchange of Notes ^^gj, 1899 66 337 Meltage. See MELTAGE FEES. On Certificates of Origin. See CERTIFICATES OF ORIGIN. Figs. Purchase of by King of England. Turkey Capitulations 1675. Art, LXXIV 183 951 Fiji. Application of Treaties to. United States Convention , Mar. 2, 1899. Art. IV 193 | 938 990 Fire-arms. See ARMS, &c. Fish. Duties oil, Spain Treaty Dec. 9, 1713. Art. VIII 156 { 836 843 Export prohibited in Time of Famine. Siam Treaty .... April 18, 1855. Art. VIII 148 760 Agreement May 13, 1856. VI 149 769 Fisheries. Austria Treaty . . . April 30, 1868. Art, I 4 21 France Convention Feb. t/Wj 28, 1882. IX. 61 326 Spain, Treaty 10, 1763. XVIII 16O 858 Convention July J-Vj 14, 1786. VI 162 864 Oct. 28, 1790. f Arts I n . Ill and 1 163 | 869 870 Sweden Treaty July 17, 1656. Art. X 171 892 Most-favoured-iiation Treatment. Denmark Treaty Feb. 13, 166f Art. XIII 49 256 Roumanla i Oct. 31, 1905. x 139 710 Newfoundland, J? United States . v ^. CnnVptilinri Or>f 20, ^ IH1S! Art T 188 965 Within 10 leagues of Spanish Settlements in America prohibited. Spain,, Convention Oct. 28. 1790. Art. IV 163 870 Fishing Boats. Sheltering in Ports. France Convention .... Jan. 26. 1826, AH, V 59 317 Fixation of Prices of Goods, See PRICES OF GOODS. INDEX. 1073 Flu*. British. Flemish Trade under. Turkey Capitulations Congo Kecognition. No. Page 1675. Art. XXXIII... 183 935 IQOjt M rm I 213 For Chartered Junks. China Additional Article Mar. 31, 1890. IV... J "l 32 214 118 Flemish Trade under British Flag. Feo-cliow-foo open to British Trade. China Treaty.... See FLAG. Aug. 29, 1842. Art, II 22 64 Forced Loans, &c. Exemption from Argentine... . . Treaty Feb. 2 1825. Art. IX 2 13 Bolivia .... , Sept 29 1840 x 19 51 Colombia ,, Feb. 26 1866. XVI 41 205 Costa Rica Nov 27 1849 x 45 244 France Convention Greece Treaty Feb. 28,1882. Nov. 10, 1886. ,, XI xrii . . Gl 88 327 464 Honduras ,, Italy Jan. 21, 1887. June 15 1883 VI XIV OS 98 486 01 Japan July 16, 1894. II 1OO 509 Mexico.. . , Nov 27 1888. VII 111 548 Morocco ,, Dec. 9, 1856. IV 113 557 Nicaragua.. ,, . July 28 1905 XIV. * 634 Paraguay Oct. 16, 1884. VIII 129 644 Peru ,, Apr. 10, 1850. IX. 133 694 Roumania Russia Salvador Oct. 31, 1905. Jan. 12, 1859. Oct. 24 1862 iv XIV XVI . 139 140 145 709 726 742 Uruguay Nov. 13, 1885. VI 198 1002 Venezuela April 18 1825. IX. 2OO 1012 Foreign Grain* Re-exportation. Se Foreign Settlements. China., Agreement Corea Treaty e RE-EXPORTATION Sept. 13, 1876. Nov. 26, 1883. Sect. Ill, 1 and 2 Art. IV, 2-4 29 44 107 218 Jawan.... July 16, 1894. , XVIII... . 100 517 Foreign Trade. See TRADE. Fortresses. Restoration. Turkey' ........... Treaty .................... Jan. 5, 1809. Art. II ............... 186 Fraud on Revenue. Prevention of. China... , Treaty .................... June 26, 1858. Art. XLVI ........ 26 Fraudulent Debtors. China Treaty June 26, 1858. Art. XXII , 26 955 89 81 1074 INDEX. No. Page Friendly Relations. Rupture of. See RUPTURE or FRIENDLY RELATIONS. Friendship. Argentine Treaty Feb. 2,1825. Art. 1 2 10 Bolivia Sept. 29, 1840. 1 19 46 Borneo May 27,1847. 1 2O 57 China Aug. 29, 1842. 1 22 63 Colombia Feb. 16, 1866. 1 41 200 Corea Nov. 26, 1883. 1 44 215 CostaRica 27,1849. 1 45 240 Denmark Feb. 13, 166. 1 49 253 July 12, 1670. 1 50 262 Jan. 14,1814. 1 51 287 Liberia Nov. 21, 1848. 1 1O8 538 Mexico 27, 1888. I Ill 544 Morocco Dec. 9, 1856. T 113 555 Paraguay Oct. 16, 1884. 1 129 641 Persia Mar. 4,1857. I 131 653 Peru April 10, 1850. 1 133 691 Salvador Oct. 24,1862. 1 145 736 Siam June 20, 1826. 1 147 V49 April 18, 1855. 1 148 755 Spain May 23, 1667. 1 153 791 July 13, 1713. 1 155 826 Nov. 9, 1729. 1 158 852 w ... Sept. 3, 1783. 1 161 858 Sweden April 11, 1654. Arts. I and II.... 17O 880 Oct. 21, 1661. Art. 1 1*2 893 Feb. ' 5, 1666. I -173 902 July 18, 1812. 1 174 904 Tonga Nov. 20, 1879. 1 182 922 Venezuela April 18, 1885. 1 2OO ]009 Zanzibar 30,1886. 1 2O2 1020 Frontier. See BOUNDARY. Frontier Trade. See TRADE. Fugitive Offenders. See also EXTRADITION. Turkey Capitulations 1675. Art. XI 183 929 Funerals. See BURIALS. Fung Chnen (Feng Ch'uan). Port of Call. China Treaty Sept. 5,1902, Art. X 39 182, Fusaii. See PUSAN. .INDEX. 1075 G. Gambia. Application of Treaties to. No. Page Honduras Treaty Jan 21, 1887. 95 494 United States Convention Mar 2,1899. Art. IV 193 { ^ Uruguay Treaty Nov. 13,1885. XIV ; ... 198 1 J^ .< IISHII. See WONSAN. Gibraltar. Cession to Great Britain. Spain Treaty July 13, 1713. Art. X 155 828 Gibraltar Straits. Free Passage of. France Declaration April 8,1904. Art. VII 72 353 Gold Bars. Free Importation. Siam Agreement May 13,1856. Art. VII 149 770 Manufactured. Import Duty on. Siam Agreement May 13,1856. Art. VII 149 770 Gold Coast. Application of Treaties to. Eoumania Treaty Oct. 31, 1905. Art. XVII 139 j J^ United States Convention Mar. 2, 1899. IV 193 j Uruguay Treaty Nov. 13,1885. XIV 198 j 990 1005 1008 Good Offices in Case of Difference with a Third Power. Corea Treaty Nov. 26, 1883. Art. 1 44 216 Goods. Captured on Enemy's Vessels. Morocco Treaty Dec. 9, 1856. Art. XXI 113 564 Contraband. See CONTRABAND OF WAR. Damaged. Duties on. See DUTIES. Disposal in time of Peace or War. Morocco Treaty Dec. 9,1856. Art. XVII 113 562 Duty Free. See DUTY-FREE GOODS. Duty Paid. See DUTY-PAID. GOODS. Facilities for Bonding. China Treaty Sept. 5, 1902, Art, VI , 39 174 Fixation of Prices of, See PRICES op GOODS 1076 INDEX. Goods con tinud. No. Page Immunity of. Spain... Treaty May 23, 1667. Art. XVII 153 799 Sweden April 11, 1654. V 1?O 881 , Oct. 21.1661. Y 1*2 895 In Bond. See BOND. Payment for. Spain Treaty May 23, 1667. Art. XXIX 153 803 Purchased for Exportation. Duties on. Morocco Convention Dec. 9, 1856. j A ^ X LI and j 114 { 5^ Purchase of. No Preference on account of character of Vessel in which imported. Denmark Convention June 16, 1S24. Art. V 53 295 Unsold. Duties on. See DUTIES. Grain. Prohibition of Export in case of Famine. China Treaty Sept. 5,1902. Art, XIV 39 183 Corea Nov. 26, 1883. V, 6 44 221 Guipuscoans' Fishery Rights off Newfoundland. Spain Treaty Feb. 10, 1763. Art. XVIII 16O 858 Gyantse. Free communication with British Frontier. China Convention April 27, 1906. Annex, Art,VIJI 4O 196 Gulf of Guinea. Tariff of Duties. Germany Exchange of Notes May -^,1893, 85 | H, Haberdashery. Duties on, France Convention April 16, 1902. Art. II.,,... fig 341 Hanyang (Seoul). Open to Trade. Corea Treaty Nov. 26, 1883. Art. IV, 1 44 218 Bight to open Commercial Establishments. Corea Treaty Nov. 26, 1883. Protocol, 2 44 239 Harbour Dues. Argentine Treaty Feb. 2,1825. Art. V 2 12 July 10, 1853. IV 3 17 BoliTia Sept, 29, 1840. V 19 43 China.. Additional Art Mar. 31, 1890. IV 32 118 Colombia,.,... Treaty Feb. 16,1866. Art, VII 41 202 INDEX. Harbour Dues continued. No. Page Egypt Convention Oct. 29, 1889. Art. V 58 306 France Jan. 26, 1826. I 59 315 , Feb. 28, 1882. VIII 61 326 Greece Treaty Nov. 10, 1886. i VI 88 462 Honduras Italy " Jan. 21, 1887. June 15,%83. III }> * J 95 9* 485 498 Japan July 16, 1894. IX 1OO 513 Mexico )} Nov. 27,1888. IV 111 546 Morocco Convention Dec. 9, 1856. X 114 576 Muscat Treaty Mar. 19, 1891. vm 116 587 Netherlands.. Oct. 27, 1837. II 119 608 Convention Mar. 27, 1851. I 120 613 Nicaragua Treaty July 28, 1905. VII 127 631 Norway Declaration 16, 1824. 128 639 Paraguay Treaty Oct. 16, 1884. Art. IV 129 643 Roumania ,, 31, 1905. XII 139 711 Russia )? Jan. 12, 1859. VI 14O 723 Salvador Oct. 24, 1862. VII 145 739 Sweden Declaration April 24, 1824. 175 905 United States Convention June 5, 1903. Arts. I and II.... 196 / 996 I 997 Uruguay Treaty Nov. 13, 1885. Art. Ill 198 1001 Venezuela April 18, 1825. v 200 1011 Zanzibar ,, 30, 1886. -A- 202 1025 Harbours. See PORTS. Heligoland. Retention of by Great Britain. Penroark Treaty Jan. 14,1814. Art. Ill Herat. Differences with Persia. British good offices. Persia Treaty Mar. 4,1857. Art. VI. Persian Claims to Sovereignty. Persia Treaty Mar. 4, 1857. Art. VI Recognition of Independence. Persia Treaty Mar. 4,1857. Art. VI Withdrawal of Persian Troops. Persia Treaty Mar. 4,1857. Art. V. Honan open to Trade. China Agreement April 6,1847. 4 Honduras Bay. British Right to cut Logwood. Spain Treaty Feb. 10, 1763. Art. XVII ... Sept. 3,1783. VI Razing of Forts. Spain Treaty Fob, 10, 1763. Art. XVII 51 287 131 654 131 654. 131 654 131 653 25 73 160 857 161 859 160 857 1078 INDEX. Kons- No. Page Application of Treaties to. Eoumania Treaty Oct. 31,1905. Art. XVII 139 j ^ United States Convention Mar. 2,1899. IV 193 1 ^ Uruguay Treaty NOT. 13, 1885. XIV 198 { 1008 Cession to Great Britain. China Treaty Aug. 29, 1842. Art. Ill 22 64 Chinese Debtors at. China Treaty June 26, 1858. Art. XXIII 26 82 Extradition to and from. China Treaty June 26, 1858. Art. XXI 26 81 Interference with Junk Trade. China Agreement Sept. 13, 1876. Sect. Ill, 7 29 109 Hong Abolition of Privileges. China Treaty Aug. 29, 1842. Art. V 22 65 Debts due to British Subjects by. China Treaty Aug. 29, 1842. Art V 22 65 Hospitals. Erection of, &c. China Treaty June 26, 1858. j^j^ 1 and j 26 79 Hostilities. Cessation of. Denmark Treaty Jan. 14, 1814. Art. 1 51 287 Houses. See DWELLINGS. How Lik (Hou-li). Port of Call. China Treaty Sept. 5,1902. Art. X 39 182 Hu-K'ou. Port of Call. China Agreement Sept. 13, 1876. Sect. Ill, 1 29 160 i. ** I " || (Chinese character). Non-application to British Government or Subjects. China '. Treaty June 26, 1858. Art. LI 26 90 I chan?. Open to Trade. China Agreement Sept. 13, 1876. Sect. Ill, 1 29 106 Traffic with Chung King. See CHUNG INDEX. 1079 Importation. See also IMPORTS. Freedom of. Borneo Treaty May 27, 1847. Corea Nov. 26, 1883. Of G-old. See GOLD. Machinery. See MACHINEBY. Silver. See SILVER. Precious Stones. See PRECIOUS STONES. Import Duties. Art. IV , V.... No. 20 44 Page 58 China Treaty Aug. 29, 1842. Art. X 22 66 June 26, 1858. XXY 20 82 Agreement Sept. 13, 1876. Sect. Ill, 6 29 108 Additional Article July 18, 1885. 2 : 3O 110 > Convention Mar. 1, 1894. f Arts.VIIIandl 1 IX / 33 | 125- 126 Congo Dec. 16, 1884. Art. I 42 209 Declaration ,, 16, 1884. 4 43 213 France Convention Sept. 18, 1897. Art. II 64 334 Morocco Dec, 9, 1856. vn 114 574 Netherlands .. Treaty Mar. 17, 1824. II 118 596 Siam June 20, 1826. XIII 141 752 > > April 18, 1855. vin 148 759 Spain Dec. 9, 1713. XII 156 838 14, 1715. ,, I 157 844 Oct. 5, 1750. IY 159 854 United States Convention May 31, 1905. I 195 994 Turkey Capitulations 1675. [Arts. LIV,1 4 LVII, and L LXVII 183 -1 945 946 949 Most-favoured-nation Treatment. Abyssinia Treaty May 14, 1897. Art. IV 1 2 Argentine Feb. 8 1825. IY 2 11 Austria-Hun - Dec. 5, 1876. Arts. II and III 5 25 gary Bolivia Sept. 29, 1840. f IV and! I Add. Art. 11 { s 48 55 China June 26, 1858. Art. XXIV 26 82 Colombia Feb. 16, 1866. HI 41 200 Corea Nov. 26, 1883. ,, x 44 224 Egypt Convention Oct. 29, 1889. II 58 305 Greece Treaty Nov. 10, 1886. II 88 460 Honduras Jan. 21, 1887. II 95 484 Italy June 15, 1883. II 98 497 Japan July 16, 1894. v 1OO 511 Liberia Nov fll 1848. iv 108 538 Mexico 27, 1888. III 111 545 Morocco Convention Dec. 9, 1856. VI 114 574 Muscat Treaty Mar. 19, 1891. ,, VI 116 585 Netherlands.. Oct. 27, 1837. I 119 607 Nicaragua >3 July 28, 1905. III 127 630 Paraguay Oct. 16, 1884. III 129 642 Boumania 31 1905. v 139 709 1080 INDEX. Import Duties continued '. 'No. Page Most-favoured-nation Treatment continued. Russia Salvador Treaty Jan. 12, 1859. Oct. 24, 1862. Art. II V 140 145 721 738 Sweden and Norway Switzerland... Convention Treaty Mar. 18, 1826. Sept. 6, 1855. )> IX IX 176 1*?9 911 919 United States Convention July 3, 1815 II. 18*7 960 May 31 1902 II. 195 994 Uruguay Treaty Nov. 13, 1885. II 198 1000 Venezuela April 18, 1825. IV 2OO 1010 Zanzibar.... 30. 1886. VII... 2O2 1022 National Treatment. Bolivia Treaty Sept. 29, 1810. Art. VI 19 48 Morocco Convention Dec. 9,1856. VII 114 574 Sweden and Treaty Mar. 18, 1826. IV, 116 909 Norway Imports. Carriage of Inland. ^j-iim* -o.giocme.ui/ oepv. 10, loru. ceci. 111, <* XV 1UO In Vessels of either Country. National Treatment. Argentine Treaty Feb. 2, 1825. Art, VI 2 12 Bolivia ... Sept. 29, 1840. VI 19 48 Colombia ,, ... Feb. 16, 1866. VI 4O 201 Denmark June 16, 1824. f Avts. II, 111,1 \ and IV J 53 j 291 295 Egypt. Convention Oct. 29, 1889. Art. V 58 307 France ... Jan. 26, 1826. f II and 1 1 Add. Art, I / 59 j 315 318 Greece Treaty .... Nov. 10, 1886. Art. V 88 461 Italy June 15, 1883. 1 V 98 498 Japan ... July 16, 1894. VIII 1OO 512 Nicaragua 23, 1905. VI 121 631 Roumania , ... Oct. 31, 1905. ix 139 710 Russia .. Jan. 12, 1859. V 140 722 Salvador .... Oct. 24, 1862. iv 145 738 SW NX and } 0o ' ti0 "- ... Mar. 18, 1826. /Arts. Ill and! I IV f 116 { 908 909 United States July 3, 1815. Art. II 181 960 Venezuela Treaty .... April 18, 1825. VI ..... 200 1011 Most-favoured-nation Treatment. Abyssinia Treaty ... May 14, 1897. Art. IV 1 2 Argentine Feb. 2, 1825. IV 2 11 Austria-Hun- ... Dec. 5, 1876. II 5 25 Bolivia .... Sept. 29, 1840. f , IV andl I Add. Art. II / 19 | 48 55 China , June 26, 1858. Art. XXIV 26 82 Colombia ... Feb. 16, 1866. III 41 200 Denmark ,, .... July 12, 1670. VII 50 263 Egypt Convention ... Oct. 29, 1889. II 58 305 France ... Feb. 28, 1882. I 61 322 JtfDEX. 1081 imports continu< Most-fa voured-na Germany Greece ed. tion Treatment con Declaration tinned. April 10, 1886. Nov. 10, 1886. Feb. 21, 1887. June 15, 1883. July 16, 1894. - Nov. 21, 1848. 3 Art, II .... v II.. No. 84 88 95 98 100 108 111 114 119 127 129 132 139 14O 145 176 179 187 198 200 84 114 175 179 Page 453 460 484 497 511 538 545 574 607 630 642 661 709 721 738 911 918 960 1000 1010 453 574 906 918 Treaty Honduras Italy Japan II .. V IV . Liberia Mexico Morocco Netherlands... Nicaragua Paraguay Persia 27, 1888. Dec. 9, 1856. Oct. 27, 1837. July 28, 1905. Oct. 16, 1884. Feb. 9, 1903. Oct. 31, 1905. Jan. 12, 1859. Oct. 24, 1862. Mar. 18, 1826. Sept, 6, 1855. July 3, 1815. Nov. 13, 1885. April 18, 1825. April 10, 1886. Dec. 9, 1856. April 24, 1824. Sept, 6, 1855. HI VI Convention Treaty . I. III. . III II Roumania Russia v II v Salvador Sweden and Norway Switzerland.... United States Uruguay Venezuela National Treatmc Germany^ Morocco Sweden Switzerland... Prohibited. See Convention Treaty Convention Treaty IX II II 3 snt. Declaration Convention Declaration Treaty Art. VI . Art, VIII PKOHIBITIOS-R. Imposts. See TAXES. Indemnity. Cession of Norway to Sweden, Denmark Treaty War Expenses, &c. China Treaty Jan. 14, 1814. Art. X Convention Yunnan Outrage. China .Agreement India. British. Application of Treaties to. Austria-Hun- Treaty gar? Belgium, Exchange of Notes Ecuador Convention Guatemala Aug. 29, 1842. June 26, 1858. Oct. 24, 1860. April 27, 1906. Sept. 13, 1876. April 30, 1868. Aug. 30, 1898. April 26, 1892. Julv 20, 1898. t0 51 , 22 Art. LV 26 III 28 Annex, Art. VI, Declaration x, Art. ] f [, and I 40 \ aration J Sect, I, 5 ........ 29 Art. II Art. II II 11 57 { 94 j 290 64 65 91 98 195 ]98 104 21 34 302- 303 481- 482 1082 INDEX. India continued. No. Page' British. Application of Treaties to continued. Honduras Treaty Jan. 21,1887. Art. XIV 95 489 Protocol Feb. 3,1900. 5 96 496 Muscat Treaty Mar. 19, 1891. Art. II 116 584 Netherlands.. 17,1824. 1 118 595 Paraguay ,, Oct. 16,1884. Protocol 129 649 Koumania Convention May 4,1892. Art. II 131 j ^g Treaty Oct. 31,1905. Declaration......... 139 719 Sweden and\ ^ lft ie9 J Art, VIII and \ _ / 910 Norway } '' Mar. 18, 1826. | Add> Art } U6J gi2 United States Convention July 3,1815. Art. Ill 181 961 Mar. 2,1899. IV 193 j Cession of Netherland Possessions to Great Britain. Netherlands... Treaty Mar. 17, 1824. Art. VIII 118 598 Native States. Application of Treaties to. France Convention Feb 19,1903. Art. IV JO 345 Honduras Treaty Jan. 21,1887. XIV 95 489 Protocol Feb. 3,1900. 5 96 493 Japan Convention Aug. 29, 1904. Art. Ill 1O6 534 Muscat Treaty Mar. 19, 1891. II 116 584 United States Convention 2,1899. IV 193 j Duties on Vinegar and Copperas. France Convention Feb. 19,1903. Art. II 7O 345 Foreign Produce imported into. Most-favoured-nation Treatment. France Convention Feb. 19,1903. Art. II JO 345 Japan Aug. 29, 1904. 1 1O6 533 Frontier Trade with Thibet. See THIBET. Produce. Importation of. Spain Treaty May 23, 1667. Art. VIII 153 794 Produce of. Most-favoured-nation Treatment. France Convention Feb. 19,1903. Art. 1 7O 345 Japan Aug. 29, 1904. II 1O6 534 Indication of Origin on Goods, False. See FALSE INDICATION or OBIGIN. Individuals. Actions of not to affect Good Kelafcions between Countries. Spain Treaty... July 13, 1713. Art. XVII 155 829 Industrial Property. Definition of. G-eneral International Con- Mar. 20, 1883. Final Protocol, 94 373 vention 1 International Bureau. Establishment of. G-eneral International Con- Mar. 20, 1883. Art. XIII ?4 371 vention INDEX. 1083 Industrial Property continued. International Bureau. Expenses of. General ......... Protection of. Australia (Common- wealth) International Con- vention Mar. 20, 1883. Aug. 5, 1907. No. Page Final Protocol, 14 374 56 Accession to Inter- national Con- vention of 1883 and to Addi- tional Act of 1900 Belg- {^r 1C ^ M "-^ 18 *> '{ % 6 6 Additional Act Dec. 14, 1900. 11 j 38 l (_ o\)o P, ., / International Con- "1 M 9f} 1RRq / 366- Jjiazii -\ .. f- iviar. >\j. looo. 14 < n >-m \ vention J \ 376 Additional Act...... Dec. 14,1900 11 { 387 " L o7& f Accession to Inter-" national Con- * -S rd i0 ?o f AdT[^ 1M905 ,{^ tional Act of 1900 Cuba Accession to Inter- Oct. 17 (21), 41 250 national Con- 1904. vention of 1883 and to Addi- tional Act of 1900 Denmark Accession to Inter- Oct. 9,1894 55 298 national Con- vention of 1883 Additional Act Dec. 14, 1900. 11 ( 38 ^" l_ o95 Dominican Ee- Accession to Inter- June 26, 1890 56* 301 public national Con- vention of 1883 Additional Act Dec. 14, 1900. 11 f 387 ~ ^ oi'D rf f International Con- 1 - ork -ooo f 366 France < V Mar. 20, 1883 14 -^ L vention j L dvo Additional Act Dec. 14,1900 11 j 38 ^ f Accession to Inter-"^ national Con- | ^- y rT^f^' M903 ..{^ tional Act of j L 1900 J G-reat Britain Accession to Inter- Mar. 17,1884 14 .376 national Con- vention of 1883 ** { In r naICon -} - 2 -^ '*{ 3 ^ 1 OO/T Additional Act Dec. 14,1900 11^ d j oyo Japan Protocol July 16,1894. 3 IOI 521 ., Accession to Inter- May 4,1899 1O5 -532 national Con- vention of 1883 1084 INDEX. Industrial Property continued. No. Page Protection of continued. Japan.,,.. Additional Act Dec. 14,1900. 77! 387 " L oy> Mexico Accession to Inter- Aug. 13,1903 , 112 554 national Con- vention of 1883 and to Addi- tional Act of 1900 Netherlands, r u :r:r:r "S-Mar. 20,1883 14, m .... Accession of Ne- Aug. 3, 1888 123 624 therland East Indies to Inter- national Con- vention of 1883 .... Accession of Cu- Feb. 28, 1890 125 626 ragao and Suri- nam to Interna- tional Conven- tion of 1883 .... Additional Act Dec, 14,1890 17 { 8 ^Z f Accession to Addi- "j , . ~- New Zealand { tional Act of V May 15,1905 79 ^ "L [ 1900 J Norway Accession to Inter- June 12, 1885 178 914 national Con- vention of 1883 Additional Act Dec. 14,1900 V, -i 395 P ^> { In r nalC D -}Ma, 20,1883 ,4J " Additional Act, ... Dec. 14,1900 7l{ 3 ggg "* { In t;r al Oon - } * a . I8 s - i* { 3 m S-a { r tf alC n -} ^"88 ,4{ 3 ^ , Additional Act Dec. 14,1900 77 { ^gg 366- Spain j International Con- j M 2Q g , 4 j vention 376 Sweden Accession to Inter- June 12, 1885 178 914 national Con- vention of 1883 Additional Act Dec. 14,1900 77 j ^gj Bwll^^{^3^^j'ittk 20, 1883 74 { 366- 376 {387 395 United States Accession to Inter- April 11, 1887 192 985 national Con- vention of 1883 Publication of Periodical Official Paper. General International Con- Mar. 20, ,1883. Final Protocol, 74 374 vention 5 INDEX. 1085 Industrial Property continued. ]S T o. Page Special Government Department for. General International Con- Mar. 20, 1883. Art. XII 74 371 vention Union for Protection of. General International Con- Mar. 20,1883, Art. I 14 368 vention Industry. Freedom of, &c. $ u Most- favoured-nation Treatment. Congo Convention..,.. Dec. 16, 1884. Art. II 42 210 France Feb. 28, 1882. I 61 323 Nicaragua Treaty July 28, 1905. XI 121 633 Eoumania Oct. 31, 1905. H 139 708 Infraction of Treaties by Private Individuals. Morocco ... Treaty Dec. 9, 1856. Art. XXXV 113 569 Spain 9, 1713. ,, XVI 156 839 Convention Oct. 28, 1790. VII 163 870 Sweden Treaty April 11, 1654. XIII 110 885 Oct. 21, 1661. XIV 172 900 Injuries. By Subjects of one State to Subjects of tlie'other. See PUNISHMENT. Private. Denmark.., Treaty Nov. 13, 166?. Art. X 49 255 ,, July 12, 1670. XXXIX ... 50 277 Spain May 23, 1667. III 153 792 July T 8 g, 1670. XIV 154 824 Inland Waters Navigation. See NAVIGATION. Internal. Innovations. Commercial. See COMMEECIAL INNOVATIONS. Insults to British Subjects. Punishment of. China Agreement April 6,1847. 2 25 72 Intercourse. See also COEEBSPONDENCE. Official. China Agreement Sept. 13, 1876. Sect. II, 1 29 104 Internal Duties. See also Li-KiN. Borneo Treaty May 27, 1847. Art. V 2O 58 China Agreement Sept. 13, 1876. j ^Sj^ndV^ *' } 29 { 107 Additional Article July 18,1885. 1 and 2 3O 110 { Arts. Ill and \ I" 173 Treaty Sept. 5,1902. \ vm j 39 j 175 France Convention Feb. 28,1882. Art. IV 61 324 Roumania Treaty Oct. 31,1905. VLII 139 710 Internal Navigation. See NAVIGATION, Internal. [536] 4 B 1086 INDEX. No. Page International Exhibitions. Temporary Protection of Trade-Marks on Goods in. General International Con- Mar. 20, 1883. Art. XI 74 370 vention Interoceanic Canal. See CANAL. Interpreters. Presence of at Trials. See TBIALS. Privileges. Turkey Capitulations Property of Deceased. Turkey Capitulations 1675. /Arts.XLVandl \ LIX 183 J" 939 I 947 940 947 Ionian Intestate Estates. Argentine Treaty Feb. 2,1825. Art. XIII Bolivia Sept. 29, 1840. IX Costa Eica Nov. 27, 1849. IX Denmark........ July 12, 1670. XV Greece Nov. 10, 1886. XIV Honduras Jan. 21, 1887. X Morocco Dec. 9,1856. XVIII.... Paraguay Oct. 16,1884. XI Peru April 10, 1850. VIII Salvador , Oct. 24,1862. XV Spain May 23,1667. XXXIV. Turkey Capitulations 1675. XXVI Uruguay Treaty Nov. 13,1885. X Islands. Application of Treaties to. Eussia Treaty Jan. 12,1859. Art. XVIII... Irrawaddy. Carriage of Minerals, &c., on. China Convention Mar. 1, 1894. 2 15 19 51 45 244 50 267 88 465 95 488 113 563 129 616 133 694 145 742 153 804 183 933 198 1003 Art. XII... 140 33 727 127 Jamaica. Application of Treaties to. United States Convention Mar. 2,1899. Art. IV French Produce. Most-favoured-nation Treatment. France Convention Aug. 8,1902. Art. II Produce of. Most-favoured-nation Treatment. France Convention Aug. 8,1902. Art. I Java. Restoration to Netherlands. Netherlands... Treaty ;..... Mar. 17, 1824. Art. XVI 193 988 990 69 343 69 343 118 600 INDEX. 1087 Jenclman. See CHEMULPO. No. Page Joint Stock Companies, &c. Eights and Privileges of. Belgium Convention Nov. 13, 1862 9 31 China Treaty Sept. 5,1902. Art. IV 39 173 France Convention April 30, 1862. Arts. I and II... 6OJ j~ Germany....... Declaration..... Mar. 27,1874. 82 447 Greece Agreement Aug. 4, 1888. 89 469 Italy Declaration Nov. 26, 1867 91 495 Eussia Agreement Dec. f, 1904 143 733 Spain Declaration Jan. 29,1883 167 875 Judgre Conservator. Appointment of. Spain Treaty Dec. 9,1713. Art. XV 156 839 Judges. Appointment in Chienginai, Lakon, and Lampoonchi. See CHIENGMAI, LAKON, AND LAMPOONCHI. Judicial System of China. Eeform of. China Treaty Sept. 5,1902. Art. XII 39 182 Junks Chartered by British Subjects. Papers and Flags for. China Additional Article Mar. 31, 1890. IV 32 118 Payment of Port Dues. China Additional Article Mar. 31, 1890. IV 32 118 Junk Trade. China Agreement Sept. 13, 1876. Sect. Ill, 7 29 109 Additional Article Mar. 31, 1890. I-IV 32 j 1 ^~ Treaty Sept. 5,1902. Art. Ill 39 173 Jurisdiction. Consular. See CONSTJLAB JUBISDICTION. Maritime. See MABITIME JUBISDICTION. Justice. Administration of. China Treaty June 26, 1858. Art. XVI.. 26 80 Agreement.. Sept. 13, 1876. j ^^/g' ^ 2 } 29 { ^g Treaty 5, 1902. Art. XII 39 182 Congo Convention Dec. 16,1884. Arts. V to IX.... 42 j ^n Denmark Treaty Feb. 13,166". Art. XVI 49 258 T i 19 ifi>7n / Arts - XXII \ ft f 271 July 12 > 1670 - 1 and XXIV / 50 | 272 Greece Nov. .10, 1886. Art. XV 88 465 [536] 4 B 2 1088 Justice continued. Administration of continued. INDEX. No. Page Morocco Spain Treaty . Dec. 9, 1856. 3 "Arts. VIII to] XII, and XIV J Art. VII XV 11*1 559 - 113 1 561 .. 155 826 . 156 839 .... July 13, 1713. . Dec. 9, 1713. Sweden April 11, 1654. vm VIII III . 170 882 .. 172 896 .. 182 923 C 929 | 933 183 { 938 950 L 951 2 13 200 1012 " .... Oct. 21, 1661. Nov. 29. 1879. Tonga Turkey Administration of Argentine Venezuela Administration of Bolivia Colombia Costa Rica Capitulations 1675. - Most-favoured-nation Treatment. Treaty Feb. 2. 1825. fArts. IX to~^ XI, XV, XXIV, XXV, XLII, LXIX, and L. LXX1II J Art. IX IX.. .... April 18, 1825. tment. Sept. 29, 1840. National Trea Treaty Art. IX 19 50 XVIII 41 206 IX 45 243 V 95 486 XVI 98 503 I 100 509 VI Ill 548 XVI 127 635 VII 129 644 Arts. VII and 133 693 VIII Art. Ill 139 708 .... Feb. 16, 1866. . Nov. 27, 1849. Honduras Italv .... Jan. 21, 1887. .... June 15, 1883. July lf>, 1894. ijr .. Japan Mexico Nicaragua .... Nov. 27, 1888. July 28, 1905. Paraguay Peru .... Oct. 16, 1884. April 10, 1850. Roumania .... Oct. 31, 1905. Russia Jan. 12, 1859. XII XIV III .. 140 725 .. 145 742 .. 179 917 Salvador .... Oct. 24, 1862. Switzerland ... .... Sept. 6, 1855. .... Nov. 13, 1885. .... April 18, 1825. Uruguay ... Venezuela v ix .. 198 1002 .. 200 1012 Kau Kong; (Chiu-chiang). Port of Call. China Treaty Sept. 5,1902. Art. X. Kedah. See QUEDAH. Kelantan. See CALANTAN. Klang Hung;. Cession to China. China Convention.. Mar. 1,1894. Art. V. 39 182 33 123 INDEX. 1089 Kiang II 11 ii;? continued. No. Page Non- cession by China to any Power. China Agreement Feb. 4,1897. Art. V 34 133 Kif Monopoly in Morocco. See MOROCCO. Kiungr-Chow (Hainan). Open to Trade. China Treaty June 26, 1858. Art. X 26 78 Koolangsoo. Retention by Great Britain. China Treaty Aug. 29, 1842. Art. XII 22 67 Komchuk. Port of Call. China. Agreement Feb. 4,1897. Special Art 34 136 Kongr Kim. Open to Trade. China Agreement Feb. 4,1897. Special Art 34 136 Kongmoon. Opening of to Trade. China Treaty Sept. 5,1902. Arts.VIlI and X 39 j ^ Port of Call. China Agreement Feb. 4,1897. Special Art 34 136 Kowloon. Cession to Great Britain. China Convention Oct. 24,1858. Art. VI 28 100 Kulow (Ku-lao). Port of Call. China Treaty Sept. 5,1902. Art. X 39 182 Labuan. Application of Treaties to. United States Convention ............ Mar. 2,1899. Art. IV ............. 193 j ^ Labuan and Adjacent Islands. Cession to Great Britain. Borneo ........... Treaty ................... May 27, 1847. Art. X ................ 2O 60 Lagos. Application of Treaties to. Belgium ......... Exchange of Notes Jan. 5,1899 ............................. 15 39 Honduras ...... Treaty ................... 21,1887 ........ ..................... 95 494 United States Convention ............ Mar. 2,1899. Art. IV .............. 193 | Q90 Uruguay ........ Treaty ................... Nov. 13, 1885. XIV ........... 198-f 1QO g Laken. Appointment of Siamese Judge. Siam .............. Treaty .................... Sept. 3,1883, Art, VIII .......... 151 783 1090 INDEX. Lakon continued. No. Page Courts. Production of Evidence. Siam Treaty Sept. 3,1883. Art. X 151 785 Cutting of Timber. Conditions. Siain Treaty Sept. 3,1883. Art. XI 151 785 Extradition to and from Burmah. Siam :... Treaty Sept. 3,1883. Art. VI 151 782 Trade with. Siam Treaty.. Sept. 3 : 1883. Art. II 151 781 Lampoonchi. Appointment of Siamese Judge. Siam Treaty Sept, 3,1883. Art. VIII 151 783 Courts. Production of Evidence. Siam Treaty Sept. 3, 1833. Art. X 151 785 Cutting of Timber. Conditions. Siam Treaty Sept. 3, 1883. Art. XI 151 785 Extradition to and rom Burmah. Siam Treaty Sept. 3, 1883. Art. VI 151 782 Trade with. Siam Treaty Sept. 3,1883. Art. II 151 781 Land. Claims. Germany Declaration April 10, 1886. 4 84 453 Expropriation of in Morocco. See MOROCCO. Hiring, &c., of. Congo Convention Dec. 16,1884. Art. II 42 210 Declaration 16,1884. 5 43 213 Corea Treaty Nov. 26, 1883. Art. IV, 2 44 217 and 4 Landed Property. See REAL PBOPEBTY. Landing: Dues. France Convention Feb. 28,1882. Art. VIII 61 326 Language. Of Official CommunicatioEs. China Treaty June 26, 1858. Art. L 26 90 Corea Nov. 26, 1883. XII, 2 .. 44 224 Of Treaties. Text to be adhered to. Bolivia Treaty Sept. 29, 1840. Add. Art. III.... 19 55 China Convention April 27, 1906. Art. V 4O 193 Corea Treaty Nor. 26, 1883. XII, 1 .... 44 224 Muscat 19,1891. XXII 116 592 Law Courts. See TRIBUNALS. INDEX. 1091 Laws. Alterations in. Mexico Treaty Nov. 27, 1888. Art. Ill No. Page 111 546 Lawyers. Employment of. Bolivia Treaty Sept. 29, 1840. Art. VIII Costa Rica ..... Nov. 27, 1849. VIII 19 45 Leeward Islands. Application of Treaties to. Roumania Treaty Oct. 31, 1905. Art. XVII United States Convention Mar. 2,1899. IV Uruguay Treaty.... Nov. 13, 1885. XIV Legal Rights. Most-favoured-nation Treatment. France Convention Feb. 28, 1882. Art. I... 193 198 61 50 243 712 713 988 990 1005 1008 323 Letters. Of Reprisal and Marque. Spain Treaty July -fa, 1676. Transmission of. Siam Treaty June 20, 1826. Lhasa. Free Communication with British Frontier. China .*. Convention April 27, 1906. Art. IV 154 821 . Art. XI 141 751 Annex, Art. VIII 4O 196 Liberty of Conscience. Argentine. Treaty Feb. 2, 1825. Art. XII 2 14 Bolivia Sept. 29, 1840. XIII 19 52 Colombia Feb. 16, 1866. XV 41 204 Costa Rica ,, Nov. 27, 1849. XIII 45 245 Honduras ,, Jan. 21, 1887. VII 95 486 Japan ,, July 16, 1894. ,, I 100 509 Mexico ,, Nov. 27, 1888. VIII 111 549 Muscat Mar. 19, 1891. xx 116 591 Paraguay Oct. 16, 1884. IX 129 645 Peru ,, April 10, 1850. XIII 133 696 Salvador Oct. 24, 1862. XVIII 145 743 Spain May 23, 1667. XXVIII... 153 802 Uruguay Nov. 13, 1885. VII 198 1003 Venezuela April 18, 1825. XII 200 1013 Zanzibar April 30, 1886. XXIII 2O2 1029 Licences. Trade and Navigation. Spain Treaty Light and Lighthouse Dues. Argentine Treaty July T %, 1670. Art. IX 154 823 Bolivia Colombia France Convention , Feb. 2,1825. Art. V 2 12 July 10, 1853. IV ..'.. 3 17 Sept. 29, 1840. V 19 48 Feb. 16,1866. VII 41" 202 Jan. 26, 1826. 1 59 315 1092 INDEX. Light and Lighthouse Dues continued. ]N T o. Page Greece Treaty Nov. 10, 1886. Art. VI 88 462 Italy .... June 15, 1883. VI 98 498 Japan July 16, 1894. IX 1OO 513 Muscat , Mar. 19, 1891. VIII 116 587 Netherlands... Oct. 27, 1837. II 119 608 ... Convention Mar. 27, 1851. 1 12O 613 Nicaragua Treaty July 28, 1905. VII 121 631 Norway Declaration 16,1824 128 639 Eoumania Treaty Oct. 31,1905. Art. XII 139 711 Eussia Jan. 12,1859. VI 14O 723 Salvador Oct. 24,1862. VII 145 739 Sweden Declaration April 24, 1824 175 905 f QQfl United States Convention June 5, 1903. Arts. I and II... 196 1 QQ ^ Venezuela Treaty April 18, 1825. Art. V 2OO 1011 Lighterage Charges. Morocco Convention Dec. 9, 1856. Art. XI 114 578 Lighters. Use of. Morocco Convention Dec. 9, 1856. Art. XI 114 578 Lighthouses, &c. Erection of. China Treaty June 26, 1858. Art. XXXII 26 85 Light-ships. Distribution of. China Treaty June 26, 1858. Art. XXXII .... 26 85 Li-kin. Area for collection of on Foreign Groods. China Additional Article July 18, 1885 3O 110 Areas of Foreign Concessions exempt from. China Agreement Sept. 13, 1876. Sect. Ill, 1 29 106 and 6 Collection of at Ports of Call. China Agreement Sept, 13, 1876. Sect. Ill, 1 29 107 and 6 On Goods carried by junks from Hong Kong to Treaty Ports. China Treaty Sept. 5,1902. Art. Ill 39 173 On Opium. China. Agreement. Sept. 13, 1876. Sect. Ill, 3 29 107 Additional Article July 18, 1885. 2 3O 110 System of Levying, &c. China Treaty Sept. 5,1902. Art. VIII 39 175 Lingin Island. Non-interference with. Netherlands... Treaty Mar. 17, 1824. Art. XII 118 599 Loans. Forced. See FOBCED LOANS. INDEX. 1093 Local Dues. Most -favoured-nation Treatment. No. Page France Convention Feb. 28,1882. Art. I 61 323 Honduras Treaty Jan. 21,1887. II 95 484 Mexico Nov. 27, 1888. III Ill 545 Paraguay Oct. 16,1884. III 129 643 Uruguay Nov. 13, 1885. II 198 1000 Logwood. Eight to Cut. Spain Treaty Feb. 10,1763. Arc. XVII 16O 857 Sept. 3,1783. VI 101 859 863 865 868 TArts. Ill,] I" Convention July 14,1786. 4 VIII, and I 162^ Declaration J Lo Ting Hau (Lo-ting K'ou). Port of Call. China Treaty Sept. 5,1902. Art. X 39 182 Luchi-K'ou. Port of Call. China Agreement Sept. 13, 1876. Sect. Ill, 1 .... 29 106 Luk Pu (Lu-pu). Port of Call. China Treaty Sept. 5,1902. Art. X 39 182 Luk To (Lu-tu). Port of Call. China Treaty Sept. 5,1902. Art. X 39 182 Lumber. Duty on. United States Treaty May 8, 1871. Art. XXXI 19O 908 M. Machinery . Importation of. France'. .......... Convention ........... June 28, 1882. Art. V ................ 61 324 Mali Ning (Ma-ning). Port of Call. China ............. Treaty .................... Sept. 5,1902. Art. X ................ 39 182 Mahometan British Subjects. Bights and Privileges. Morocco ......... Treaty .................. Dec. 9, 1856. { x U 113 Mail Packets. Privileges. Bolivia .......... Treaty .................... Sept. 29, 1840. Art. II ............... 19 47 Costa Rica ..... .................. Nov. 27, 1849. II... ............ 45 241 Morocco ........ .................... Dec. 9,1856. XXVII... 113 566 Peru ............... ................... April 10, 1850. II ............... 133 692 Salvador ......... ................... Oct. 24, 1862. II ............... 145 737 Malacca. Cession to Great Britain. Netherlands.. Treaty.... ................ Met. 17, 1824. Art. X ................ 118 599 1094 INDEX. Malta. No. Page Application of Modus Vivendi to. Belgium Exchange of Notes Nov. 5,1898 12 36 Application of Treaties to. f ^19 Roumania Treaty Oct. 31,1905. Art. XVII 139J ^ Uruguay Nov. 13,1885. XIY 198 { Manufactures. Most-favoured-nation Treatment. Salvador Treaty Oct. 24,1862. Art. II 145 737 Manwyne. Burmah-China Frontier Trade to go via. China Convention Mar. 1,1894. Art. IX 33 125 Maritime Jurisdiction. Mexico Treaty Nov. 27, 1888. Art. IV.. Ill 547 Martin Garcia Island. Argentine.... Treaty July 10,1853. Art. V 3 17 Mastaria Duty. Turkey Capitulations 1675. Art. LII 183 943 Matto Grosso. Paraguay Treaty Oct. 16,1884. Protocol 129 649 Mauritius. Application of Treaties to. Honduras Treaty Jan. 21, 1887 OS 494 United States Convention Mar. 2,1899. Art, IV 193 j ^ Uruguay Treaty Nov. 13, 1885. XIV 198 {lQ08 Measurement Duty. Abolition. Siam Treaty April 18, 1855 148 759 Measures. See WEIGHTS AND MEASTJEES. Meltage Fees. China Agreement Nov. 8,1858. Rule 9., 2? 96 Merchandize. See Q-OODS. Merchants. Defrauding of. Siam Treaty June 20 ; 1826. Art. VI 14* 750 Michigan. Lake. Navigation. United States Treaty May 8,1871. Art. XXVIII ... 19O 979 Military Requisitions. See FOKCED LOANS, &c. INDEX. 1095 Military Service. Exemption from. No. Page Argentine... ... Treaty Feb. 2, 1825. Art. IX 2 13 Bolivia Sept. 29, 1840. X 10 51 Colombia.... ,, Feb. 16, 1866. XVI 41 205 Costa Rica. ,, ; ; Nov. 27, 1849. X 45 244 France ... Convention Feb. 28, 1882. XI 61 327 Greece ... Treaty Nov. 10, 1886. XIII 88 464- Honduras.... Jan. 21. 1887. VI OS 486 Italy ,, June 15, 1883. XIV OS 501 Japan July 16, 1894. II 100 509 Mexico ?) Nov. 27, 1888. VII Ill 548 Morocco Dec. 9, 1856. . IV 113 557 Nicaragua... > July 28, 1905. XIV 12* 634 Paraguay.... 5) Oct. 16, 1884. VIII 12O 644 Peru ,, April 10, 1850. IX 133 694 Roumania.. ,, Oct. 31, 1905. IV 13O 709 Russia Jan. 12, 1859. XIV 14O 726 Salvador 5> Oct. 24, 1862. XVI 145 742 Switzerland J> Sept. 6, 1855. V 110 917 Uruguay ,, Nov. 13, 1885. VI 108 1002 Venezuela. April 18, 1825. IX 2OO 1012 " Milones" or " Mi lion " Duties on Fish. Spain ... Treaty Dec. 9, 1713 r Art. VIII 156 { 836 843 Mines, Mining , &c. See also MOROCCO. China ... Treaty Sept. 5, 1902. Art. IX 30 181 Congo ... Convention Dec. 16, 1884. II 42 210 .... Declaration ,, 16, 1884. 5 43 213 Salvador ... Treaty Oct. 24, 1862. Art. II 145 737 Ministers. See DIPLOMATIC REPEESEKTATIVES. Mission. Burmese to China. See BURMAH. British to Thibet. See THIBET. Indian to Yunnan. See YUNNAN. Missionaries. China.... Art. XIII ... Treaty Sept. 5, 1902. Mixed Cases. See TRIALS. Mixed Commission. Reference of Claims to. See CLAIMS. Mixed Court at Shanghae. See SHANGHAE. Modus Vivendi. Belgium Exchange of Notes July 27, 1898 Aug. 30, 1898. (British India).. Nov. 5,1898. (Malta) . 25,1898. (Cyprus) Dec. 6, 1898. (Newfoundland) Jan. 5, 1899. (Ceylon and Lagos) Feb. 6, 1899. (Queensland) 10 11 12 13 14 15 16 183 33 34 36 37 38 41 1096 INDEX. Molucca Islands. Application of Treaties to. No. Page Netherlands... Treaty Mar. 17, 1824. Art. VII 118 598 Moineln. Appointment of British Consul. China Agreement Feb. 4,1897. Art. X 11 1 34 135 Monopolies. Morocco Convention Dec. 9, 1856. Art. II 114 572 Muscat Treaty Mar. 19, 1891. IV 116 585 Netherlands... >j 17, 1824. VII 118 598 Zanzibar April 30, 1886. IV 202 1022 Kif, Opium, and Tobacco in Morocco. See MOROCCO. Morocco. Acquisition of Property by Foreigners. General General Act April 7, 1906. Art, LX 80 426 Ad Valorem Import Duty on Foreign Goods, General General Act April 7, 1906. Art. LXVI 80 428 Affairs of. Austria -Hun- General Act April 7, 1906. 8O | 445 gary Belgium )i 7, 1906. , 80 { 408- 445 France 7, 1906. 80 { 445 Germany > 7, 1906. 8O { 445 Italy 7, 1906. 8 { 445 Morocco 7, 1906. 8O r 445 Netherlands... 7, 1906. 8O { 445 Portugal 7, 1906. 80 { 445 Kussia 7, 1906. 8O { 445 Spain >* 7, 1906. 8O { 408- 445 Sweden 7, 1906. 8O { 445 United States 7, 1906. 80 { 445 Anchorage Dues. General General Act April 7, 1906. Art. LXX 80 429 British Diplomatic Support to France in. France Declaration April 8, 1904. Art. IX 13 353 British Officials in. France Declaration April 8, 1904. Art. V 73 352 Coasting Trade. France Declaration April 8, 1904. Art. II 13 351 eneral General Act 7,1906. LXIX 80 429 INDEX. ] 097 Morocco continued. No. Page Cork Forests Concessions. General .......... General Act .......... April 7,1906. Art. CXI ............ 8O 438 Customs Kegulations. General .......... General Act .......... April 7,1906. | Aj Jj'ciy XVI1 } { ^37 Dues on Goods in Bond. General .......... General Act .......... April 7,1906. Art. LXXI ....... 8O 429 Export Duties. Reduction of. General .......... General Act .......... April 7,1906. Art. LXVII ....... 8O 428 Exportation of Cattle. General .......... General Act .......... April 7,1906. Art. LXVIII .... SO 428 Expropriation of Land for Public Works. [Arts. CXIII,] f General .......... General Act .......... April 7,1906. < CXIV, CXVI I 80^ Q I toCXIX J l 439 Freedom of Commerce in. France ............. Declaration ............ April 8,1904. Art. IV .............. 13 351 Importation of Arms, &c. General .......... General Act .......... April 7,1906. f^j 1 tO } o{ Kif Monopoly. General General Act April 7,1906. Art, LXXII 8O 429 Mining, &c., Concessions. General General Act April 7,1906. Art. CXII 8O 438 Opium Monopoly. General General Act April 7,1906. Arts.LXXIIand 8O 429 LXXIV Police Organization. General General Act April 7,1906. Arts. I to XII.... 8OJ 4 ^~ Political Status. France Declaration April 8,1904. Art, II 13 351 Protection of Trade-marks. See TEADE-MAEKS. Public Service and Public Works. General General Act April 7,1906. f^rvrv' t(> l 8O { 4 ^~ 1 439 Road and Railway Concessions in. France Declaration April 8,1904. Art. IV 13 352 Spanish Interests in. France Declaration April 8,1904. Art, VIII 13 353 Stamp, &c., Duties. General General Act April 7,1906. Art. LXV SO 427 State Bank. Establishment. General General Act April 7, 1906. j ^o'L^H? 1 } 8O { Taxes, &c. General General Act April 7, 1 906. j ^XXVT ^ } 8 1098 INDEX. Morocco continued. Tobacco Monopoly. General General Act Transit to through Africa. France Declaration.. Morphia. Importation of. China Treaty April 7, 1906. Arts. LXXIII SO and LXXIY .... April 8,1904 Art. IY No. Paga 430 Sept. 5, 1902. Art. XI 39 Mosquito Territory. Evacuation by British Colonists. o n - T i i A -ihoa f Arts. I, XI to 1 Spam .............. Convention ............ July 14, 1786. -j XI y' 1G2 Most-favourcd-nation Treatment. See also BOUNTIES, BEOKEEAGE, CAEGOES, COASTING TBADE, COMMEECE, EXPOET DUTIES, EXPOETS, IMPOET DUTIES, IMPOETS, NAVIGATION, PROHIBITIONS, RE-EXPOET- ATION, EESIDENCE, TAEIPF, TAXES, TBADE, TEADE-MAEKS, TEANSIT, TEAVEL, VESSELS, WAREHOUSING, &c. 351 182 862 866 867 Exceptions to. Austria-Hun- gary Denmark Egypt France Treaty Dec. 5, 1876. Feb. 13, 166f Oct. 29, 1889. Sept. 18, 1897. Feb. 3, 1900. July 28, 1905. Oct. 31, 1905. Jan. 12, 1859. Aug. f , 1904. July 15, 1899. July 27,1898. Aug. 30, 1898. Nov. 5, 1898. 25, 1898. Dec. 6, 1898. Jan. 5, 1899. Feb. '6, 1899. April 26, 1858. Mar. 1, 1894. Dec. 16, 1884. Feb. 13, 166"-. July 12, 1670. Nov. 21, 1848. Dec. 9, 1856. .., 9, 1856. Mar. 19, 1891. Mar. 4, 1857. April 18, 1855. Art. IY 5 49 { 64 96 121 139 14O 142 199 10 11 12 13 14 15 16 26 33 42 49 SO 108 113 114 116 131 148" 26 256 305 309 312 334 493 638 719 729 732 1008 33 i 34 36 37 38 39 41 91 129 210 261 278 538 564 571 584 656 760 . Convention XIII /Arts. II, IX, I \ and XIII / Art, I 4 Honduras Nicaragua Treaty Protocol 1 Declaration /Sep. Arts. I \ I and II / Art. I . . Russia Uruguay General. Belgium China Congo Denmark > Convention Exchange of Notes )) J3 5) 5) Treaty ' Convention Treaty (British India).. (Malta) (Cyprus) (Newfoundland) (Ceylon and Lagos) (Queensland).... Art. LIY XVII...... III XXIV XL , II Morocco Muscat .. . xx : i..... n XII Convention TVpfltv - Persia :. '-: Siam... . Convention .......... : ,, x ... INDEX. 1099 Most-favoured-nation Treatment continued. G-eneral continu ed. Spain Convention May 23, 1667. , July 13, 1713. , Oct. 5, 1750. Exchange of Notes July f, 1894. Dec. |f,1894. Sweden Treaty July 17, 1656. Feb. 5, 1766. Nov. 29, 1879. 1675. No. Page Tonga Turkey Capitulations Zanzibar Treaty April 30, 1886. Mungleni. Cession to China. China Convention Art. XXXVIII IX , VII... 153 805 155 828 159 855 168 876 169_ _ 878 Art. VIII Ill 892 II 113 902 II 182 ' 923 XVIII 183 931 . II... 202 1021 Mar. 1, 1894. Art. V Non-cession by China to any other Power. China Convention Feb. 4,1897. Art. V Municipal Functions. Exemptions from. Colombia Treaty Feb. 16, 1866. Art. XVI ... Greece Nov. 10, 1886. ,, XIII .. Nicaragua July 28, 1905. ,, XIV.... Roumania Oct. 31,1905. IV Russia.... . Jan. 12, 1859. XIV.... 33 34 123 133 41 205 88 464 121 634 139 709 140 726 Municipal Regulations. Corea Treaty... Municipal Taxes. See TAXES. Munitions of War. Trade in. Sweden Treaty Nov. 26, 1883. Art. IV, 7 44 219 April 11, 1654. Art. IX HO 883 N. Nanking. Evacuation of by British Troops. China Treaty Aug. 29, 1842. Art. XII Natal. Application of Treaties to. Costa Rica Convention Mar. 5,1898. Art. II... Ecuador ........ Egypt ........... Greece ............ Treaty Italy ............... ............ Aug. 26, 1892. ........... Oct. 29, 188!). Nov. 10,1886. June 15, 1883. Mexico ........... ................... Nov. 27, 1888. II .............. ,, XV ............ XVII ...... XIX ......... , XIV ...... 46 58 88 111 67 248 249 302 303 312 313 466 469 503 506 551 553 1100 INDEX. Natal. Application of Treaties to continued. No. Page Muscat Treaty Mar. 19, 1891. Art. XXI 116 j 593 647 650 Paraguay , Oct. 16,1884. XV 129 -f Roumania Convention May 4,1892. II 13? j ^3 Salvador Agreement June 23, 1886. 2 146 j ^ Nationals. Returning voluntarily or by Judicial Sentence. Reception of. Switzerland... Treaty Sept. 6,1855. Art. II 1*9 916 National Treatment. See also BOUNTIES, CARGOES, COASTING TRADE, COMMERCE, EXPORT DUTIES, EXPORTS, IMPORTS, IMPORT DUTIES, NAVIGATION, POLICE OF PORTS, RESIDENCE, SALVAGE, TAXES, TRADE, TRADE MARKS, TRANSIT, TRAVEL, VESSELS, WARE- HOUSING, &c. Exceptions. France Convention Jan. 26, 1826. Art. II 59 316 National Vessels. See VESSELS. Natire Boats. See BOATS. Natives. Disputes with British Subjects. See DISPUTES. Employment of. China Treaty June 26, 1858. Art. XIII 26 79 Corea Nov. 26, 1883. IX 44 223 Siam April 18, 1855. VI 148 758 Punishment of British Subjects for Offences against Natives. See PUNISHMENT. Punishment of for Offences against British Subjects. See PUNISHMENT. Navigation. Belize River. See BELIZE RIVER. Black Sea. See BLACK SEA. Canals. United States Treaty May 8,1871. Art. XXVII 19O 979 Canton River. See CANTON RIVER. Elbe. See ELBE. Freedom of. Argentine .. Treaty Feb 2 1825 Arts II and III 2 H Bolivia Congo f) Convention .... Sept. 29, 1840. .... Dec. 16, 1884. II and III Art. II.. 19 42 47 210 Declaration . . ,, 16, 1894 5.. 43 213 Costa Rica .. . Treaty Nov 27, 1849 Arts Hand III j Denmark .... Feb. 13, 166. Julv 12. 1670. r, XX X I 49 SO 259 265 Navigation continued. INDEX. 1101 No. Page Freedom of continued. Egypt Convention Oct. 29, 1889. Art. I 58 304 Japan Treaty July 16, 1894. III 1OO 510 Muscat ,, Mar. 19, 1891. IV 116 584 Netherlands... ty Oct. 27, 1837. I 119 607 Nicaragua July 28, 1905. I 12T ~ 629 Peru April 10, 1850. II 133 692 Roumania Oct. 31, 1905. I 139 707 Russia Jan. 12, 1859. I 14O 721 Salvador Oct. 24, 1862. ,, II 145 737 Spain May 23, 1667. f Arts. IV and ) j XI / 1-3/ 792 lo3 \ 796 July 13, 1713. Art. VIII 155 827 Sweden April 11, 1654. / Arts. Ill and ] 1 xv | 170 | 881 \ 885 ,, Oct. 21, 1661. Art. Ill 172 894 Turkey Capitulations 1675. I 183 927 United States Convention July 3, 1815. I 181 959 Venezuela Treaty April 18, 1825. II 200 1010 Zanzibar , - 30, 1886. IV 202 1021 Internal. Argentine Treaty July 10, 1853. Art, III 3 17 China Regulations . 28, 1898. 35 137 , Supp. Rules Sept. 189S. 31 142 Treaty 5, 1902. /Art, X and> 1 Anne* C. / i / 181 9 \ 188 Egypt Convention Get, 29, 1889. Art. V 58 306 Interoceanic Canal. See CANAL, Irrawaddy. See IRSAWADDY. Lake Michigan. See MICHIGAN. Most-favoiired-nation Treatment. Argentine Treaty Feb. 2, 1825. Art. Ill 2 11 Austria-Hun- April 30, 1868. I 4 21 Bolivia Sept. 29, 1840. HI 19 47 Colombia 3> Feb. 16, 1866. II 41 200 Congo Convention Dec. 16, 1884. II 42 210 Costa Rica Treaty Nov. 27, 1849. IV 45 242 Egypt Convention.... ....... Oct. 29, 1889. IV 58 306 Greece Treaty Nov. 10, 1886. x 88 463 Honduras Jun. 21, 1887. I 95 483 Italy June 15, 1883. XI 98 500 Japan July 16, 1894. XV 1OO 516 Liberia ,, Nov. 21, 1848. VII 1O8 540 Mexico 27, 1888. Arts, II and IV. 111/ 545 - 1 1 546 Netherlands . Oct. 27, 1837. Art. I 119 607 Nicaragua July 28, 1905. Arts. I and XI . 121 / - 629 \ 633 Paraguay Oct. 16, 1884. Art. II 129 642 [536] 4 c 1102 INDEX, Navigation continued. No. Page Most-favoured-nation Treatment 'continued. Roumania Treaty Oct. 31,1905. Ait. II , 139 708 Russia Jan. 12, 1859. ,, X 14O 724 Agreement Aug. -if, 1896. 1 142 731 Salvador Treaty Oct. 24,1862. II 145 737 Spain '. July 13.1713. ,, IX 155 828 , Dec. 9, 1713. II 156 831 Sweden , Oct. 21,1661. IV 172 894 Convention Mar. 18, 1826. IX 176 911 Uruguay Treaty Nov. 13, 1885. I 198 999 Venezuela April 18, 1825. III 2OO 1010 Zanzibar , 30,1886. II 2O2 1020 National Treatment. Austria-Hun- Treaty April 30, 1868. 1 4 21 gary Colombia Feb. 16, 1866. II 41 200 Egypt Convention Oct. 29,1889. ,, I 58 304 Greece Treaty Nov. 10, 1886. 1 88 459 Italy , June 15, 1883. 1 98 496 Nicaragua , July 28, 1905. 1 127 629 Roumania Oct. 31,1905. 1 139 707 Russia Jan. 12, 1859. 1 14O 721 Salvador Oct. 24, 1862. II 145 737 Sweden Declarations April 24, 1824 175 I g g Sweden and Convention Mar. 18, 1826. Art. X 17 911 Norway Pacific and South Seas. Spain ,. Convention Oct. 28,1790. Arts. Ill and IV 163 ( ^ Parana River. See PARANA RIVER. Paraguay River. See PARAGUAY RIVEE. Porcupine River. See POECUPINE RIVEB. Rio Hondo. See Rio HONDO. Rivers in Time of War. Argentine Treaty July 10,1853. Art. VI 3 18 St. Clair Flats Canal. See ST. CLAIR FLATS CANAL. St. Lawrence Canal. See ST. LAWRENCE CANAL. St. Lawrence River. See ST. LAWEENCE RIVEE. Stickine River. See STICKINE RIVER. Uruguay River. See URUGUAY RIVER. Wallis or Belize River. See WALLIS OR BELIZE RIVEB. Welland Canal. See WELLAND CANAL. Yukon River, See YUKON RIVER. INDEX. 1103 Newcliwang open feo Trade. No. Page China. Treaty June 26, 1858. Art. XI 26 79 Newfoundland. Application of Treaties to. Belgium Exchange of Notes Dec. 6,1898 14 33 Ecuador Convention Aug. 26, 1892. Art. II.... &?/ 302 303 312 313 466 469 481 482 503 506 551 553 Muscat Mar. 19, 1891. XXL... ll| ?91 ^ DiJtf Paraguay Oct. 16,1884. XV 1X9 ( ^l 7 , J_ OOvJ 702 703 March 20 i ono T7T iocJ ^05 Egypt ...... . ..... ............ Oct. 29,1889. XV ............. 58 j Greece ............ Treaty .......... . ......... Nov. 10, 1886. XVII ......... 88J Guatemala.... Convention ............ July 20,1893. II.'. .............. 94-T Italy ........ ...... Treaty .................... June 15, 1883. XIX .......... 9SJ Mexico ............ .................... Nov. 27, 1888. XIV ........... Ill/ Roumank ...... Convention ............ May 4,1902. II ................ 13*j{ 1893. VI 138 706 Salvador ......... Agreement ............. June 23, 1886. 2 ...................... 146-f Zj United States Convention ............ Mar. 2,1899. Art. IV .............. 193 j ^ Uruguay ........ Treaty .................... Nov. 13, 1885. XIV ........... 198 {l008 Cod-fish. Duties on. Greece ........... Declaration ............ Nov. , 1904. 3 ..................... 93 477 Duties on Currants in. Greece ........... Declaration ............ Nov. g, 1904. 3 ...................... 93 477 Fisheries. See FISHERIES. Fishery Bights of Guipuscoans. Spain ............ Treaty .................... Feb. 10, 1763. Art. XVIII ....... 16O 853 New Guinea. Application of Treaties to. Honduras ...... Treaty .................... Jan. 21, 1887 ............................. 95 494 South Wales. Application of Treaties to. Costa Eica ..... Convention ............ Mar. 5,1898. Art. II ................ 4OJ 249 Honduras ....... Treaty .................... Jan. 21,1887. XIV ....... .... 9SJ Italy .............. ..................... June 15, 1883. XIX.. ....... 9*{ Salvador ......... Agreement ............. 23,1886. 2 ...................... 146 1 494 503 506 746 747 New Zealand. Accession to Industrial Property Convention. See INDUSTRIAL PROPERTY. [536] 402 1104 INDEX. New Zealand continued. Application of Treaties to. Costa Rica Convention Ecuador ... Greece Treaty... Guatemala Conventi Italy Treaty.... United States Convei Uruguay. Treaty Ngan-Ching. Opening of to Trade. China Treaty Port of Call, China Agreement Mi. -. 4-*^ No. Page 3 tO. rention Mar. 5, 1898. Art. II 46 ( 248 I 249 r qno Aug. 26, 1892. II 5 * { oU^S 303 Oct. 29, 1889. XV 58 { 312 I 313 ty Nov. 10, 1886. XVII .... 88 { 466 I 469 r ention .... July 20. 1898. , II 94 I 481 **\Sy ty *-*- I 482 ty... June 15, 1883. XIX 98 { 503 1 506 mention. Mar. 2 1899. IV .... 193 { 988 990 ty.... Nov. 13, 1885. XIV.... 198 ( 1005 T /~V/"\G Sept, 5, 1902. Art, VIII.... Sept. 13, 1876. Sect. Ill, 1... Niadi Kwilu Basin. Treaties with Native Chiefs. Congo Declaration Dec. 16, 1884 Ningpo open to Trade. China Treaty Aug. 29, 1842. Art. II Northern Nigeria. Application of Treaties to. Honduras Treaty Jan. 21, 1887 Roumania Oct. 81, 1905. Art. X United States Convention Mar. 2, 1899. H Norway, Indemnity to Denmark for Cession of to Sweden. See INDEMNITY. 39 29 43 175 106 213 95 494 711 139 | 712 719 r 193J 988 990 0. Obligations accompanying Cession of Territory. See CESSION. Octroi. See INTERNAL DUTIES. Official Communications. Language of. See LANGUAGE. Official Intercourse. See INTEKCOUBSE. Ouium. Duty on. China Agreement Nov. 8,1858. Rule 5 Sept. 13, 1876. Sect. Ill, 3 ,;. Additional Article July 18,1885. 2 27 94 29 107 30 110 INDEX. 1105 Opium continued. N"o. Page Importation of. Siam Treaty April 18, 1855. Art. VIII 148 759 Li-Jcin on. China Agreement Sept. 13, 1876. Sect. Ill, 3 .... 29 107 ,; Additional Article July 18,1885. 2 3O _ 110 Monopoly in Morocco. See MOROCCO. Repacking in Bond. China Additional Article July 18, 1885. 3 3O 110 Taxation at Place of Consumption. China Additional Article July 18, 1885. 5.. 3O 112 Trade. Relaxation of Restrictions. China Agreement Nov. 8,1858. Rule 5 21 94 Transit Certificates. China Additional Article July 18, 1885. 3 and 4 3OJ JjJ Orange Hiver Colony. Applical ion of Treaties to. United States Convention Mar. 2,1899. Art. IV 193 j j^ Origin. Certificates of. See CERTIFICATES OF ORIGUN. False Indications of. See FALSE INDICATIONS OF ORIGIN. Outrage. Yiinnan. See YUNNAN. P. Paddy. t)uty of in time of Scarcity. Siam Agreement May 13, 1856. Art, VI 149 769 Pakhoi opened to Trade. China Agreement Sept. 13, 1876. Sect. Ill, 1 29 106 Pakiiam. Formalities on Arrival of British Vessels. Siam Treaty April 18, 1855. {^g^^*} 148J $* Pak Tail II au (Pai-tu R'ou). Port of Call. China. Treaty Sept. 5,1902. Art. X 39 182 Paraguay River. Navigation of. Paraguay Treaty Oct. 16,1884. Protocol 129 649 Pavana River. Navigation of, Argentine Treaty July 10,1853. { Al ^ d ^m 1 ' } 3J ^ Paraguay Oeti 16,1884 Protocol 129 649 11 Of IXDEX. -i4rfc*. Kfc Page China Treaty June 26, 1858. Art. IX 26 78 tt Agreement Nov. 8, 1858. Eule 8 27 96 }J Convention Mar. 1, 1894. Art. XIV 33 128 y} Agreement Feb. 4, 1897. XIV 34 135 Colombia Treaty 16, 1866. XIV 41 204 Coroa Nov. 26, 1883. IV, 6 44 219 Denmark July 12, 1670. XX 50 269 Greece , . Nov. 10, 1886. XII 88 464 Italy June 15, 1883. XIII, 4.. 98 501 Japan Protocol July 16, 1894. 2 101 520 Netherlands .. Convention Mar. 6, 1856. Art. VIII 121 618 Nicaragua Treaty July 28, 1905. XIII 127 634 Russia Jan. 12, 1859. ", XI 140 724 Sim April 18, 1855. V 148 757 Agreement May 13, 1856. V 149 769 M Treaty Sept. 3, 1883. III 151 781 Spain May 23, 1667. XIV 153 | 798 807 Sweden... April 11, 1654. XII 170 8S4 July 17, 1656. IV 171 888 Oct. 21, 1661. XII 172 898 Switzerland ... Sept. 6, 1855. ,, I 916 Patents. Definition of. General International Con- Mar. 20, 1883. vention Patterns and Samples. Sec COMMERCIAL Final Protocol.. 74 373 Peace. Borneo Treaty May 27, 1847. Art. 1 20 57 China Aug. 29, 1842. I 22 63 Colombia Feb. 16, 1866. I 41 200 Corea ,, Nov. 26, 1883. I 44 215 Denmark ,, Feb. 13, 166". I 49 253 July 12, 1670. I 50 262 )t Jan. 14, 1814. I 51 287 Liberia Nov. 21, 1848. I 108 538 Mexico ,, 27, 1888. I 111 544 Morocco Dec. 9, 1856. I 113 555 Paraguay Oct. 16, 1884. I 129 641 Persia Mar. 4, 1857. I 131 653 Siam ,, April 18, 1855. I 148 755 Spain May 23, 1667. I. 153 791 July &, 1670. II 154 821 a > 13, 1713. I 155 826 ,, ,, Nov. 9, 1729. ., I 158 852 Sept. 3, 1783. ,, I 161 858 Sweden ,, April 11, 1654. ,, 170 880 ,, Oct. 21, 1661. 172 893 July 18, 1812. }) 174 904 Tonga Nov. 29, 1879. tt 182 922 Zanzibar , >, April 30, 1886. 202 1020 INDEX. 1107 Peking. No. Page Residence of Briii.sh Minister. China Treaty June 26, 1858. Art, III 26 75 Convention Oct. 24,1860. II 28 98 Right of British Government to hire Houses, &c., at. China Treaty June 26, 1858. Art. Ill 2 75 Penal Settlements in Western Pacific, See WESTERN PACIFIC. Pcrak. Government of. Siam Treaty Juno 20, 1826. Art. XIV 147 752 Non^molestation by British or Siamese. Siam Treaty June 20, 1826. Art, XIV 147 752 Persia. Claims to Sovereignty over Afghanistan. See AFGHANISTAN. Herat. See HERAT. Differences with Afghanistan. See AFGHANISTAN. Herat. See HERAT. Trade from Turkey with, Turkey Capitulations 1675. Art. XXXVI... 183 937 Persian Territory. Evacuation by British Troops. Persia Treaty Mar, 4,1857. Arts.lIandXIV 131 j Violation of by Afghanistan. See AFGHANISTAN. Personal Effects. Free Importation. Siam Treaty April 18, 1855. Art. VIII 148 760 Persons. Immunity of, Spain ,. Treaty May 23, 1667. Art. XVII 153 799 Sweden April 11. 1654 V 17O 881 . Oct. 21,1661, V 172 895 Non-molestation, Turkey Capitulations ., 1675. * Art. II 183 927 Position of in event of Rupture of Friendly Relations, See RUPTURE OF FRIENDLY RELATIONS. Protection of. See PROTECTION 0$ PERSONS AND PROPERTY. Piastres. Duties on, Turkey ..,. Capitulations , 1675* Art, XXI... 183 932 1108 INDEX. Pilotage. China Treaty June 26, 1858. Oct. 29, 1889. Jan. 21, 1887. Nov. 27, 1888. Oct. 16, 1884. Nov. 13, 1885. Feb. 2, 1825. July 10, 1853. Sept. 29, 1840. Feb. 16, 1866. Jan. 26, 1826. Nov. 10, 1886. Art. XXXV V Ill Eevut Convention Treaty Honduras Mexico Paraguay . . . TV * IV III ,. Art. V Uruguay Pilotage Dues. Argentine Treaty IV Bolivia V Colombia France Convention Treaty VII Greece Italy . June 15, 1883. July 16, 1894. Dec. 9, 1856. Oct. 27, 1837. Mar. 27, 1851. July 28, 1905. 16, 1824. Oct. 31, 1905. Jan. 12, 1859. Oct. 24, 1862. April 24, 1824. 18, 1825. May 27,1847. Jane 26, 1858. Feb. 13, 166&. July 12, 1670. Dec. 9, 1856. Mar. 17, 1821. July 10, 1853. Sept. 29, 1810. Nov. 27, 1849. April 10, 1850. Japan ' IX X . Morocco Netherlands .. Nicaragua Norway Convention Treaty Convention Treaty II I VII Declaration Treaty Art, XII VI VII Roumania Russia Salvador. Sweden Declaration Venezuela Piracy. Suppress: Borneo Treaty . Art V ion of. Treaty Art IX China Art, XIX XXIX XXXIV.... V Art IV Denmark Morocco Netherlands ,. Police Due*. Argentine Police of Ports. Bolivia Costa Rica, . Treaty National Treatment Treaty , Art. IX IX , VIII.. Peru No. Page 26 85 58 306 95 485 111 546 129 643 198 1001 2 3 19 41 59 88 98 1OO 114 119 12O 12? 128 139 14O 145 115 200 2O 49 50 113 118 12 17 48 202 315 462 498 513 576 608 613 631 639 711 723 739 905 1011 59 81 90 259 273 568 597 19 60 45 243 133 693 Police Organization in Morocco. See MOROCCO. Police Regulations. Corea .............. Treaty .................... Nov. 26, 1883. Porcupine Hirer, Navigation. United States Treaty .................... May 8,1871, Art. IV, 7 ,. ... 44 Art, XXVI.. 190 219 979 INDEX. 1109 Port Clearances. No. Page China Treaty June 26, 1858. Art. XLI .. 26 87 Siam Agreement May 13, 1856. v 149 7G9 Port Dues. Sec HARBOUR DUES. >J * * ' ' Ports. Access of Vessels to. Spain. Treaty May 23, 1667. Art, XVI 153 798 British Prizes in. See PRIZES. Colonial. Admission of Consuls. See CONSULS. Definition of. Honduras Treaty Jan 21 1837 Protocol . 95 491 Mexico Nov. 27, 1888. Art. IV... 111 646 Liability of Vessels entering. See VESSELS. Non-open. Vessels trading with. China Treaty Juno 26. 1858. Art. XLVII 20 89 Of Call. Residence of British Merchants. China . , A_greement . Sept. 13, 1876. Sect. Ill, 3 .... 29 107 Police of. See POLICE OF PORTS. Prohibited. Denmark , Treaty Feb 13 166 Art VII 49 254. Jnlv 12. 1670. , VI... SO 263 Treatment of Privateers. See PRIVATEERS. Port to Port Trade. Feb. 16, 1866. Art IX v 41 203 Corea .... Nov. 26, 1883. v 44 223 Morocco Convention ... Dec. 9, 1856. VIII 114 576 Russia Treaty Jan. 12. 1859. VIII 14O 723 Post Office Packets. See MAIL PACKETS. Precious Stones. Import Duty on. Siam Agreement ... May 13, 1856. Art VII 149 770 Prices of Goods. Fixation of. Argentine Treaty ... Feb. 2, 1825. Art. VIII 2 13 Bolivia ,, ... Sept. 29, 1840, VIII 19 50 Costa Rica ... Nov. 27, 1849. VILI 45 242 Peru ... Anril 10. 1850. VII 133 693 Prince of Wales Island. Trade and Intercourse with. Siam., Treaty ,... June 20, 1826. Art. XIII 147 752 United Spates .... July 8, 1815. II 187 961 1 1 10 INDEX. Prisoners. Release of. .No. Page China Treaty Aug. 29, 1812. { A and7x n } 22 66 Denmark ,, Jan. 14, 1814. Art, II 51 287 Persia ,, Mar. 4, 1857. J Arts. Ill and j 131 1 653 Spain J u ly JL, 1670. Art. VI 154 822 Turkey ,, Jan. 5, 1809. I 186 955 Private Injuries. See INJURIES. Privateers of Enemy of one Country in Ports of the other. Morocco Treaty Dec. 9, 1856. Art. XXIV 113 565 Prizes. Adjudged by Admiralty Courts. Denmark Treaty Feb. 13, 166, Art. XXI.., 40 260 July 12, 1670. XXIII 5O 271 Spain'.. Feb. 10, 1763. XVI 16O 857 British. In Ports of Morocco. Morocco Treaty Dec. 9, 1856. Art. XXII 113 564 Restoration of. Denmark . Treaty Jan. 14, 1814. Arts. I and V.... 51 { 287 288 Restoration of Persons on without Ransom. Denmark Treaty July 12, 1670. Art. XXXIII.... 50 275 Professions. Exercise of. Most-favoured-nation Treatment. France Convention Feb. 28, 1882. Art. I 61 323 Prohibitions. Exports. China Treaty Sept. 5, 1902, Art. XIV.... 39 183 Convention Mar. 1, 1894. XI 33 127 Corea Treaty Nov. 26, 1883. V, 6 44 221 France Convention Feb. 28, 1882. 3? * J w 61 323 Muscat Treaty Mar. 19, 1891. VII 116 586 Siam April 18, 1855. VIII 148 760 ,, Agreement May 13, 1856. J) ' J-J.J. VI 149 769 Spain Treaty 23, 1667. XV 153 798 Exports in time of Famine. j> -*V V * China Treaty Sept. 5, 1902, Art. XIV 6*1 ICQ Siam... . . April 18, 1855. VIII 148 JLoO 760 n Agreement. Ma,v 1?, IRSfi VI 1411 76Q Exports. Most-favoured-nation Treatment, ArftlP Argentine Treaty Feb. 2, 1825, Ait. IV 2 11 Austria-Hun- ,, Doc. 5, 1876. V 5 26 gary Bolivia Sept, 29, 1840, iv 19 48 Colombia Feb. 16, 1866. IV 41 201 France. Convention... Feb. 28. 1882. TTT tit 'A9A I.VIVRX. 1111 Prohibitions cot l-'v ji.irfs. Most-f Greece Honduras Jt:ily Japan Mexico Morocco Muscat ... il'inued. ;ivoii red-nation Treatment - continued. Treaty Nov. 10, IKSIj. Jan. 21, 1837. June 15. 1833. July 16, 1894. . . Nov. 27. 1888. Art. ii r ;. n III VI No. ss 5 98 100 I'iigc 4GO 484 497 511 515 573 586 630 642 710 721 738 911 960 1000 1010 III v VII iv III VI III. .. 111 114 no 121 129 139 14O Convention Treaty )> Convention Dec. 9, 1856. Mar. 19, 1891. July 28, 1905. Oct. 16, 1884. 31, 1005. Jan. 12, 1859. Oct. 24, 1862. Mar. 18,1826. ... July 3, 1815. Nicaragua Paraguay Roumania' Russia .. Salvador Sweden and Norway United States Uruguay Venezuela.... v :, IX 11 II , IV.... 145 176 187 198 , 200 Treaty Nor. 13, 1885. Apr. 18, 1825. Imports. China Convention Mar. 1,1894. Art. XI 33 127 Muscat Treaty 19, 1891. , r VII 116 586 Imports. Most-favoured-nation Treatment. Argentine Treaty Feb. 2, 1825. Art. IV 2 11 Austria- Dec. 5, 1876. v 5 26 Hungary Bolivia Sept. 29, 1840. IV 19 48 Colombia ,, Feb. 16, 1866. HI 41 200 Egypt Convention Oct. 29, 1889. II 58 305 France M Feb. 28, 1882. III 61 324 Q-reece Treaty Nov. 10, 1886. II 88 460 Honduras ,, , Jan. 21, 1887. ,, II 95 484 Italy } , June 15, 1883. II 98 497 Japan July 36, 1894. V 100 511 Liberia }J Nov. 21, 1848. IV 1O8 538 Mexico 27, 1888. III 111 545 Morocco Convention..... Dec. 9, 1856. v 114 573 Muscat Treaty Mar. 19, 1891. vn 116 586 Nicaragua July 28, 1905. III 127 630 Paraguay ,, Oct. 16, 1884. III 129 642 Roumania 31, 1905. v 139 709 Russia }J Jan. 12, 1859. II 140 721 Salvador t) Oct. 24, 1862. v 145 738 Sweden and Convention Mar. 18, 1826. IX 176 911 Nor way United States July 3, 1815. II 187 960 Uruguay Treaty Nov. 13, 1885. II 198 1000 Venezuela April 18, 1825. iv 200 1010 Sanitary. Egvpt Convention Oct. 29, 1889. Art. 11 58 305 France Feb. 28, 1882. II.: - 61 323 1112 INDEX. Prohibitions continued. Transit. Most-favoured-nation Treatment. No. Page Austria- Treaty Dec. 5, 1876. Art. V 5 26 Hungary Honduras ,, Jan. 21, 1887. II 95 484 Mexico Nov. 27, 1888. HI 111 545 Paraguay Oct. 16, 1884. ,, HI 129 642 Uruguay Nov. 13, 1885. " H 198 1001 Property. Acquisition of. See also MOBOCCO. Bolivia Treaty Sept. 29, 1840. Art. IX 19 50 Borneo ,, May 27, 1847. HI 20 58 Colombia Feb. 16, 1866. ,, XVII 41 205 Cosra Rica .... Nov. 27, 1849. IX 45 243 France. Convention Feb. 28, 1882. I 61 323 Germany Declaration April 10, 1886. 2 84 453 Greece Treaty Nov. 10, 1886. Art. XIV 88 465 Honduras ,, Jan. 21, 1887. IV 95 485 Italy June 15, 1883. XV 98 502 Japan July 16, 1894. I 100 509 Mexico Nov. 27, 1888. V 111 547 Muscat ,, Mar. 19, 1891. V 116 585 Nicaragua July 23, 1905. XV 127 634 Paraguay Oct. 16, 1884. VI 129 644 Roumania 31, 1905. III 139 708 Russia Jan. 12, 1859. XIII 14O 725 Salvador Oct. 24, 1862. /Arts. II and! \ XIII / 145 j 737 741 Siam April 18, 1855. Art. IV 148 757 Switzerland . ,, Sept. 6, 1855. IV 179 917 Uruguay Nov. 13, 1885. ,, IV 198 1001 Venezuela April 18, 1825. IX 200 1012 Zanzibar 30, 1886. v 2 O2 1022 Disposal of. Argentine Treaty Feb. 2, 1825. fArts. IX andl i 13 15 Bolivia ,, Sept. 29, 1840. Art. IX 19 50 Colombia Feb. 16, 1866. ,> XVII 41 205 Costa Rica Nov. 27, 1849. it 1-^- 45 243 Denmark July 12, 1670. XV 50 267 France Convention Feb. 28, 1882. I 61 323 Greece Treaty Nov. 10, 1886. XIV 88 465 Honduras Jan. 21, 1887. IV 95 485 Italy June 15, 1883. XV 98 502 Japan ,, July 16, 1891. I 100 509 Mexico ,, : Nov. 27, 1888. V 111 517 Morocco Dec. 9, 1856. XVII 113 562 Muscat Mar. 19 ; 1891. V 116 585 Nicaragua ,, July 28, 1905. XV 127 634 Paraguay Oct. 16, 1884. VI 129 641 Peru April 10, 1850. VIII.. 133 693 Boumania ..... ,, Oct. 31, 1905. III 139 708 Property continued. INDEX. 1 No. 113 Page Disposal of continued. Russia Treaty Jan. 12, 1859. Art. XIII 1 10 725 Salvador Oct. 24, 1862. XIII 145 741 Si' Agreement May 13, 1856. HI.. 149 768 Switzerland ... Treaty ... . J . Sept. 6, 1855. IV 1*79 917 United Slates Convention Mar. o 1899. f Arts , II andl V / * ** 193^ 988 986 Uniflruftv Treaty Nov. 13, 1885. Art. IV 198 1001 *o J Venezuela ... April 18, 1825. IX 2OO 1012 Zanzibar 30, 1886. V 2O2 1022 Duties, &c., on. Colombia Treaty . Feb. 16, 1866. Art. XVII 41 205 Costa Rica .... Nov. 27, 1849. IX 243 Denmark Con ve D tion June 16, 1824. Add Art 53 297 Greece Treaty Nov. 10, 1886. Art. XIII 88 *SU$ 464 Honduras f> Jan. 21, 1887. IV 95 485 Italy... June 15, 1883. Arts. . ,_ XTV and 98 502 XV Mexico Nov. 27, 1888. Art. v 111 ,,.,_ Nicaragua July 28, 1905. XIV 121 634 Paraguay Oct. 16, 1884. VI 129 644 Roumania 31, 1905. III.. 139 708 Salvador 24, 1862. $3 XIII.... 145 741 Sweden and Mar. 18; 1826. XI 176 912 Norway Switzerland... 9) ' Sept. 6, 1855. [Arts . IV andl VI } 119 { 917 918 Urusuav Nov. 13, 1885. Art. IV 198 1001 In Ceded Territory. See CEDED TEUEITOBY. Industrial. See INDUSTRIAL PEOPERTY. Left to Persons disqualified to hold it. Sale of. United States Convention Mar. 2,1899. Art. 1 193 987 Of English who turn Turk. Turkey Capitulations... 1675. { Arte ^ and } 183 { * Personal. Duties on Removal of. Denmark Convention June 16, 1824. Add". Art 53 297 Position of in event of Rupture of Friendly Relations. See RTJPTUEE OF FEIENDLY RELATIONS. Protection of. See PBOTEOTION. Real. Requisitions, &c., on. France Convention Feb. 28,1882. Art. XI 61 327 Greece Treaty Nov. 10, 1886. XIII 88 464 Italy June 15, 1883. XIV 98 502 Mexico Nov. 27, 1887. VII Ill 548 Russia Jan. 12,1859. XIV 14O 726 Sequestered. Restoration of. Turkey Treaty Jan. 5,1809. Art. Ill 186 955 1114 INDEX, Property coi Succession to Colombia... Costa Eica Japan Mexico Peru Siam .Turkey Zanzibar.... Protection. Of Natives. Muscat .. . itinued. Treaty Feb. 16, 1866. Nov. 27, 1849. July 16, 1894. Nov. 27, 1888. April 10, 1850. Juno 23, 1826. 1675. April 30, 188 5. Mar. 19, 1891. 4, 1857. Jan. 5, 1809. April 30, 1886. Sept. 29, 1840. May 27, 1847. Aug. 29, 1842. June 26, 1858. Dec. 16, 1884. Nov. 26, 1883. Nov. 27, 1849. May-Junel885. April 10, 1886. Nov. 10, 1886. Jan. 21, 1887. July 16,' 1894. Nov. 21, 1848. 27, 1888. Art. XVII IX.. I V No. 41 45 100 HI 133 147 183 202 116 131 186 202 19 | 20 22 26 42 44 83 | 84 88 95 100 1O8 111 3{ 114 129 145 170 172 183 198 147 Page 205 243 509 547 093 750 933 1022 589 656 957 1028 50 52 58 63 80 210 215 245 449- 452 453 465 486 508 538 549 557 558 571 645 693 696 742 882 896 928 1002 752 VIII XXVI v Art. XIV XII X XVII... f Arts. VIII 1 t and XIII / Art. Ill . Capitulations Treaty , . .. Treaty Persia Turkey Zanzibar... Of Persons a: Bolivia it nd Property. Treaty Borneo .. China I XVIII II I fArts.VHIandl 1 XIII I Congo Corea Costa Eica Germany... Convention . Treaty Exchange of notes Declaration 2 Art. XV ,, VII I Grreece Treaty Honduras.. Japan ... Liberia . II Mexico ... VIII Morocco ... Dec. 9, 1856. 9, 1856. Oct. 16, 1884. April 10, 1850. Oct. 24, 1862. April 18, 1855. 11, 1654. Oct. 21, 1661. 1675. Nov. 13, 1885. June 20, 1826. /Arts. IV and! IV / Art. I. . Convention Paraguay ., Peru Salvador.... Siam Treaty IX f Arts. VII and"! Art XIV. .. . Arts I and IV... Art. VIII ,, vm VII VII Art. XIII ... Sweden Turkey Uruguay... Of Eevenue. Provisions. Siam.... Capitulations . Treaty See EEVENUE. Duty on. . Treatv.... Public Service and Public Works in Morocco. See MOROCCO. INDEX. 1115 Punish mciit. No. Page For giving Falao Evidence. Morocco Treaty Dec. 9,1856. Art. XII 113 561 Of Natives for Offences against British Subjects. China Agreement April 6,1847. 2 25 72 , Sept. 13, 1876. Sect. II, 2 29 105 Congo Convention Dec. 16,1884. Art. VII 43- - 211 Corea Treaty Nov. 26, 1883. III 44 216 Denmark ,, Feb. 13,166-. ,, IX 49 255 Of British Subjects for Offences against Natives. China Agreement Sept. 13, 1876. Sect. II, 2 29 105 Corea Treaty Nov. 26, 1883. Art. Ill 44 216 Denmark ,, Feb. 13,1665.. }} IX .. ... 49 255 Siani April 18, 1855. III 148 756 Pusan (Fusan) open to Trade. Corea Treaty Nov. 26, 1883. Art. IV 44 218 Q- Quarantine Dues. Colombia Treaty Feb. 16,1866. Art. VII 41 202 France Convention Jan. 26, 1826. 1 59 315 G-reece Treaty Nov. 10, 1886. VI 88 462 Italy June 15, 1883. VI 98 498 Japan ,, July 16, 1894. IX 1OO 513 Netherlands . Oct. 27, 1837. II 119 608 . Convention Mar. 27, 1851. 1 12O 613 Nicaragua Treaty July 28, 1905. VII 127 631 Roumania Oct. 31,1905. XII 139 711 Russia , Jan. 12,1859. VI 14O 723 Salvador , Oct. 24,1862. VII 145 739 Qucdah. Duty on Stock and Provisions. Siam Treaty June 20, 1826. Art. XIII..... 147 752 Residence of Siamese. Siam Treaty June 20, 1826. Art. XIII 147 752 Trade with Inhabitants of Prince of Wales' Island. Siam Treaty June 20, 1826. Art. XIII 147 752 Queensland. Application of Treaties to. Belgium Exchange of Notes Feb. 6,1899 16 41 Costa Rica Convention Mar. 5,1898. Art. II 46 j J^ Ecuador Aug. 26, 1892. II 57 { j^ Egypt , Oct. 29,1889. XV 58 [ *** 1116 INDEX. Queensland. Application of Treaties to continued. No. Page Greece Treaty . NOT. 10, 1886. Art, XVII. .. 88 { 466 469 Guatemala Convention ... July 20, 1898. , II 481 482 1 Honduras Treaty ... Jan. 21, 1887. XIV 9 _ r 489 494 1 Italy ,.. June 15, 1883. XIX 9SJ 503 06 Japan Protocol Mar. 16, 1897. 1O3 529 Mexico Treaty .. N,v. 27, 1888. Art. XIV 551 553 \ Muscat .. Mar. 19, 1891. XXI nef 591 593 Paraguay ... Oct. 16, 1881 XV 129J 647 650 "Roumania Convention ... May 4, 1892. , II 13 ( 702 703 I March 20 JQ93 VI 138 1 705 706 " April I 3 Salvador Agreement ... June 23, 1886. 8 2.. 146 { 746 747 I E, Railways. Burma- Yunnan. China.... Agreement ... Feb. 4. 1897. Art, XII 34 131 Raisins. Purchase by King of England. Turkey Capitulations 1675. Art. LXXIV .... 183 951 Real Property. See PKOPERTY. Rebels. Export of Arms to. See ARMS. Re-exportation. Most-favoured-nation Treatment. France Convention Feb. 28, 1882. Art. I ,, 61 323 Salvador Treaty Oct. 24, 1862. YI 145 739 National Treatment. Salvador Treaty Oct. 24,1862. Art. VI 145 739 Of Camlets and Mohair. Turkey Capitulations 1675. Art, L 183 942 Of Duty-paid Goods. China Treaty June 26, 1858. Art. XLV 26 88 Of Foreign Grain. China Treaty June 26, 1858. Art. XLV 26 89 Of Unsold Goods. Turkey Capitulations 1675. Art. XXXI 183 934 INDEX. 1117 Registration of British Subjects. Religious Worship. Freedom of. Argentine,.,... Treaty ... Feb. 2, 1825. Art. XII Bolivia , ... Sept. 29, 1840. XIII China. June 26, 1858. VIII... Colombia it ... Feb. 26, 1866. xv Congo. Convention . Dec. 16, 1884. II.... Declaration 16, 1884. 5 Costa Rica .... Treaty ... Nov. 27, 1849. Art. XIII....'...... Grermany Declaration ... April 10, 1886. 2 Honduras Treaty .... Jan. 21, 1887. Art. VII '.'.' Japan ,, ... July 16, 1894. I. Morocco Dec. 9, 1856 y Muscat yy ... Mar. 19, 1891. ' xx Paraguay ,, ... Oct. 16, 1884. IX Salvador 24, 1862. XVIII Siam ... April 18, 1855. * -*- Uruguay ... Nov. 13, 1885. J> ' -*' Venezuela. April 18 1825. XII Zanzibar . 30, 1886. XXIII..,,.. Re-measurement of Vessels. See VESSELS Residence. Freedom of. Argentine ... Treaty .... Feb. 2, 1825. Art II Bolivia .... Sept. 29, 1840. II Borneo... .... May 27, 1847. II China ,, .... June 26, 1858. xi :...... Colombia .... Feb. 16, 1866. ;; xiv Congo Convention .... Dec. 16, 1884. ii Costa Rica .... Treaty .... Nov. 27, 1849. n Denmark .... July 12, 1670. XVII Grermany Declaration . . April 10, 1886 2 Grreece Treatv .... Nov. 10, 1886. Art. XII Honduras .... Jan. 21, 1887. IV Italy .... June 15, 1883. XIII, 1... Japan .... July 16, 1894. I Liberia .... Nov. 21, 1848. II Mexico ;. 27, 1888. V :: Morocco .... Dec. 9, 1856. IV :::.... }) Convention 9, 1856. I Muscat Treaty .... Mar. 19, 1891. iv Nicaragua .... July 28, 1905. xm Peru . ... April 10, 1850 II Russia n .... Jan. 12, 1859. XI Salvador .... Oct. 24, 1862. II Siam April 18, 1855. Arts. I and IV.. Spain It .... May 23, 1667. Art. XXX Switzerland . Sent, 6. 1855. I... No. Page 147 757 2 19 26 41 42 43 45 84 95 1OO 113 116 129 143 148 198 200 202 2 19 20 26 41 42 45 5O 84 88 95 98 1OO 108 111 113 114 116 127 133 140 145 148 14 52 77 204 210 213 245 453 487 509 558 591 645 743 758 1003 1013 1030 [536] 11 47 57 79 204 210 241 268 453 464 485 501 508 538 547 557 571 584 634 692 724 737 755 757 153 - 803 179 916 4 P 1118 INDEX. Residence continued. No. Page Freedom of continued. United States Convention July 3, 1815. Art. I 181 959 Uruguay Treaty Nov. 13, 1885. iv 198 1001 Venezuela April 18, 1825. II 200 1010 Zanzibar ., 30, 1886. - IV 2O2 1021 Most-favoured-nation Treatment. Austria-Hun- Treaty Dec. 5, 1876. Art. I 5 24 gary Borneo May 27, 1847. II 20 57 Denmark........ Feb. 13, 166?. XIII ......... 49 256 France Convention 28, 1882. I 61 323 Japan Treaty July 16, 1894. ,, I 100 509 Liberia ..... }) , Nov. 21, 1848. II 108 538 Morocco }J Deo. 9, 1856. IV 113 55 T Convention 9, 1856. ,, I 114 571 Salvador Treaty Oct. 24, 1862. II 145 737 Sweden April 11, 1654. IY 170 881 National Treatment. Germany Declaration April 10, 1886. 2 84 453 Japan Treaty July 16, 1894. Art. I 100 509 Salvador Oct. 24, 1862. II 145 737 Switzerland ... Sept. 6, 1855. I , 119 915 Uruguay Nov. 13, 1885. IV 198 1001 Of Diplomatic Representatives. See DIPLOMATIC REPKESENTATIVES. Revenue. Protection of. China Treaty June 26, 1858. Art. XLVI 26 89 Corea Nov. 26, 1883. Regulation III.. 44 228 Goods imported for Purposes of. Liberia Treaty Nov. 21, 1848. Art. V 1O8 539 Rice. Export Duty on. China Convention Mar. 1,1894. Art. VIII 33 125 Prohibition of Export in case of Famine. China Treaty Sept. 5,1902. Art. XIV..... 39 183 Siam April 18, 1855. VIII 148 760 Agreement May 13, 1856. VI 149 769 Trade. Relaxation of Restrictions. China Agreement Nov. 8,1858. Rule 5 21 94 Rio Hondo. Navigation. Spain Treaty Sept. 3,1783. Art. VI 161 859 Convention July 14, 1786. III 162 863 Rivers. Navigation in Time of War. See NAVIGATION. Road Tolls. See TOLLS. INDEX. 1119 Rupture of Friendly Relations. Position of Persons and Property. No. Page Argentine Treaty Feb. 2,1825. Art. XI 2 14 Bolivia Sept. 29, 1840. XII 19 52 Colombia Feb. 16, 1866. XIX 41 206 Costa Rica .. Nov. 27, 1849. XII 45 245 Honduras Jan, 21,1887. XIII 95 489 Mexico Nov. 27, 1888. XIII 1_ 551 Morocco Dec. 9, 1856. XXXVI... 113 669 Paraguay Oct. 16, 1884 XIV 129 647 Peru April 10, 1850. XII 133 695 Salvador Oct. 24, 1882. XIX 145 744 Spain May 23, 1667. XXXVI... 153 805 July 13, 1713. XVIII 155 830 ;. Dec. 9,1713. VI 150 835 Uruguay Nov. 13, 1885. XIII..:...... 198 1005 Venezuela April 18, 1825. XI 2OO 1013 Russia. Trade from Turkey with. Turkey Capitulations 1675. Art. XXXVI.... 183 937 St. Ander. Settlement of British Subjects at. Spain Treaty Dec. 9, 1713. Art. XIV.... ISO 838 St. Clair Flats Canal. Navigation of. United States Treaty May 8,1871. Art/XXVII 19O 979 St. George's Key (Cayo Casina). British Occupation. Spain Convention July 14, 1786. Art. IV 1O3 864 St. Helena. Application of Treaties to. Honduras Treaty Jan. 21,1887 '. 95 494 Roumania Oct. 31,1905. Art. XVII. 139 j ^ United States Convention Mar. 2,1899. IV 193 j ^ Uruguay Treaty Nov. 13,. 1885, XIV 198 j *^ Vessels touching for Refreshments at. UnitedStates Treaty July 8,1815. {^5^^} I87 { 963 St. Lawrence Canal. Navigation. United States Treaty May 8, 1871. Art. XXVII 19O 979 St. Lawrence River. Navigation. United States Treaty May 8, 187L Art. XXVI 19O 978 Sf. Lucia. Coasting Trade. Austria-Hun- Treaty April 30, 1868. Art. II 4 21 gary [536] -4 D 2 1120 INDEX. Halt. Export prohibited in time of Famine. Agreement ... Island of Tortudos. Burmah. Convention Treaty May 13, 1856. See TORTUDOS Ie Mar. 1, 1894. May 27, 1847. Nov. 26, 1883. Feb. 13, 166*." July 12,1670. Oct. 23, 1889. Nov. 21, 1848, Dec. 9, 1856. Mar. 19, 1891. May 6, 1856. Oct. 21, 1661. April 30, 1886. Nov, 13, 1885. April 30, 1868. Sept. 29, 1840. Feb. 16, 1866. Nov. 10, 1886. Jan. 21, 1887. June 15, 1883. July 16, 1894. Nov. 27, 1888. Oct. 27, 1837. July 28, 1905. Oct. 16, 1884. VI Gathering of in Import Duty in China LAND. Art. VIII Art. VIII VII........... / Arts. VIII \ \ and XV / Art. XXV Art. VI (Salvage. Borneo Corea.. . v Denmark France Declaration Treaty > Liberia Morocco Muscat Netherlands,,, Sweden Zanzibar Convention xxxin.. XI IX vn XIII Art. XII Art. III. . . . Treaty Most-fa voured-r Uruguay ........ National Treatn Austria -Hun- gary Bolivia Lation Treatment. Treaty lent. Treaty. . V Colombia Grreece Honduras XX . . VIII.......... XII IX XII XII VI Italy. . . Mexico N eth erlan d s Nicaragua IX XIII Peru ...... April 10, 1850. Oct. 31, 1905. Jan. 12, 1859. Oct. 24, 1862. 21, 1661. Feb. 2, 1825. July 16, 1894. April 28, 1825. XIV XIII XVI XII vn Art V . Roumania Salvador Sweden Salvage Dues. Argentine . Treaty ti XII v.. Venezuela 148 149 33 2O 44 49 5O 62 108 113 116 121 112 202 Page 760 769 25 59 222 255 257 272 328- 330 539 563 588 619 895 1020 198 1004 22 19 48 41 207 88 462 95 488 98 499 1OO 515 111 550 119 609 127 632 129 646 133 696 139 712 14O 726 145 740 172 895 2 12 1OO 515 200 1011 Snmsliui. Open to Trade. Chiua Agreement Feb. 4,1897. Spci-ial Art .34 136 INDEX. 1121 Sanitary Precautions. No. Page Egypt ............ Convention , .......... Oct. 29, 1889. Art. II ................ 58 304 France ............ ............ Feb. 28, 1882. II .................. 61 323 San Juan del Norte. Custom-house Bonds. ^Nicaragua ...... Treaty ................... July 28, 1905. Protocol, 3 ..... 127 638 No longer a Free Port. Nicaragua ...... Treaty .................... July 28, 1905. Art. II ................ 121 630 .................... 28,1905. Protocol, 2,.,,.. 121 638 Sansi. Burmali-Cliina Frontier Trade to go via. China ............. Convention ............ Mar. 1,1894. Art. IX .............. 33 123 Seamen Deserters. Recovery of. Austria-Hun- Treaty ................... April 30, 1868. Art. IV .............. 4 22 Colombia ....... .................... Feb. 16, 1866. XXI ..... '..... 41 208 Greece ............ .................... Nov. 10, 1886. XVI ........... 88 466 Honduras ....... ............. , ...... Jan. 21,1887. XI .............. 95 488 Italy ............... .................... June 15, 1883. .., XVIII ....... 98 503 Japan ............. .................. July 16, 1894. XIV ........... 1OO 516 Mexico ...... .,.,,. .................... Nov. 27, 1888. XI .............. Ill 550 Morocco ......... .................... Dec. 9,1856. XV ............. 113 562 Muscat ........... .................... Mar. 19, 1891. XII ........... . 116 588 Netherlands... Convention...., ....... 6, 1856. X ................ 121 619 Nicaragua ...... Treaty .................... July 28, 1905. XIX .......... 121 636 Paraguay ....... .................... Oct. 16, 1884. XII ............ 129 646 Koumania ...... ,, .................... Oct. 31,1905. Art. XV ............ 139 712 Kussia ........... ..................... Jan. 12, 1859. XVII.. .,,. 14O 727 Salvador .......... .................... Oct. 24, 1862. XVII....,..,,,. ..... 145 743 Uruguay ........ .................... Nov. 13, 1885. XI ........ ,. ... 198 1004 Zanzibar ........ ..................... April 30, 1886. XIV ........... 2O2 1027 Seoul. See HANYANG. ........ Sequins. Duties on. Turkey ........... Capitulations ......... 1675, Art. XXI ...... .,... 183 932 Servants. Native. Engagement of. Siam ......... ...... Treaty .................... April 18, 1855. Art. VI ....... ..... 148 758 Settlements. Foreign, See FoBEtaN SETTLEMENTS. Seychelles. Application of Treaties to, Eoumania ...... Treaty...,! ............... Oct. 31, 1905. Art. XVtl ........ I39J j| Uruguay ........ .................... Nov. 13,1885, XIV ........... 198 Certificates of Origin. ........... Convention.., ........ April 1G, 1902. Art, III; ............ O8 342 1122 INDEX. Seychelles continued. No. Page Duties on French Wines, &c. France Convention April 16, 1902. Art. II 68 341 Duties on Haberdashery. France Convention April 16, 1902. Art. II 68 341 French Products* Most-favoured-nation Treatment. France Convention April 16, 1902. Art. II 68 341 Products. Most-favoured-nation Treatment. France Convention April 16, 1902. Art. 1 68 341 Shanghae. Establishment of Mixed Court. China Agreement Sept. 13, 1876. Sect. II, 2 29 100 Establishment of Supreme Court. China Agreement Sept. 13, 1876. Sect. II, 2 29 105 Open to British Trade. China Treaty Aug. 29, 1842 22 64 Sha-Shih to be Port of Call. China Agreement Sept. 13, 1876. Sect. Ill, 1 29 107 Shipbuilding. Siam Treaty April 18, 1855. Art. VIII 14* 760 Shipping. National Treatment. Siam Treaty April 18, 1855. Art. VIII 148 759 Shipping Dues. France Convention Feb. 28, 1882. Art. VIII 61 326 Morocco Dec. 9, 1856. X 114 576 Siam Treaty April 18, 1855. VIII 148 759 Sweden and Convention Mar. 18, 1826. II 116 908 Norway Zanzibar April 30, 1886. X 2O2 1025 Shiuhing. Port of Call. China Agreement Feb. 4,1897. Special Art 34 136 Sliunning-fu. Appointment of British Consul. China Agreement Feb. 4, 1897. Art. XIII.......... 34 135 Siam. Trade of British Asiatics. Siam Treaty June 20, 1826. Art. X 141 751 Sierra Leone. Application of Treaties to. Honduras Treaty. Jan, 21, 1887 95 494 Koumania Oct. 31,1905. Art. XVII... 139 1 ^ United States Convention Mar. 2,1899. IV '.'.".. 193 j j^j Uruguay Treaty Nov. 13, 18S5. XIV 198 [ INDEX. 1123 Sikkim Thibet Boundary. See BOUNDARY. Silks. Duty on at Aleppo. See ALEPPO. Exemption from Custom or Scale Duty. Turkey Capitulations 'No. Page 1675. Art. LXXV... 183 Silver. In Bars. Freedom of Importation. Siam Agreement May 13, 1856. Art. VII 149 Manufactured. Import Duty on. Siam Agreement May 13,1856, Art. VII, Singapore Island. Occupation by Great Britain. Netherlands Treaty Mar. 17, 1824. 149 Art. XII ... 118 Slavery. Release of British Subjects in. Turkey Capitulations 175, Art. XII 183 Suppression of. Congo Declaration Dec. 16, 1884. Slaves. Compensation for Kestitution of. United States Convention Oct. 20,1818. Art. V Slave Trade. Abolition of. Argentine Treaty Feb. 2,1825. Bolivia '.. Sept. 29, 1840. Borneo. May 27, 1847. Congo Declaration Dec. 16, 1884. Costa Eica Treaty Nov. 27, 1849. Denmark Jan. 14, 1814. Liberia Nov. 21, 1848. Persia Mar. 4, 1857. Peru April 10, 1850. Spain Additional Articles Aug. 28, 1814. Venezuela Treaty April 18, 1825. Smuggling. China... Treaty June 26, 1858. Additional Article July 18, 1885. Convention Mar. 1, 1894. Corea Treaty Nov. 26, 1883. Egypt Convention.., Oct. 29,1889. Morocco Dec. 9, 1856. Siam Treaty April 18, 1855. Spain Convention July 14,1786. Smyrna. Non-payment of Duties a second time on landing G-oode. Turkey Capitulations . 1675. Art. LI 951 770 770 599 930 Art. V 188 966 Art. XIV 2 15 XIV 19 5S Arts. IX and XI 20 61 6 43 213 Art. XIV 45 246 VIII 51 289 Arts. IX and X 1O8 j 540 541 Art. XIII 131 656 XV 133 697 n : 1G5 873 XIII..,,..... 200 1014 :Arts. XIV,T XLVI, 1 XLVIII, f 5 79 89 and XL1X J 9 3O 113 Art. IX 33 126 VI 44 222 XII 58 311 XIII 114 579 Eegulation IV .. 148 762 Art. IX 162 865 18S 9<13 1124" INDEX Somalilancl. fto. Page Application of Treaties to. Roumania Treaty Oct. 31,1905. Art. XVII 139 j ^ Boundaries. See BOUNDARIES. Sound Dues. Denmark Treaty Feb. 13,166?. Art. XXII 49 260 .. July 12, 1670. f XII and 1 so [ 266 J \ Annex j I 279 South Australia. Application of Treaties t o. Costa Rica-.,,,. Convention... Mar. 5, 1898. Art. II -{ 248 249 Greece Treaty , Nov. 10, 1886. XVII 88 4 466 469 Guatemala..... Convention . July 20, 1898. II . 94 { 48L "V ) I 482 Honduras....... Treaty . Jan 21, 1887. XIV 95 J 489 494 Mexico Nov. 27, 1888. XIV ml 551 ' m f 9 9* I 553 Roumania ...... Convention March 20 1893. VI 138 \ 705 ; April 1' 706 Salvador ........ Agreement ............. June 23, 1886. 2 ...................... 146 j Southern Nigeria. Application of Treaties to. Roumania ...... Treaty .................... Oct. 31,1905. Art, XVII ........ 139J United States Convention ............ Mar. 2,1899. IV ............. 193J Southern Rhodesia. Application of Treaties to. United States Convention.... Mar. 2,1899. Art. IV... 193 ( yyu Spirituous Liquors. Excise Duty on. Siam .............. Agreement. ............ April 6, 1883. Art. I. ................ 150 777 Importation. Most-favoured-nation Treatment. Siam .............. Agreement ............. April 6, 1883. Art. V ................ ISO 778 Import Duty on. Siam .............. Agreement ............. April 6,1883. Art. I ................. ISO 777 Zanzibar ........ Treaty .................... 30,1886. VII ............ 2O2 1023 Licences for Retailing. Siam ........... ... Agreement ............ April 6, 1883. Art. IV ......... .*.... ISO 778 Prohibition of Importation of. Siam .............. Agreement ............. April 6,1883. Art.' Ill ............. ISO 778 Testing of. Siam .............. Agreement ............. April 6, 1883. Art. II ............... ISO 778 Stamp, &c. Duties in Morocco. See MOEOCCO, State Batik in Morocco. See MOBOCCO. INDEX. 1125 Stickine Hiver. Navigation. No. Page United States Treaty May 8,1871. Art. XXVI 19O 979 Stock and Provisions. Duty on. Siam Treaty.. June 20, 1826. Art. XIII 14? 752 Straits. See BOSPHOEFS and DABDANELLES. Straits of Gibraltar. Free Passage of. France Declaration April 8, 1904. Art. VII ?3 333 Straits Settlements. Application of Treaties to. Honduras Treaty Jan. 21,1887. '.?.'. 95 494 Koumania Oct. 31, 1905. Art. XVII 139 { H? I /u United States Convention Mar. 2,1899. IV 193 j 9 gg~ Uruguay Treaty Nov. 13, 1885. XIV 198 { 1 1008 Stralsund. Depot for British Goods. Denmark Treaty Jan. 14,1814. Art. XII SI 290 Study of Art, &c. Facilities for. Corea Treaty Nov. 26, 1883. Art. IX 44 224 Subjects. Captured on Enemy's Vessels. Morocco Treaty Dec. 9, 1856. Art. XXI 113 564 Equal Eights, whether Christians, Jews, or Mahometans. Morocco Treaty.... Dec. 9, 1856. { Arts ', Y 5J n 1 113 1 ^i L and A. v i j ^ Oo^a False Charges against. Turkey Capitulations 1675. Art. X 183 929 Most-favoured-nation Treatment. Mexico Treaty Nov. 27, 1888. Art. V '...... Ill 547 Persia Mar. 4, 1857. IX 131 655 Convention Feb. 9,1903. II 132 661 United States May 31, 1902. III 195 995 Non-molestation ot\ Turkey Capitulations 1675. Art. II 183 927 Privileges. Turkey Capitulations 1675. Art. XXVII 183 933 Succession to Estates. See ESTATES. Suez Canal. Free Navigation of. Austria -Hun. International Con gary vention France 29, 1888 75 * 1 Q ct ^Q 1888 gary vention J 384 1126 INDEX. Suez Canal continued. Free Navigation of continued. Lftn ^ \ vention * J Italy Netherlands.. Russia Oct. 29, 1888. 29, 1888. 29, 1888. 29, 1888. 29, 1888. 29, 1888. April 8, 1904. Mar. 5, 1902. 5, 1902. 5, 1902. 5, 1902. 5, 1902. Aug. 29, 1903. Mar. 5, 1902. Aug. 20, 1903. Mar. 5, 1902. 5, 1902. June 26, 1906. No. Page 15 i 3 * 8 ~ ^ . f 378- \ 384 * K J" 3Y8 ~ **! 384 1BJ ^ Spain Turkey tf Declaration \ 384 15 ( 3 II 384 j&J a lll Art VI . 13 352 Free Passage of. Francs Sugar Bounties. Austria. Hun- gary Belgium ... . International Con- "I vention J tt tt Accession to In- ternational Con- vention of 1902 Convention f Accession to In- ~| s ternational Con- > L vention of 1902 j Accession to In- * A l 395- 8 L 407 is j 395 r France 18 | 89 ^~ is j 3 ^: Germany Italy 1 407 18 I 395 - 7S 1 407 HO 543 Luxemburg.... Netherlands .. Peru { 3 ^; 134 698 Spain , f 395- 7 1 407 is i 3 ? 5 r Switzerland.... 181 920 ternational Con- vention of 1902 Sugar. Duties on Kefmed. Japan ,. Protocol July 16, 1894. 4 , 1O1 521 Sumatra. British Trade and Navigation. 'National Treatment. Netherlands.. Convention Nov. 2,1871. Art. II 122 623 Cession of British Possessions to Netherlands. Netherlands.. Treaty Mar. 17, 1824. Art. IX 118 598 Extension of Netherland Dominion. Netherlands.. Convention.... Nov. 2,1871. Art. 1 122 622 Supreme Court at Shanghae. See SHANGHAI. INDEX. 1127 Swatow (Chau Chow). Open to Trade. China.. . Treatv .Tuna 26. 1858. Art XT No. Pago 26 78 26 78 34 136 26 78 22 66 r 82 264 83 L 1033 21 93 / 145 " 8 1 171 39 184 4O 195 r 220- 221 44 1 229- L 238 f 268 SO 4 280- L 286 f 308 58 i 312 61 322 63 332 f 449- 83 i 452 m f 454 10 1 455 _ / 471- \ 473 91 474 f 476 93 4 478 L 479 iS 484 Sycee or Foreign M Taiwan (Formosa) China Tabbing?. Port of China oney. Payment of , Open to Trade. Treaty Duties in. See DUTIES. T. June 26, 1858. Art, XI Feb 4 1897 Special Art Call. A OTAflmfint. Taku. Apology for action of Garrison Tang-chow. Open to Trade. China . TYflatv . of. See APOLOGY. June 26 1858 Art XI Tariff. China Treaty Au, 29, 1842. Art X fArts. XXVI, 1 June 26, 1858. 4 XXVII, and I [ Annex Nov. 8, 1858. Kules 1, 2, and 4 Aug. 29, 1902 Sept. 5, 1902. Art. XV Agreement Treaty Convention April 27, 1906. Annex, Art. IV.. fArt. V, 51 Nov. 26, 1883. 4 and 8, and [ I Annex July 12, 1670. | Ar * nd Jmiex 1 } Oct. 29,1889. Arts^VIIandj Feb. 28 1882. Art. I Corca .... Treaty Denmark Convention France Agreement . 6,1893. III Germany Greece Exchange of Notes Agreement . . May-Junel885. May -^, 1893 Mar. 28, 1890. 2 and Annex .. June 16, 1890 Declaral ion Nor. , 1904. 2 and Annex .. May T 4 T > 1905 Jan. 21. 1887. Art. II ... Treat V.... Honduras ... 1128 INDEX. Tariff continued. No. Page Japan Protocol July 16, 1894. 1 1O1 520 Convention 16,1895. land Annex.. 1O2 1 5 ^g Mexico Treaty Nov. 27, 1888. Art. Ill Ill 546 Morocco Convention Dec. 9,1856. YII 114 575 fArts. 1-111,1 f 660 Persia Feb. 9, 1903. ^ VI, YII, and [ 132 { 665- L Annex [ 690 Koumania ! Treaty Oct. 31,1905 139 j 714- 759 Siam April 18, 1855. ^/-^ 148^ 763- Turkey ......... .................... Jan. 5,1809. Art. VI .............. 186 956 United States Convention ........... May 31,1902. Arts. I and II ... 195 j ^5 Treaty ...... . ............. April 30, 1886. { J?j } 313 Aaa 469 48i Most-favoured-nation Treatment. Austria-Hun- Treaty .................... Dec. 5,1876. Art. Ill .............. 5 25 gary France ............ Coavention .......... Feb. 28, 1882. 1 ................. 61 322 Tasmania. Application of Treaties to. Costa Rica ..... Convention ............. Mar. 5,1898. Art. II ................ 46 | {q-i 9 { r Guatemala ..... Convention ............ July 20,1898. II ................ 94 1 f 4.8Q Honduras ....... Treaty ........... , ........ Jan. 21,1887. XIY ........... 95J J Italy ............... ................... June 15, 1883. XIX ........... 98J {jjg Mexico ........... .................... Nov. 27,1888. XIV ..... ...... Ill { {jjjj r fij,*? Paraguay ....... ................... Oct. 16,1884. XV ............. 129J ^ {746 747 Ta-t'unj?. Port of Call. China ....... .. ..... Agreement ............. Sept. 13, 1876. Sect. Ill, 1 ..... 29 106 Taxation. See TAXES. Taxes. See also MOEOCCO. Agreement ............ May 13, 1856. Art. IV .............. 149 768 Excise. See EXCISE. Exemption from. Morocco ......... Treaty ................... Nov. 9,1855. Art, IV .............. 113 557 Turkey .......... Capitulations ........ 1675. XIII.. ....... 183 930 Taxes continued Most-fa voured-n Abyssinia Austria-Hun - gary France ation Treatment. Treaty INDEX. May 14, 1897. Dec. 5, 1876. Feb. 28, 1882. July 16, 1894. July 28, 1905. Oct. 31, 1905. Sept. 6, 1855. Jan. 21, 1887. Mar. 19, 1891. May 23, 1667. April 30, 1886. Feb. 2, 1825. Sept. 29, 1840. Feb. 16, 1866. Nov. 27, 1849. Oct. 29,1889. Nov. 10, 1886. June 15, 1883. July 16, 1894. ,, 28, 1905. April 10, 1850. Oct. 31, 1905. Jan 12, 1859. Art IV ... 1129 No. Page 1 2 5 21 61 323 121 634 139 708 1*9 / 916 9 \ 918 95 491 116 591 153 793 202 1029 2 13 19 51 41 204 _ f 243 45 i 244 58 309 88 464 98 501 100 { 510 121 634 133 694 139 708 140 724 145 742 159 855 .^r 916 v \ 918 2OO 1012 116 591 202 1029 149 770 116 591 2 O2 1029 Convention Japan Treaty Arts. I and III... Art. XIII I. Nicaragua. Roumania Switzerland... Municipal. Honduras Muscat , Arts. I and VI.... Protocol Art XIX Treaty .... Spain.. . ... " Arts. IX and XXII Art. IX Zanzibar .. National Treate Argentine Bolivia Colombia Costa Rica .... Egypt .... tent. Treaty 5) Convention Treaty X XIV Arts. IX and X Art. IX ,.< Grreece . . XII XIII, 4., Arts. I and III.. Art. XIII IX XI Italy Japan Nicaragua Peru " Roumania Russia Salvador Oct. 24, 1862. 5, 1750. XVI VI.. . Switzerland... Venezuela Non-exemption Muscat Zanzibar On Articles fon Sept. 6, 1855. April 18, 1825. Mar. 19, 1891. April 30, 1886. May 13, 1856. May 13, 1856. Mar. 19, 1891. April 30, 1886. Arts. I and VI... Art. IX Art. XIX.......... XXII Art IX from. Treaty nerly free from Duty. Agreement . .. On Land, Grard< Siarn Sanitary. Muscat... Zanzibar.... 3118, &C. Agreement. Treaty Schedule Art. XIX.:. XXII ... Telegraph. Burma and China. China.,.. . Convention,., .. Mar. 1, 1894. Art, XVI 33 128 1130 INDEX. Telegraph continued. No. Page India-Thibet. China Convention April 27, 1906. Art. Ill 4O 192 Tcrnate. Application of Treaties to. Netherlands.. Treaty Mar. 17, 1824. Art. VII :..... 118 598 Territory. Ceded. See CEDED TEBBITOEY. Cession of. See CESSION. Territorial Waters. Sweden.... Treaty April 11, 1654. Art. XIV 11O 885 Oct. 21, 1661. XV 1?2 901 Teskeres. Non-delay in Grranting. Turkey Capitulations 1675. Art. LVT 183 946 Text authoritative of Treaties. See TEEATIES. Thibet. Appointment of Trade Agents. China Convention April 27, 1906. Annex, Art. V... 4O 195 British Mission to. China Agreement Sept. 13, 1876. Sep. Art 29 109 Convention July 24, 1886. Art. IV 31 116 Concessions in. China Convention April 27, 1906. Art. Ill 4O 192 Free Communication between British Frontier and G-yantse. China Convention April 27, 1906. Annex, Art. IX. 4O 196 Frontier Trade with India. China Convention July 24, 1886. Art. IV 31 116 Indemnity for British Military Expedition. {Annex, Art. VI, "j f , q . and Declar- I 4O < .JjjJ ation J Non-interference of any Foreign Power in. fArt. II, and] f , Ql> China Convention April 27, 1906. { Annex, Art. L 4O^ I IX J Razing of Forts. China Convention April 27, 1906. Annex, Art.VIII 4O 196 Eoads. Upkeep of. China Convention April 27, 1906. Annex, Art. V... 4O 195 Sikkim Frontier. See BOUND AEY. Tariff. China Convention April 27, 1906. Annex, Art. IV. 4O 195 Telegraph to India, See TELE&EAPH. INDEX. 1131 Xo. Page TSiibet continued. Trade Agents. Appointment. China Convention April 27, 1906. Annex, Art. V... 4O 195 Trade Marts. I" Annex, Art. II,] f iq . China Convention April 27, 1906. 4 and Declar- I 4O<^ ^ (_ ation Three Rules." United States Treaty May 8,1871. Art. VI.. ISO 972 Tien-tsln open to Trade. China Convention Oct. 24,1860. Art. IV 28 99 Timber. Cutting of. Siam Treaty Sept 3, 1883, Arts.XIandXII 151 Trade. See TBADE. Tobacco Monopoly in Morocco. See MOKQCCO, 785 Tolls. Most-favoured-nation Treatment. Denmark Treaty July 12, 1670, Art, VUl SO 264 On Elbe. See ELBE. Road. Persia Convention Feb. 9,1903. Art. IV 132 662 Tonnage Dues. Argentine Bolivia Borneo China Treaty Feb. 2, 1825. Sept. 29, 1810. May 27, 1847. , June 26, 1858. Colombia Feb. 16, 1866. Corea Nov. 26, 1883. France Convention Jan. 26, 1826. Feb. 28, 1882. Greece Treaty Nov. 10, 1886. Italy June 15, 1883. Japan July 16, 1894. Liberia Nov. 21, 1848. Morocco Convention Dec. 9,1856. Muscat Treaty Mar. 19, 1891. Netherlands.. Oct. 27, 1837. ,, .. Convention Mar. 27,1851. Nicaragua Treaty July 28, 1905. Roumania Oct. 31, 1905. Russia , Jan. 12, 1859. Salvador Oct. 24, 1862. Art. V V V /Arts. XXIX I I to XXXI J Art. VII V,7 I VIII VI VI IX III x VIII II I VII XII VI VII... 2 19 20 41 44 59 61 88 98 10O 108 114 11G 119 120 139 140 145 12 48 58 84- 85 202 221 315 326 462 498 513 538 676 587 608 613 631 711 723 739 1132 INDEX. Tonnage Dues continued. Sweden Declaration April 24, 1824. Venezuela Treaty 18, 1825. Zanzibar 30,1886, Exemption from. Special Certificate. China Treaty June 26, 1858. Tortudos Island. Salt gathering in. Spain Treaty Dec. 14, 1715. Oct. 5,1750. Trade. See also COMMERCE. British Asiatics with Siatn. Siam Treaty June 20, 1826. British between Turkey and Kussia and Persia. Turkey Capitulations 1675. Foreign under Passports. China Agreement NOT. 8, 1858. Freedom of. Morocco Convention Dec. 9, 1856. Muscat Treaty Mar. 19, 1891. Netherlands... 17, 1824. Siam April 18, 1855. Spain May 23, 1667. , Dec. 9, 1713. Sweden... April 11, 1654. Oct. 21, 1661. Sept. 6, 1855. 1675. Switzerland.... , Turkey Capitulations... Frontier. Austria-Hun- Treaty Dec. 5, 1876. gary China Agreement Sept. 13, 1876. Convention July 24, 1886. Art, V X No. Page 175 905 200 1011 2O2 1025 Art. XXIX 36 Art, III Y Art, X Art. XXXVI.... Eule 8... 157 159 Art. I IV IV Arts. I and IV.. Art. II III.... IV x I. XXIIL... Art. IV, Agreement In Arms. See ARMS. Junk. See JUNK TRADE. Most-favoured-nation Treatment Denma: France. Liberia Muscat Nether! Persia , . Mar. 1, 1894. Feb. 4, 1897. Sect. I, 3 /Arts. Ill and! 1 IV I f Arts. VIII, 4 IX, XI, XII, [ and XVIII Art. IX.., 27 114 116 118 148 153 156 170 171 179 183 29 31 84 845 855 147 751 183 937 96 571 584 596 75a 757 791 832 840 881 897 916 932 26 103 116 125- 33 <( 127 129 34 134 rk Treatv .... Feb 13, 166 Art Xlir 49 256 Convention 28, 1882. 61 323 Treaty } .' D lands .. Nov. 21, 1848. Mar. 19, 1891. >, 17, 1824. 4, 1857. II I , IX... .... 108 ,. 116 .... 118 131 538 584 596 655 INDEX. 1133 Trade continued. Most-favoured-nation Treatment continued. Salvador Treaty Oct. 24, 1862. Spain , May 23, 1667. Sweden April 11, 1654. Uruguay , Nov. 13, 1885. Zanzibar April 33, 1886. National Treatment. Colombia Treaty Feb. 16, 1866. Germany Declaration April 10, 1886. Japan Treaty July 16, 1891. Peru April 10, 1853. Russia Jan. 12,1859. Salvador Oct. 24, 1862. Spain May 23, 1667. Switzerland... Sept. 6,1855. Of one Power with Enemy of the other. Denmark Treaty July 12,1670. Sweden April 11, 1654. July 17,1656. On the Yang-tsze. See YANa-TSZE. Rules of. China Agreement Nor. 8, 1858. Corea Treaty , 26,1883. Timber. Denmark Treaty Ftb. 13, 166$. July 12, 1670. With Aleppo. See ALEPPO. With Chiengmai. See CHIENGMAI. With Enemies. See ENEMIES. With Lakonu See LAKON. With Lampoonchi. See LAMPOONCHI. With West Indies. See WEST INDIES. Art. II IV.... II... Art, XIV 2 Art. Ill II XI., Art. XVI.... III... Annex No. Page 145 737 153 791 170 881 198 1000 202 1020 41 204 84 453 100 510 133 692 140 724 145 737 153 791 179 916 50 268 170 884 171 887 92- 97 Art. XVIII... 44 49 5O 225- 229 258 265 Trade-marks. Central Office for communicating to Public. General International Con- Mar. 20, 1883. Art. XII 74 371 vention Fraudulent. Seizure of Goods bearing. General International Con- Mar. 20,1883. Art. IX 74 370 vention Legislation respecting. General International Con- Mar. 20,1883. Final Protocol, 74 - 374 vention 4 [536] 4 E 1134 INDEX, Trade-marks continued. Most-favoured-nation Treatment. Denmark Declaration Nov. 28, 1879. 54 298 Ecuador Convention.... Au " 26 1892 Art I 57 302 Greece Declaration July 27, 1894. 475 Honduras ... Treaty Jan 21, 1887 Art VIII 95 487 Mexico ., Nov. 27, 1888. Paraguay ,, Oct. 16,1884, Portugal Declaration Jan. 6, 1880. Roumania., ... Convention May 4,1892. Switzerland..., Declaration Nov. 6, 1880. United States, ,, Oct. 24, 1877 IX V Art. I 111 129 135 137 180 191 549 643 700 702 920 985 Uruguay Treaty..,.. Nov. 13, 1885. National Treatment. Austria Treaty Dec. 5, 1876. Art. VIII Art. VI 198 5 1003 26 T> i F International Con- ] -.^ O n 1000 Belgium I vention } Mar ' 20 ' 1883 ' Additional Act Dec. 14, 1900. JhMfl I;" 00 "'} 11 "- 20 ' 1883 ' Additional Act Dec. 14, 1900. Colombia . Treaty Feb. 16,1866. fArts. 11, IV,] 4 VI, VII, IX, I I and XI J Art. I [Arts. IF, IV,] 4 VI, VII, IX, I L and XI J Art. I XII 74 | 77 74 1 77 41 368- 370 388 368^ 370 388 203 Costa Rica Convention Mar. 5 1898 I 4G 248 Cuba... . Accession to Inter. Oct. ^{-, 1904. 47 250 national Con- vention of 1883 and Additional Act of 1900 Denmark Declaration Nov. 28, 1879. Accession to Inter- Oct. 9, 1894. national Con- vention of 1883 Additional Act Dec. 14,1900. Art. I 54 55 77 298 293 388 Dominican Accession to Inter- June 26, 1890 301 Eepublio national Con- vention of 1883 Additional Act Dec. 14,1900. Art. I 77 388 Ecuador.. Convention Aug. 26, 1892. France , Feb. 28, 1882. ., { In ^ t n8lC n -}Ma, 2 0,1883. Additional Act Dec. 14, 1900. I X fArts. II, IV,] { VI, VII, IX, I [ and XI J Art. I 57 61 74 j 77 302 326 368- 370 388 Germany Accession to Inter- April 1,1903. 80 456 national Con- vention of 1883 and Additional Act of 1900 Greece Declaration July 27, 1894. 92 475 Guatemala.... Convention ,, 20,1898. Art. I 94 481 T , i 1 International Con- ] - Italy... , . . . X .. > Mar 20, 1880 1 vention J Treaty June 15, 1883. Additional Act Dec. 14,1900. ("Arts. II, IV, I 1 and Xl' ' J Art. XVII I- 98 77 370 503 388 INDEX, 1135 Trade-marks contin ued, National Treatment continued. Japan' Treaty July 16, 1894, Protocol. Got. 30, 1897. Accession to Inter- May 4, 1899. national Con- vention of 1883 Additional Act Deo, 14,1900. Declaration Jan. 23, 1900. Treaty Nov. 27, 1888. Accession to Inter- Aug. 13, 1903. national Con- vention of 1883 and Additional Act of 1900 No. Page Luxemburg Mexico.... Art. XVII ...... Art. I... Art. IX Netherlands.. JMar. Aug. Nicaragua . Norway Paraguay.. Portugal... Boumania Bussia Salvador f International Con- L vention Accession of Netherlands East Indies to above . Accession of Curacao and Surinam to above Additional Act Dec. Treaty July Accession to Inter- ,, national Conven- tion of 1883 Additional Act Treaty 20, 1883. 3, 1888. Arts. II, IV, VI, VII, IX, and XI Feb. 28, 1890, 14, 1900. 28, 1905. 12, 1885. Dec. Oct. Declaration Jan. 14, 1900. 16, 1884. 6, 1880. Art. I , XVII... Art. I , V.... f International Con- j M 2Q 1883 I vention J Additional Act Dec. 14, 1900. Convention May 4, 1892. Treaty Jan. 12, 1859. Declaration July 11, 1871. Arts. II, IV, VI, VII, IX, and XI Art. I I... f International Con- \ vention Servia Mar. 20, 1883. 20, 1883. XX. f Arts. II, IV, 4 VI, VII, IX, I and XI 100 1O4 517 530- 531 105 532 77 388 1OO 542 111 549 11? 554 74 123 123 368- 370 624 626 77 388 127 635 178 914 77 120 74 388 643 370 77 388 137 702 140 728 > {% M [Arts. II, IV,] f \ VI, VII, IX, L 74 \ [ and XI Spain Additional Act ...... Dec. 14, 1900. Declaration ........... 11,1875. Sweden.... [536] - 20 > 1883 - ... Additional Act Dec. 14, 1900. ... Accession to Inter- June 12, 1885. national Conven- tion of 1883 ... Additional Act Dec. 14,1900. Art. I f Arts. II. IV, 1 VI, VII, IX, L and XI Art. I.... 370 77 388 166 874 Art. I . . 74 77 128 .. 77 4 E 2 368- 370 388 914 388 1136 INDEX. Trade-marks continued. National Treatment continued. Switzerland... Declaration Nov. No. Page 6, 1880. ISO J International Con- "'\ vention f Arts. II, IV,] f \ Mar. 20, 1883. 4 VI, VII, I 74^ IX and XI j 920 368- 370 Additional Act Tunis United States Uruguay Dec. 14, 1900. ,, 14, 1900. Oct. 24,. 1877. April 11, 1887. Declaration Accession to Inter- national Con- vention of 1883 Additional Act Dec. 14, 1900. Treaty Nov. 13, 1885. Art. I I... Art. I VIII.... 77 388 77 388 191 985 192 985 Protection in China. Belgium Exchange of Notes Sept. $%, 1904. Chin.a Denmark France Germany Italy Netherlands... Portugal Russia United States Treaty Exchange of Notes Sept. 5, 1902. Kovemberll Art. VII ... APT]! _ 20 August 29> Mar. ff, 1906. August 15 September 7 Aug. |, 1904. Oct. |$, 1906. June 28, 1905. 77 198 17 39 56 65 87 99 126 136 144 197 388 1003 42 174 209 335 457 506 627 700 734 997 Protection in Morocco. (Agreements with Austria-Hungary, Belgium, France, Germany, Italy, Netherlands, Portugal, Spain, and United States.) Morocco Notification June 7,1895. 115 / ^ L ooJ Temporary Protection of on Goods in International Exhibitions. General International Con- Mar. 20, 1883. Art. XI 74 370 vention Trade Marts in Thibet. Opening of. f Annex, Art. "] r i Q_L China Convention April 27, 1906. -j II and De- k 4OJ j-jg I claration J Trade Names. Protection of. General International Con- Mar. 20,1883. Art. VIII 74 370 vention Trade Regulations. See also YANQ-TSZE. China Agreement Nov. 8,1858 27-1 fl I 97 Aug. 29, 1902 38 { ^l Corea Treaty Nov. 26,1883 44 j 22 ^~ Transaction of Business. Freedom in.c Argentine Treaty Feb. 2,1825. Art. VIII 2 13 Bolivia ., Sept, 29, 1840. VIII 19 50 Corea Nov. 26, 1883. V, 1 44 220 Costa Rica 27, 1849. VIII.... 45 242 1137 Transaction of Business. Freedom in continued. Italy Treaty June 15, 1883. Morocco......... Dec. 9, 1856. Convention ,, 9, 1856. Muscat Treaty Mar. 19, 1891. Nicaragua July 28, 1905. Peru April 10, 1850. Salvador.... Oct. 24, 1862. Venezuela April 18, 1825. No. Page Art. XIII 98 501 VI 113 558 IV 114 573 IV 116 584 XIII, 3... 121 634 VII... 133 693 X... i ir, 740 VIII 200 1012 Transhipment. China... Treaty Transhipment Duties. Spain Treaty June 26, 1858. Art. XL Dec. 9, 1713, Art. XVII ISO Transit. Arms, &c. Abyssinia Treaty France Convention Free. lorn of. Muscat Treaty United States Zanzibar ,, ,. Most-favoured-nation Treatment. Austria-Hun- Treaty gary France Convention Honduras....... Treaty Mexico ,, Paraguay Russia Salvador Switzerland.... May 14, 1897. Feb. 28, 1882. Mar. 19, 1891. May 8, 1871. April 30, 1886. Arts. V and VI. 1 Art. II Ol Dec. 5, 1876. Art. II. Feb. 28, 1882. Jan. 21, 1887. Nov. 27, 1888. Oct. 16, 1884. Jan. 12, 1859. Oct. 24, 1862. Sept. 6, 1855. Arts. I and II .. Ol Art. II 95 III Ill II 129 IV 140 VI 145 VIII.... 119 National Treatment. Colombia Treaty Salvador ...- Switzerland... Non-obstruction of Goods in. Zanzibar ........ Treaty Prohibitions. See PROHIBITIONS. To Egypt and Morocco through British and French Possessions in Africa. France Convention April 8,1904 Transit Certificates. See CEBTIFICATES, 87 839 3 323 Art. X 110 588 XXIX 190 980 XII... 202 1026 25 323 484 545 642 722 739 918 Feb. 16, 1866. Art. V 41 201 Oct. 24, 1862. VI 145 739 Sept. 6,1855. VIII 119 918 April 30, 1886. Art. XII 2O2 1026 351 Transit Duties. China Treaty .,,,. Aug, 29, 1342, Art. X 22 66 >, Declaration ..., June 26, 1843 23 ' 68 Treaty .,* 26,1858. Ari XXVIII.... 2O 83 1138 INDEX, Transit Duties continued. No. Page China Agreement Nov. 8,1858. Rule 7 27 95 Sept. 13, 1876. Sect. Ill, 4 .... 29 107 Congo Convention Dec. 16,1884. Art. 1 42 209 France Feb. 28,1882. II 61 323 Greece Treaty Nov. 10, 1886. IV 88 461 Italy June 15, 1883. IV 98 498 Japan.. July 16,1894. ,, VII 1OO 512 Nicaragua 28,1905. V 127 631 Roumania Oct. 31,1905. ,, VII 139 710 Switzerland.... Sept, 6, 1855. IX 179 919 United States Convention May 31,1902. II 195 994 Transit Passes. China Convention Mar. 1, 1894. Art. IX 33 126 Transport. Of Imports inland. China Agreement Sept. 13, 1876. Sect. Ill, 4 .... 29 108 Of Native Produce purchased inland. China Agreement Sept. 13, 1876. Sect. Ill, 4 .... 29 108 Transport Duties. Turkey Capitulations. 1675, { A ^ L xv m } 183 { ^49 Transvaal. Application of Treaties to, United States Convention Mar, 2,1899. Art. IV 193 j Travel. Freedom of. Abyssinia Treaty..... , May 14,1897. Art, 1 1 2 Borneo May 27, 1817. II 2O 57 China.... June 26, 1858. IX 26 78 Colombia Feb. 16,1866. ,, XIV 41 204 Corea Nov. 26, 1883. IV, 6 44 219 Greece , 10, 1886. XII 88 464 Italy June 15, 1883, XIII, 1.. 98 501 Japan July 16,1894. 1 1OO 508 Morocco Dec. 9,1856. IV 113 557 Muscat , Mar. 9,1891. IV 116 584 Nicaragua July 28, 1905. XIII, 1... 127 634 Russia Jan. 12, 1859. XI 14O 724 Spain May 23, 1667, II 153 791 Sweden \pril 11, 1654. Arts. IV and X 17O ( L OOt5 Oct. 21,1661. Art. X 172 897 Switzerland.... Sept. 6,1855. I 179 916 Zanzibar April 30, 1886. IV 2O2 1021 Most-favoured-nation Treatment, Borneo Treaty May 27, 1847, Art. II 2O 57 Japan July 16, 189*, ,, I 1OO 502 Morocco Nov, 9, 1856, IV 113 557 Spain May 23, 1667, II 153 791 Sweden , April 11, 1654, ? , JV 17O 881 INDEX. 1139 Travel continued. National Treatment. Japan Treaty . Treaties. Abroation of. ' No. Pago July 1C, 1894. Art. 1 1OO 509 Siam .. Treaty Sept 3 1883. Art I. 151 781 United States Nov. 18. 1901. 194 991 Application to Colonies. See COLONIES. Arbitration as to Interpretation of. See ARBITRATION. Authoritative Text. China Convention ... April 27, 1906. Art. V 4O 193 Corea Treaty ... Nov. 26, 1883. ; , XII, 1... 44 224 Muscat... ... Mar. 19, 1891. XXII... 116 592 Siam ... April 18, 1855. Eeg. VI 148 763 ,, ,, ... Sept. 3, 1883. Art. XIV 151 786 Zanzibar , ... April 30, 1886. XXV .; 202 1030 Infraction of. See INFEACTION. Modification Of. Boumania ... Treaty.... Oct. 31. 1905. Art. XVI.., 139 712 Power of Colonies to withdraw from, See COLONIES. Private Injuries not to affect, Denmark enewal of Confirmation of Ancient. Denmark Treaty Feb. July Jan. Mar. Jan. May July Dec. Nov. Oct. Feb. Sept. Aug. July Mar. Jan, Oct, Aug. July Oct, 13, 166$. 12, 1670. 14, 1814. 4, 1857. 12, 1859. 13, 1856. &, 1670. 13, 1713. 9, 1713, 14, 1715. 9, 1729. 5, 1750. 10, 1763. 3, 1783. 28, 1814. 18, 1812. 18, 1826. 5, 1809, 20, 1818, 6, 1827. 15, 1899. 29, 1834. Art. XII ; XLI XIII XIII 49 5O 51 131 140 149 154 155 156 151 1 158 159 160 161 165 116 186 188 189 199 201 256 278 290 656 728 765 820 829 830 845 846 853 856 856 859 873 904 908 956 966 968 1007 1018 Persia Russia Siam Spain Agreement Treaty XIX I I XV .. . . I ?? Additional Articles Treaty Arts. II and VI Art. I IX II II ,1 Sweden S weden and Norway Turkey United States Uruguay Vciiezuelri.. ... II I Convention IV IV I Arts. I and II ... 1140 INDEX. Treaties continued. No. Page Revision of. Corea Treaty Nov. 26, 1883. Art. XI 44 221 Siam April 18, 1855. XI 148 760 Spain Sept. 3, 1783. Declarations 161 861 Zanzibar April 30, 1886. Art. XXVI 2O2 1031 With Native Chiefs. See CONGO BASIN, EASTERN ARCHIPELAGO, and NIADI KWILU. Trials. Of British Subjects for Offences against Natives. China Agreement Sept. 13, 1876. Sect. II, 2 20 105 Of Mixed Cases. China Agreement Sept. 13, 1876. Sect. II, 2 2O 106 559- Morocco Treaty Dec. 9,1856. { 113 Tribunals. See also COURTS. Access to. Belgium Convention Nov. 13,1862. Art. I Bolivia Treaty Sept. 29, 1840. Costa Kica Nov. 27,1849. France Convention April 30, 1862. Reference of Claims to. See CLAIMS. Tribute. See TAXES). VIII VIII , I... 561 Of Natives for Offences against British Subjects. China Agreement Sept. 13, 1876. Sect. II, 2 2O 105 Presence of Ambassador, Consul, or Interpreter. Turkey Capitulations 1675. { xrV ^l 18J Production of Evidence. Siam Treaty Sept. 3, 1883. Art. X 151 785 930 933 31 10 50 45 243 60 320 Tringano. British Trade. Siam ............... Treaty .................... June 20, 1826. Art. XII ?51 Trinidad. Application of Treaties to. United States Convention Mar. 2,1899. Art. IV 1O3J Uruguay Treaty Nov. 13, 1885. XIV 10S { 1008 988 990 Tunis. Duties on British Cotton Groods, France Convention Sept, 18, 1897. Art, II 64 334 Extension of Treaties with France (o, France Convention SepL 18, 1897. Art. 1 64 334 Most- favoured-nation Treatment in. France Convention Sept. 18, 1807. Art. 1 64 334 INDEX. 1141 Tunis continued. No. Page Privileges of British Consuls. France Convention Sept. 18, 1897. Art. I 64 334 Turkey. Trade with Persia. See PERSIA. Russia. See RUSSIA. u, Ugtuida. Application of Treaties to. {712 719 French Produce. Most-favoured-nation Treatment. France Convention Feb. 23, 1903. Art. II.; 12 349 Produce. Most-favoured-nation Treatment. France Convention Feb. 23,1903. Art. 1 12 349 Union for Protection of Industrial Property. See INDUSTRIAL PROPERTY. Uruguay River. Navigation of. Argentine Treaty.., July 10, 1853. { ^ ^J 1 ' } s{ ^ V. Vessels. Access to Ports. See POSTS. Adjudged as Prizes. See PRIZES, Captured. Restoration. Denmark Treaty July 12,-1670. Art. XXXII SO 275 Turkey Capitulations 1675. ,, XIX 183 931 Captured. Execution of Judgment on. Captured with Prohibited (roods. Denmark Treaty July 12, 1670. Art, XXXIY.... SO 276 Carrying Cargoes between Open Ports. Japan Treaty July 16,1894. Art. XI 1OO 514 Chartering of by Foreigners. Corea Treaty Nov. 26, 1883. Art. V 44 221 Morocco Dec. 9, 1856. XXXI 113 567 Detention of at Sea. Turkey Capitulations 1675. { Arts> , , ^ VI1 1 183 j JS2 I ana L. v J |_ y-to Discharging without permission. Siam Treaty April 18, 1855. Reg. IV 148 762 1142 INDEX. essels continued. Discriminating Duties on. Salvador Treaty Duties on. United States Convention Duties on. National Treatment. United States Convention Oct. 24, 1862. June 5, 1903. July 3, 1815. Art. VIII Art. I Art I ... No. 145 196 187 Page 739 996 980 Entering Ports for Repairs. Morocco Treaty.... Dec. 9, 1856. Art. XXXII. . 113 667 Entering Ports not bound to discharge Morocco Treaty Entrance and Clearance of. Corea Treaty Siam.. . ,, Cargo. Dec. 9, 1856. Nov. 26, 1883. April 18 1855 Art. XXVIII .... Regulation I y 113 44 148 566 225 762 Examination of Papers by Vessels of } Spain Treaty..... Finnish. Application of Treaty to, Russia . Treaty . Var. May 23, 1667. Jan 12 1859 Art. XIV Art XIX 153 14O 798 7*>8 Immunity of. Sweden . Treaty April 11 1654 Art V I () QQ1 In Distress. Denmark Treaty Italy Oct. 21, 1661. Feb. 13, 166. June 15 1883 V Art, XIV^ IX' 172 40 98 895 257 4QQ Japan t> July 16, 1894 XII loo 514 Mexico ,, Nov. 27, 1888. >, XII 111 550 Mar 19, 1891 XI 116 588 Nicaragua t July 28 1905 IX 63 9 Paraguay ,, Oct. 16, 1884. XIII. 129 616 Eoumania Salvador.., ,, 31, 1905. 24, 1862. XIII XI 139 145 711 740 Siam ., Spain June 20, 1826. May 23, 1667. July T \, 1670. VIII XIII x... 147 153 154 750 797 823 April 11, 1654. VI 17O 882 Oct. 21, 1661. VI . .. 172 895 Turkey Capitulations Uruguay Treaty 1675. Nov. 13, 1885. /Arts. IV and! I XXXVIII f Art XII 183 | 198 928 937 1004 Zanzibar April 30, 1886 , XIII 2O2 1026 Liabilities on entering Ports. China Treaty }J Agreement April 26, 1858. Nov. 8, 1858. Art, XXXVII.. Rule 6 ... 26 27 86 95 Liberty to remain or depart, Turkey Capitulations Loading and Unloading of. Morocco Convention .., 1675. Dec, 9, .185G. f Arts. Ill and 1 I XL | Art. XI 183 | 114 928 938 578 Vessels continue Loading and Unl Argentine Venezuela Loading and Unl Argentine Bolivia d. wading of. Most- Treaty INDEX. favoured-nation Tre ... Feb. 2, 1825. ... April 18, 1825. nal Treatment. ... Feb. 2, 1825. . Sept. 29, 1840. atment. Art. IX IX No. 2 2OO 2 19 41 45 01 88 98 10O 121 133 139 140 145 2OO 4 19 59 84 95 1OO 111 128 195 198 200 2 4 19 41 58 88 95 98 100 111 119 120 127 129 139 140 145 1143 Page 13 1012 13 50 202 243 326 462 499 513 632 693 711 723 740 1012 55 317 453 485 510 546 639 995 1000 1012 13 22 f 49 \ 54 203 306 463 485 500 516 546 608 613 633 643 - 712 724 740 loading of. Natio Treaty Art. IX ',', VIII IX . ... Colombia ... Feb. 16, 1866. Costa Rica 1 ..... France Greece Italy . Nov. 27, 18 i9. Convention Treaty ... Feb. 28, 1882. ... Nov. 10, 1886. June 15, 1883 VIII VII Japan Nicaragua Peru ... July 16, 1894. 28, 1905. . April 10, 1850 X VIII VIII XI VII Roumania Russia Salvador Venezuela Most-fa voured-m Austria-Hun - gary Bolivia.., France ... Oct. 31, 1905. Jan 12 1859 Oct 24 1862 X ix Art I ition Treatment. Treaty ,.. Apr. 18, 1825. ... April 30 1868 Convention ... Sept. 29, 1840. . Feb. 26 1826 Add. Art. II.. ... Art IV . Germany Honduras,.,.... Japan . Declaration ... April 10, 1886. 3 Treaty ... Jan. 21, 1887. ... July 16, 1894. ... Nov. 27, 1888. ... July 16, 1824. ... May 31 1902. Art III. . . . Ill Mexico Norway United States Uruguay Venezuela National. DeGni Argentine Austria - Hun- gary Bolivia Declaration Convention Art. Ill . Treaty ... Nov. 13, 1885. ,. April 18 1825. ,',' ix Art. VII , tion of. Treaty ... Feb. 2, 1825. . April 30, 1868. .. Sept 29 1840 / Art. VII and 1 \ Add. Art. I / Art. X . y Colombia Egypt Greece Honduras Italy Japan 5> Convention . .. Feb. 16, 1866. Oct. 29 1889. Treaty ... Nov. 10, 1886. ... Jan. 21, 1887. ... June 15, 1883. July 16, 1894. IX Ill X XIII IV Ill Mexico... Netherlands .. ... Nov. 27, 1888. Oct 27 1837 Nicaragua Paraguay Roumania Convention Treaty ... Mar. 27, 1851. ... July 28, 1905. ... Oct. 16, 1884. ,, 31, 1905 II x IV XIV IX ,, IX Russia ;.... Salvador .. Jan. 12, 1859. ... Oct. 24, 1862. 1144 INDEX. Vessels continued. National. Definition of continued. No. Page Uruguay Treaty Venezuela National Treatment. Austria-Hun- Treaty Nov. 13, 1885. April 18, 1825. April 30, 18G8. June 16, 1824. Oct. 29, 1889. Feb. 28, 1882. April 10, 1886. Jan. 21, 1887. July 16, 1894. Nor. 21, 1848. Dec. 9, 1856. Art. Ill f Art. VII and 1 \ Add. Art. f Art, I 198 200 4 53 58 61 84 95 1OO 1O 114 128 129 5O 183 113 20 133 | 20 < 3 5O 58 153 183 2O 41 01 88 98 100 12? 139 140 1001 rion [1015 21 294 306 325 453 485 510 538 576 639 643 273 945 567 86 938 r 86 I 87 17 269 311 795 945 89 202 326 462 499 513 632 711 723 gary I Egypt. .. V , VII Germany Declaration .. 3 Hondura^ Treaty Art. Ill III Japan ,, Liberia HI X Norway Declaration Paraguay Treaty July 16, 1824. Oct. 16, 1884. Nov. 13, 1885. July 12, 1670. 1675. )ds. Dec. 9, 1856. June 26, 1858. 1675. 3. June 26, 1858. July 10, 1853. July 12, 1670. Oct. 29, 1889. May 23, 1667. 1675. June 26, 1858. Feb. 16, 1866. 28, 1882. Nov. 10, 1886. June 15, 1883. July 16, 1894. 23, 1905. Oct. 31, 1905. Jan. 12, 1859. Art. IV III Art. XXVI LV Art. XXX Art. XXXVII .. Art. XLI /Arts. XXXVIII t and XXXIX Art. II ,. Uruguay ,, Non-detention of. Denmark... . Treaty Turkey Capitulations Not bound to carry Passengers or Go( Morocco Treaty Papers of. Delivery to Consuls. China Treaty . .. Passenger. Duties on. Turkey Capitulations Permits to land and discharge Cargoes China , Treaty Privileges in Argentine Ports. Argentine Treaty . Uemeasurement of. Denmark Treaty Art. XIX Art. XII X Search by Customs Officers. Egypt Convention Spain Treaty Turkey... Capitulations Smuggling. Penalties. China Treaty LV Arts. XLVIII and XLIX Art VIII Stationing of. National Treatment. Colombia Treaty . . France Convention Greece Treaty . . ... .. VIII VII Italy.,. ,, , Japan ,, Nicaragua , t Roumania ,, Kussia.... ,, VII x VIII XI VII... INDEX. 1145 Vessels continued, Supervision of. Egypt Convention S applies for. Turkey Capitulations Trading. Qualification for. Bolivia Treaty , Oct. 29,1889. Art. XII No. Page 58 311 Arts. V andl 928 183 Trading with non-open Ports. China Treaty Corea, Waiters on. Sept. 29, 1840. Art. VII 19 49 June 26, 1858. Art. XLVII 26 89 Nov. 26, 1883. VI 44 226 Vessels of War. Admission, Privil Bolivia Borneo eges, &c. Treaty .. Sept. 29, 1840. Art II .. 19 20 26 44 45 49 50 108 113 133 145 148 153 111 112 50 50 113 186 4 { 88 1 "{ 47 59 90 223 211 259 274 541 565 692 737 758 798 883 886 891 896 273 276 565 957 248 249 466 469 489 494 .. May 27, 1847. VII LII VIII II XX XXX X China Corea . . .. June 26, 1858. .. Nov. 26, 1883. Costa Rica Denmark Liberia 5> 27, 1849. .. Feb. 13, lC6ft. . July 12, 1670 .. Nov. 21, 1848. Morocco " .. Dec. 9, 1856. April 10 1850 XXVI Peru . . II II , VII Salvador Siam .. Oct. 24, 1862. April 18 1855 Spain.. .. May 23, 1667. 11, 1654 XVI .. Sweden /Arts. IX andl I XVI } Art. VI .. July 17, 1656. Defence of Mercl Denmark Not to injure Pri Denmark Of Enemy of one Morocco Passage through Turkey Victoria. Application of Ti Costa Rica Greece Honduras mnt-Vessels by. Treaty .. Oct. 21, 1661. July 12 1670 IX Art. XXVIII... Art. XXXV Art. XXV Art XI vate Individuals. Treaty . .Tnlv 12. Ifi70 Country in Ports of the other. Treaty Dec. 9, 1856. Bosphorus and Dardanelles. Treat v J a " 5- 1S09 eaties to. Convention Treaty .. Mar. 5, 1898. .. Nov. 10, 1886. . Jan 21 1887. Art. II XVII XIV " J146 INDEX. Victoria continued. No. Page Application of Treaties to continued. Italy ............... Treaty .................... June 15, 1883. Art. XIX ........... 98J ^ Mexico ........... ................... Nov. 27,1888. XIV..,. lllj ^J [_ ooo c f! iff Paraguay ...... .................... Oct. 16,1884. XV .............. 129 j jgj Koumaiiia ..... Convention ............ ' 1893 - n ................ * 38 706 Salvador ........ Agreement ............. Juno 23,1886. 2 ...................... 146 j ^ Coasting Trade. Austria-Hun- Treaty .................... April 30, 1868. Art. II ............... 4 21 gary Vinegar. Duty on. France ............... Convention ............ Feb. 19,1903. Art. II .............. 7O 345 ................ ............ 19,1903. II... ........... 71 347 Visits. Domiciliary. See DOMICILIAEY VISITS. w. Wai-cliow (Hui-cliow). Opening of to Trade. China Treaty Sept. 5,1902. Art. VIII.. ...... 39 175 Wallis or Belize River. Navigation. Spain Treaty Sept. 3,1783. Art. VI ... 1G1 859 Convention July 14, 1786. III 1O2 863 W anhsien. Opening of to Trade. China Treaty Sept. 5,1902. Art. VIII 39 175 War. Amnesty for Acts during. See AMNESTY. Contraband of. See CONTRABAND OF WAR. Expenses. See INDEMNITY. Navigation of Rivers in time of. See NAVIGATION. Vessels of. See VESSELS OF WAB. Warehouses. Erection, Hiring, &c., of. Argentine Treaty Feb. 2,1825. Art. II 2 11 Bolivia..., , Sept. 29, 1840. II.... 19 47 China ., June 26, 1858. XII 26 79 Colombia : Feb. 16, 1866. XIV... 41 204 Costa Rica , Nov. 27, 1849. ,, II 45 241 Greece 10, 1886. , XII..., 88 464 INDEX. 1147 Warehouses. Erection, Hiring, &c., of continued. No. Page Honduras , Treaty .... Jan. 21, 1887. AH. TV 95 485 Italy ... June 15, 1883. XIII, 2.... 98 501 Japan ... July 16, 1894. HI 1OO 510 Mexico ,... Nov. 27, 1888. V 111 547 Morocco. .... Dec. 9, 1856. IV..., 113 557 5J Convention 9, 1856. I : 114 571 Nicaragua Treaty .... July 28, 1905. XIII'. 127 63i Peru .... April 10, 1850. II 133 692 Russia .... Jan. 12, 1859. XI 140 724 Spain ,, .... Dec. 9, 1713. IV 156 834 Switzerland... .... Sept. 6, 1855. I 179 916 United States Convention .... July 3, 1815. I 187 959 Uruguay Treaty .... Nov. 13, 1885. IV 198 1001 Venezuela.. ... .... April 28, 1825. II :.... 200 1010 Zanzibar 30, 1886. " IV 202 1021 Warehousing. Denmark., Treaty . July 12, 1670. Art. IX 5O 265 Most-favoured-nation Treatment. France Convention .... Feb. 28, 1882. Art. I 61 323 Nicaragua Treaty .... July |28, 1905. v 127 631 Russia Jan. 12, 1859. IV 140 722 Salvador .... Oct. 24, 1862. ,', VI :..... 145 739 Switzerland... Sept. 6, 1855, f Arts. VIII \ \ and IX J m { 918- 919 National Treatment. Colombia Treaty Feb. 16, 1866. Art. V 4O 200 Denmark July 12, 1670. -L-A. 50 265 Greece Nov. 10, 1886. IV 88 461 Italy June 15, 1883. IV ; 98 498 Japan July 16, 1894. VII 100 512 Nicaragua 28, 1905. v 127 631 Peru April 10, 1850. VIII 133 693 Salvador Oct. 24, 1862. VI 145 739 Switzerland... Sept. 6, 1855. VIII 179 918 Weights and Measures. China Agreement Nov. 8, 1858. Rule 4 27 Standards at Consulates. See CONSULATES. Wei-hai W T eI. Application of Treaties to. Roumania..,.. Treaty Oct. 31,1905. Art. XVII 139 712 719 Wellancl Canal. Navigation. United States Treaty May 8,1871. Art, XXVII 19O 070 Wenehow open to Trade. China Agreement. Sept. 13, 1876. Sect. Ill, 1 .... 29 106 1148 INDEX. Western Australia. Application of Treaties to. . K"o. Page Costa Eica ..... Convention ............ Mar. 5,1898. Art. IT ................ 46 j ^jo Greece ............ Treaty .................... Nor. 10, 1886. XVII ......... 88 j Honduras ...... .................... Jan. 21,1887. XIY ........... 93 j ^ Italy ............... . .................... June 15, 1883. XIX ........... 98 { ^ Mexico ........... .................... Nov. 27, 1888. XIY ........... Ill j f^ Paraguay ....... .................... Oct. 16,1884. XY ............. 129 { ^ Roumania...... .................... May 4,1892. II ................ 137 [ 1^ Salvador ......... Agreement ............. June 23, 1886. 2 ...................... 146 j ^ Western Pacific. Freedom of Trade, &c. Germany ........ Declaration ............ April 10, 1886. 2 ...................... 84 452 Definition of. Germany ........ Declaration .......... . April 10, 1886. 1 and 6 ......... 84 j Penal Settlements in. Germany ....... Declaration ............ April 10, 1886. 5 ...................... 84 454 West Indies. Trade with. Spain ............. Treaty .................... July T 8 5 , 1670. Art. YIII .......... 134 823 United States .................... 3, 1815. II ................ 187 961 W'est River. Opening of Ports to Trade and Ports of Call. China .............. Agreement ............ Feb. 4,1897. Special Art ....... 34 136 Wlmnipna. Erection of Bridge at. China ............. Agreement ............. April 6, 1817. 6 ...................... 25 73 Windward Islands. Application of Treaties to. r QHK United States Convention ............ Mar. 2, 1899. Art. IY ............. 193 j ^ Wine. Duty on. y ranco ........... Agreement ............. Feb. 6,1893. Art. 1 .............. 63 331 ............ Convention ............ April 16, 1902. II ............... 68 341 Siam ............... Agreement ............. 6,1883. I ................ ISO 777 Liberty to make. Turkey ........... Capitulations ........ 1675. Art. XXIX ....... 183 934 Licences for retailing. ............... Agreement ............. April 6,1883. Art, IY ........... ISO 778 Sparkling. Duty on. . Fran ce ........... Agreement ............. Feb. 6,1893. Art. IY ............. 63 333 INDEX. Wins On (Yung-an). Port of Call. China Treaty Sept. 5,1902. Art. X... Wimsan (G-ensan) opened to Trade. Corea Treaty Nov. 26, 1883. Art. IV, 1 Worship. See RELIGIOUS WORSHIP. 1149 No. Page 39 182 44 218 Wrecks. Assistance to, Consular Interference, &c. Austria- Hun- Treaty April 30, 1868. Art. Ill 4 22 gary Borneo May 27, 1847. VIII 20 59 Declaration Aug. 17, 1878. 21 China Treaty June 26, 1858. Art. XX 26 81 Colombia Feb. 16, 1866. XX 41 207 Corea Nov. 26, 1883. VII 44 222 Denmark . Feb. 13, 166a. /Arts. VIII 1 1 and XV | 49 { 255 257 July 12, 1670. Art. XXV 50 272 France Declaration Oct. 23, 1889. 62 { 328- 330 Gfreece Treaty Nov. 10, 1886. Art. VIII 88 462 Honduras } j Jan. 21, 1887. XII 95 488 Italy ,, June 15, 1883. IX 98 499 Japan 5J July 16, 1894. XII 1OO 514 Liberia jj Nov. 21, 1848. VI 108 539 Mexico 27, 1888. XII 111 550 Morocco jj Dec. 9, 1856. XXXIII... 113 568 Muscat Mar. 19, 1891. XI 116 588 Netherlands .. , Oct. 27, 1837. VI 119 609 j. Convention ..'.'. Mar. 6, 1856. ... IX 121 619 Nicaragua Treaty July 28, 1905. IX 127 632 Paraguay Oct. 16, 1884. XIII 129 646 Peru ,, April 10, 1850. XIV 133 696 Eoumania Oct. 31, 1905. XIII 139 711 Eussia Jan. 12, 1859. XVI 140 726 Salvador M Oct. 24, 1862. XII 145 740 Siam June 20, 1826. VIII 147 750 Sweden }t April 11, 1654. VII 170 882 )f Oct. 21, 1661. VII 172 895 Turkey Capitulations.. 1675. VI 183 928 Uruguay Treaty Nov. 13, 1885. XII 198 1004 Zanzibar ,, April 30, 1886. xm 202 1026 Wuchow-fu opened to Trade. China Agreement . Wiihu opened to Trade. China Agreement.. Wu-sueh. Port of Call. China Agreement.. Feb. 4,1897. Special Art 34 136 Sept. 13, 1876. Sect. Ill, 1 29 106 Sept. 13, 1876. Sect. Ill, 1 29 106 [536] 4 F 1150 INDEX. Y. Yaiighwa Chin opened to Trade. No. Page Corea ............. Treaty .................... Nov. 26, 1883. Art. IV, 1 ..... 44 218 Yangr-tsze-Kiang. Navigation of. China ............. Treaty .................... Sept. 5,1902. Art. V ................ 39 173 Open to Trade. China. ............. Treaty ................... Feb. 26, 1858. Art. X ................ 26 78 Trade on. China ............. Regulations ........... Aug. , 1898 .......................... 36 139 Yuet Sins (Yueh-ch'eng). Port of Call. China. ............ Treaty .................... Sept. 5,1902. Art. X ................ 39 182 Yukon River. Navigation. UnitedStates. Treaty .................... May 8,1871. Art. XXVI ....... 19O 979 Yung Ki (Jung-chi). Port of Call. China ............. Treaty ............ ........ Sept. 5,1902. Art. X ................ 39 182 Yunnan. British Officers stationed in. China ............. Agreement ............ Sept. 13, 1876. Sect. I, 4 ........ 29 103 Mission from India to. China ............. Agreement ............. Sept. 13, 1876. Sect. I, 4 ...... 29 103 Opening of Trade. China .............. Agreement ............ Sept. 13, 1876. Sect. I, 4 ........ 29 103 Outrage. Z9 Trade with Burmah. China ........... Agreement ............ Sept. 13, 1876. Sect. I, 3 ........ 29 103 z. Zanzibar. Custom-house. Erection of. Zanzibar Treaty April 30, 1886. Art. XII 202 1026 Customs Regulations. Zanzibar Treaty April 30, 1886. Art. VI 2O2 1022 Dues on Vessels. UnitedStates Convention June 5,1903. Art. 1 196 996 Duties on French Brandy. France Agreement June 27, 1901. Art. 1 67 INDEX. 1151 Zanzibar continued. No. Page Goods landed under False Declaration. Zanzibar Treaty April 30, 1886. Art. XV 2O2 1026 Import Duties. United States Convention May 31, 1902. Arts. I and II... 195 j ggg Obligations under Brussels Act of 1890. United States Convention May 31, 1902. A.rt. I 195 994 Products. Duty on. Most-favoured-nation Treatment. France Agreement June 27, 1901. Art. II 61 340 Reciprocal Most-favoured-nation Treatment in Commerce and Navigation. Russia Agreement Aug. if , 1896. Art. 1 142 731 Relations with the United States. United States Convention May 31,1902. Art. I 195 994 Zeyla. Free Passage of Groods for Ethiopia. Abyssinia Treaty May 14, 1897. Art. IV 1 3 Zeyla- Harrar. Caravan Route. Abyssinia Treaty May. 14, 1897. Art. Ill 1 2 [SUPPLEMENT.] [536] 4 F 2 ( 1153 ) SUPPLEMENT. TREATIES, &o., WHICH HAVE COME INTO FORCE SINCE JULY 1, 1907. .m December 9, 1905.] BULGARIA. 1155 BULGARIA. No. 1. CONVENTION OF COMMERCE, CUSTOMS DUTIES, AND NAVIGATION BETWEEN GREAT BRITAIN AND BULGARIA. Signed at Sofia, December 9, 1905.* [Ratifications exchanged at Sofia, November 26, 1907.] His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, on the one part, and His Royal High- ness the Prince of Bulgaria on the other part, being desirous to extend and facilitate the relations of commerce already existing between the two countries, have determined to conclude a new Convention 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 and of the British Dominions beyond the Seas, Emperor of India, Sir George William Buchanan, Knight Commander of the Eoyal Victorian Order, Companion of the Most Honourable Order of the Bath, His Britannic Majesty's Agent and Consul- General at Sofia ; And His Royal Highness the Prince of Bulgaria, Monsieur Dimitri Staiicioff, Doctor at Law, Minister Plenipotentiary, Grand Cross of the National Order for Merit, Grand Officer of the Princely Order of St. Alexander in brilliants ; 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. Fimlom of Commerce and Navigation. Taxes, &c. National and Most-favoured -nation Treatment. There shall be full and complete freedom of commerce and navigation between the territories of the two Contracting Parties. * Signed also in French. 1156 BULGARIA. [December 9, 1905 . The subjects of each of the two Contracting Parties shall not be subject, in respect of their commerce or industry in any port, town, or place of the respective countries, whether they may be established or temporarily residing in them, to any taxes, imposts, or licences of any kind whatever other or greater than those which may be imposed upon native subjects or subjects or citizens of the most favoured nation. Commerce, Navigation, and Industry. National Treatment. Any privileges, immunities, and other favours in matters ol commerce, industry, and navigation which are or may be enjoyed by the native subjects of one of the Contracting Parties shall be extended to those of the other. ARTICLE II. Exemption from Military Service, Requisitions, &c. The subjects of either of the two Contracting Parties in the territories of the other shall be exempted from all military service and from any military exactions and requisitions. Owners of landed Property. National and Most -favoured-nation Treatment. The charges connected with the possession, by any title, of lauded property are excepted, as well as the military exactions and requisitions to which all subjects of the country and subjects or citizens of the most favoured nation may be" liable as owners or occupiers of real property. Exemption from Municipal, &c., Functions, except Jury Service. They shall be equally exempted from all obligatory official functions whatever judicial, administrative, or municipal other than those imposed by the laws relating to juries. ARTICLE III. Trade and Industry, Agents, Acquisition of Houses, Warehouses, &c. National and Most-favoured-nation Treatment. The subjects of each of the Contracting Parties, in any place whatever in the possessions of the other, shall have the right to exercise any kind of industry whatever, to carry on trade, either wholesale or retail, in all products, manufactured objects and articles of lawful commerce, either in person or by their agents, alone or in partnership with foreigners or native December 9, 1905.] BULGARIA. 1157 subjects ; they shall have the light to acquire, hire, and occupy houses and shops, to acquire, hire, and possess land, subject to their conforming, like native subjects themselves or subjects or citizens of the most favoured nation, to the laws and regula- tions of the respective countries. ARTICLE IV. Import and Export Duties. Most-favoured-nation Treatment. Each of the two Contracting Parties engages to extend to the other, immediately and without compensation, any favour, privilege, or reduction as regards the tariffs of import or export duties on articles whether mentioned or not in the present Convention, which is or may be granted by one of them to a third foreign Power. Prohibitions of Importation and, Exportation. Most-favour ed-^iiation Treatment. The Contracting Parties further engage not to establish towards each other, except on sanitary grounds or to prevent the spread of the diseases of animals or the destruction of crops, or in the case of bounty-fed goods, or in view of warlike events, any duty or prohibition on importation or exportation which shall not at the same time be applicable to other foreign States. Warehousing, Bounties , Drawbacks, lie-exportation, Transit, Customs, &c. National and Most-favoured-nation Treatment. British subjects and goods in Bulgaria, and Bulgarian subjects and goods in the United Kingdom of Great Britain and Ireland, shall enjoy perfect equality of treatment with native subjects and goods and with the subjects or citizens and goods of any other foreign country in all that concerns consumption, warehousing, boimties, drawbacks, facilities, re- exportation, transit, transhipment, the accomplishment of Customs formalities, and, in general, in all that relates to the exercise of commerce or industry. ARTICLE V. Bulgarian Goods in United Kingdom. Most-favoured-nation Treatment. Merchandize of Bulgarian origin or manufacture shall be admitted, on importation into the United Kingdom of Great Britain and Ireland, to the enjoyment of the advantages of the lowest duties applicable to similar merchandize originating from other foreign countries which are or may be established. 1158 BULGARIA. [December 9, 1905. British Goods subject to Tariff. Merchandize of British origin or manufacture shall pay, on its entry into Bulgaria, the duties specified in the Tariff annexed to the present Convention. ARTICLE VI. Internal Duties. National and Most-favoured-nation Treatment. The internal duties levied on account of the State, communes, or corporations which are or shall be imposed on the produce, manufacture, or consumption of an article in the territories of one of the Contracting Parties shall not, under any pretence whatever, be applied to the produce of the other to a higher or more vexatious extent than to the native produce of the same kind or the produce of the most favoured nation. Imports Warehoused or in Transit Exempted. The produce of the soil and industry of one of the countries imported into the other for the purpose of warehousing or transit shall not be subjected to any internal duty. ARTICLE VII. Commercial Travellers. Most-favoured-nation Treatment. Certificates, Taxes on Licences, &c. The stipulation of this Convention with regard to the granting of the treatment of the most favoured nation applies unconditionally to the treatment of commercial travellers and their samples. It is agreed that the Legitimation Certificates for com- mercial travellers representing British houses can be granted by Chambers of Commerce in the United Kingdom according to the form appended hereto. Commercial travellers must be provided, in accordance with Article 6 of the Bulgarian Law of the ^\piT h ' 1905, relating to commercial travellers with a special licence, the tax on which, levied for the profit of the State, shall not exceed 150 francs for the entire year and 100 francs for six months, if the commercial traveller represents a single commercial house. If he represents more than one, this tax is increased by an additional 100 francs for the whole year and by 50 francs for six months. It is understood that these taxes are only payable by the house of business, and that, in consequence, the tax is only to be paid once, whether the house of business sends one or several commercial travellers in its service. December 9, 1905.] BULGARIA. 1159 ARTICLE VIII. Vessels and Cargoes. National Treatment. Bulgarian vessels and their cargoes in the United Kingdom, and British vessels and their cargoes in Bulgaria, whether arriving directly from the country of origin or from any other country, and whatever may be the place of origin or the destination of their cargoes, shall enjoy in all respects the same treatment as national vessels and their cargoes. Duties, &c., on Vessels. National Treatment. No duties, taxes, or charges of any kind levied under any denomination, on the hull, the flag, or the cargo of a vessel, in the name or for the profit of Government, public functionaries, individuals, corporations, or establishments of any kind, shall be imposed on the vessels of one of the two States in the ports of the other on their arrival, during their stay or departure, which are not equally and under the same conditions imposed on national vessels. ARTICLE IX. National Vessels. All vessels which, according to British law, are deemed to be British vessels, and all vessels which, according to Bulgarian law, are deemed to be Bulgarian vessels, shall, for the purposes of the present Convention, he deemed British and Bulgarian vessels respectively. ARTICLE X. Stationing, Loading and Unloading of Vessels. National and Most-favoured-nation Treatment. In all that regards the stationing, loading, and unloading of vessels in the ports, roadsteads, harbours, docks, rivers, or canals, and generally in respect of all the formalities and provisions of all kinds applicable to merchant-vessels, their crews and cargoes, no privileges or favours shall be granted to national vessels of either State which shall not be equally granted to vessels of the other, the intention of the Contracting Parties being that in this respect British and Bulgarian vessels shall be treated on the footing of perfect equality, and shall reciprocally enjoy the advantages granted to the most favoured nation. ARTICLE XI. No Duty on Undischarged Cargo. Bulgarian vessels entering a British port, and reciprocally British vessels entering a Bulgarian port, for the purpose of 1160 B ULG ABI A. [December 9, 1905. discharging a portion only of their cargo, may, on compliance with the laws and regulations of the respective States, retain on board that portion of their cargo which is destined for another port, whether in the same or in another country, and may re- export the same without having to pay any customs duty for this latter portion of their cargo. ARTICLE XII. Coasting Trade. Most-favoured-nation Treatment. Vessels of either of the Contracting States shall enjoy in the other the treatment accorded to the most favoured nation in all that concerns the coasting trade. Port to Port Trade. British and Bulgarian vessels may proceed from a port of either of the two States to one or more ports of the same State, either for the purpose of discharging the whole or part of their cargo brought from abroad or of taking on board the whole or part of their cargo for a foreign destination. ARTICLE XIII. Tonnage, Harbour, Pilotage, Light, and Quarantine Dues. National and Most-favoured-nation Treatment. British ships and goods in Bulgaria, and Bulgarian ships and goods in the United Kingdom shall enjoy, as regards tonnage, port, pilotage, light, and quarantine dues, and all similar duties levied in the ports, docks, roadsteads, and harbours of the con- tracting countries, and in all other respects, the same treatment as native ships and goods and as those belonging to the most favoured nation. ARTICLE XIV. Vessels in Distress. National Treatment. Any vessel of either of the two States which may be compelled by stress of weather or by accident at sea to take shelter in a port of the other State shall be at liberty to refit there, to procure all necessary stores, and to put to sea again without paying any dues other than such as would be payable in a similar case by a vessel under the national flag. Wrecks. In case of wreck or running aground, the vessel, or the parts thereof, the ship's papers, and all goods and merchandize saved from the wreck or the proceeds thereof, if sold, shall be given up to the owners or their agents, when claimed by them. December 9, 1905.] BULGARIA. 1161 Salvage. National Treatment. The intervention of the local authorities in salvage operations shall not give rise to the payment of dues of any kind other than those necessitated by the salvage operations and the preservation of the property saved, or other than those to which national vessels would be subjected in a similar case. The Contracting Parties agree, moreover, that merchandize and goods saved shall not be subjected to the payment of any customs duty unless destined for internal consumption. ARTICLE XV. Trade Marks. National Treatment. The subjects of each of the Contracting States shall enjoy in the other the same protection as native subjects in all that concerns the ownership of trade and commercial marks, upon fulfilment of the formalities prescribed by the respective laws of the two countries as regards this matter. ARTICLE XVI. Fisheries. Most-favoured-nation Treatment. The stipulations of the present Convention do not apply to the advantages which are or may be accorded to the produce of national fisheries. Nevertheless, the subjects of the two Contracting Parties shall enjoy the treatment of the most favoured nation in this matter. ARTICLE XVII. Favours to adjoining States. The preceding provisions do not apply to 1 . The favours already granted, or which may be granted in the future, to adjoining States to facilitate local traffic within a zone corresponding to the frontier district of each of the two countries, but riot exceeding 15 kilom. in breadth on each side of the frontier ; Obligations of Customs Unions. 2. The obligations imposed on one of the two Contracting Parties by the stipulations of a Customs Union already con- cluded or which may be concluded in the future. 1162 BULGARIA. [December 9, 1905. ARTICLE XVIII. Controversies as to Tariffs or Interpretation or Application of Convention to be settled by Arbitration. Any controversies which may arise between the Contracting Parties regarding the interpretation or application of the Tariffs annexed to the present Convention, including the addi- tional stipulations concerning these Tariffs, as well as the rates of the Conventional Tariffs agreed upon between the Contract- ing Parties and third States, shall, on the demand of one or the other of the Contracting Parties, be adjusted by means of arbitration. The Court of Arbitration shall, in each case, be constituted by each of the Contracting Parties naming an Arbitrator from among the competent subjects of its country, and by the two Contracting Parties choosing a subject of a third friendly country to act as Umpire. The Contracting Parties reserve the right to come to an understanding in advance and for a given period upon the choice of the person to be appointed as Umpire. Should occasion require, and subject to a special under- standing to that effect, the Contracting Parties will equally submit to arbitration controversies regarding the interpretation or application of the present Convention, other than those which are mentioned in the first paragraph. ARTICLE XIX. Annexes and Final Protocol to be part of Convention. The Annexes as well as the Final Protocol shall be con- sidered as forming an integral part of the present Convention. ARTICLE XX. Application to Colonies. The stipulations of the present Convention shall not be applicable to any Colony, Possession, or Protectorate of His Britannic Majesty beyond the seas, unless notice to that effect shall have been given on behalf of any such Colony, Possession, or Protectorate, by His Britannic Majesty's Representative at Sofia, to the Minister for Foreign Affairs of His Royal Highness the Prince of Bulgaria, within one year from the date of the exchange of the ratifications of the present Convention. British Colonial Produce. Reciprocal Most-favoured-nation Treatment. ' Nevertheless, the goods produced or manufactured in any of His Britannic Majesty's Colonies, Possessions, or Protectorates December 9, 1905.] BULGARIA. 1163 shall enjoy in Bulgaria complete and unconditional most- favoured-nation treatment HO long as such Colony, Possession, or Protectorate shall accord to goods of Bulgarian origin or manufacture treatment as favourable as it gives to the similar produce or manufacture of any other foreign country. Right of Colonies to separately Terminate Convention. His Britannic Majesty's Government shall also have the right to terminate separately the present Convention, at any time, on giving twelve months' notice to that effect, on behalf of any British Colony, Possession, or Protectorate which may have adhered thereto. Cyprus. It is understood that the provisions of this Article apply equally to the Island of Cyprus. ARTICLE XXI. Ratification and Duration of Convention. The present Convention shall be ratified, and the ratifica- tions shall be exchanged at Sofia as soon as possible. It shall come into effect on the lst/14th January, 1906 ; it shall remain in force until the lst/14th January, 1911. In case neither of the Contracting Parties shall have given notice to the other, twelve months before the expiration of the said period, of the intention to terminate the present Con- vention, it shall remain in force until the expiration of one year from the day on which either of the Contracting: Parties shall have given such notice. In witness whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. (L.S.) GEORGE W. BUCHANAN. (L.S.) STANCIOFF. 1164 BULGARIA. [December 9, 1905. Modele. CARTE DE LEGITIMATION POUR VOYAGEURS DE COMMERCE. (Armoiries.) Pour 1'annee... No. de la carte.., VALABLE POUR LE ROYAUME-UNI DE LA GRANDE-BRETAGNE ET D'IRLANDE ET LA BULGARIE. PORTEUR : (Prenom et nom de famille.) Fait a le (jour, mois, annee). (Sceau.) (Autorite competente.) Signature. IL est certifie que le porteur de la presente carte ( possecle un (designation de la fabrique ou du commerce) a ^ sous la raison ( est employe, comme voyageur de commerce, dans ia maison < a qui y possede un (designation \ de la fabrique ou du commerce). Le porteur de la presente carte desirant rechercher des commandes et faire des achats pour le compt(3 de sa maison, ainsi que de la maison suivante [ou des maisons suivantes] (designation de la fabrique ou du commerce) a , il est certifie, en outre, que ladite maison est tenue [ou lesdites maisons sont tenues] d'acquitter dans ce pays-ci les impots legaux pour 1'exercice de son [ou leur] commerce (mdustrie). Signalement du Porteur : Age Taille Cheveux Signes particuliers Signature : Avis. Le porteur de la presente carte ne pourra rechercher des commandes ou faire des achats autrement qu'en voyagearit et pour le compte de la maison susmentionnee [ou des maisons susrnentionnees]. II pourra avoir avec lui des echantillons, mais point de merchandises. II se conformera, d'ailleurs, aux dispositions en vigueur dans chaque fitat. Nota. La ou le modele ci-dessus contient un double texte, le formulaire a employer pour 1'expedition des cartes presentera 1'espace necessaire pour y inserer 1'un ou 1'autre des textes, suivant les circon- stances du cas particulier. [December 9, 1905. BULGARIA. 1165 TARIFF. Import Duties in Bulgaria. In so far as the tax on any article depends on the taxation of any other article specified in the present Tariff, such tax shall be calculated according to the rate laid down in the Convention, and not according to the tax specified in the General Bulgarian Tariff. During the term of the Convention signed on the 9th December, 1905, the import duties on the goods specified below shall not exceed the rates scheduled as follows : Tariff Number. Classification. Duty per 100 kilog. Articles of Food. 40 Rice (a.) Hulled (b.) Unhulled 109 Fruit jams, compotes, marmalades, with sugar or honey, fruit pastes called " Majune " 110 Sweets of all kinds, and preserved fruits 115 Sweet biscuits of all kinds .. Miscellaneoii",. 134 Soap (a.) For washing and other ordinary use ... 294 Prepared hides and skins (a.) Sole leather of all sorts and qualities, entire, in half-skins, or in pieces, not specified; imitation leather made from leather parings (/.) Split leather of all kinds 355 358 Cotton : Raio Cotton, Cotton Yarns, and Tissues. Cotton, raw, carded or combed, and cotton waste Cotton, raw, imported into Bulgaria under the con- ditions provided in the Law of the 25th January, 1905, on the encouragement of national industry and commerce Cotton yarns, single, "Soulan," unbleached (b.) From No. 15 to No, 24, inclusive [536] Fr. c. 5 00 4 00 40 00 60 00 30 00 12 00 80 00 150 00 20 00 Free. 25 00 4 G 1166 BULGARIA. [December 9, 1905. Tariff Number. Classification. Duty per 100 kilog. 359 360 361 362 363 365 366 367 368 ex 368 369 371 372 376 399 400 402 Cotton : Raw Cotton, CottonYarns, and Tissues cont. Cotton yarns, twisted, unbleached (b.) From No. 15 to No. 24, inclusive Cotton yarns, twisted or not, bleached (5.) From No. 15 to No. 24, inclusive Cotton yarns, twisted or not, dyed in one or more colours (b.) From No. 15 to No. 24, inclusive "Fils de tire" (sewings) and twisted yarns in hanks (a.) Bleached (b.) Dyed Cotton sewing and crochet thread, in balls, on bobbins or cards, in skeins, or in other forms, bleached or dyed Cotton tissues, unbleached... Cotton tissues, bleached or dyed after weaving, of one colour, plain or twilled, with the exception of those specially mentioned Cotton tissues, manufactured with yarn dyed in one or several colours Cotton tissues known as "Barchets," " Calmuks," flannels ("maillots") and quiltings, cotton tissues printed (calicos), damasked or not, cambrics and cretonnes, printed handkerchiefs and coverings in the piece, reps and other similar tissues, printed Flannelettes, printed, weighing from 140 to 200 grammes per square metre Fine cotton tissues, woven, embroidered, bleached or not, dyed or printed, with the exception of tulles and laces Velvets and plushes of cotton Curtains, coverings, handkerchiefs, towels, sheets, and other similar articles, in the piece, dyed or not, combined or not with threads of common metals, and with other threads of vegetable textiles Cotton laces, tulles, and embroideries, pure or mixed with other vegetable textiles and with threads of common metals, gilded or silvered Jute Tissues. Jute tissues (a.) For packing, for mattresses, &c. Bags and sacks of jute tissue Remark. Sacks for use in the export of cereals are free. Jute carpets of all sorts, smooth or knotted ... Fr. c. 30 00 35 00 45 00 36 00 60 00 90 00 40 00 55 00 65 00 75 00 70 00 100 00 140 00 100 00 350 00 12 00 10 00 65 00 December 9, 1905.] BULGARIA. 1167 Tariff Number. Classification. Duty per 100 kilog. 338 452 468 469 487 490 ex 192 Woollen and Worsted Tissues. Tissues, woven and knitted stufls, of wool or of other animal hair, mixed or not with cotton and other textiles 1. Weighing more than 500 grammes per square metre (a.) Imitating Bulgarian woollen tissues, "Shayak" and "Aba" (b.) Other tissues weighing more than 500 grammes per square metre Note. Tissues and stuffs in which the warp is entirely of cotton shall benefit by a reduction of 15 per cent. 2. Weighing from 250 to 500 grammes per square metre 3. Weighing 250 grammes and less per square metre Note. The 15 per cent, reduction on stuffs with cotton warps is not applicable to made-up woollen goods. Iron, Steel, and Manufactured Metal Goods. Tin plates and sheet-iron, tinned, galvanized, or coated with zinc or lead Sheet-iron, coppered, polished or painted Iron or cast-iron bedsteads, ordinary, painted in one colour, and even with ornaments in relief Cast or wrought-iron bedsteads with ornaments, coloured, lacquered, with paintings, treated by " transfer process," hand-worked, bronzed, but not gilt or silvered (a.) Sewing machines and knitting machines, as well as their parts and accessories Agricultural machines and implements ex (b.) Machines for sowing, reaping, and mowing ... ex (b.) Machines for crushing, for cleaning grain, and harrows Note to Nos. 489 to 492. Machinery imported into Bulgaria under the conditions prescribed by the Law of the 25th January, 1905, for the encouragement of national industries and commerce : Free. Sheep dip Fr. c. 150 00 200 00 275 00 250 00 4 00 8 00 10 00 20 00 26 50 Free. 5 00 15 00 [536] 4 a 2 1168 BULGARIA. [December 9, 1905. FINAL PKOTOCOL. On proceeding to sign the Commercial Convention concluded this day, the Undersigned have agreed as follows : Ad ARTICLE I. Customs on Sea or Danube Frontiers. No customs duties or other dues or charges shall be levied on the sea or Danube frontiers different from or higher than those which are levied on any of the land frontiers on similar articles. Ad ARTICLE III. Exceptions to Free Exercise of Trade and Industry. The stipulations of Article III relative to the free exercise of any trade or industry shall not apply in Bulgaria to village tavern keepers, apothecaries, broker?, pedlars, and hawkers. Ad ARTICLE IV, Bounties not to apply to National Industries except Sugar. It is understood that the term ' bounty " mentioned in the second paragraph of this Article does not apply to the benefits which are accorded to national industries in Bulgaria by virtue of the Bulgarian Law of the 25th January (7th February), 1905, for the encouragement of national industries, the case of sugar excepted. Ad ARTICLE VI. Octroi and Excise Duties. Articles of British origin or manufacture shall, on their entrance into Bulgaria, be subjected to the octroi and excise duties prescribed by the Law of the 31st January (13th February), 1905, on excise, and by the Law of the ^V^"^, 1900, 011 octroi, as modified by those of the 30th December, 1903 (12th January, 1904), and the 28th March (10th April), 1905. The rates of these duties are given in the subjoined Table for the purpose of reference : December 9, 1905.] BULGARIA. 1169 TABLE of Articles subject to Excise Duty, in conformity with the Law of the 31st January (13th February), 1905. No. Articles dutiable. Units. Duties. Native or foreign alcohol Remark. Alcoholic strength is fixed by the alcoholometer of Gay-Lussac and at 15 degrees Celsius. Petroleum and other mineral oils for lighting purposes Remark. All resins imported which contain petroleum or other mineral oils for lighting purposes aro only taxed on the amount of petroleum or mineral oil which they contain. The specific gravity and flash-point ! (lower and higher degrees) of petroleum, as well as of all other mineral oils for lighting purposes subject to excise duty, will be determined by the Minister of Finance. Petroleum, benzine, and other mineral oils used by gas-motors in tho industrial establishments of the country, or em- ployed in the preparation of other objects, are exempted from excise duty. The Minister of Finance will fix the manner in which the control of such oils shall be effected, as well as the conditions under which the excise duties levied on them shall be refunded. Sugar of all descriptions and qualities ; fruit and starch glucose ; syrups of sugar and other similar products, whether na- tive or foreign Remark. Molasses are exempted from excise duty if they do not contain more than 55 per cent, of sugar, nor less than 26 per cent, of foreign matter, with the remainder water. Sweets of all kinds, imported from abroad : Bonbons, chocolate, halva (called tahin), rahat-loucoum, &c. (.) All kinds of coffee ... (b.) Extracts of coffee, " Prank-ca'e," chicory, cocoa in powder, in tablets, or in any other form ; roasted barley malt Foreign or native beer ... For each de- gree and decalitre 100 kilos:. ... Fr. c. 10 5 00 100 100 100 100 100 litres ... 20 00 40 00 50 00 20 00 5 00 1170 BULGARIA. [December 9, 1905. No. Articles dutiable. Units. Duties. 9 10 Foreign spirits : Bum, cognac, bitters, absinthe, liqueurs of all kinds, slivovitza, mastic, &c., having an alcoholic, strength up to 40 degrees Gay-Lussac at 15 degrees Celsius The same spirits, with an alcoholic strength of over 40 degrees, are taxed as alcohols, according to Article I. Olive oil and substitutes thereof, used for food Tea ... (a.) Toilet soaps, perfumed Remark. In this article are comprised all medicinal soaps. (b.) Aromatic oils, essences, pomades, powders Candles of stearine and spermaceti, fancy candles Playing cards, per dozen (twelve packs) Remark. Playing cards, whether im- ported or made in the country, on which the excise duty has been levied, must have the Customs' seal stamped on the " ace of diamonds " of each pack in the case of foreign cards, and the seal of the Excise officers in the case of native-made cards. Preserved fish of all kinds Black caviar All kinds of preserved provisions... Seltzer- water and lemonade Foreign wines (a.) In casks ... (b.) In bottles or other receptacles 1. Sparkling 2. Other kinds ... Remark. Wines in casks containing more than 12 per cent, of alcohol in bulk are subject to an additional excise duty for every further percentage of alcohol at the rate of 1 f r. per 1 00 litres. Medicinal wines in bottles, recognized as such by the Sanitary Board, are not exempted from excise duty. 100 litres .. lOOkilog... 100 .. 100 .. 100 100 lOOkilog. 100 100 1 litre 100 litres 100 100 Fr. c. 40 00 10 00 100 00 100 00 300 00 20 00 12 00 50 00 100 00 50 00 04 5 00 50 00 20 00 December 9, 1905.] BULGAKIA. 1171 COMPARATIVE Table of Octroi Dues, as established by the Law of 20th January, 1900 (2nd February, 1900), and 30th December, 1903 (12th January, 1904). No. Articles dutiable. Unit of Measure- ment. Dues according to the Law of 20th January, 1900. Dues according to the Law of 30th December, 1903. Fr. c. Fr. c. Octroi Dues on Native and Foreign Merchandize. 1 Alcohol: Eau-de-vie, rum, brandy. 1 litre, 00* OOf ay-Lussac, at a temperature and per of 15 degrees Celsius (12 de- degree grees Reaumur). Note. Alcohol employed for cooking purposes, for lighting, or in industries, is exempt from octroi dues if it be first denatured by mixture with any material which renders unfit for any other use. * Beer in barrels ... 1 litre ... 04 06 2 Wine in barrels ... 1 04 06 3 Sugar and sweets : rahat lucoum, 1 kilog. ... 04 06 4 compotes, sweets, and every kind of sweetmeat Tobacco (cut), cigarettes, cigars, 5 snuff Extra quality ... 1 ... 1 00 1 50 1st 1 ... 50 75 2nd 1 .- 30 45 3rd 1 ... 10 15 Note. Snuff is classed in the 2nd quality, and is taxed at 30 centimes the kilogramme. Octroi Dues on solely Foreign Merchandise. 1 Wine of all kinds, in sealed bottles, Per bottle 50 75 containing -f litre 2 Liqueurs of all kinds : Rum, cognac, 30 45 absinthe, vermouth, bitters, Curacao, vanilla, Russian vodka, &c., in sealed bottles containing f litre "3 Coffee and " Frank-cafe " 1 kilog. ... 16 24 4 Tea, either in packets or boxes 1 ... 80 1 20 5 Tea in chests 1 ... 20 30 1172 BULGARIA. [December 9 3 1905. No. Articles dutiable. Unit of Measure- ment. Dues according to the Law of 20th January, 1900. Dues according to the Law of 30th December, 1903. Fr. c. Fr. c. Octroi Dues on solely Foreign Mer- chandize (continued). 6 Macaroni, vermicelli, ships' biscuits 1 kilog. ... 08 12 (in barrels or boxes), semolina, starch, starch powder, " Gher- schle"," sago, soap, "Arpakash," lemons, oranges, pomegranates, raisins, figs, dates, almonds, pis- tachio nuts, olive oil for cooking, tahin, aniseed, " Rezene " 7 Olives and roasted chick - peas, 1 -. 04 i 06 "Leblebi" 8 Black caviar, dry caviar ... I ... 80 1 20 9 Oysters, cuttle-fish, caviar of pike, 1 ,, ... 16 24 fish, marinated, dried, smoked 10 Stearine and spermaceti candles ... 1 .- 08 12 11 Petroleum 1 ... 03 041 12 Cheese : Swiss, Dutch, &c. 1 ,, ... 32 48 13 Fresh fish 1 ... 04 06 14 All other foreign merchandize not Ad valorem 2 per cent. 3 per cent. specially mentioned above Observation. Letter (b) of para- graph 14 of Article 1 of the Law on Octroi is altered as follows : " All foreign merchandize not specially mentioned in the above Table is subjected to an octroi duty of 20 per cent, of the customs duty specified for such merchandize." Note. The above alteration of the Law will only enter into force on the date when the method of levying specific customs duties on the same merchandize shall be sub- stituted for the ad valorem method, in conformity with the Law for the application of the General Customs Tariff. (Law sanctioning the al- teration of letter (b), paragraph 14, of Article 1, of Octroi Law is con- firmed by Princely Ukase, No. 55, of 23rd March, 1905.) December 9, 1905.] BULGARIA. 1173 Ad ARTICLE XVIII. Arbitration. As regards the procedure to be followed in the event of arbitration taking place in accordance with the provisions of Article XVIII. the Contracting Parties agree as follows : In the first case of arbitration the Arbitral Tribunal shall sit in the territory of the defendant Party, in the second case in the territory of the other Contracting Party, and so on in suc- cession in the one or the other territory. The Party on whose territory the Tribunal shall sit shall fix the place where it shall meet. It shall also undertake to provide the premises, the officials, and the attendants necessary for the proper working of the Tribunal. The Umpire shall be President of the Tribunal. Decisions shall be taken by a majority of votes. The Contracting Parties shall agree as each case arises, or once for all, respecting the procedure of the Court of Arbitra- tion. In default of such an agreement the procedure shall be fixed by the Couit itself. The procedure may be carried on by wiiting if neither of the Contracting Parties raises any objec- tion. As regards the summoning and hearing of witnesses and experts, the authorities of each of the Contracting Parties, on an application to be addressed by the Arbitral Tribunal to the Government concerned, shall afford the same assistance as would be given in the case of an application made on the part of the Civil Courts of their country. The Contracting Parties shall agree as to the manner in which the expenses are to be divided, either in each particular case of arbitration or by an arrangement applicable to all cases alike. In default of such an agreement, Article LVII of The Hague Convention of the 29th July, 1899, shall be applied. Bulgarian State Monopolies. The stipulations of the present Convention shall not be invoked to prevent the establishment or maintenance of State monopolies in Bulgaria on gunpowder, tobacco, alcohol, petroleum, salt, matches, cigarette paper, and playing cards. Right of British Shipping Companies to Hire Offices, &c. British Shipping Companies, and the owners of British vessels, having a regular carrying service, shall be free to hire, at a proper piice, within the zone in Bulgarian ports, for their offices, workshops, and storehouses, lands, even belonging to the State, should the latter not require them for other purposes. It is understood that the said storehouses shall be deemed to be bonded warehouses when once they satisfy legal requirements. 1174 BULG A.RIA. [December 9, 1905. Accessory Dues. It is understood that British ships and goods of British origin, whether imported by water or by land, shall not, after having paid the import duties, be subjected in Bulgaria to any additional tax or to further accessory taxes higher^ than those actually in force for native goods and ships, or for those of the most favoured foreign nation, namely : 1. Sealing dues, namely : (a.) 30 centimes for each large lead seal, including the string, and (b.) 5 centfmes for each small lead seal, or ordinary seal, including the string. 2. A tax of 10 centimes is levied for each copy of the following printed papers delivered by the Customs : (a.) Manifest, or extract from a manifest. (b.) Customs declaration. (c.) Bills delivered for goods carried from one Bulgarian port to another Bulgarian port. (d.) Transit bills. (0.) Transport bills delivered by the Customs authorities at the port of entry for goods which have to be cleared at another customs-house. 3. A tax of 5 centimes is levied for each copy of a printed receipt delivered by the Customs. A tax of 5 centimes is also levied for all other printed forms Supplied by the Customs. 4. Stamp duty is levied in accordance with the provisions of the law in force on the subject. Nevertheless, British ships entering or leaving several Bulgarian ports after having once paid stamp duty on the general manifests of arrival and departure in the first port, shall only pay a supplementary tax of 1 franc on the extracts from manifests on arrival, and of 50 centimes on the additional manifests of departure. 5. Taxes for inspection of cattle ; taxes on sheep (" beglik "). 6. Taxes for mercantile ships visiting Bulgarian ports, as approved by the 26th decision of the Council of Ministers taken in the sitting of the 28th February, 1904, Protocol No. 21. 7. Warehousing dues levied in conformity with Article 64 of the Bulgarian Customs Law. 8. Statistical dues : (.) 10 centimes for each parcel, with the exception of postal packages. (b.) 15 centimes for every 1,000 kilog. of goods loaded in bulk. (c.) 10 centimes per head of cattle. December 9, 1905.] BULGARIA. 1175 9. A tax leviable only on such goods as are duty-free, of which the proceeds are reserved for the construction and improvement of Bulgarian ports and harbours. The rate of this tax shall not exceed ^ per cent, ad valorem. The present Protocol shall be deemed approved by the Contracting Powers, without special ratification, by the sole fact of the exchange of the ratifications of the Convention of Commerce, Customs, and Navigation. Done in duplicate at Sofia, this 9th day of December, 1905. (L.S.) GEORGE W. BUCHANAN. (L,S.) STANCIOFF. Taxes to be levied on Merchant Vessels frequenting Bulgarian Ports. I. NAVIGATION DUES TO BE LEVIED IN ALL PORTS. 1. Charge for flying the Bulgarian flag. EVERY ship built in Bulgaria or abroad shall pay, to obtain the right of flying the Bulgarian flag : (a.) Vessels of less than 5 tons (b.) ,, from 5 to 50 ,, (c.) 50 100 (d.) 100 200 M 200 500 (/.) of 500 tons or more 2 francs. 10 20 35 45 60 For this purpose the ship must be registered at the offices of the Administration of any Bulgarian port, where a certificate of nationality bearing a registration stamp of one franc will be supplied. 2. Charge for annual license for ships flying Bulgarian flag. Owners of ships flying the Bulgarian flag pay the following charge for an annual license : (a.) For vessels of less than 5 tons (b.) ,, ,, from 5 to 50 ,, (c.) 50 100 ,, (d.) , ,, 100 200 (e.) 200 ,, 500 (/.) ,, ,, ,, 500 tons or more 5 francs. 10 20 40 50 70 Note. Small fishing-vessels are exempt from the payment of these dues, since they pay fishing dues. Boats and small craft belonging to the various athletic societies are also exempt from this payment. 1176 BULGARIA . [December 9, 1905. 3._ Charge for "conge 1 .' Vessels flying the Bulgarian flag cannot leave their port of registration without a "conge," which is supplied by the port Administration ; the charge for " conges " is fixed as follows : (a.) For vessels from 10 to 50 tons ... 2 francs, (b.) 50 100 ... 4 (c.) ,, 100 500 ... 6 (d.) 500 and more ... 10 ,, The " conge* " bears a stamp of 1 franc and is valid for one year and for the whole duration of the voyage, if the latter lasts for more than one year. The " conges " must be vise's in all Bulgarian ports where the vessels touch by the port authorities, and in foreign ports by the Bulgarian diplomatic or commercial agents, if there are any, and a fee of 2 francs paid. Coasting vessels of less than 10 tons flying the Bulgarian flag cannot leave their port of registration without procuring a coasting certificate from the offices of the port of registration. The charge for the coasting certificate, which bears a stamp of 50 centimes, is fixed at 1 franc. The coasting certificates are vises in all Bulgarian ports where the coasting vessels touch without further taxes. 4. Charge for the crew list. Vessels under the Bulgarian flag cannot leave their port of registration without procuring a register of the crew, called a "crew-list" (role), from the port Administration. The charge levied for the crew-list is fixed at 2 francs for coasting vessels and at 5 francs for all other craft. The crew-list is valid for one year and for the whole duration of the voyage, if the latter lasts for more than one year. 5. Charge fur delivering a state me?it of damages caused to vessels. When the Bulgarian port authorities are requested to deliver a statement of damages caused to vessels which are in Bulgarian ports, a charge of 20 centimes per ton shall be levied, irrespective of the nature or importance of the damages. Note. The necessary amount for these statements must be deposited previously in the port office by the captain of the vessel or by the representatives of the insurance companies. In addition to this charge, such remuneration as may be due to them must be paid to the officials and to the experts who draw up the statement. December 9, 1905.] BULGARIA. 1177 6, Charge for loading and unloading ballast. All vessels loading or unloading ballast in Bulgarian ports at the places (pares) on shore specially fixed for the purpose, shall pay the due leviable in each port ; in the ports of Bourgas and Varna, the due is fixed at 1 franc per cubic metre of ballast. If the ballast is transhipped from one vessel to another, half the due will be levied. 7. Lighthouse Dues. Light and lighthouse dues are collected by the Company of Ottoman Lighthouses on the basis of a Convention concluded in 1854 between the said Company and the Ottoman Government. 8. Sanitary Dues. These dues are collected at the present time by the Superior Medical Council at Constantinople, according to the Paris Con- vention of 1853. Until this question is settled, the following taxes will be levied by the sanitary authorities in the ports of Bulgaria* according to the regulations of the maritime sanitary police. Each new bill of health, delivered by the Bulgarian quarantine authorities, shall bear a registration stamp : (a.) For vessels of 5 to 100 tons ... ... O'SOfr. (b.) 100 to 500 I'OO,, (c.) ,, 500 to 1,000 ... ... I'OO,, (d.) ,, ,, 1,000 and above ... ... 2 '00,, For the sanitary guard placed on board of a ship in quarantine a charge of 3 frs. a day will be made in the case of sailing vessels, and of 5 frs. for steamers. The charges for disinfecting merchandize and luggage will be as follows : (a.) One franc will be charged for each disinfecting stove. (&.) For the disinfection with chemical products the only charge made will be for the value of the chemical products em- ployed, according to the tariff for drugs, without any charge being made for services. No charge is made for the visa to a bill of health. All war-ships are exempt from the payment of the tax for a bill of health. II. POET DUES LEVIABLE ON MERCHANT-VESSELS FREQUENTING BULGARIAN PORTS WHERE NO SPECIAL ARTIFICIAL WORKS HAVE BEEN CONSTRUCTED. 1. In all Bulgarian ports where no special artificial works * In the Danubian ports these taxes will only be levied when a quarantine has been declared. 1178 BULGARIA. [December 9, 1905. (a.) On ships of less than 5 tons . (b.) 5 to 50 (c.) 50 to 100 ,, (d.) tt 100 to 200 ., (e.) > 200 to 400 t) 400 to 600 iff') > 600 and above (h.) rafts or launches have as yet been constructed, the following port dues will be levied : 1 -00 fr. 2-50 5-00 10-00 15-00 20-00 25-00 2-00 2. The above-mentioned charges are to be reduced by one- half in the case of : (a.) Ships remaining in those ports for less than 8 days with- out loading or unloading ; (&.) Ships coming directly from another Bulgarian port where they have already paid the above-mentioned dues. Note. Ships which, at the end of these 8 days, begin to load or unload or which remain in the port for more than 8 days without engaging in any operation shall not be entitled to the reduction mentioned under letter (a). Ships visiting several Bulgarian ports, but touching at a foreign port on their way, shall not be entitled to the reduction mentioned under the letter (&). 3. The following are exempt from any of the above-mentioned payments : (a.) Small vessels engaged in the coasting trade, of less than 10 tons, as well as ships belonging to the same Company which regularly frequent Bulgarian ports at least twice a month according to a fixed itinerary, provided that these ports do not possess special artificial works ; (&.) Ships which are driven by bad weather or damage into places where it is not allowed to load or unload. III. PORT DUES LEVIED IN THE POETS OF VAENA AND BOURGAS.* 1. Entrance and Clearance Dues. Captains of vessels, on the basis of the declarations made by them on arriving at or when leaving the port, receive a permit of entrance or of clearance, for which 2 francs are charged. The permits must bear a stamp for 50 centimes. Note. Sailing vessels flying the Bulgarian flag engaged in the coasting trade with a tonnage of less than 50 tons are exempted from the obligation of obtaining permits of entrance or clearance. * Until the port of Varna is officially opened to commerce, vessels touching there will only be charged the pilotage dues specified in 2 and the ship dues specified in 4. December 9, 1905.] BULGARIA. 1179 2. Pilotage Dues.] Every vessel entering the port, without distinction of tonnage or nationality, is charged the following pilot dues : (a.) Vessels from 50 to 100 tons ... ... 5 francs. (b.) 100 to 500 10 . (c.) 500 to 1,000 15 (d.) 1,000 and above ... ... 20 Note. The following are exempted from pilotage dues : (a.) Vessels of less than 50 tons measurement ; (b.) Coasting vessels, the captains of which are furnished with a pilot's certificate, issued by the port authorities ; (c.) Sailing vessels under towage, which pay towing dues. 3. Towing Dues. Sailing vessels entering the port are charged the following towage dues : (a.) Vessels of 25 to 100 tons ... ... ... 10 francs. (b.) 100 to 300 15 (c.) 300 to 500 20 (d.) ,, 500 and above ... ... ... 25 Note L Sailing vessels flying the Bulgarian flag engaged in the coasting trade are charged half these dues. Note II. Small sailing craft flying the Bulgarian flag engaged in the coasting trade, of less than 25 tons, which can enter the port by means of oars, are exempted from towing dues. 4. Ship Dues. All trading vessels of Bulgarian or of foreign nationality arriving at the ports of Bourgas or Varna and obtaining pratique, whether laden or in ballast, pay the following ship dues : Fr. (a.) For the first 200 tons ... ... ... 0'20 per ton. (b.) following 300 tons ... ... O'lo (c.) 500 0-10 (d.) 1,000 and upwards ... 0'05 Steamers can remain in the port eight, and sailing vessels fifteen days. On the expiration of this period the dues will have to be paid a second time, unless vessels have been unable to begin their operations because of want of berth room or other reasons of force majeure. Note L The above-mentioned dues are reduced by half in favour of vessels belonging to the same Company, calling regularly at least twice a-month at the port of Bourgas or Varna on the basis of fixed itineraries. Note II. The following are exempted from payment of ship dues: 1180 BULGARIA. [December 9, 1905. (a.) Small sailing craft of less than 100 tons, of Bulgarian nationality, engaged in the coasting trade ; (b.) Pleasure boats, war-vessels, and vessels belonging to the " Ked Cross " Society in war time ; (c.) Small fishing-boats. (d.) Vessels coining to the outer port to escape bad weather, or in consequence of damages, or to receive communications . from their agents. 5. Tariff for Passengers. Captains of vessels, on arriving at or leaving the port, must hand to the Port Officer a manifest showing the number of passengers and the class in which they are travelling; the captains or the shipping agents shall collect from the passengers and pay to the port authorities the following taxes : For 1st class passengers 2nd *. 3rd ,, 1*00 franc. 0-50 0-20 Children up to the age of 10 years are exempted from these taxes. No tax shall be levied for the baggage which passengers carry with them. 6. Dues on Merchandise. These dues shall be paid by the consignees or the exporters of merchandise, and shall be levied by the Customs authorities. 1. Tariff for Live Stock and Poultry. Large and small live-stock and poultry exported abroad or imported into the country are subject to the following charges : (a.) Horses, oxen, buffaloes, cows, mules ...per head 1-50 franc, (b.) Donkeys, colts, pigs, calves... ... ,, 0*80 ,, (c.) Sheep, goats, lambs, kids ... ... ,, 0'15 ,, (d.) Per crate of poultry ... ... ... 0'50 ,, 2. Tariff for Carriages and Rolling-stock. Carriages and rolling-stock exported from or imported into the country pay : (a.) Passenger carriage (b.) Goods waggon (c.) Tramcar (d.) Ordinary cab (e.) Carriage (/.) Waggon (g.) Barrow 25-00 francs. lo'OO 15-00 10-00 2-00 1-00 0-20 December 9, 1905.] BULGARIA. 1181 3. Tariff for Goods. Goods shipped or landed in the port are classified under four groups ; the dues for each group are fixed, per 1,000 kilog., as follows : (a.) First group, 0*50 fr. This group comprises : ordinary stone, gravel, sand, and lime ; wood for fuel ; charcoal ; compressed straw and hay ; native-made bricks and tiles ; manures ; clays of various kinds (except clay for colouring), and ores. (b.) Second group, 1 /n This group comprises : cereals and oil seeds : barley, rye, wheat, oats, maize, colza, rice, millet, peas, potatoes, haricot beans, bran, &c. ; animal products : meat, butter, grease, cheese, " kashkaval " (native cheese), salted meat, eggs, &c. ; window glass ; roughly-made iron articles ; salt, petroleum, chalk, plaster, cement, hydraulic lime, coal, foreign-made bricks and tiles. (c.) Third group, 1'50 fr. This group comprises : Colonial produce , sugar ; articles made of flour j raw hides and skins ; wood for building (except walnut) ; various vegetable and mineral oils ; various seeds, hemp, &c. ; fresh and dried fruit ; miscellaneous iron wares. (d.) Fourth group> 2 francs, This group comprises : all manufactured articles, haberdashery, trimmings, hardware, &c. ; glass and porcelain ware* Remark /. Goods not mentioned in particular or in general in the above Tables will be subjected to the payment of the dues specified for the kind of merchandize they most resemble, their price, weight, and volume being taken into consideration. Remark //.Goods which are transhipped in the port from one vessel to another or from a coasting vessel to another ship will only pay half the dues specified. Remark ///.Goods discharged from or shipped on to vessels not at the quay but by means of lighters are subjected to the payment of only half the dues specified. Remark /F. Should the weight or measurement of the goods upon which dues are to be levied be inscribed in the ship's manifest in weights and measures other than those prescribed) [536] 4 H 1182 BULGAEI A. [December 9, 1905. these will be converted into the weights and measures prescribed according to a Table prepared and .published by the Administra- tion of the port. Remark V. Ordinary stone, gravel, sand, lime, wood for fuel, charcoal, bricks, tiles, fish, when brought into the port of Bourgas by boats belonging to neighbouring ports and discharged at the western end of the port, are exempted from the payment of the dues on merchandise. 7. Diving dues. A due of 10 francs for each working hour is levied for diving, Without reckoning the charges of the diver himself and the sailors. General remarks. . 1. Dues are levied on the net tonnage. of vessels measured according to the Moorsom system (1 ton measurement = 2'83 cubic metres). 2. Dues and taxes up to 20 francs are paid in silver, and above that sum in gold. The dues fixed by the circular ordinance of the Ministry of Finances of April 3/15, 1885, No. 8752, addressed to the Directors of customs and ports, are abrogated. Declaration. On proceeding to the signature of the Convention concluded this day, the Undersigned have agreed as follows : 1. In the case of civil or commercial suits between British subjects residing in Bulgaria and Bulgarian subjects, the summons to appear, as well as all the other documents and judicial papers, shall be served on British subjects in accordance with the pro- cedure prescribed by Bulgarian Law, without the intervention of the British Consular authorities. 2. In cases of commercial bankruptcy the commercial in- solvency of British subjects residing in Bulgaria shall be pro- nounced by the Bulgarian Courts, and the full and complete liquidation of the bankruptcy shall be made by those Courts without the intervention of the British Consular authorities. 3. British subjects in Bulgaria and Bulgarian subjects in the United Kingdom of Great Britain and Ireland shall have free and ready access to the courts of justice for the prosecution and defence of their rights, and shall enjoy in this respect all the rights and immunities of native subjects. Like them they shall be free to employ in all cases advocates and agents of every description who are authorized by the laws of the country. December 9, 1905.] BULGARIA. 1183 It is understood that the adhesion of His Britannic Majesty's Government to the above stipulations is given on the express condition that they shall not enter into force until the Govern- ments of Austria-Hungary, France, Germany, Italy, and Eussia shall have concluded analogous Agreements with Bulgaria, and that British subjects shall not thereby be placed on a less favour- able footing than the subjects or citizens of the most favoured nation. (L.S.) GEOEGE W. BUCHANAN, (L.S,) STANCIOFF. Sofia, December 9, 1905. ANNEXES. Sofia, le 26 Novembre (9 Decembre), Monsieur 1'Agent, 1905. EN me referant aux declarations verbales que j'ai eu 1'hon- neur de vous faire au sujet de 1' Article VII de la Convention de Commerce et de Navigation, je m'empresse de porter a votre connaissance que les dispositions de la Loi Bulgare du 26 Mars (8 Avril), 1905, sur les voyageurs de commerce concernant la protection du chef de la maison. commerciale contre les mal- versations de ses voyageurs de commerce restent facultatives, et ne peuvent etre appliquees aux voyageurs de commerce representant des maisons Britanniques que dans le cas ou une demande serait faite au nom de la maison dont depend le yoyageur de commerce. Je saisis, &c. (Signe) STANCIOFF. Sir George Buchanan. Sir, Sofia, December 9, 1905. I HAVE the honour to acknowledge the receipt of the note in which you were good enough to inform me, with reference to Article VII of the Convention of Commerce and Navigation, that the stipulations of the Bulgarian Law of the 26th March (8 th April), 1905, on commercial travellers, concerning the protection of the head of the commercial house against dishonest practices on the part of his commercial travellers, remain optional, and can only be applied to commercial travellers representing British firms in. the event of an application for such protection being made in the name of the firm represented by the commercial traveller. In taking act of this communication, I avail, &c. (Signed) GEOEGE W. BUCHANAN. Monsieur StanciofF. 1 1 84 BULGARIA. [December 9, 1905. Sir, Sofia, December 9, 1905. I HAD the honour, in the course of our negotiations, to inform you that His Majesty's Government were unable to accept the text of Article XIV of the draft Bulgarian Convention relative to tonnage dues in British and Bulgarian ports, and I take this opportunity to offer you the following explanations on the subject : The harbours in the United Kingdom, except in a few cases, are not under the control of the State, and the powers of the various harbour authorities are regulated under special Acts of Parliament. Thus, although, as a matter of fact, the provisions of the Article in question do not conflict with the practice observed in the majority of cases, it is obviously impossible for His Majesty's Government to bind the various harbour authorities by Treaty with regard to- all matters covered by the terms of the Article. I avail myself of this opportunity to renew to you, Sir, the assurance of my high consideration. (Signed) GEOEGE W. BUCHANAN. Monsieur Standoff. Sophia, 26 Novembre (9 Decembre), 1905. Monsieur 1'Agent, J'AI Thonneur de vous accuser reception de la note en date d'aujouid'hui, par laquelle vous avez bien voulu ni'expliqucr pour quels motifs le Gouvernement de Sa Majeste Britannique n'a pas pu admettre 1'insertion dans la Convention de Commerce entre la Bulgaria et le Royaume-Uni d'un Article base sur Article XIV du projet de Traite Bulgare. En prenant acte de cette communication, je saisis cette occasion pour vous reiterer, Monsieur 1'Agent, 1'assurance de ma haute con- sideration. (Signe) STANCIOFF. Sir George Buchanan. Sir, Sofia, December 9, 1905. His Majesty's Government being desirous that the system of local bond at present in force, under which goods, on their arrival in Bulgaria, may be warehoused and withdrawn piece- meal on payment only of the duty 011 the portion withdrawn, should be maintained, I have the honour to request yon to be so good as to give me an assurance to this effect. I avail, &c. (Signed) GEORGE W. BUCHANAN. Monsieur Staiicioff. 0, 1 !>'.:>.] BULGARIA. 1185 Sofia, le 26 Novembre (9 .Ddcembre), Monsieur 1* Agent, 1905. EN reponse a votre note de ce jour, j'ai I'hoimeur de vous communiquer que les marchandises Britanriiques, a leur arrivee on Bulgane, pourront ctre emmagasiriees et dedouanees au fur et a tnesure selon les prescriptions des Articles 117, 118, et 119 de la Loi Bulgare sur les Douanes du 8 (20) Janvier, 1885, modifiee le 5 (17) Janvier, 1899. Je saisis, &c. (Signe) STANCTOFF. Sir (Jeorf Buchanan. Customs Laid. ARTICLE CXV1I. Foreign goods which are imported in great quantities may, on application from the owners, be stored in the bonded ware- houses established, but only in cases where the dues to be paid to the Customs authorities are not inferior in amount to 4,000 fr. Such bonded warehouses, where needful, shall only be estab- lished in commercial ports, and with the permission of the Minister of Finance. ARTICLE CXVIII. Goods can be stored in the bonded warehouses on the condition that they are re-exported from the country within the proscribed period, or that the requisite dues be paid upon them should they be taken out of bond for disposal in the country itself. Goods imported into Bulgaria by railroad, and carried to a port where there is a bonded warehouse, can there be placed in bond in the same mariner as if they had come by sea. ARTICLE CXIX. Only those goods can be placed in bond which are in good condition and, in general, all such as are not perishable or inflammable. [536] 4 H 2 1186 FRANCE. [October 23, 1907. FRANCE. No. 2. AGREEMENT BETWEEN GREAT BRITAIN AND .FRANCE RESPECTING COMMERCIAL TRAVELLERS' SAMPLES. Signed at Paris, October 23, 1907.' THE Government of His Britannic Majesty and the Govern- ment of the French Republic, being desirous of facilitating the accomplishment of the formalities provided by Article 6 of the Convention of Commerce and Navigation of February 28th, 1882, in regard to patterns or samples liable to duty introduced from one of the two contracting Countries into the other, have for this purpose agreed reciprocally as follows : I. The stamp or seal intended to ensure the identity of samples may be affixed as an exceptional measure to receptacles in direct contact with the articles which they contain, if the Customs Authorities at the port of entry consider that this method of procedure affords full guarantee. II. The official marks, stamps, or seals affixed for the purpose of guaranteeing the identity of patterns or samples exported from one of the two Countries and intended to be reimported into that Country, as well as the list of samples containing a complete description thereof, drawn up and officially certified by the com- petent Authority, shall be reciprocally recognized, that is to say that the marks affixed and the list drawn up by the Customs Authorities of the Country of exportation shall serve also in the other territory to prove the identity of the articles and to establish their character as samples. III. On their importation the articles thus marked and described shall only be subjected to a summary verification, for the purpose of establishing their identity, when they are enumerated on the descriptive list under denominations admitted by the Tariff of the Country of entry, in the language and in the weights and measures of that Country. * Signed also in French. October 23, 1907.] FRANCE. 1187 IV. The Customs Authorities of either Country may further affix a supplementary mark to such samples in all cases where they may consider this precaution necessary. V. Eeservation is made in all cases of the accomplishment where necessary of the formalities in regard to the assay of wares of gold and silver. In witness whereof, the Undersigned, duly authorised to this effect, have signed the present Agreement and have affixed thereto their seals. Done at Paris, in duplicate, the 23rd October, 1907. (L.S.) FRANCIS BERTIE. (L.S.) PICHON, 1188 GENERA L. [August 5, IS). )7. GENERAL. No. 3. ACCESSION OF TTTE COMMONWEALTH OF AUSTRALIA. TO THE IN- DUSTRIAL PROPERTY CONVENTION OF MARCH 20, 1883, AS MODIFIED BY THE ADDITIONAL ACT OF DECEMBER 14, 1900. August 5, 1907. (No. 1.) M. Probst to Sir Edward Gm/. (Received July 9.) Legation de Suissc, Lonrfn-*, M. le Secretaire d'Etat, le 5 Jmllet, 1907. PAK note en date du 28 Juin dernier son Excellence le Ministre de Sa Majeste Britannique a Berne a notifie a mon Gouvernement 1'accession de la Federation Australienne a la Convention Inter- nationale du 20 Mars, 1883, pour la protection de la propriety Indus trielle, telle qu'elle a ete modifiee par 1'Acte Additionnel du 14 Decembre, 1900. Aucune date speciale n'ayant ete indiquee pour Fentree en vigueur de la Convention en ce qui concerne la Federation Aus- tralienne, il y a lieu d'appliquer les dispositions de 1' Article XVI revise de la Convention, aux termes duquel cette derniere produit ses effets un mois apres la notification faite par le Conseil Federal Suisse aux autres Etatfl Unionistes. II en resulte que la Conven- tion entrera en vigueur quant a la Federation Australienne le 5 Aoiit prochain. En vous demandant de vouloir Men consentir a me donner acte de ce qui precede, je vous prie, &c. (Sign^) PKOBST. (No. 2.) Sir Edward Grey to M. Probst. Sir, Foreign Office, July 15, 1907. I HAVE the honour to acknowledge the receipt of your note of the 5th instant respecting the accession of the Commonwealth August s, 1907.] GENEBAL JAPAN. 1189 of Australia to the International Convention of 20th March, 1883, for the protection of industrial property, as modified by the Additional Act of 14th December, 1900. I have not failed to note that, in accordance with Article XVI of the revised Convention, the accession of the Commonwealth of Australia will take effect one month after the date of its notifi- cation by the Swiss Federal Council to the other States parties to the Union, viz., on the 5th August next. In thanking you for this communication, I have &c. (Signed) E. G.EEY. JAPAN. No. 4. NATAL and NEWFOUNDLAND have acceded to the Treaty of Commerce and Navigation between Great Britain and Japan, signed in London on the 16th July, 1894. 1190 . NICAEAGTJA. [July 28, 1905. NICARAGUA. No. 5. LIST OF BRITISH COLONIES, &c., WHICH HAVE ACCEDED TO THE TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN GREAT BRITAIN AND NICARAGUA, SIGNED AT MANAGUA, JULY 28, 1905.* (The text of the Treaty will le found on p. 629 of this work. The period for notification of Accessions of British Colonies, &c. 9 expired August 24, 1907.) British Honduras. Gambia. Hong Kong. Jamaica (with the Turks and Caicos Islands and the Cayman Islands). Leeward Islands. New Zealand. Northern Nigeria. Seychelles. Sierra Leone. Southern Nigeria. Straits Settlements. Windward Islands. * Laid before Parliament on November 27, 1907, November 19, 1907.] UNITED STATES, 1191 UNITED STATES. No. 6. AGREEMENT BETWEEN GREAT BRITAIN AND THE UNITED STATES RESPECTING (1) COMMERCIAL TRAVELLERS' SAMPLES ENTERING THE UNITED KINGDOM, (2) IMPORT DUTIES ON BRITISH WORKS OF ART ENTERING THE UNITED STATES. Signed at London) November 19, 1907. THE Government of His Britannic Majesty and the Govern- ment of the United States of America, being desirous of facili- tating and extending the commercial relations existing between their respective countries, but without prejudice to the views held by each of them as to the interpretation of the " most-favoured- nation " Article of the Convention of Commerce between the two countries signed at London on the 3rd July, 1815, mutually agree as follows : 1. In order to facilitate the clearance through the Customs Department of the United Kingdom of samples of dutiable goods brought into the territory of the United Kingdom by commercial travellers of the United States of America, such samples being for use as models or patterns for the purpose of obtaining orders, and not for sale, His Majesty's Government agrees that the marks, stamps, or seals placed upon such samples by the Customs autho- rities of the United States of America at the time of exportation, and the officially attested list of such samples, containing a full description thereof issued by the proper authority, shall be accepted by the Customs officials of the United Kingdom as establishing their character as samples, and exempting them from inspection on importation, except so far as may be necessary to establish that the samples produced are those enumerated on the list. The Customs authorities of the United Kingdom may, how- ever, affix a supplementary mark to such samples in special cases where they may think this precaution necessary. 2. The Government of the United States of America agrees to extend to the United Kingdom the special reduction of duty on paintings in oil or water colours, pastels, pen and ink drawings, and statuary, being the product x>f the industry of the United 1192 UNITED STATES. [November 19, 1907. Kingdom, authorized under section 3 of the Tariff Act of the United States, approved the 24th July, 1897. 3. This Agreement shall continue in force until six months from the date when either party shall notify the other of its inten- tion to terminate it. Done in duplicate at London, the 19th day of November, 1907. (LS.) E. GEEY. (L.S.) WHITELAW REID. LONDON : PRINTED AT THE FOBEIGN OFFICE, BY HAKEISON AND SONS, PEINTEES IN OBDINABY TO HIS MAJFSTY. 1908. YC 34967