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Appendix No. 101.

Madagascar.

In the absence, however, of any Consular officer, the local authorities may enter, after giving due notice to the occupants, whenever it is certainly known that stolen property or persons escaping from justice are concealed on the premises.

No British subjects residing in Madagascar shall have the right of entering the house of any subject of the Queen of Madagascar against the will of the occupant.

ARTICLE VI.

Munitions of war shall be imported by the Queen of Madagascar alone into her dominions; but save the said munitions of war, no article whatever shall be prohibited from being imported into the territories of Her Majesty the Queen of Madagascar; nor shall any article whatever be prohibited from being exported therefrom, except munitions of war, and the following articles which are forbidden by the law of Madagascar to be exported, namely, timber and cows.

The trade between the dominions of Her Britannic Majesty and the dominions of Her Majesty the Queen of Madagascar shall be perfectly free, subject to a duty not exceeding ten per cent.

A Tariff of such duties shall be drawn up by the British Consul and by a person or persons commissioned by Her Majesty the Queen of Madagascar, and shall be submitted for the approval of Her Britannic Majesty.

Such Tariff shall be drawn up and published within one year after the exchange of the ratifications of the present Treaty.

In case any article of produce or merchandize should be inadvertently omitted from such Tariff, the duty levied on such article shall be calculated at the market value of the merchandize at the period at which the Tariff was framed.

No prohibition shall apply to any article imported or exported by British subjects or vessels, unless the prohibition apply equally to the subjects and vessels of every other foreign nation.

ARTICLE XI.

Her Majesty the Queen of Madagascar agrees that in all cases where a British subject shall be accused of any crime committed in any part of her dominions, the person so accused shall be exclusively tried and adjudged by the British Consul or other officer duly appointed for that purpose by Her Britannic Majesty. But any British subject whom the British Consul or other officer shall find to have been guilty of having openly offended against the laws of Madagascar shall be liable to be banished from the country. In all cases where disputes or differences shall arise within the dominions of the Queen of Madagascar between British subjects and the subjects of Her Majesty the Queen of Madagascar, Her Britannic Majesty's Consul or other duly appointed officer, aided by an officer duly authorized by Her Majesty the Queen of Madagascar, shall have power to hear and decide the same.

The Malagasy authorities shall not interfere in differences or disputes between British subjects, or between British subjects and the subjects or citizens of any third Power.

The British authorities shall not interfere in differences or disputes between Malagasy subjects and the subjects or citizens of any third Power in Madagascar.

ARTICLE XII.

If a subject of the Queen of Madagascar should refuse or evade the payment of a debt due to a British subject, the local authorities shall afford every assistance and facility to the creditor for recovering the debt; and in like manner, the British Consul shall afford every assistance to subjects of the Queen of Madagascar to recover debts due to them by British subjects.

ARTICLE XIII.

The local authorities of Madagascar shall have no right to interfere with British vessels of commerce, which are subject only to the British authority and to their captains; but no British vessel shall communicate with the shore before receiving pratique from the local authorities. In the absence, however, of a British ship of war, the Malagasy authorities, if requested by the British Consul or Consular Agent, shall afford assistance in order to cause his authority to be respected by his own countrymen, and to re-establish and maintain discipline among the crews of British merchant vessels. If any British seamen should desert from their ships, the local authorities shall use

every effort to apprehend them, and shall deliver them up to the British Consul or to Appendix No. 10. the captain of their ship.

ARTICLE XIV.

The Malagasy authorities shall do all in their power to deliver up property of a British subject who may die in Madagascar to his heirs or representatives, or, in their absence, to the British Consul.

The property of a subject of the Queen of Madagascar who may die in the British dominions shall be treated in the same manner as the property of a British subject.

ARTICLE XV.

If any British merchant vessel should be attacked or plundered in the waters of Madagascar, adjacent to any military station whatever, the local authorities, as soon as informed of the fact, shall institute active pursuit after the offenders, and shall omit no effort to discover and punish them.

The goods which may have been carried off, wherever and in whatever state they may be found, shall be delivered to the owner, or to the Consul, who will undertake to restore them.

The same course shall be followed in the case of plunder and robbery committed on the property of British subjects residing in the neighbourhood of any military station, whether on the shores or in the interior of Madagascar.

The local authorities, on proving that they have used every effort to apprehend the offenders and to recover the goods stolen, shall not be pecuniarily responsible for the loss.

The same protection shall be granted in favour of the property of subjects of the Queen of Madagascar plundered or robbed on the coasts or in the interior of the British dominions.

Madagasca.

MEXICO.-December 26, 1826.

ARTICLE XI.

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 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 Mexican Diplomatic Agents and Consuls shall enjoy in the dominions of His Britannic Majesty, whatever privileges, exceptions, 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 His Britannic Majesty in the Mexican territories shall enjoy, accrding to the strictest reciprocity, whatever privileges, exceptions, and immunities are or may be granted to the Mexican Diplomatic Agents and Consuls in the dominions of His Britannic Majesty.

Appendix No. 102.

Mexico.

MOROCCO.-December 9, 1856.-Commercial Convention.

Appendix No. 103.
Morocco.

ARTICLE X.

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 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 evied upon every British vessel (except steam

Appendix No.103. vessels) that does not exceed two hundred tons in measurement. Upon every vessel (not

Morocco.

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 he 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 ton; 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 aforesaid 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 he 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 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 of 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 XI.

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.

of

ARTICLE XIII.

If a British.subject be detected in smuggling into the Moroquine territories goods any description, the goods shall be confiscated 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

Morocco.

goods at the current price of the day; and failing payment of such fines, such British Appendix No. 103. 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 Consui-General, Consul, Vice-Consul, or Consular Agent may determine.

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Her Majesty the Queen of Great Britain may appoint one or more Consuls in the dominions of the Sultan of Morocco and 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.

The British Chargé 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 Chargé 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 Chargé d'Affaires, they shall be at liberty to choose one interpreter, one guard, and two servants, either from the Mussulmans or otl ers; and neither the interpreter, nor the guard, nor their servants shall be compelled to pay any capitation tax, forced contribution, or other similar or corresponding charge. If the said Chargé d'Affaires should appoint a subject of the Sultan of Morocco as ViceConsul 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 Chargé 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 ir 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 Chargé 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. 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 their 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.

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.

Appendix No. 104.

Morocco.

Appendix No.104.

Morocco.

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 finding a site, within the localities generally selected for the habitations of Europeans, if there be a suitable site within the town, for building a dwelling or stores, and an agreement shall be entered upon, in writing, with the anthorities 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, warehouses, and all premises appertaining thereto, destined for purposes of residence or commerce, shall be respected. No abitrary 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 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.

ARTICLE VIII.

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-General, Consul, Vice-Consul, or Consular Agent, shall be sole judge and arbiter. No Governor, Kadi, or other Moorish authority, shall intermeddle 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.

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.

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 Chargé d'Affaires and Consul-General, or to the Moorish Commissioner for Foreign Affairs, as the case may be.

ARTICLE X.

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 esta

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