blished, and where no British Consul or Consular Agent may reside, the Moorish Go- Appendix No. 104 vernment 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 XI.

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 assistance 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.

ARTICLE XII.

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 XIV.

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.

It is agreed and covenanted that neither of the High Contracting Parties shall knowingly receive into or retain 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.

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-General 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 XVIII.

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 of 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 27

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Morocco.

1

Appendix No.104. 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 Morocco. 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 XXIX.

If a British vessel with a cargo should enter one of 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 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 ViceConsul, 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 XXXIII.

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 exert his power to save and protect the captain and crew, till they return to their own country; and the British Consul-General, Consul, or his deputy shall be allowed to enquire 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 the Governors appointed in those places by the Sultan of Morocco shall also assist the Consul-General, Consul, or deputy, in his researches, agreeably to the rules of friendship.

Appendix No. 105.

Muscat.

MUSCAT.-May 31, 1839.

ARTICLE II.

The houses, warehouses, or other premises of British subjects, or of persons actually in the service of British subjects, in the dominions of His Highness the Sultan of Muscat, shall not be forcibly entered, nor on any pretext searched, without the consent of the occupier, unless with the cognizance of the British Consul or Resident Agent. But such Consul or Resident Agent, on just cause being adduced by the authorities of His Highness the Sultan of Muscat, shall send a competent person who, in concert with the officers of His Highness the Sultan of Muscat, shall conduct the search, and shall prevent the use of unnecessary violence or of improper resistance.

ARTICI
ARTICLE III.

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 agrees to permit his own subjects to be appointed to Consular offices by the other Contracting Party; provided always that the person 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 shall reside in the dominions of the other, and shall enjoy the same privileges, immunities, and exemptions which are enjoyed within the same dominions by similar public functionaries of other countries.

ARTICLE V.

The authorities of His Highness the Sultan of Muscat shall not interfere in disputes between British subjects, or between British subjects and the subjects or citizens of other Christian nations. When differences arise between a subject of the dominions of His Highness the Sultan of Muscat and a British subject, if the former is the complainant, the cause shall be heard by the British Consul or Resident Agent, who shall administer justice thereupon. But if the British subject is the complainant against any of the subjects of His Highness the Sultan of Muscat, or the subjects of any other Mahometan Power, then the cause shall be decided by the highest authority of His Highness the Sultan of Muscat, or by any person nominated by him; but in such case the cause shall not be proceeded in except in the presence of the British Consul or Resident Agent, or of some person deputed by one or other of them, who shall attend at the court-house where such matter shall be tried. In causes between a British subject and a native of the dominions of His Highness the Sultan of Muscat, whether tried before the British Consul or Resident Agent, or before the above-mentioned authority of His Highness the Sultan of Muscat, the evidence of a man proved to have given false testimony on a former occasion shall not be received.

ARTICLE VI

The property of a British subject who may die in the dominions of His Highness the Sultan of Muscat, or of a subject of His Highness the Sultan of Muscat who may die in the British dominions, shall be delivered over to the heirs, or executors, or administrators of the deceased, or to the respective Consuls or Resident Agents of the Contracting Parties, in default of such heirs, or executors, or administrators.

ARTICLE VII.

If a British subject shall become bankrupt in the dominions of His Highness the Sultan of Muscat, the British Consul or Resident Agent shall take possession of all the property of such bankrupt, and shall give it up to his creditors, to be divided among them. This having been done, the bankrupt shall be entitled to a full discharge from his creditors, and he shall not at any time afterwards be required to make up his deficiency, nor shall any property he may afterwards acquire be considered liable for that purpose. But the British Consul or Resident Agent shall use his endeavours to obtain for the benefit of the creditors any property of the bankrupt in another country, and to ascertain that everything possessed by the bankrupt, at the time when he became insolvent, has been given up without reserve.

ARTICLE VIII.

If a subject of His Highness, the Sultan of Muscat should resist or evade payment of his just debts to a British subject, the authorities of His Highness shall afford to the British subject every aid and facility in recovering the amount due; and, in like manner, the British Consul or Resident Agent shall afford every aid and facility to subjects of His Highness the Sultan of Muscat in recovering debts justly due to them from a British subject.

Appendix No. 105.
Muscat.

Appendix No. 106.
Netherlands.

NETHERLANDS.-March 6, 1856.

ARTICLE I.

Consuls-General, Consuls, and Vice-Consuls of Great Britain shall be admitted in all the ports of the colonies and foreign possessions of His Highness 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.

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.

Every Consul-General or Consul of either of the two Contracting 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 Government, and to the assistance of the local authorities for the free exercise of his functions.

It is understood that, with regard to the Consuls of the Netherlands 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.

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 possession.

ARTICLE V.

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 Consulate," or "Consulate of the Netherlands," as the case may be.

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.

ARTICLE VI.

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.

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 Appendix No. 106. 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 furnishe 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 ViceConsul the approbation above mentioned, explaining to the Consul-General or Consul of the district his reasons for so doing.

ARTICLE VIII.

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 of 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 departure.

ARTICLE IX.

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 Vice-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; aad in this case the ship and all parts thereof, and all furniture and appurtenances belonging thereto, 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.

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.

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 have been carried into effect.

ARTICLE XI.

If a subject of either of the two Contracting Parties shall 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 Contracting Party, in order that he may transmit the requisite information to the parties interested.

Netherlands.