by proper bondsmen, who shall be approved by the Consul, for restoring the said goods, Appendix No.113. merchandize, and accounts, to the lawful owners, or their true creditors. And the goods which shall appear to have been the deceased's, shall be delivered to his heirs, executors, or creditors.

ARTICLE XVII.

If any controversy should arise between the said King's inspectors, officers, or ministers, and the said merchants, concerning the goodness of the fish, or any other sort of provisions whatsoever, which shall be brought to any of the said King's dominions, the same shall be decided by the arbitration of good men, provided they be not Portuguese, who shall be fairly chosen by the magistrate of the place, and the Consul of the English nation; and shall so determine the matter, that no detriment happen to the owner in the mean time, while the matter is in dispute.

SECRET. ARTICLE.

The people and inhabitants of the Commonwealth of England, following their commerce, as aforesaid, within the kingdoms, dominions, ports and territories of the said King, shall not pay any customs or duties but in manner following; that is to say, the goods, merchandizes, and manufactures of the English, in setting rates, according to which they are to pay their customs (which shall never exceed 23 per cent.) shall be favourably valued according to the rates of the Custom-house, and the ancient laws of the realm; and if at any time it be designed to raise them higher, because the true and real value of the said goods is increased, it shall not be done but in the presence and by the advice of two English merchants, then residing in Portugal, and chosen by the English Consul; and if it shall happen that the price of commodities shall fall, the value or rate shall, in like manner, from time to time be abated, according to the said rule and law; and if any controversy shall happen to arise about the said valuation, that doubt shall be determined by such indifferent arbitrators as shall be chosen by the Consul of the English nation, and the officers of the Custom-house. The subjects and inhabitants of the said kingdom, trading in the dominions and territories of the said Commonwealth, shall pay the present customs and duties as they are now valued in the month of May, 1654, according to the laws and customs of the place; and likewise they shall on both sides observe the laws and customs of each place. And thus it was agreed upon and concluded, that the above said article, and everything contained therein, shall be confirmed and ratified by the said King, and by the said Lord Protector, by the Letters Patent of the one and the other party, sealed with the Great Seal, in due and authentic form, within six months next following; and within the said time instruments shall be passed or exchanged by the one and the other party.

Portugal.

PORTUGAL.-July 3, 1842.

ARTICLE II.

The subjects of either of the Contracting Parties may freely dispose by will of the personal effects which they shall possess in the territories of the other; and their heirs, though subjects of the other Contracting Party, may succeed to their personal effects, either by will or ab intestato, and may obtain possession of the same in due course of law, either in person or by other persons appointed by them to act on their behalf. In the event of the absence of heirs, or of persons duly appointed to act for them, the Consul may be authorized to take charge, in due course of law, of the said effects, until the owner shall have made the necessary arrangements for obtaining possession of the property. If disputes shall arise between several claimants with respect to the title which each may have to the property, such disputes shall be decided by the Courts of the country in which the property is situated; and if hereafter any favour as regards the possession or inheritance of landed or funded property (biens fonds) shall be granted, in the dominions of either of the High Contracting Parties, to the subjects of any other Nation, the same favour shall extend reciprocally to their respective subjects, as the case may be, either in Portugal or Great Britain.

Appendix No. 114.

Portugal.

Appendix No. 114.

Portugal.

ARTICLE XIV.

All goods or merchandize found on board of, or which shall have formed the cargo, or part of the cargo, of a vessel of the one country, which shall be wrecked or left derelict on or near the coast of the other country, unless the importation of such goods or merchandize shall be absolutely prohibited by law, shall be admitted for home consumption in the country in or near the coast of which such vessel shall be wrecked or left derelict, or such goods or merchandize may be found, on payment of the same duty as if the said goods or merchandize had been imported in a national vessel, even though such goods or merchandize could not by law be imported into the said country in any other than national vessels; and in fixing the amount of duty to be paid on such goods or merchandize, regard shall be had to any damage which the said goods or merchandize may have sustained.

To prevent frauds the Board of Customs of each nation shall exercise their judgment as to the causes of wrecks; and when they are satisfied that the said wrecks were the result of accident or misfortune, and free from suspicion of collusion, they shall authorize, at the option of the proprietor or agent, if present, or otherwise of the Consul, the transshipment, or the sale for home contumption, of the goods or merchandize, provided that such goods and merchandize could have been legally imported by the ships of the one country into the ports of the other country.

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 any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods or merchandize which shall be saved therefrom, or the produce thereof if sold, shall be faithfully restored to the proprietors, upon being duly claimed by them, or by their agents duly authorized; or if there are no such proprietors or agents on the spot, by the respective Consuls of the nation to which the proprietors of the said ships, vessels, or goods may belong, and in whose district such wreck may have taken place, provided such claim be preferred within a year and a day from the time of such wreck; and such Consul, proprietor or agent 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 local consumption.

If any merchant vessel of either country should be driven into the ports of the other by stress of weather, for the purpose of effecting necessary repairs, every facility shall be afforded to such vessel for obtaining the assistance it may be in need of.

The strictest reciprocity shall be observed, in the most favourable sense, as to the relief to be afforded to such vessel from the duties, charges, and expenses in the ports of either nation, to which vessels, entering solely for the purposes of trade, are subjected. Sufficient time shall be allowed for the completion of repairs; and while the vessel shall be undergoing repair, its cargo shall not unnecessarily be required to be landed, either in whole or in part and any difference of opinion which may arise between the Customhouse authorities and the masters of the said vessels, as to the necessity of landing all or any part of the cargo, shall be referred to two sworn or public surveyors, one to be named by the chief Custom-house authority of the port, and the other by the Consul of he nation to which the vessel belongs.

ARTICLE XVI.

It is further agreed, that if any apprentices or sailors shall desert from vessels belonging to the subjects of either of the High Contracting Parties, while such vessels are within any port in the territory of the other party, the magistrates 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 no public body, civil or religious, shall protect or harbour such deserters:

Appendix No. 115.

Rome,

ROME. November 17, 1853.

ARTICLE VI.

That if any ship of war or merchant vessel of the Papal States shall be wrecked on the coasts of the British dominions, such ship or vessel, or any parts thereof, and all

Rome.

furniture and appurtenances belonging thereunto, and all goods and merchandize which Appendix No. 115. 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. If there are no such 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 papers found on board such wrecked ships or vessels, shall be delivered to the Papal Consul or Vice-Consul in whose district the wreck may have taken place, upon being claimed by him; and such Consul, Vice-Consul, 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 charge for such salvage and 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 British dominions. The goods and merchandize saved from the wreck shall not be subject to duties unless cleared for consunption, in which case they shall be liable to the same duties as if they had been imported in a British ship.

RUSSIA.-March 30, 1856.

ARTICLE 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 afford to the commercial and maritime interests of every nation the security which is desired, Russia and the Sublime Porte will admit Consuls into their ports situated upon the coast of the Black Sea, in conformity with the principles of international law.

RUSSIA.-January 12, 1859.

ARTICLE XV.

It shall be free for each of the two High Contracting Parties to appoint ConsulsGeneral, 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, ViceConsuls, 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 XVI.

If any ship of war or merchant vessel of one of the High Contracting 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 vessels, 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 Russian 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

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Appendix No.116.

Russia.

Appendix No.117.

Russia.

Appendix No.117. salvage, or other expenses, which would have been payable in the like case of a wreck of a national vessel.

Russia.

The goods and merchandize saved from the wreck shall be exempt from all duties of custom, 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 XVII.

The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of either 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 ships of war or merchant vessels of their respective countries.

Appendix No.118.

Salvador.

SALVADOR.-October 24, 1862.

ARTICLE XII.

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 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 acknowledgement 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 XV.

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-General, 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.

ARTICLE XVII.

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 XX.

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.

Appendix No. 118.

Salvador.

SANDWICH ISLANDS.-July 10, 1851.

ARTICLE IX.

In the event of any subject of either of the two Contracting Parties dying without will or testament in the territories of the other Contracting Party, the ConsulGeneral, Consul, or Acting 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 death shall have taken place.

ARTICLE XI.

It is further agreed that if any of the crew shall desert from a vessel of war or merchant vessel of either Contracting Party, while such vessel is 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 no public body shall protect or harbour such deserters.

ARTICLE XII.

It shall be free for each of the two Contracting Parties to appoint Consuls for the protection of trade to reside in the 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 the Hawaiian Islands in the dominions of Her Britannic Majesty 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; and, in like manner, the Diplomatic Agents and Consuls of Her Britannic Majesty in the Hawaiian Islands shall enjoy whatever privileges, exemptions, and immunities are or may be granted there to the Diplomatic Agents and Consuls of the same rank belonging to the most favoured nation.

ARTICLE XVI.

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, 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 agents; and if there are no such proprietors or agents on the spot, then the said goods or 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 Hawaiian 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 merchandize saved from the wreck shall not be subject to duties unless cleared for consumption.

Appendix No. 119.

Sandwich Islands.