Traité du 28 avril

DIS Highness Sceyyid Khalifa-bin-Said, Sultan of Zanzibar, and the German East African Association, having, with the approbation of his Highness Prince Bismarck, Chancellor of (he German Empire, appointed as their Plenipotentiary Dr. Jur Gustav Michahelles, Imperial German Consul-General at Zanzibar, have concluded the following Treaty : —

ARTICLE I

His Highness the Sullan makes over to the German East African Associalion all the power which he possesses on the mainland on the Mrima, and in all his territories and dependencies south of the Umba River, the whole administration of which he concedes

to and places in their hands Lo be carried out in His Highness” name and under his flag and subject to His Highness’ sovereign rights, bul itis understood that the Association is to be responsible for all affairs and administration of that part of His Highness’ dominions included in this Concession, and that His Highness the Sultan shall not be liable for any expenses connected with the same, nor for any war or « diya » (blood money), or for any claims arising therefrom, none of whichllis Highness shall be called upon Lo settle. No other but themselves shall have the right of purchasing public land on the mainland or anywhere in His Highness’ terrilories, possessions, Or dependencies within the limits above named, except through them, as is the case now with His Highness. He also grants (0 the Association the faculty of levying taxes upon the people of the mainland within the limits above named. His Highness further agrees to do all acts and deeds that would be necessary to give full effect Lo the terms of this Concession, Lo aid and support the Association with all his authorily and force, so as Lo secure Lo them the righls and powers hereby granted. It is further agreed upon by the Contracting Parlies that nothing contained in the following Arlicles of Concession shall in any way infringe or lessen the rights accorded by His Highness to the subjects or citizens of Germany, France, Great Britain, the United States of America, or any other foreign Powers having Treaty relalions with His Highness, or the obligalions which are or may be imposed upon him by his adhesion to the Berlin General Act.

ARTICLE IT

His Highness authorizes the Association Lo appoint in his name and on his behalf Commissioners to adminisler over any districls in His Highness’ possessions included in the limit of territories named above, except as hercinafter provided ; to appoint such subordinate officers as may be required, to pass Jaws for the government of districts, to establish Courts of Justice, and generally to adopt such measures as may be necessary for the protection of {he districts and interests under their rule. His Highness further authorizes the Association to make Treaties with subordinate or other native Chiefs, such Treaties and engagements Lo be ralified and confirmed by him in such cases as they are made in the name of His Highness. His Highness also agrees Lo cede to the Associa-

ton all the rights which he himself possesses over the lands in the whole of his lerritory on the mainland of Africa within the limits of this Concession, only excepting Lhe private lands and Schambas, and give Lhe Associalion all forts and unoccupied public buildings excepted as His Highness May wish to retain for his own private use ; a schedule of such buildings, plantations, or properties to be drawn up and agreed to belween His Highness and the Association. Further, he authorizes them {o acquire and regulate the OCcupalion of all lands not yet occupied, to levy and collect local and other taxes, dues and tolls, to do ail these and such other acts as may be necessary for the maintenance and Support of such local S0Vernments, forces, administration of justice, the making and improvements of roads or Waler communications or other public works, defensive or otherwise, and forthe liquidation of debts and payment of interest upon Capilal expended.

The Judges shall be appointed by the Association subject to {he Sultan’s approval, but all « Kadis » shall be nominated by His Highness. In aboriginal tracts the law shall be administered by the Association or their officials. The stipends of the Governors and all other officials in the terrilories occupied and controlled by the Association shall be paid by them.

ARTICLE II

His Iighness grants to the Association {he right Lo trade, to hold property, to erect buildings, and to acquire lands or buildings by purchase or negotialion anywhere within His Highness’ territories included in the limits of this Concession with the consent of the proprietors of any such lands and houses.

ARTICLE IV

His Highness grants to the Associalion special and exclusive privileges and powers to regulate trade and commerce, also the navigalion of rivers and lakes and control of fisheries, the making of roads, tramways, railways, canals, and telegraphs, and to levy Lolls and dues on the same ; als0 (he power to control or prevent the importation of any merchandize, arms, ammunition of all sorts, in{oxicaling liquors, or any other goods which, in {he opinion of the Association, are delrimental to law, order, and moralily, and

in whatsoever His Highness is not bound towards the . Governments. But it is clearlÿ understood that all exercise of (hose privi-

leges and powers shall be in conformity with existing Trea!ies belween His Highness and foreign States.

ARTICLE V

His Highness authorizes the Association to occupy in his name all forts at the mouth or mouths of any river or rivers or elsewhere in his dominions included in the limits of this Concession, with the right to establish custom-houses and to levy and collect dues on any vessels, goods, elc., arriving at or deparling from such port or ports, and Lo take all necessary measures for {the persecution of smuggling, subject, in all cases, to the Treaties above named.

ARTICLE VI

His Highness grants to the Association the exclusive privilege Lo search for and work, or to regulate, lease, or assign in any part of His Highness’ territories within the limits of this Concession any mines or deposils of lead, coal, iron, copper, tin, gold, silver, precious stones, or any metal or mineral or mineral oils whalever, also the exclusive right to {rade in the same free from all taxes and dues excepting such moderate royalty on minerals on) y not exceeding 5 per cent. on the first value of the article less the working expenses, àS May be hereinafter agreed by the Association to be paid to His Highness, also the right to use all forest trees and other woods and materials of any kind whatsoever for the purpose of the works aforesaid, and also for trade; but the wood used for building and for burning, commonly known as « borti, » may be cut on the mainland by others, as now, by payment of such dues to the Association as they may agree upon, but no such dues shall be required for wood cut for His Highness’ use.

ARTICLE VII

His Highness grants Lo the Association the right Lo establish a bank or banks anywhere in His Highness territories above menlioned, with the exclusive privilege of issuing notes,

ARTICLE VII

AI] the aforesaid powers and privileges Lo extend over and be

APPENDICE 31b

available for the purposes and objects of the Association during the whole of the term of fifty Years next, and dating from the time of this Concession being signed. At the conclusion of the said term all the public works, buildings, ete., shall revert to the Sullan, his heirs and SuCcessors, 1f desired, at a valuation to be fixed by Arbitrators chosen by both parties.

ARTICLE ![X

His Highness grants {o the Association {he « Régie, » or lease, of the customs of all the ports Throughout that part of His Highness” lerritories above defined for an equal period of time to the other Concessions upon the followingterms, namely : —

Atthe beginning of their administration the Associalion pay to His Highness an advance of 50,000 rupees in cash, which is to be refunded in equal monthly quotations within the first six months. For the first year the Association band over to His Highness at the end of every month according to the European reckoning the whole amount ofthe customs duties levied from the import and export trade in His Highness’ territories above defined, after deduction of a certain sum for the expenses incurred by collecting the duties. These expenses are not allowed to exceed the sum of 170,000 rupees in the first year, and ifthe Association are not able to prove by their books that, in fact, they expended the abovementioned sum, they have to pay to His Highness also the difference between their real expenses and the amount of 170,000 rupees.

The only profit the Association shall have in the first year is a commission of 5 per cent. from the net revenues paid {o His Highness. After the first year’s experience {he annual average of the sum to be paid to His Highness by the Association shall be fixed. The Association, however, shall have the right at the end of every third year, according to the results of the previous three years as shown by their books, to enter into fresh negolialions with His Highness in order to fix a revised average. His Highness shall be authorized to appoint an officer who can control {he revenues made in the custom-houses of all ports included in this Concession,

Further, it is understood that His Highness shall not claim the duty of any part of the trade twice over, and that the Association, therefore, shall be entitled to control the Customs officers of His

Highoess al Zanzibar to this effect, and to claim a drawback for the amount of any dulies which may hereinafter be paid direct to His Highness on any imports Lo or exports from the ports included in this Concession. The Associalion further guarantee to pay Lo His Highness 50 per cent. of the additional net revenue which hall come to them from the customs dulies of the ports included inthis Concession, and His Highness grants to the Associalion all rights over the territorial waters in or apperlaining to his dominions within the limits of these Concessions, particularly (he right to supervise and control tbe conveyance, transit, landing, and shipment of merchandize and produce within the said walers by means of a coastguard service both on land and water.

ARTICLE X

In consideration of the foregoing Concessions, powers, and privileges being granted by His Highness, the Association guarantee to His Highness the dividend on the value of twenty shares of 10,000 marks each ofthe German East African Associalion, equal to about 10,000/., which Concession shall entille him to such proportions of the net profits as shown by the books of the Association, after interest at the rate of 8 per cent. shall have been paid upon the shareholders’ paid-up capital, as shall attach to the said part of the Association’s capital.

ARTICLE XI

The German East African Association shall enjoy all the rights, privileges, immunilies and advantages as are or hereafter may be enjoyed by or accorded to any other Company or particular person to whom His Highness may have given or may give similar Concessions in any other part of his dominions as those granted by this Trealy to the German East African Association.

ARTICLE XII

These Concessions do not relate to His Highness’ possessions in the Islands of Zanzibar and Pemba, nor to his territories north of the Umba River; and it is understood that all public, judicial, or Government powers and functions herein conceded to the Association shall be exercised by them only in the name and under the authority of the Sultan of Zanzibar.

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ARTICLE XIII

IL is hereby agreed by both parties that {hese Concessions and the corresponding obligalions as set forth shall be binding for both parties, their heirs, successors, and assigns. during the term of fifly years for which they have been agreed upon.

ARTICLE XIV

His Highness is Willing to transfer the customs, Jands, and buildings aforesaid to the German East African Associalion at any date after the 15th August, 188$, which will be convenient to the Association.

ARTICLE XV

The present Treaty has been made out in four copies, two of Wbhich are written in the English and two in the Arabie language. AI those copies have the same sense and meaning. Should, however, differences hereafter arise as to the proper interpretation of the English and Arabic text of one or orther of the Treaty stipulations, the English Copy shall be considered decisive.

In faith whereof, His Highness Seyyid Khalifa-bin-Said and Dr. G. Michahelles have signed this Treaty, and have affixed thereto their seals,

Done at Zanzibar, the 28th day of April, in the year of our Lord 1888, corresponding with the {6th Shaban, 1305, of the Hidjerat.

o (L.S.) (Signed in Arabic.) (L.S.) (Signed) G. MICHAHELLES.

2. Charte de la Compagnie anglaise de l’Afrique orientale. (3 septembre 1888).

Victoria, by the grace of God, of the United Kingdom of Great Brilain and Ireland, Queen, Defender of the Faith. To allto whom these presents shall come, Greeling :

WHEREAS a humble Petition has been presented to us in our ee à NS A ie a TT And whereas the said Petition states amongst other things : —

That the pelitioners and others are associaled for the purpose of forming a Company or Association, to be incorporated, if to us should seem fit, for the objects in the said Petition set forth under the corporate name of the Imperial British East African Company.

That His Highness the Sayyid Barghash-bin-Saïd, Sultan of Zanzibar and its East African dependencies, by his Grants or Concessions, dated the 24th May, 1887, granted and conceded {0 the petitioners, or some of them, under the name or description of the British Kast African Association, all his powers, and the rights and duties of administration, and other privileges specially named on the mainland of East Africa, in the territory of the Mrima,' and also on the islands embraced in such territory, and in all his territories and dependencies on the coasl of East Africa, fron Wanga to Kipini, both inclusive, such powers, rights, and duties to be exercised and performed in his name and under his flag, and subject to the provisions of the said Grants and Concessions.

That divers preliminary agreements have been made on behalt of the petitioners with Chiefs and tribes in regions which adjoin or are siluale to the landward of the territories included in the said Grants or Concessions, and which are included in the sphere of British influence, agreed on behalf of ourselves and the Government of His Majesty the Emperor of Germany in 1886, by which powers of government and administralion in such regions are granted or conceded to or for he benefit of the petitioners.

That the petitioners desire to carry into effect the said Grants, Concessions, and Agreements, and such other Grants, Concessions, Agreements, and Treaties as ihey may hereafter obtain within the districts already referred Lo as being within the sphere reserved for British influence and elsewhere as we may be pleased to allow, with the view of promoting trade, commerce, and good government in the terrilories and regions which are or may be comprised in such Granis, Concessions, Agreements, or Treaes as aforesaid, and the petitioners believe that, if the said Grants, Concessions, Agreements, or Treaties can be carried into effect, the condition of the natives inhabiting the aforesaid territories and regions would be materially improved, and their civilization advanced, and an organization established, which would tend to the suppression of the Slave Trade in such territories, and

* Mrima signifies « mainland. »

the said territories and regions would be opened Lo the lawful trade and commerce of our subjects and of other nations.

That the possession by a British Company of {he coast-line, as above defined, and which includes the port of Mombasa, would be advantageous to the commercial and other interests of our subjects in the Indian Ocean, who may otherwise become compelled to reside and trade under the government or protection of alien Powers.

That the success of the enlerprise in which the pelitioners are engaged would be greatly advanced if it should seem fit to us Lo grant them our Royal Charter of Incorporation as a British Company under (he said name or title, or such other name or title, and with such powers as to us may seem fit fcrthe purpose of more effeclually carrying out the objects aforesaid.

That the pelitioners have already subscribed large sums of money for the purposes of the intended Company, and are prepared Lo subscribe or lo procure such further amount as may hereafier be found requisile for the development of 1he said enterprise in the event of our being pleased to grant to them our Royal Charter of Incorporation as aforesaid.

Now, therefore, we, having taken the said Petition into our Royal consideralion in our Council, and being salisfied that the intentions of the petitioners âre praiseworlthy and deserve encouragement, and that the enterprise in the Petition described may be productive of the benefits set forth in the said Petilion by our prerogative Royal, and of our especial grace, certain knowledge and mere notion have constituted, erected, and incorporaled, and by this our Charter for us and our heirs and Royal successors do conslitule, erect, and incorporate inlo one body politic and corporate bythe name of the Imperial British East Africa Company the said William Mackinnon, the Right Honourable Lord Brassey, K.C.B., General Sir Donald Stewart, Bart., G.C.B., G.C.S.I., C.I.E., Sir John Kirk, G.C.M.G., William Burdett-Coutts, M.P., Robert Palmer Harding, George Sutherland Mackenzie, and such other persons and such bodies as from time to time become and are members of thal body, with perpelual succession and a common seal, with power to break, alter, or renew {he same at discrelion, and with the further authorities, powers, and privileges conferred, and subject to the conditions imposed by this our Charter, and we do hereby accordingly will, ordain, grant, and declare as follows (that is Lo say) : —

I. The said Imperial British East Africa Company da this our Charter referred Lo as « the Company ») is hercby authorized and empowered lo hold and retain the full benefit of the several Grants, Concessions, Agreements, and Trealies aforesaid, or any of them, and all rights, interests, authorities, and powers necessary for the purposes of government, preservalion of public order in, or protection of the said territories, or otherwise, of what na- {ure or kind soever, under or by virlue thereof, or resulling therefrom, and ceded to or vesled in the Company, in, over, or affecling the territories, lands, and property comprised in those several Grants, Concessions, Agreements, or Trealies, or in, over, or affecting any territories, lands, or property in the neighbourhood of the same, and to hold, use, and exercise the same lands, properly, rights, interests, aulhorilies, and powers respectively for the purposes of the Company, and on the terms of this our Charter.

2, The Company is hereby further authorized and empowered; subject to the approval of one of our Principal Secretaries of Slale (herein referred Lo as our Secretary of State) lo acquire and take by any Grant, Concession, Agreement, or Treaty, other rights, interests, authorilies, or powers of any kind or nature whatever in, over, or affecting the lerritories, lands, or property comprised inthe several Grants, Concessions, Agreements, or Treaties, as aforesaid, or any rights, interests, authorities, or powers of any kind or nature Whatever in, over, or affecting other territories, lands, or property in Africa, and to hold, use, enjoy, and exercise {he same for the purposes of (he Company and on the terms of this our Charter.

3. Provided that none of the powers of this our Charter shall be exercised under or in relalion to any Grant, Concession, Agreement, or Treaty as aforesaid, until a copy of such Grant, Concession, Agreement, or Trealy, in such form and with such Maps or parliculars as our Secretary of Stale approves and verified as he requires, has been transmitted to him, and he has signified his approval thereof, either absolutely or subject to any conditions or reservalions.

4. The Company shall be bound by and shall fulfil all and singular the stipulations on their part contained in any such Grant, Concession, Agreement, or Treaty, as aforesaid, subject to any subsequent Agreement affecling those stipulations approved by our Secretary of State.

5. The Company shall always be and remain British in character and domicile, and shall have its principal office in Great Britain, and the Company’s principal representative in East Africa, and all the Directors shall always be natural-born British subjects, or persons who have been naturalized as British subjects by or under an Act of Parliament of our United Kingdom.

6. The Company shall noi have power to transfer wholly or in part the benefit of (he Grants, Concessions. Agreemenis, or Treaties aforesaid, or any of them, except wilh the consent of our Secrelary of State.

7. In case at any Lime any difference arises between the Sultan of Zanzibar, or the Chiefs or tribes which are included in {he sphere of British influence, as hereinbefore recited, and the Company, that difference shall on the part of the Company be submitted to the decision of our Secrelary of State, if he is willing to undertake the decision thercof.

8. If at any time our Secretary of Slale thinks fit to dissent from or object to any of the dealings of the Company with any foreign Power, and to make known tothe Company any suggestion founded on that dissent or objection, the Company shall act in accordance therewith.

9%. Ifat any time our Secrelary of State thinks fil Lo object Lo the exercise by the Company of any authority or power within any part of the terrilories comprised in the several Grants, Concessions, Agreements, or Trealies aforesaid, or otherwise acquired by the Company, on the ground of there being an adverse claim to that part, the Company shall defer Lo that objection until such lime as any such claim has been withdrawn or finally dealt With and settled by our Secretary of Stale.

10. The Company shall, to the best of its power, discourage and, 50 far as may be practicable and as may be consistent with existing Trealies between non-African Powers and Zanzibar, abolish by degrees any system of Slave Trade or domestic servitude in the Company's terrilories.

11. The Company as such, or its oflicers as such, shall not in any way interfere with the religion of any class or iribe of the peoples of its terrilories, or of any of the inhabitants thereof, except so far as may be necessary in the interests of humanily, and all forms of religious worship or religious Ordinances may be exercised within the said territories, and no hindrance shall be offered thereto except as aforesaid.

42. In the administration of justice by the Company lo the peoples ofits Lerrilories, or Lo any of the inhabitants thercof, careful regard shall always be had to the customs and laws ofthe class or tribe or nalion Lo which the parties respectively belong, especially wilh respect Lo the holding, possession, transfer, and disposition of lands and goods, and testate or intestate succession thereto, and marriage, divorce, and legitimacy, and other rights or properly and personal rights.

43. If at any time our Secretary of State thinks fit to dissent from or object to any part of the proceedings or system of the Company relalive Lo the peoples of its territories, or to any of the inhabitants in respect of slavery or religion, or the administration of justice or other malter, he shall make known to the Company his dissent or objection, and the Company shall act in accordance with his directions duly signified.

14. The Company shall freely afford all facililies requisite for our ships in the harbours of the Company without payment, except reasonable charges for work done or services rendered, or materials or things supplied.

15. Except in the dominions of His Highness the Sultan of Zanzibar (within which it is required to use His Highness’ flag), the Company may hoist and use on its buildings and elsewhere in its terrilories, and in its vessels, such distinctive flag indicating the British character of the Company as our Secretary of State and the Lords Commissioners ofthe Admirally shall from time to time approve.

17. Subject to the customs duties and taxes hereby authorized, and subject to such restrictions as may be imposed by the Company on importalion of spirits, opium, arms, and ammunition, and {o restrictions on other things similar to those restrictions which may be applied in our United Kingdom, or in our Indian Empire, or as may be approved by our Secretary of State, there shall be no differential treatment of the subjects of any Power as to trade or settlement, or as to access to markets; provided that

foreigners, as wellas Brilish subjects, shall be subject (o administralive dispositions in he interest of commerce and of order.

18. The Company shall in Zanzibar terrilory conform Lo all the restrictions and provisions wilh respect Lo export and import, or other dutics or taxes, which are contained in any Treaty for the time being in force between Zanzibar and any other Power in relation to the Zanzibar territories of the Company.

19. The Company shall not in Zanzibar territory levy on foreigners any other duty or taxes than such as are authorized in Zanzibar terrilory by such Treaties as last menlioned, and shall not in their other territories, without the approval of our Secretary of State, levy on foreigners any duties or taxes other than duties and taxes similar {o those authorized to be levied in Zanzibar territory by the Treaties in force belween us and the Sultan of Zanzibar at the date ofthis our Charter ; and if any such other taxes are levied wilh the approval of our Secretary of State, accounts of their nature, incidence, proceeds, and application shall from time to lime, if required, be furnished {o our Secretary of Slale at such times, and in such form, and in such manner as he directs.

20. For the more effectual prevention of the Slave Trade the Company may, notwithstanding anything hereinbefore contained, levy within the territories adminisiered by the Company, other than their Zanzibar territory, a tax on caravans and porters or carriers carrying merchandize or other goods passing through the Company's territories, provided such tax shall not be imposed in contravention of any Treaties belween Great Britain and Zanzibar.

21. For regulating the hunting of elephants, and for {heir preservation for the purpose of providing means of military and other transport in our Indian Empire or elsewhere, the Company may, notwithstanding anything hereinbefore contained, impose an:l levy within any terrilories administered by them other than their Zan: zibar Llerrilory a licence duly, and may grant licences lo lake or kill e!lephants, or to export elephants’ lusks or ivory.

22. The Company shall be subject to and shall perform and undertake all the obligations contained in or undertaken by ourselves under any Treaty, Agreement, or Arrangement between ourselves and any other State or Power, whelher already made or hereafter to be made.

In all matters relating to the observance of this Article, or to the exercise within the Company’s territories for the time being of any

jurisdiction exercisable by us underthe Foreign Jurisdiction Acls, the Company shall conform {o and observe and carry out all such directions as may from lime {o time be given in that behalf by our Secretary of State, and the Company shall appoint all necessary officers Lo perform such duties, and shall provide such Courts and other requisiles as may from time to time be necessary for the administration of justice.

23. The Company is hereby further specially authorized and empowered for the purposes of this our Charter—

(4.) To fix the capital of the Company and to increase the same from time to Lime, and for the purpose of raising such sums of money as it may find necessary for the proper working of the Company as the field of its operations extend, to issue sharcs, and to borrow moneys by debentures or other obligations.

(2.) To acquire and hold, or charter, or otherwise deal with steam-vessels and other vessels.

(3.) To create Banks and other Companies, and authorize persons and Companies, and establish undertakings or Associations for purposes consistent with the provisions of this our Charter.

(4.) To make and maintain therein roads. harbours, railways, telegraphs, and other public and other works, and carry on therein mining and other industries.

(5.) To make therein Concessions of mining, forestal, or other rights.

(6.) To improve, develop, clear, plant, and cultivate any territo ries and lands comprised in the several (rants aforesaid or other wise acquired under this our Charter.

(7.) To settle any such territories and lands as aforesaid, and to aid and promote immigration into the same.

(8.) To grant any lands therein for terms or in perpetuity absoiutely, or by way of mortgage or otherwise.

(9.) To make loans or contributions of money’s worth, for promoting any of the objects of the Company.

(10.) To acquire and hold personal property.

1.) To carry on any lawful commerce, trade, or dealing whatsoever, in connection with the objects of the Company.

(12.) To establish and maintain agencies in our Colonies and possessions, and elsewhere,

(13.) To sue and be sued by the Company’s name of incorporation, as well in our Courts in our United Kingdom, or in our

Courts in our Colonies or possessions, or in our Courts in foreign countries, or elsewbhere.

(L4.) To Lake and hold without licence in morlmain or other authorily than this our Charler messuages and hereditaments in En gland, and subject to any local law in any of our Colonies or possessions, and elsewhere, convenient for carrying on {he management of the affairs of (he Company, and to dispose from time {o time of any such messuage and hereditaments when not required for {hat purpose.

(15.) To do all lawtful things incidental or conducive lo the exercise or enjoyment of the authorilies and powers of the Company in this our Charler expressed or referred lo, or any of them.

24. Within one year after the date of this our Charter lhere shall be executed by the members of the Company for the time being a deed of seltlement, providing so far as necessary for —

4.) The further definition of the objects and purposes of the Company. ;

(2.) The amount and division of the capital of the Company, and the calls to be made in respect thereof.

(3.) The division and distribution of profits.

(4.) The number, qualification, appointment, removal, rotation, and powers of Directors of the Company, and the time when the first appointment of Directors under such deed is to take effect,

(5.) The registration of members of the Company.

(6.) The preparation of annual accounts, to be submitted to the members at a general meeling.

(7.) The audit of (hose accounts by independent auditors.

(8.) The making of bye-laws,

(9.) The making and using of official seals of the Company.

0.) The winding-up (in case of need) of the Company’s affairs.

(11.) Any other matters usual or proper to be provided for in respect of a Chartered Company.

25. The deed of settlement shall, before the execution thereof, be submitted to and approved by the Lords of our Council, and a cerüficate of their approval thereof, signed by the Cierk of our Council, shall be indorsed on this our Charter, and on the deed of settlement, and such deed of settlement shall take effect from the date of such approval.

26, The provisions of the deed of seltlement may be from time

{o lime varied or added lo by a supplementary deed, made and execuled in such manner and subject to such conditions as the deed of seltlement prescribes.

27. Such deed of settlement may provide for the crealion of founders’ shares, and for assigning lo the holders of such shares a right Lo a proportion of {he profits or revenues of the Company, to be defined by the Company's deed of settlement, to be approved, as aforesaid, without contribution to the capital of the Company.

28. The members of the Company shall be individually liable for the debts, contracts, engagements, and liabilities of the Company to the extent only of the amount for the time being unpaid on the shares held by them respectively.

29, Until such deed of seetlement as aforesaid takes effect, the said William Mackinnon shall be the President; the said the Right Honourable Lord Brassey, K.C.B., shall be Vice-President ; and the said General Sir Donald M. Stewart, Bart., G.C.B.; Sir Thomas Fowell Buxton, Bart.; Sir John Kirk, G.C.M.G.; General Sir Arnold Burrowes Kemball, R.A., K.C.S.1.; Lieutenont-General Sir Lewis Pelly, M.P., K.C.B.; K.C.S.I.; Colonel Sir Francis de Winton, R.A., K.C.M.G., C.B.; W. Burdett-Coutts, M.P.; Alexander Low Bruce ; Robert Palmer Harding ; George Sutherland Mackenzie; and Robert Ryrie, shall be Directors of the Company, and may, on behalf of the Company, do all things necessary or proper to be done under this our Charter by or on behalf of the Company.

And we do further will, ordain, and declare that this our Charter shall be acknowledged by our Governors, and our naval and military officers, and our Consuls, and our other officers in our Colonies and possessions, and on the high seas, and elsewhere, and they shall severally give full force and effect to this our Charter, and shall recognize and be in all things aiding to the Company and its officers.

And we do further will, ordain, and declare that this our Charter shall be taken, construed, and adjudged in the most favourable and beneficial sense for and to the best advantage of the Company, as well in our Courts in our United Kingdom, and im our Courts in our Colonies or possessions, and in our Courts in foreign countries or elsewhere, notwithstanding that there may appear {o be in (his our Charter any non-recilal, mis-recital, uncerlainty, or imperfeclion,

And we do further will, ordain, and declare, that this our Charter shall subsist and continue valid, notwithstanding any lawful change in the name of (he Company or in the deed of settlement thereof, such change being made with the previous approval of our Secretary of State signified under his hand.

And we do lastly will, ordain, and declare, Chat in case at any time it is made Lo appear Lo us in our Council that he Company have substantially failed to observe and conform to the provisions of this our Charter, or that the Company are not exercising their powers under the recited Grants, Concessions, Agreements, and Trealies, so as to advance the interests which the petitioners have represented to us to be likely to be advanced by the grant of this our Charter, it shall be lawful for us, our heirs and successors, and we do hereby expressly reserve and take to ourselves, our heirs, and successors, the right and power by writing under the great seal of our United Kingdom to revoke this our Charter without prejudice to any power to repeal the same by law belonging to us or them, or to any of our Courts, Ministers, or officers, independently of this present declaration and reservation.

In witness whereof we have caused these our letters Lo be made patent.

‘Witness ourself at Westminster the 3rd day of September, in the 52nd year of our reign.

By warrant under the Queen's sign manual.

(Signed) MUIR MACKENZIE.

3. Projet de déclaration internationale relative aux occupations de territoires

Lausanne, 7 septembre 1888 (1), ARTICLE I

L’occupalion d'un territoire à titre de souveraineté ne pourra être reconnue comme effective que si elle réunit les conditions suivantes :

(1) Nous n'avons pas réussi à nous procurer le texte définitif, Celui que nous donnons est celui qui a été voté à Lausanne. Il n’a subi depuis que des modifications de forme, sans aucune importance. Cf. Revue, XX, n0 6, p: 604 ets,; Annuaire, t. X.

1° La prise de possession d’un territoire enfermé dans certaines limites, faite au nom du gouvernement ;

2° La notification officielle de la prise de possession.

La prise de possession s’accomplit par l’établissement d'un pouvoir local responsable, pourvu de moyens suffisants pour maintenir l’ordre et pour assurer l'exercice régulier de son autorité dans les limites du terriloire occupé. Ces moyens pourront être empruntés à des institutions existantes dans le pays occupé.

La notification de la prise de possession se fait, soit par la publication dans la forme qui, dans chaque État, est en usage pour la notificalion des actes ofliciels, soit par la voie diplomatique. Elle contiendra la délermination approximative des limites du terriloire occupé. :

ARTICLE II

Les règles énoncées dans l’article ci-dessus sont applicables au cas où une puissance, sans assumer l'entière souverainelé d'un terriloire et tout en maintenant. avec ou sans restrictions l’autonomie administrative indigène, placerait ce terriloire sous son protectorat.

ARTICLE II

Si la prise de possession donnait lieu à des réclamations fondées sur des titres antérieurs, et si la procédure diplomatique ordinaire n’amenait pas une entente entre les parties intéressées, celles-ci feraient appel, soit aux bons offices, soit à la médiation, soit à l'arbitrage d’une ou plusieurs tierces puissances.

ARTICLE IV

Sont proscrites, toute guerre d'extermination des tribus indigènes, loutes rigueurs inutiles, toutes tortures, même à titre da représailles.

ARTICLE V

Dans les terriloires visés par la présente déclaration, l'autorité respeclera ou fera respecter {ous les droits, notamment la propriété privée, tant indigène qu’étrangère, tant individuelle que collective.

ARTICLE VI

Ladite autorité a le devoir de veiller à la conservation des po

APPENDICÉ 389

pulations indigènes, à leur éducation et à l'amélioration de leurs conditions morales et matérielles.

Elle favorisera et protégera, sans distinction de nationalité, toutes les institutions ct entreprises particulières créées el organisées à ces fins, sous la réserve que les intérêts politiques de l'Etat OCcupant où protecteur ne seront point compromis ou menacés par l’action ou par les tendances de ces inslitutions et entreprises.

ARTICLE VII

La liberté de conscience est garantie aux indigènes comme aux nationaux et aux étrangers.

L'exercice de tous les cuites ne sera soumis à aucune restriclion ni entrave.

On proscrira, toutefois, les pratiques contraires aux lois de la morale et de l'humanité.

ARTICLE VIII

L'autorité préparera l’abolition de l'esclavage, L'achat ou l'emploi des esclaves pour le service domestique P D par d'autres que par les indigènes, seront immédiatement interdits.

ARTICLE IX

La traite sera interdite dans toute l'étendue des terriloires visés par la présente déclaration.

Ces territoires ne pourront servir ni de marchés, ni de voie de transit pour la vente des esclaves, et les mesures les plus rigoureuses seront prises contre ceux qui se livreraient ou qui seraient intéressés à ce trafic.

On empêchera l'introduction et le commerce intérieur des cangues el autres instruments de supplice à l'usage des propriétaires d'esclaves.

ARTICLE X

Le débit des boissons fortes sera réglementé et contrôlé de façon à préserver les populations indigènes des maux résultant de leur abus,

4. Articles de l’Acte général de la Conférence africaine relatifs aux occupations. (1)