GRANDE-BRETAGNE, PORTUGAL
Traite de commerce et d'extradition relatif aux possessions respectives dans les Indes, signé à Lisbonne, le 26 décembre 1878; suivi d'un Tarif, d'un Mémorandum et d'une Déclaration en date du même jour, d'un Article additionnel en date du 8 mars, ainsi que d'une Déclaration en date du
6 août 1879*).
Pari. Paper 12459], 1880.
Texte anglais. /
Traité.
HËB Majestj the Queen of the United Eingdom of Oreat Britain and Ireland, Empress of India, and His Most Faithful Majesty the Eing of Portugal and the Algarves, being equally animated hy the désire to draw doser the ancient lies of friendship which unité the two nations, and to improve and extend the relations of commerce between their respective dominions, and judging it convenient to substitute for the privilèges accorded to Portuguese commerce at Surat a System more in harmony with the fiscal interests of British India and those of Portuguese India, Their Majesties bave resolved, with thèse objects to establish a Customs Union between the possessions of their respective Crowns in India, and to conclude a Treaty of Commerce and Extradition for the said possessions.
And for thèse purposes bave named as their Plenipotentiaries, that is to say: —
Her Majesty the Queen of the United Eingdom of Oreat Britain and Ireland, Empress of India, Robert Bumet David Morier, Esquire, Companion of the Most Honourable Order of the Bath, Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty at the Court of His Most Faithful Majesty, &c., &c., ào. ;
And His Most Faithful Majesty the Eing of Portugal and the AIgarves, Senhor Joâo de Andrade Corvo, Councillor of State, Peer of the Realm, Minister and Secretary of State for Foreign Affairs, Professor in the Polytechnical School of Lisbon, Lieutenant-Colonel of Engineers, Enight Grand Cross of the Ancient, Most Noble and Illustrions Order of Si James for the reward of the Scientific, Literary, and Artistic Merit, Enight Commander of the Order of Christ, Companion of the Military Order of Christ, Companion of the Military Order of Aviz, Effective Enight Orand Cross of the Order of the Rose of Brazil, Enight Grand Cross of the Légion of Honour of France, of Leopold of Austria, of Saints Maurice and Lazarus of Italy, of the Royal Order of Charles the Third of Spain, of the Order of the Polar Star of Sweden, Ofûcer of Public Instruction in France, &c., &c., &c. ;
*) En anglais et en portugais. Les ratifications ont été échangées k Lisbonne, le 6 août 1879.
424 Grmée-Bi
Who, alf^er haTÎng eommiunûaited, Xù «bdi otiu^r diecr r^p^côre fàll pr>w<T^ fi'^tsiui m good and dne fi'^nxi, haTe agreed u.p«:G. suzd ccacluiied the
.<ilr<, /« There ^sall b< reeîproeal ineàûm oi eomm^ce , naTigation^ aod trao^ btiween toft Lbiiaa domimûm oi ihe Hi^h. Coutractiiig Parties.
ëotJi îrvtAfAn, *A coounerce; aaTi^ûk»a, and iraiisi: ihall ziùC extend io «yiOtraFiaiid of war, or to articles of which cLe ëxp«Dru^Gii or impor- Ii(tt6ik in probit/rt^ by tiai.^ Treaty, or bj any iaw not m«nsistent tiïerewHfay Bi^fr or for tbe fatare in for>:3e in tbe Indian 'ioaûnioiiâ of «tber Partr.
^>t. //. Thô fnbj^ctà of each of tfae High Contraeting Parties shail tp« entitle^i to enter into and to travel and réside in the Iniiian dominions of tbe otber; io hire and own Ian>i§ and houies tkerein: to op«n wareliotueg and wbolesala and retail shops, and otherwije to crade with perfect tretdfim therein*
Tbe fabjeetfl of each of tbe High Contraeting Parties ayailing them- •elres of tbe above permiaaion shall enjoj in tbe Indian dominions of tbe otber, in reîrpect of commercial and indnstrial pnrsnits, ail pririleges, im- Donîties, and other ad vannages wbicb are or maj l>e accorded to the snbjeeUi of the other, and ahall not be liable to any gênerai, spécial, or local imposte whaterer, except tboâe which are or maj be imposed on sach snbjectfi; bat tbey sbali V>e in ali respects amenable to the gênerai laws and «tatnten in force in gnch dominions.
Art. m. The ports, barboors, roadsteads, basins, creeks, and rivers in tbe Indian dominions of each of the Uigh Contraeting Parties shall be open to tbe commerce and navigation of the snbjects of the other, on the •ame conditions as those on which thej are open to the subjects of the Party in whose dominions thej are.
Tbe coasting and carrjing trade between one part and another in the Indian dominions of each of the High Contraeting Parties shall be open to tbe vessels of tbe other, without any restriction except such as is or may be imposed npon national ressels.
No yessel of one of the High Contraeting Parties shall be subjected by tbe other to any harboar or navigation dues of any description what- •oever, or to any régulations for stationing, loading, unloading, or otherwise, to wbicb national vessels are not equally subject, or shall be denied any privilège which is accorded to such vessels.
Tbe High Contraeting Parties reserve to themselves respectively the right of retaining, increasing, modifying, and abolishing the dues and charges on navigation in their respective Indian dominions, and of establisbing new dues and charges of a like nature.
Art. IV. The privilèges and engagements comprised in Articles I, II, and III of this Treaty shall extend to native States which, by Treaty with Hor Britannic Majesty or otherwise, may be entitled to be placed, in the matters referred to therein respectively, on the same footing as British India. The Qovernor-General of British India will, from time to time, communicate to the Qovernor-General of Portuguese India a list of •acb native States.
Commerce el exlradUUm. 425
Art. V. The Figh Contracting Parties agrée to use their best en* âeavoors to establish between their respective Systems of moneys, weights, and measures the harmony désirable for the development of commercial relations between their respective dominions.
The detailed measures to be adopted shall form the subject of a separate Convention between the Governors-General of British India and Portaguese India, to be executed within two years from the date when this Treaty cornes into force.
Art, VI, The High Contracting Parties, being equally animated by the désire of procuring for their respective subjects new facilities of communication, and of extending the ezternal commerce of India, agrée to the foUowing stipulations: —
(a.) Whenever His Most Faithful Majesty shall give notice to Her Britannic Majesty that a joint stock company bas been formed for the constrnction of a railway from the port of Marmagaum to the town of New Hubli, and that His said Majesty proposes to give to the said Company a concession of powers and facilities for the construction and maintenance of the porti(ms of the said railway lying within Portuguese India, and the rendering of the said port safe and suitable for purposes of commerce, Her Britannic Majesty engages, upon being satisfied that such concession is suitable and suffîcient, and that the capital necessary for the undeitaking is forthcoming, and upon the said concession being actually granied by His said Majesty, to enter into a contract with the said Company providing for:
1. The grant, upon the same terms as those upon which land bas been granted to guaranteed railway companies in British India, of whatever land may be temporarily or permanentUy necessary for the construction aod maintenance of the portion of the line lying within British territory.
2. The use of Her Majesty's best endeavours to obtain from any mtive State whose territory the line is intended to traverse, the grant on the same terms of whatever land may be so necessary for the said purpose, but flibject to Her Britannic Majesty *s Impérial jurisdiction and sovereignity.
3. The affording of ail usual and reasonable facilities for the making and working of the line.
4. The conveyance by the said company, on the whole line of railway between Marmagaum and New Hubli, or any part thereof, upon terms similar to those on which the same are conveyed upon the guaranteed railways in British India, of Her Britannic Majesty's mails, post-ofBce officiais, police, artizans, and stores, and also (subject in the case of transit through His Most Faithful Majesty's territory, to the provisions of Article XVIII of this Treaty) of her troops, arms, and munitions of war.
5. The right of Her Britannic Majesty to construct and maintain an electric telegraph on such whole line, or any part thereof.
6. The right of Her Britannic Majesty to construct from any point or points of the said whole line a line of railway to Earwar, and lines to any other places in British India, and the use, with engines, carriageSi and otherwise , for the purposes of any such lines , of ihe whole or any
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Ar$, Vil, In order fiirther to cany ont the désire of the High Con-
Commerce et extradiHan. 427
tractiDg Parties that their respectÎTe Indian dominions shall become one terrîtory in ail matters relating to commerce, it is agreed as follows: —
AU customs duties, whether on import or ezport, now levied on the frontier lines between the Indian dominions of the High Contracting Parties, shall be abolished, and ail Customs establishments connected therewith shall be discontinned. Ail articles of commerce, of whatever origin, which, according to the provisions of this Treaty, may be imported into or exported from the Indian dominions of either party, shall pass freely into or ont of sach dominions across snch frontier lines, withont being sabject to any import, export, or transit duty, and shall be in ail respects treated not less favourably than similar national prodncts.
Ail goods, the growth, produce, or manufacture of the Indian dominions of one of the High Contracting Parties, or which hâve been legally imported into such dominions, may be conveyed by sea ont of sach dominions into the Indian dominions of the other withont payement of dnties of Customs.
With the view of preventing injnry to the joint interests of the High Contracting Parties by the passage, free of dnty, of dntiable articles across those frontiers of Portuguese India which march with Native States not entitled to the same Customs* privilèges as British India, and by the import from, and export to, snch States, by sea, of such articles, the Government ofPoriuguese India will levy, on ail goods passing such frontiers, or so imported or exported, duties at the rates for the time being in force under this Treaty in respect of similar goods respectively imported into, or exported from, Portuguese India from or to foreign countries.
The Govemor-General of British India will, from time to time, oommunicate to the Governor-General of Portuguese India a list of the Native States entitled to the same Customs* privilèges as British India.
Art, VIIL In order to insure that the complète freedom of intercourse between their respective Indian dominions, which it is the désire of the High Contracting Parties to provide, shall produce bénéficiai results, withont préjudice to the financial interests of either, it is hereby agreed that there shall be a Customs Union between the said dominions on the following terms: —
The laws and régulations relating to the levy of Cnstoms duties on goods exported or imported by sea, and the administration of the Department of Customs, shall be uniform throughout the said dominions, in so far as the High Contracting Parties, acting in concert, may deem practicable afber taking into considération any spécial oircumstances which may exist in the case of the dominions of either of them.
The Tariff of Customs duties to be levied on goods exported or imported by sea shall, except as hereinafter provided, be uniform throughout the said dominions.
The Tariff annexed to this Treaty shall come into force' upon the same date as the Treaty itsel£
Art. IX, In order that each of the High Contracting Parties may préserve its législative independence as regards its own dominionSi withont
428 Grande-Brelagne^ Portugal.
interfering with either the interests of tbe other or the objecta of the Union, it is agreed as follows: —
(a.) His Most Faithfal Majesty reserves to himself the right to inorease, reduce, or abolish the ezport duties on any articles grown, produced, or manafactured in Portugaese India. The Portugaese Indian origin of anj articles ior which anj such privilège is claimed shall be duly established at the Custom-house of the port of exportation.
(b.) His Most Faithful Majesty also reserves to himself the right to increase, reduce, or abolish the import duties on such quantity of any articles as may be bonâ fide required for consumption within Portugaese India.
The quantity so required shall be from time to time determined by a Mixed Commission. The Commission shall be guided in its décision either by the consumption in the said dominions previous to the Union, with an augmentation, if necessary, for subséquent increase of population and resources, or by the consumption per head of population in other parts of India, the circumstances of which are generally similar.
The whole quantity of any such articles which may be imported shall, in the first instance, be subjected to the payement of duty, and the amount of duty recovered upon any quantity for which exemption bas been granted under the provisions of the preceding clauses shall, at the end of the year, be handed over ont of the common receipt to the Government of Portugaese India, to be by them refunded pro rata to the several importera.
(c.) A fixed quantity of the wines of Portugal, intended exciusively for consumption in Uis Most Faithful Majesty's Indian dominions, shall l>6 admitted into the said dominions, on payement of the same import duty as at présent, that is to say, at the rate of two xerafins and two tangas per almude, or two annas nine pies per gallon. The quantity entitled to this privilège is now fixed at 500 pipes or 41,500 impérial gallons, bat ahall, ao long aa thia Treaty remains in force, be open to revision by a Mixed Commiaaion, at the expiration of auccessive perioda of three years.
{d,) Wines of Portugal intended for conaumption in British India shall not be subjected to duties différent from, or higher than those to which the wines commonly known as »Claret and Bargundyc may, from time to time, be subjected.
(«.) Sabject to the réservations contained in clauses (a), (*), (c), and (d) of this Article, His Most Faithful Majesty engages to give effect, in ail Custom-houses in Portugaese India, to any modifications in the Tariff which the Government of British India may deem necessary: Provided always, that if the said modifications reduce or abolish duties on importation, and His Most Faithful Majesty does not concur in them, the amoant of loss of duty occasioned thereby on the quantity of any articles bonâ fide required for consumption within Portuguese India, as compared with the duty previously levied on such quantity, shall be added to the share of His Most Faithful Majesty in the common receipt which may be determined under the fourth paragraph of Article X of this Treaty. The said quantity ahall, in the event of any différence of opinion, be determined onder clause {p) of this Article.
Commerce et extradition, 429
Art. X. The prodace of the said Customs daties at tbe ports of British India and at the port« of Portuguese India, or at ail of such ports as may from time to time be found to be practicallj affected bj the présent Treatj, shall constitnte a common receipt.
The said common receipt, after déduction of refunds (if any), but not of ezpenses of collection, shall be divided at the close of each jear, upon the principle of securing to His Most Faithful Majesty the whole of the duties collected, at both British Indian and Portuguese Indian ports, on ail dutiable articles consumed in or produced in Portugnese India.
Such registers and accounts of traffic shall be kept at the Gustomhonses of both the High Contracting Parties, and upon any railway which may now or hereafter serve to connect their respective Indian dominions, as may be necessary to facilitate the division of the said common receipt.
The said division shall be practically effected either in accordance with the actual ascertained trafBc from year to year, or upon the basis of the estimated consamption per head of the population of Portuguese India, or otherwise, as the Govemments of Bombay and of Portuguese India may from time to time détermine , after fiill and fair considération of ail the drcumstances of the case. In the event of any différence of opinion between them on the subject^, the question shall be determined by a Mized Commission.
The share of His Most Faithful Majesty in the common receipt, as thns ascertained, shall be augmented from the said receipt by three-fourths of its amount, the remainder shall constitnte the share of Her Britannio Majesty.
Art, XI. The High Contracting Parties reserve to themselves respectively the right to maintain, modify, increase, or abolish ail internai daties of excise, or otherwise, on production, manufacture, or consumption, existing in their Indian dominions, and to establish new duties of a similar nature; provided always, .that the products of the Indian dominions of the one shall not be subject, in the Indian dominions of the other, to any duties except such as may be imposed on similar national prodncts.
The High Contracting Parties recognize, bowever, that in the case of ail prodncts subjected to a duty sufficiently heavy to cause a serions différence in the price to the consumer, it is highly important to adopt in their respective dominions, as far as may be practicable, a uniform System of administration and dnties.
Consequently , and with the view as well of preventing injury to the revenues of Her Britannic Majesty from a diversity of Systems, as of secaring for His Most Faithful Majesty*s Indian dominions the advantages of uniform ity, the High Contracting Parties respectively engage to carry ont the following stipulations regarding sait, spirits, and opium.
Art, XII. His Most Faithful Majesty engages to grant to Her Britannic Majesty*s Government of Bombay, for the period during which this Treaty may remain in force, the exclusive privilège of regnlating orondertaking the manufacture and sale of sait in Portuguese India nnder the following conditions: —
430 Grande-Bretagne, Portugal.
(a,) The proprietors or tenants of saltworks may , under the direction of the agents of the said Government, and subject to conditions mutnally agreed upon between tbem , continue to manufacture sait on their own accoont, or manufacture sait on account of the said agents, or farm ont their salt-works to them.
(b.) If the said proprietors or tenants cannot arrive at a voluntary agreement with the said agents, the Government of Portuguese India will take such measures as may be necessary to let the said salt-works in farm to, and under the direction or administration of the said agents, so that the said agents may be able to cause sait to be made there in such manner as they may judge most suitable : Provided that when , on the expiration of the fjËU'm, the said proprietors obtain possession of the salt-works, they shall be entitled to compensation for damage (if any) resulting thereto from the farm, but shall not be liable to payment of compensation for improvementa which may hâve been effected therein.
(c.) The agents shall hâve the right to use the land adjacent to ail salt-works for the purpose of transporting or dcpositing sait or other opérations connectcd with the manufacture, provided that they do not interfère with the cultivation of the same. The proprietors or tenants of the said land, on their part, shall hâve the right to dérive from the saltworks the same advantages, in respect of the cultivation of rice or other crops, as they hâve enjoyed hitherto, provided that they do not interfère with the manufacture of sait. The relations in this matter between the said proprietors or tenants and the said agents shall be determined by spécial rules made by the Government of Portuguese India.
(d.) The Government of Portuguese India will cause the suppression of any salt-works which, in the opinion of the said agents, may be difficnlt to superintend or guard, or cannot be worked with profit.
(e.) The Government of Portuguese India will secure to the said agents the acquisition, at a fair and reasonable price, of ail the sait exi- Bting, or in course of manufacture, in Portuguese India at the time this Treaty comes into force: provided that if the said agents do not wish to purchase the whole of the said sait, the owners thereof shall hâve the right of spelling it locally, or of exporting it under the same conditions as hitherto.
(/.) His Most Faithful Majesty will prohibit the manufacture and sale of sait, the collection of sait spontaneously produced, and the transit and exportation thereof both by sea and land, by any persons not delegated in this behalf by the said agents, or who hâve not obtained from the said agents a permit in due form, and he will adopt in Portuguese India the procédure and penalties in force in British India for the répression of smuggling and contraband practices in respect of sait, with such modifications as the Portuguese Indian System of législation and administration, or the diversity of circumstances, may necessitate.
(g,) In order to insure the effective exercise of the privilège granted by this Article, His Most Faithful Majesty invests the said agents with the right —
Commerce et extradition. 431
(1.) To enter and înspect ai any time any salt-work, or any warehouse or premises used for storing sait, or any vessel which bas been or is proposed to be laden witb sait.
(2.) To searcb ail persons, animais, carnages, vessols, goods, and packages in or upon which they may bave reason to believe contraband sait to be, or to be concealed.
(3.) To arrest any person found in the act of smnggling or contraband practices, and any accomplice présent, provided that such person or accomplice sball be immediately delivered over to an officer appointed under paragrapb (6) of tbis clause, or to the nearest revenue or police station, or to the administrative autbority of tbe parisb.
(4.) To seize any sait which they may bave reason to believe to be contraband, and any animais, carriages, or vessels used in transporting it, or in or upon wbich it may be found, and ail goods and packages in or among whicb it may be contained or concealed: provided that everything 80 seized sball be retained in provisional custody pending orders for the disposai thereof by compétent Portnguese autbority, to wbom tbe seizure and the circumstances thereof sball be reported.
(5.) To obtain from the compétent local Portugnese autbority, on wrîtten application, the arrest of any person wbom such autbority may bave reason to believe to bave been guilty of smuggling or contraband practices, and the searcb of any house, building, premises, or vessel in which tbere may be reason to suspect that contraband sait is, or is concealed.
(6.) For the purpose of co-operating with the said agents in the proceedings contemplated under the preceding paragraphs (1) to (5) inclnsive, and of repressing smuggling and contraband practices in respect of , sait, His Most Faithful Majesty engages to appoint such number of officers as he may from time to time deem fit, to réside at or near the several sait- Works. The said officers sball, when called upon by the said agents, be legally bound to assist them in their proceedings aforesaid, and the said agents sball, except as otherwise permitted in paragrapb (3), hand over to them ail persons arrested and property seized, for delivery to the charge of higher Portnguese autbority, or for provisional custody, as the case may be.
(7.) It is to be understood that the said agents will be subject in eveiy respect to the laws of Portnguese India, and will be responsible, in accordance with those laws for ail abuses that may be oommitted by them, as also for ail acts done on their réquisition by the ofQcers referred to in the last preceding paragrapb.
{h.) In considération of the preceding stipulations of tbis Article, Her Britannic Majesty engages to pay just compensation to tbe proprietors of sali -Works which bave been let in farm to the said agents or suppressed, under the provisions of clauses {h) or {d) of tbis Article.
The compensation sball be awarded by a Mixed Commission, and shall be either in the form of an annual payment, or in some other form if tbe two parties interested prefer it. With respect to the amount, the Commission shall take specially into considération —
432 Grande-Bretagne, Portugal.
(1.) The average annnal proceeds of tbe salt-works doring a séries of years, up to ten if ascertainable.
(2.) The average price of sait in the locality and (excluding duty) in the neighbouring districts of British India, diiring the preceding ten jears.
(3.) The damage (if any) caused to the proprietors by the suppression of their salt-works, or by deprivation of the free use of them with respect to other cultivation, or with respect to the exercise of other vested rights of property.
But with regard to salt-works which hâve been suppressed, the Commission shall make a déduction for the proceeds (if any) which the proprietors may gain from the lands if otherwise employed.
The Commission shall add to the sum determined on the above principles fifteen per cent, on the amount thereof. The total shall be the compensation awarded by the Commission to the proprietors.
The compensation so awarded shall be paid to the proprietors, who shall be responsible for the satisfaction of ail just claims of other persons connected with the salt-works.
Provided always, that if the proprietors are dissatisfied with the award of the Commission, they shall be at liberty to hâve recourse to the .ordinary procédure for expropriation established by the local law of Portugal. The amount of compensation so awarded to them by any local tribunal, whether more or less than that awarded by the Commission, shall alone be paid to them accordingly. But in the event of such amount being in ezcess of the amount awarded by the Commission, the différence shall be defrayed by the Government of Portuguese India.
(s.) Hor Britannic Majesty engages also —
(l.) To deliver to the Government of Portuguese India, at the price of manufacture in those possessions respectively , the quantity of sait necessary for the domestic use and consumption of the inhabitants of the varions Portuguese possessions in India.
This quantity shall be calculated annually at the rate of 14 Ibs. per head of the ascertained population.
It is understood that His Most Faithful Majesty reserves to himself the right of causing the said quantity of sait to be sold to consumers at whatever price he may think proper.
(2.) To sell to cultivators at a fair and reasonable price, and free of ail duty, such quantity of inferior sait or sait spontaneously produced as they may bonâ fide require for the cultivation of the cocoanut tree, or for such other cultivation as may need this kind of manure.'
(3.) To supply the markets of Portuguese India, under conditions similar to those which may be from time to time in force in the neighbouring British Indian districts, with the quantity of sait which trade may require.
(4.) To furnish the sait necessary to the fish-salting trade under the most favourable conditions firom time to time accorded to the same industry in British India.
(;.) Ail dififerences arising with regard to the price of sait under
Commerce et extradition. 483
the preceding clauses, (e) and (t), shall be determined by a Mixed Coni'* mission, or in such other manner as maj be mutually agreed upon by the Governments of Bombay and Portuguese India.
Art. XIII. His Most Faithfal Majesty engages to take such measuroA us niay be necessary to insure that the System of excise on spirituous iiquors, including toddy, whether in its fermented or unfermented state, sanctioned by law in the Presidency shall be introduced into, and efféctively maintained in, Portuguese India.
The rates of excise duty levied accordingly in the several Indian possessions of His Most Faithful Majesty shall not, except in so far as may be mutually agi'eed upon between the Governments of Bombay and Portuguese India, be less than those levied for the time being in the British districts nearest to them respectively.
The Government of Bombay shall render cordial assistance to the Government of Portuguese India for the accomplishment of this end, by afifording full information to Portuguese officers who may be deputed to study the British System, or otherwise, as may be in accordance with the wishes of the said Government.
Art. XIV, His Most Faithful Majesty engages, on receipt of a request from Her Britannic Majesty —
(a.) To prohibit the exportation by sea or land of raw opium , or any préparation or admixture of opium, or any intozicating drug made from the poppy.
{h.) To prohibit the cultivation and manufacture of opium except on account of the Government of British India, and under restrictions and limitations similar to those for the time being in force in the Presidency of Bengal, the arrangements in this case being made through the Government of Portuguese India.
Ari, XV. In considération of the stipulations contained in Articles XI, XII, XIII and XIV of this Treaty, Her Britannic Majesty engages to pay annually to His Most Faithful Majesty the sum of four lacs of rupees. The said payment shall be made quarterly, in equal instalments, by the Government of Bombay, within t^en days after présentation to the said Government of bills of exchange drawn upon it by the Government of Portuguese India.
Art. XVI. Whenever it shall be necessary, under the provisions of this Treaty, to appoint a Mixed Commission, the Government of Bombay and the Government of Portuguese India shall each appoint not more than two Commissioners.
It shall be at the discrétion of either Government to delegaie its powers of appointing Commissioners to any officer whom it may think fit, and to cancel such délégation.
In cases of compensation, the Government of Portuguese India, or any officer delegated by it, may invite the proprietors or others interebted
Nouv. Recueil G en. 2' 5, VI . G g
434 Grande-Bretagne, Portugal.
to nominate persons for appointaient as Commissioners on their behalf^ and may appoint such persons, or any of them, accordingly.
In the event of the death, résignation prolongea absence, or incapacity of any Commissioner, the Government appointing him shall forthwith appoint auother Commissioner in his place.
The Commissioners shall, before proceeding to any other business, sélect another person as Président of the Commission.
If they shall be unable to agrée, the sélection shall be made by the majority of votes, and if the votes shall be equal, the Commissioner or Commissioners on behalf of each Government shall name one person, and it shall be decided by lot which of the two persons so named shall be Président.
In the event of the death, résignation, prolonged absence, or incapacity of any Président, another person shall be selected in the same manner to be Président in his stead.
The Président and Commissioners shall then proceed to the investigation of the matters referred to them, and the décision shall, in the event of différence of opinion, be according to the opinion of the majority, and shall be given in writing.
The Commission shaJl be compétent to décide ail questions which may arise regarding the payment of the expenses of the Commission, and may impose the payment thereof upon either of the High Contracting Parties, or upon persons to whom compensation is awarded.
The High Contracting Parties engage, except as otherwise provided in clause (h) of Article XII, to consider the décision as conclusive, and to give Ml effect to it.
Art, XVII, Each of the High Contracting Parties shall appoint one or more delegates for the purpose — |
(a.) Of visiting the Custom-houses in the Indian dominions of the other, and taking note of ail arrangements relating to the import and i export of goods and the collection of duties; and
(b,) Of taking cognizance generally of ail matters of administration I connected with the freedom of commerce, navigation, and transit, and the ( community of interests, established by the présent Treaty. i
The instructions to such delegates shall be framed in concert by the i
Govemments of British India and Portuguese India, on the principle that I
the Government to which they are accredited shall, with fuU sincerity, af- (
ford to them every facility and ail information which concern the objects •
for which they hâve been appointed, and that the delegates, acting in | concert when necessary, shall use their best endeavours to overcome .ail difBculties, and to adjost ail différences of System or opinion in a
manner consistent with the common end and the ties which unité the I
two nations. |
The delegates shall, with the least possible delay, prépare a com- |
Commerce et extradition. 435
plete System of statistics for Portugnese India, affording means of comparison, for the purposes of this Treatj, with the existing British Indian statistics.
Art, XVII T. The High Contracting Parties mutually agrée to adopt in their respective territories suitable measures for the prévention and punishment of smiiggling, or other évasion of the spirit of the arrangements relating to navigation, customs, sait, spirituous liquors and toddj, and opium, effected by this Treaty.
The revenue, magisterial, and police authorities of the Indian dominions of the High Contracting Parties shall cordially co-operate with each other for the maintenance, on the common Unes of traffic and elsewhere, of perfect secnrity of persons and property; and in the pursoit of criminals and persons engaged in smuggling and contraband practices, the said authorities of the one High Contracting Party may cross the frontier and enter the dominions of the other High Contracting Party, provided that in such dominions they shall act in accordance with the local laws and the provisions of this Treaty.
The armed forces of one of the two High Contracting Parties shall not enter the Tndian dominions of the other, except for the purposes specified in former Treaties, or for the rendering of mutual assistance as provided for in the présent Treaty, or except in conséquence of a formai reqnest made by the party desiring such entry to the other.
The exportation of arms, ammunition, or military stores from the Indian dominions of one of ihe High Contracting Parties into those of the other, shall not be permitted, except with the consent of, and under ruies approved of by, the latter. The Govemments of British India and Portuguese India shall co-operate to enforce ail such rules as are herein contemplated.
The Govemor - General of British India will from time to time communicate to the Govemor - General of Portuguese India a list of the Native States to be placed, in respect of arms, ammunition, and military stores upon the same footing as British India.
Art. XIX, The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of crimes committed in the Indian dominions or jurîsdiction of the one party, shall be found in the Indian dominions or jurisdiction of the other party.
The circumstances and conditions under which, and the crimes for which, such persons are to be delivered up shall form the subject of a separate Convention between the Govemors - General of British India and Portuguese India, to be executed at the earliest date possible after the ratification of this Treaty.
0 Such Convention shall hâve the same binding character as the présent Treaty, and shall continue in force for the same period.
Art. XX. The High Contracting Parties engage that Commissions
436 Graféde- Bretagne^ tortugaL
ifisued in criiilinal trials and inqairies, aad in civil suits and proceedings by the judicial tribunaU of the one party, for the examination of persons résident in the dominions of the other, shall be executed according to the provisions of the laws of the dominions where the witness résides.
Art, XXI. The High Contracting Parties engage to recommend to the Législatures of their respective dominions ali such projects of law, and to adopt such other measures as may now or hereafter be necessary for the dne folfilment of the several obligations contracted by them respectively under the provisions of this Treaty.
Art, XXII. The présent Treaty shall corne into force at the expiration of three months after the day of the exchange of ratifications, and shall remain in force for the period of twelve years; and in case neither of the High Contracting Parties shall hâve notified to the other, twelve months before the expiration of the said period of twelve years, its intention to put an end to its opération, the Threaty shall continue in force for another period of twelve years, and so on for successive periods of twelve years, until the expiration of a year coonting from the day on which one or other of the High Contracting Parties shall hâve annoonced its intention to put an end to it.
Art, XXIII, The présent Treaty shall be submitted for the ratification of the High Contracting Powers, and the ratifications shall be exchanged at Lisbon or at London as soon as possible.
In faith whereof the respective Plenipotentiaries hâve signed it, and hâve affixed thereto the seals of their arms.
Done in duplicate at Lisbon, on the twenty-sixth day of December, in the year of onr Lord 1878.
R, B, D. Marier, Joao de Andrcule Corvo.
Commerce et exfrndilion.
Tarif.
Schedule (A.)— Import Tariff.
Names ot* Articles.
Apparel, includiog baberdashery and niillinery, but excluding boots, shoes, and hosiery
Arma, aminnnition, and military stores ~ Pire-arms and parts thereof—
