of the other, shall be at liberty to open retail stores and shops, under the same municipal and police regulations as native subjects; and they shall not, in this respect, be liable to any other or higher taxes or imposts than those which are or may be paid by native subjects.

IV. There shall be reciprocal liberty of commerce and navigation between the subjects of the two High Contracting Parties: and the subjects of the two sovereigns respectively shall not pay in the ports, harbours, roads, cities, towns, or places whatsoever in either kingdom, any other or higher duties, taxes, rates, or imposts, under whatsoever names designated or included, than those which are there paid by the subjects or citizens of the most favoured nation.

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No duty of customs or other impost shall be charged upon any goods, the produce of the one country, upon importation by sea or by land from that country into the other, higher than the duty or impost charged upon goods of the same kind, the produce of and imported from any other country; and no duty, restriction, or prohibition shall be imposed upon importation and exportation from one country to the other, of the goods and produce of each, which shall not be imposed upon goods of the same kind, when imported from or exported to any other country: and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and her Majesty the Queen of Portugal, do hereby bind and engage themselves, their heirs, and successors, not to grant any favour, privilege, or immunity, in matters of commerce and navigation, to the subjects or citizens of any other state, which shall not also, and at the same time, be extended to the subjects of the other High Contracting Party, gratuitously, if the concession in favour of that other state shall have been gratuitous, and on giving, as nearly as possible, the same compensation or equivalent, if the concession shall have been conditional.

V. No duties of tonnage, and no harbour, lighthouse, pilotage, quarantine, or other similar or corresponding duties, of whatever nature, or under whatever denomination, shall be imposed in either country upon the vessels of the other, in respect of voyages between the two countries, if laden: or in respect of any voyage, if in ballast, which shall not be equally imposed, in the like cases, on national vessels.

VI. All goods, the growth, produce, or manufacture of their respective possessions, which can legally be imported into either country from the other, in ships of that other country, shall, when so imported, be subject to the same duties, whether they be imported in ships of the one country or in ships of the other: and in like manner, all goods which can legally be exported from either country to the other, in ships of that other country, shall, when so exported, be subject to the same duties, and be entitled to the same drawbacks, bounties, and allowances, whether they be exported in ships of the one country or in ships of the other.

VII. In order to promote and encourage the commercial intercourse between the dominions of the High Contracting Parties, for the mutual benefit of their respective subjects, her Britannic Majesty and her Most Faithful Majesty agree to take into consideration the duties now levied upon articles the produce or manufacture of either country, with a view to make such reductions in those duties, as may be consistent with the interests of the High Contracting Parties respectively.

This matter shall without delay be made the subject of a special negotiation between the two governments.

VIII. British ships shall be allowed to proceed direct from any port of her Britannic Majesty's dominions to any colony of her Most Faithful Majesty, and to import into such colony any goods, the growth, produce, or manufacture of the United Kingdom, or of any of the British dominions, except such goods as are prohibited to be imported into such colony, or which are admitted into it only from the dominions of her Most Faithful Majesty: and such British ships, and such goods so imported in them, shall be liable, in such colony of her Most Faithful Majesty, to no higher or other duties and charges, than would be there payable on Portuguese ships importing the like sorts of goods, or on the like goods, the growth, produce, or manufacture of any foreign country, and allowed to be imported into the said colony in Portuguese ships.

In like manner, Portuguese ships shall be allowed to proceed direct from any port of her Most Faithful Majesty's dominions to any colony of her Britannic Majesty, and to im

port into such colony any goods the growth, produce, or manufacture of Portugal, or of any of the Portuguese dominions, except such goods as are prohibited to be imported into such colony, or which are admitted into it only from the dominions of her Britannic Majesty: and such Portuguese ships, and such goods so imported in them, shall be liable, in such colony of her Britannic Majesty, to no higher or other duties and charges, than would be there payable on British ships importing the like sorts of goods, or on the like goods, the growth, produce, or manufacture of any foreign country, and allowed to be imported into the said colony in British ships.

IX. British ships shall be allowed to export from any colony of her Most Faithful Majesty to any place not under the dominion of her said Majesty, any goods not generally prohibited to be exported from such colony; and such British ships, and such goods so exported in them, shall be liable, in such colony, to no other or higher charges than would be payable by, and shall be entitled to the same drawbacks or bounties as would be there allowable on, Portuguese ships exporting such goods, or on such goods exported in Portuguese ships.

In like manner, Portuguese ships shall be allowed to export from any colony of her Britannic Majesty to any place not under the dominion of her said majesty, any goods not generally prohibited to be exported from such colony: and such Portuguese ships, and such goods so exported in them, shall be liable, in such colony, to no other or higher charges than would be payable by, and shall be entitled to the same drawbacks or bounties as would be there allowable on, British ships exporting such goods, or on such goods exported in British ships.

X. It is hereby declared that the stipulations of the present treaty are not to be understood as applying to the navigation and carrying trade between one port and another, situated in the dominions of either contracting party, if such navigation and trade should in those dominions be reserved by law exclusively to national vessels. Vessels of either country shall, however, be permitted to discharge part of their cargoes at one port in the dominions of either of the High Contracting Parties, and then to proceed, with the remainder of their cargo, to any other port or ports in the same dominions, without paying any higher or other duties in such cases, than national vessels would pay in like circumstances; and they shall be permitted to lade, in like manner, at different ports in the same voyage outwards.

XI. The reciprocal liberty of commerce and navigation declared and stipulated for by the present treaty, shall not extend to contraband or war, or to articles the property of the enemies of either party.

The power granted by former treaties to carry, in the ships of either country, goods and merchandize of any description whatever, the property of the enemies of the other country, is now mutually renounced.

XII. In all cases in which, in either kingdom, the duty to be levied upon any goods imported from the other kingdom shall be not a fixed rate, but a proportion of the value of the goods, such ad valorem duty shall be ascertained and secured in the following manner; that is to say, the importer shall, on making his entry for the payment of duty at the custom-house, sign a declaration, stating the description and value of the goods at such amount as he shall deem proper; and in case the officer or officers of the customs shall be of opinion that such valuation is insufficient, he or they shall be at liberty to take the goods, on paying to the importer the value thereof according to the declaration of the importer, together with an addition of ten per cent; and the custom-house officer shall at the same time return to the importer any duty which the importer may have paid upon such goods; and the amount of these sums shall be paid to the importer on the delivery of the goods to the said officer or officers, which must not be later than fifteen days from the first detention of the goods.

XIII. Inasmuch as all merchandize, of whatever origin, whether admissible for home consumption or not, may be received and warehoused in all those ports of the United Kingdom of Great Britain and Ireland which are by law appointed to be warehousing ports for such articles, pending the entry of the same, either for home consumption or for re-exportation, as the case may be, under the regulations appointed for this purpose, and without such articles being liable, in the meantime, to the payment of any of the duties with which they would be charged, if upon arrival they were entered for consumption within the United Kingdom;

In like manner the Queen of Portugal consents and agrees that the ports of her Most Faithful Majesty's dominions, which now are, or which shall hereafter become by law, warehousing ports, shall be free ports for receiving and warehousing, either for home consumption or for re-exportation, as the case may be, all merchandize imported in British ships, and all articles whatever, the produce or manufacture of the British dominions imported by Portuguese ships; and the articles thus received and warehoused, subject to due regulations, shall not be liable, in the meantime, to any of the duties with which they would be charged, if they were entered for consumption on their arrival in the dominions of her Most Faithful Majesty.

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 on 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.

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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 transhipment or the sale for home consumption, 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 custom-house 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 the nation to which the vessel belongs.

XV. Her Majesty the Queen of Portugal engages that the commerce of British subjects within the Portuguese dominions shall not be restrained, interrupted, or otherwise affected by the operation of any monopoly, contract, or exclusive privilege of sale or purchase whatsoever; but that the subjects of the United Kingdom shall have free and unrestrained per

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mission to buy from and sell to whomsoever they please, and in whatever form and manner may be agreed upon between the purchaser and seller, without being obliged to give any preference or favour in consequence of any such monopoly, contract, or exclusive privilege of sale and purchase. And her Britannic Majesty engages that a like exemption from restraint, in respect to purchases or sales, shall be enjoyed by the subjects of her Most Faithful Majesty trading to or residing in the United Kingdom. But it is distinctly to be understood, that the present article shall not be interpreted as affecting the special regulations now in force, or which may hereafter be enacted, with a view solely to the encouragement and amelioration of the Douro wine trade, (it being always understood that British subjects shall in respect of the said trade be placed on the same footing as Portuguese subjects,) or with regard to the exportation of the salt of St. Ubes.

This article does not invalidate the exclusive right possessed by the Crown of Portugal, within its own dominions, to farm for the sale of ivory, urzela, gold dust, soap, gunpowder, and tobacco, for home consumption; provided, however, that should the above-mentioned articles, generally or separately, ever become articles of free commerce within the dominions of her Most Faithful Majesty, the subjects of her Britannic Majesty shall be permitted to traffic in them as freely and on the same footing as the subjects or citizens of the most favoured nation. XVI. It is agreed and covenanted that neither of the High Contracting Parties shall knowingly receive into, or retain in its service, any subjects of the other party who have deserted from the naval or military service of that other party, but that, on the contrary, each of the Contracting Parties shall respectively discharge from its service any such deserters upon being required by the other party to do so.

It is further agreed and declared, that if either of the High Contracting parties shall grant to any state any new favour or facility, with respect to the recovery of deserters, such favour or facility shall be considered as granted also to the other Contracting Party, in the same manner as if the said favour or facility had been expressly stipulated by the present treaty.

And 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.

XVII. Her Britannic Majesty, on the representation of her Most Faithful Majesty, and in contemplation of the improving system of law and justice in Portugal, hereby consents to give up the exercise of the rights connected with the Conservatorial Court, so soon, and so long, as British subjects are admitted in Portugal to the benefit of securities similar or equivalent to those enjoyed by the subjects of her Most Faithful Majesty in Great Britain, as regards trial by jury, protection from arrest without a warrant from a magistrate, and examination within twenty-four hours after apprehension in flagrante delicto, and admission to bail. It being always understood, that in other respects the subjects of her Britannic Majesty in Portugal shall be placed on the same footing as Portuguese subjects, in all causes, whether civil or criminal; and that they shall not, except in cases flagrantis delicti, be liable to imprisonment without formal commitment (culpa formada) under a warrant signed by a legal authority.

XVIII. It is hereby agreed that her Britannic Majesty, relying upon the guarantees which are, or may be, afforded to British subjects by the law of Portugal under the present constitutional system, henceforward claims for British subjects in Portugal no privileges which are not enjoyed by Portuguese subjects in the Portuguese or British dominions. It being however understood, that her Britannic Majesty will be entitled, in the event (which God forbid) of political troubles affecting the operation of the above-mentioned guarantees, to claim the re-establishment and observance of the privileges surrendered by the present and preceding article.

XIX. The present treaty shall be in force for the term of ten years from the date hereof; and further, until the end of twelve months after either High Contracting Parties shall have given notice to the other of its intention to terminate the same: each of the

High Contracting Parties reserving to itself the right of giving such notice to the other at the end of the said term of ten years, or at any subsequent time.

And it is hereby agreed between them that, at the expiration of twelve months after such notice shall have been received by either party from the other, this treaty, and all the provisions thereof, shall altogether cease and determine.

It is agreed, nevertheless, that either of the Two High Contracting Parties shall have the right, at the end of five years, to require a revision of any articles not affecting the principle of the treaty, on giving six months notice of a desire to make such revision; provided, however, that it be distinctly understood that the power of giving such notice shall not extend beyond, nor be recognised after, the termination of the fifth year.

XX. The present treaty shall be ratified, and the ratifications shall be exchanged at Lisbon at the expiration of two months from the date of its signature, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Lisbon, the 3d day of July, in the Year of our Lord, 1842.

DECREE PROMULGATING THE NEW PORTUGUESE TARIFF.

ART. I. The general customs' tariff is modified conformably with the instructions, regulations, and tables hereunto annexed, which shall form part of this law.

II. The modifications hereby made, shall come into operation three months after the publication of the new pauta; of valuations of those articles which, from their peculiar nature, it may be found necessary to except.

III. The regulations of this law shall not affect the legislative enactments of the islands of Madeira and Porto Santo, as regards wine, brandy, corn, and grain; such local regulations shall still remain in operation.

IV. The dispositions of the law of the 25th July, 1839, relative to lac, and lac-dye, indigo and dyestuffs, the produce of Asia, applicable to medicine and the arts, are hereby extended.

V. The government shall cause to be printed and published, a new edition of the general tariff, comprising the alterations alluded to by Article I., of this law.

VI. All enactments contrary to the spirit of this ordinance, are hereby annulled and revoked. We recommend all the authorities charged with the due execution of this law, &c. Done at the Palace of Necessidades, the 11th of March, 1841.

By the Queen (com Rubrica e Guarda.)
Manuel Gonçalves de Miranda.

The decree, similar to the above, for carrying into effect the new and amended pauta in pursuance of Article V. of the above ordinance, is dated the 20th March, 1841.

PORTUGUESE CUSTOMS' REGULATIONS.

These customs' regulations extend to all the custom-houses of Portugal, and also to those of the Azores, and the adjacent Islands. These custom-houses may pass all descriptions of goods, &c., merchandize contained in the tariff, with the exception of those which follow, being of foreign production or manufacture; viz., cotton, woollen, silk, and linen manufactures, tea, wines, and spirituous or fermented liquors, vinegar, corn and grain, vegetables, olive oil, and jewellery; which can only be entered, either for consumption or being warehoused at the custom-houses at Lisbon and Oporto in Portugal, at that at Angra in the island of Terceira, at Ponta Delgada, in St. Michael's or at Funchal in Madeira.

ART. II. The rates of duty specified in the tariff have reference only to the import and export duties upon foreign goods and merchandize, and also upon certain articles therein. named, being the produce or manufacture of the Portuguese possessions in the Archipelago of the Azores and the adjacent islands; all other merchandize, &c. of the Portuguese possessions not enumerated in this tariff, is admitted free.

III. Spirituous liquors, silk goods, and other merchandize, entered in contravention of the restrictions and prohibitions contained in the tariff, shall be seized, even although the proprietors or consignees may be liable to other penalties.

IV. All duties and charges under the denomination of (sellos, taras, pranches), or of