I.

HER Majesty the Queen of the United Kingdom of Great Britain and Ireland and his Excellency the President of the French Republic, being equally animated with the desire to draw closer the ties of friendship which unite their two countries, and being desirous of placing on a permanent and satisfactory footing the commercial relations between the two States, have determined to conclude a Treaty of Commerce and Navigation, which shall be substituted for the Treaty and Conventions of the 23rd of January and 12th of October and 16th of November, 1860, and they have accordingly appoint. ed as their respective Plenipotentiaries for that purpose; that is to say, &c. :

ARTICLE I.

The subjects of her Britannic Majesty who dwell either temporarily or permanently in France and in French Possessions, and the subjects of France who dwell either temporarily or permanently in the dominions or possessions of her Britannic Majesty, shall enjoy therein, in respect to their residence in the terri tories of the other State and the exercise of commerce and trades, the same rights as, and be subjected to no higher or other taxes than, native subjects or the subjects of any third country the most favoured in those respects.

ARTICLE II.

The President of the French Republic having represented to her Majesty the Queen of the United Kingdom of Great Britain and Ireland that the financial necessities of France imperatively require

the imposition of new taxes in that country, and the modification for that purpose of the stipulations in regard to Tariffs of the Treaty of the 23rd of January, 1860, and of the Supplementary Conventions of the 12th of October and 16th of November of the same year, her Majesty, in a spirit of friendship towards France, consents to such modification subject to the conditions specified either in this or in other Articles of the present Treaty.

The High Contracting Parties guarantee to each other the treatment of the mostfavoured nation: that is to say, from the 1st of December, 1872, no duties shall be imposed either in France or in Algeria on goods the produce or manufacture of the United Kingdom or of British Possessions higher than the duties imposed on the like goods the produce or manufacture of any other foreign country, whether within or beyond Europe; and no duties shall be imposed in the United Kingdom on goods the produce or manufacture of France or French Possessions higher than the duties imposed on the like goods the produce or manufacture of any other foreign country, whether within or beyond Europe; and any favour, immunity, privilege, or reduction of duty whatsoever (other than those in regard to which a special exception is hereinafter made) in matters relating to the commerce of the United Kingdom or of France and Algeria respectively, which has been, or may be, conceded by either Party to any third Power whatsoever, whether within or beyond Europe, shall be extended, immediately and unconditionally, to the other Contracting Party.

It is agreed, however, that, from the 1st of December next, if the ratifications of the present Treaty and the Protocol annexed thereto shall have been exchanged before that date, and if not, from the date of such ratifications being exchanged, the duties specified in Annex I. may be levied until the 31st of December, 1876, on goods the produce or manufacture of the United Kingdom, or of British Possessions imported into France or Algeria.

It is also agreeed between the High Contracting Powers

1st. That, as long as the Treaties concluded by France with other Powers shall not be modified, these duties shall, during the above-mentioned period, be the maximum duties which may be levied on goods the produce or manufacture of the United Kingdom or of British Possessions on their importation into France or Algeria.

2nd. That the difference, as against such goods, of the duties therein specified shall not be increased relatively to the duties on the like goods now levied under Treaties existing between France and any third Power.

3rd. That, except as specially provided in the third paragraph of this Article, the Tariffs annexed to the Treaty and Conventions of 1860 above-mentioned, shall remain in force until the 15th of March, 1873.

4th. That

any reduction of duties which has been or may hereafter be granted by France to any third Power, whether within or beyond Europe, shall be immediately and unconditionally extended to Great Britain; and, reciprocally, that any reduction of duties which has been or may hereafter be granted by Great Britain to any third Power, whether within or beyond Europe, shall be immediately and unconditionally extended to France; and that no increase shall be made by Great Britain in the duties imposed by the Tariff now in force in the United Kingdom, of which a copy forms Annex II. to the present Treaty, upon goods the produce or manufacture of France or of any French Possession which shall not equally be made with respect to goods of the same nature the produce or manufacture of any other country.

5th. That hereafter British ships and their cargoes shall, in France and Algeria, and French ships and their cargoes shall, in the United Kingdom of Great Britain and Ireland, from whatever place arrivr, and whatever may be the places of

or destination of their cargoes, be d in every respect as national ships eir cargoes.

The coasting trade, however, is excepted from the preceding stipulation, and remains subject to the respective laws of the two countries.

ARTICLE III.

The transit of goods to and from the United Kingdom shall be free from all transit duties in France and Algeria, and the transit of goods to and from France and Algeria shall be free from all transit duties in the United Kingdom.

ARTICLE IV.

No prohibition of importation or exportation shall be established by either of the High Contracting Powers against the other, which shall not at the same time be applicable to all other foreign nations whatsoever except, however, temporary prohibitions or restrictions which either Government may think it necessary to impose in regard to contraband of war or for sanitary purposes.

ARTICLE V.

If one of the High Contracting Powers shall impose an excise tax or inland duty upon any article of home production or manufacture, an equivalent compensatory duty may be imposed on articles of the same description on their importation from the territories of the other Power, provided that the said equivalent duty is levied on the like articles on their all importation from other foreign countries.

But no compensatory duty shall be leviable in respect of a Customs duty on raw materials or other produce or goods imported from abroad.

In the event of the reduction or abolition of any such excise tax or inland duty, a reduction corresponding in amount shall at the same time be made in the equivalent compensatory import duty on manufactures.

ARTICLE VI.

Duties ad valorem payable in France or Algeria shall be calculated on the value at the place of production or fabrication of the article imported, with the addition of the cost of transport, insurance, and commission necessary for the importation into France or Algeria as far as the port of discharge.

For the levying of these duties, the importer shall make a written declaration at

the Custom-house, stating the value and description of the goods. If the Customhouse authorities shall be of opinion that the declared value is insufficient, they shall be at liberty to take the goods on paying to the importer the price declared with an addition of five per cent.

This payment, together with the restitution of any duty which may have been levied upon such goods, shall be made within the fifteen days next following the declaration.

ARTICLE VII.

The French Government shall have the power to designate certain Custom-houses exclusive for the admission of goods taxed ad valorem, the valuation of which may appear to them to present difficulties.

ARTICLE VIII.

The importer, against whom the French Customs may desire to exercise the right of pre-emption stipulated in Article VI., may, if he prefers to do so, demand a valuation of his goods by experts.

The same demand may be made by the French Customs when they may not think fit to have immediate recourse to pre-emption.

Should the French Customs decline to exercise their right of pre-emption, they shall authorize the immediate surrender of the goods to the importer, on the express condition that the said importer shall offer adequate security for the payment of the duties and fines which might result from the valuation by experts, for which valuation the Customs shall retain the necessary samples.

ARTICLE IX.

If the result of such valuation by experts should prove that the value of the goods is not five cent. above that which has been declared by the importer, the duty shall be levied upon the value so declared.

If the proved value is five per cent. or more above the value declared, the French Customs Authorities shall be entitled, at their choice, either to exercise the right of pre-emption or to levy the duty on the value determined by the experts.

This duty shall be increased by fifty per cent. as a fine, if the valuation of the experts is ten per cent. or more above the declared value.

If the value, as determined by the experts, exceeds the declared value by five per cent. or more, the costs of the

valuation by the experts shall be defrayed by the declarant. In all other cases they shall be defrayed by the French Customs Authorities.

In case of any dispute arising between the importer and the French Customs Authorities as to the class or denomina

tion under which any goods may be chargeable with duty, such dispute shall be referred to and be decided by experts, if the importer is dissatisfied with the decision of the Customs.

In all cases of dispute the declarant shall have the option, if he thinks fit, to remove the valuation by experts from an outport to Paris. The desire for such removal must be signified before the inquiry by experts at the outport begins.

ARTICLE X.

In the cases contemplated by Articles VIII. and IX., two experts shall be named, one by the declarant or his agent, the other by the local Chief of the Customs Service at the place where the inquiry is to take place. If there be difference of opinion between them, or if at the time of appointing the experts the declarant shall require it, the experts shall choose an Umpire. In default of agreement, such Umpire shall be appointed by the President of the Tribunal of Commerce at the port of importation, or, in his default, by the President of the Tribunal of Commerce at the nearest place. The declarant, as well as the Customs Authorities, may demand that, instead of being made in the above-mentioned manner, the inquiry shall be carried out at Paris by the Board of Legal Expertise appointed to be held at the Ministry of Agriculture and Commerce by Article 19 of the Law of the 27th July, 1822.

Such option must be declared within twenty-four hours of the notification of pre-emption or of the demand for an inquiry by experts.

The experts which the above-mentioned Board shall associate with themselves to report on the matters submitted to them, must be chosen from the list annually prepared by the President of the Chamber of Commerce of Paris.

The decision of the experts shall be given within eight days if the inquiry takes place at the place of arrival, and, if the settlement is referred to the Board of Legal Expertise at Paris, it shall be given within fifteen days.

ARTICLE XI.

In order to establish the fact that go are the produce or manufacture

United Kingdom or British Possessions, the importer may, if he shall think fit, present at the French Custom-house a certificate of origin which shall be either an official declaration made before a magistrate exercising jurisdiction at the place of despatch, or a certificate granted by the chief officer of the Customs at the port of embarkation, or a certificate granted by the Consul or Consular Agent of France at the place of despatch or at the port of embarkation.

The signature of the British authority shall be certified by the Consul or Consular Agent of France, if any, residing in the place or Possession from which the goods are despatched or shipped; and if in the case of a British Possession there is no such Consul or Consular Agent, then by the Officer administering the Government of such Possession.

ARTICLE XII.

The importer of machines and mechanical instruments, whether complete or in detached pieces, or of other articles the produce or manufacture of the United Kingdom or British Possessions, shall be exempt from any obligation of producing at the French Customs any models or drawings of such articles.

ARTICLE XIII.

The importer of any goods the produce or manufacture of the United Kingdom or British Possessions, taxed ad valorem, may, if he shall think fit, attach to the declaration verifying the value of such goods, and to the certificate of origin an invoice emanating from the manufacturer or from the seller, which shall show the price actually charged to him for such goods.

ARTICLE XIV.

When goods upon which an ad valorem duty is levied have been previously warehoused, the duty shall be levied according to the value of those goods at the time of their actual importation into France or Algeria.

ARTICLE XV.

Independently of the duties of Customs, articles of goldsmith's work and of jewellery of the manufacture of either country in gold, silver, platina, or other metals, imported into the other, shall be subject to the system of control established in the country of importation for similar

articles of domestic manufacture, and shall pay, if required, on the same basis as national articles, the duties of marking and guarantee.

The above stipulations shall be applicable to fire-arms, anchors, chain cables, and all other articles over which similar control is or may be exercised.

ARTICLE XVI.

The subjects of each of the two High Contracting Powers shall, in the dominions of the other, enjoy the same protection and be subject to the same con ditions as native subjects in regard to the rights of property in trade marks and other distinctive marks showing the origin or quality of goods, as well as in patterns and designs for manufactures.

ARTICLE XVII.

Articles liable to duty serving as patterns or samples, which shall be introduced into the United Kingdom by French commercial travellers or into France and Algeria by commercial travellers of the United Kingdom, shall be admitted free of duty, subject to the following formalities requisite to insure their being re-exported or placed in bond:

1. The officers of Customs at any port or place at which the patterns and samples may be imported shall ascertain the amount of duty chargeable thereon. That amount must either be deposited by the commercial traveller at the Custom-house in money, or ample security must be given for it.

2. For the purpose of identification each separate pattern or sample shall, as far as possible, be marked by the affixing of a stamp or by means of a seal being attached to it.

3. A permit or certificate shall be given to the importer which shall contain

(a.) A list of the patterns or samples imported, specifying the nature of the goods and also such particular marks as may be proper for the purpose of identification ;

(b.) A statement of the duty chargeable on the patterns or samples, as also whether the amount was deposited in money or whether security was given for it;

(c.) A statement showing the manner in which the patterns or samples were marked;

(d.) The appointment of a period, which at the utmost must not exceed twelve

months, at the expiration of which, unless it is proved that the patterns or samples have been previously re-exported or placed in bond, the amount of duty deposited will be carried to the public account or the amount recovered under the security given.

No charge shall be made to the importer for the above permit or certificate or for marking for identification.

4. Patterns or samples may be reexported through the Custom-house through which they were imported, or through any other.

5. If, before the expiration of the appointed time (paragraph 3, d), the patterns or samples should be presented at the Custom-house of any port or place for the purpose of re-exportation or being placed in bond, the officers at such port or place must satisfy themselves by examination whether the articles which are brought to them are the same as those for which the permit of entry was granted. If so satisfied, the officers will certify the re-exportation or deposit in bond, and will refund the duty which had been deposited, or will take the necessary steps for discharging the security.

ARTICLE XVIII.

Each of the High Contracting Parties may appoint Consuls-General, Consuls, Vice-Consuls and Consular Agents to reside in the towns and ports of the dominions and possessions of the other, where, in accordance with established practice, such Consular Officers are allowed to reside. Such Consuls-General, Consuls, Vice-Consuls and Consular Agents, however, shall not enter upon their functions until after they shall have been approved and admitted, in the usual form, by the Government to which they are sent. They shall, within their Consular district, be allowed to exercise whatever functions, and shall enjoy whatever privileges, exemptions and immunities, are or shall be granted to Consuls or Officers of the same rank of the most favoured nation at the place where they are appointed to reside.

ARTICLE XIX.

The Consuls-General, Consuls, ViceConsuls and Consular Agents of each of the Contracting Parties residing in the dominions and possessions of the other shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries.

ARTICLE XX.

The High Contracting Parties reserve to themselves the power of levying from the subjects of the other landing or shipping dues, in order to pay the expenses of all necessary establishments at the ports of importation and exportation.

Such dues, however, shall not be higher or other than those levied on national goods, cargoes, or shipping.

In all that relates to local treatment, Customs formalities, brokerage, warehousing, re-exportation, dues and charges in the ports, basins, docks, roadsteads, harbours and rivers of the two countries, the privileges, favours, or advantages which are or shall be granted to national vessels generally, or to the goods imported or exported in them, shall be equally granted to the vessels of the other country, and to the goods imported or exported in them, excepting always the coasting trade.

ARTICLE XXI.

The High Contracting Parties agree to appoint a Commission, which shall consist of one member on the part of each Government to meet at Paris within ten days after the signature of the present Treaty, to discuss certain questions connected with the duties to be levied under Annex I., which questions are not yet settled between the two Governments. The result of this examination shall form the subject of a Report, which the Commissioners shall address to their respective Governments. They further agree to refer to the same Commission the settlement of certain other questions, as provided for in a separate Protocol, which shall be anexed to the present Treaty, and shall be included in the ratification thereof.

The Commission shall finish its labours within three months, if possible, but its duration may be prolonged by agreement between the High Contracting Parties for any period or periods not exceeding six mouths longer.

ARTICLE XXII.

The provisions in regard to Tariffs contained in Article II. of the present Treaty shall remain in force till the 1st day of January, 1877, and the provisions in regard to navigation contained in the same Article shall remain in force until the 15th of July, 1879, and thenceforth until terminated in the manner mentioned in this Article.

The High Contracting Parties,