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The Spanish Consular Agent shall deliver to the master of each vessel, on her leaving a port of Morocco, a certificate of the manifest of the cargo, stating the articles exported. The masters shall present this document to the directors of the Morocco Custom-Houses, when these latter shall request to see it, in order that they may convince themselves, that no articles of contraband have been embarked.
XXXV. No captain of a Spanish vessel in a port of Morocco and no captain of a Morocco vessel in a port of Spain, shall be compelled against his will, to convey passengers or merchandize of any kind, nor shall they be compelled to proceed to any place against their will, and their vessels shall be free from all molestation.
XXXVI. If a subject of the Sultan of Morocco should freight a Spanish vessel to convey merchandize or passengers from one place to another in the Morocco dominions, and if during the course of the voyage she should be forced to put into another port of the said dominions, through stress of weather, or an accident at sea, the captain shall not be obliged to pay anchorage or any other dues, on account of his having entered the said port; but if she should discharge or take in cargo at that port, she shall be treated like any other vessel.
XXXVII. If a Spanish vessel be damaged at sea and enter a port of the Sultan of Morocco, to effect repairs, she shall be admitted and every assistance shall be given to her during her stay on account of repairs, or until she leaves for her destination. If the articles required to repair the vessel be sold in the port, they may be purchased and paid for at the prices given by other vessels, and the vessel shall not be molested or prevented from proceeding on her voyage on any account.
XXXVIII. If a Spanish vessel of war or merchant ship get aground or be wrecked on any part of the coasts of Morocco, she shall be respected and assisted in every way, in conformity with the laws of friendship, and the said vessel and everything in her shall be taken care of and returned to her owners, or to the Spanish Consul-General, Consul, Vice-Consul, Consular Agent or person appointed by them, without deterioration or concealment of any kind. If the wreck should have any articles on board, which the owners may be anxious to sell in Morocco, they shall be at liberty to do so without payment of any duty either for selling or embarking them.
The captain and crew shall be at liberty to proceed to any place they choose and when they like, and no obstacles shall be raised to their so doing.
The vessels of the Sultan of Morocco, or those of his subjects, shall be treated in the same manner in the dominions of Her Catholic Majesty; the said Morocco vessels being considered, in this case, in all that refers to the salvage, as Spanish vessels. If a
Spanish vessel be wrecked at Bad-Nun or on any other part of his coast, the Sultan of Morocco shall make use of his authority to save and protect the master and crew until they return to their country, and the Spanish Consul-General, Consul, Vice-Consul, Consular Agent, or person appointed by them, shall be allowed to collect every information they may require relative to the master and crew of the said vessel in order to save them. The Governors in the service of the Sultan of Morocco, shall likewise assist the Spanish Consul-General, Consul, Vice-Consul, Consular Agent or person appointed by them, in their investigations, according to the laws of friendship.
XXXIX. The charges on Spanish merchaut vessels in the ports of Morocco, for anchorage and port dues, shall be from 20 to 80 reals on each vessel, according to her class and tonnage, and in conformity with the following Tariff of Anchorage and Port Dues.
20 about 48.
„12s. „ „ 150 to upwards .. .. 80 » 168. XL. No dues except such as are imposed on the national vessels, or on those belonging to the most favoured nation, shall be levied in the ports of Morocco on Spanish ships for pilotage, harbourmaster's dues, &c. These dues can never in any case exceed the under-mentioned : Obligatory Pilotage at Rabbat and Larache.
Centimes of a Real. For each ton on vessels entering the port .. 80 (about 2d.) On their leaving .. .. .. .. 80 ( 2d.) Pilotage at the discretion of Captains in the Ports of Morocco.
Centimes of a Real. For each ton on vessels entering the port .. 40 (about 1d.) On their leaving .. .. .. .. 40 ( 1d.)
The harbour-master's dues shall not exceed eight reals vellon (about 1s. 6d.) per vessel of any size.
The above dues, and all others, shall be the same in all the ports of the Empire.
XLI. Spanish vessels which put into port through stress of weather, and which do not enter into any commercial transaction, shall be exempted from the payment of all kinds of anchorage and harbour-master's dues, but are subject as to pilotage to the above mentioned regulations.
Fishing boats shall be exempted from all kinds of dues.
pay nothing in the ports of the other for anchorage and harbourmaster's dues, nor others of any kind for the provisions, water, wood, coals, and fresh provisions which they may require.
XLIII. It having been found from experience that the want of lights on the northern coasts of Morocco, exposes navigation and commerce to serious risk and loss, and His Majesty the Sultan of Morocco being desirous of contributing to the security of the former and extension of the latter, in so far as lies in his power, engages to construct a light-house on Cape Espartel, and to attend to its lighting and preservation.
XLIV. There shall be reciprocal free trade between the dominions of Her Catholic Majesty and those of the Sultan of Morocco.
Her Catholic Majesty's subjects may trade in any part of the territory of Morocco in which natives of other foreign countries are admitted, or shall be hereafter admitted.
Spanish subjects may purchase or sell either wholesale or retail, all articles which are not probibited, in all parts of the Empire of Morocco, and their interests shall not be injured by any exclusive monopoly, contract, or privilege of purchase or sale. They shall also enjoy all the rights, prerogatives, and commercial advantages which may hereafter be conceded to the subjects or citizens of the most favoured nation.
The subjects of the Sultan of Morocco shall also enjoy in Spain, the same privileges and protection as are at present enjoyed, or as may hereafter be conceded to the subjects or citizens of the most favoured nation.
XLV. The subjects of Her Catholic Majesty and those of His Majesty the Sultan of Morocco shall enjoy perfect freedom of communication with the fortresses of Ceuta and Melilla and their neighbourhood, and may purchase and sell by retail all provisions and goods the importation and exportation of which are not prohibited in the Empire of Morocco. The authorities and officials of the Sultan of Morocco, and those of the said fortresses of Ceuta and Melilla, shall protect the subjects of the two Sovereigns in the exercise of this right.
XLVI. With the exception of the duty on exports mentioned in Article L, no Custom-House, transit, or other duty, shall, under any pretext, or by any person, be charged in the territory of Morocco, upon merchandize or productions purchased for or in the name of a Spanish subject for esportation ; and the said merchandize or productions shall be conveyed from any part of Morocco to the ports and embarked free of duty and exempt from Custom-House, transit, or other charges. No pass or similar document shall be required in order to bring them into and embark them in the ports of Morocco, nor shall any official or subject of the Sultan of Morocco prevent or
raise obstacles to the conveyance or embarkation of the said merchandize or productions (except to that of articles the exportation of which shall have been prohibited by the Sultan of Morocco), nor shall any money be levied on the said merchandize under any pretext, and in case any official or subject of the Sultan of Morocco shall act in contravention of this stipulation, his Sovereign shall immediately punish him severely and do full justice to the Spanish subjects, indemnifying them for all damages and losses they may have suffered and can prove.
XLVII. Spanish merchants in Morocco shall have the free direction of their own affairs, or may put them into the hands of brokers or agents appointed by themselves, and they shall not be interfered with, nor shall obstacles be raised to the free choice of the persons to fulfil this charge. Nor shall they be obliged to pay a salary or remuneration to persons whom they may not have chosen to appoint for such duties. Subjects of the Sultan of Morocco who may perform these duties, shall be treated and considered as the rest of the subjects of Morocco.
The buyer and seller shall be free to transact their business together, and no intervention whatsoever shall be allowed on the part of the Morocco officials. If any Governor or other functionary should interfere in transactions between Spanish subjects and the natives of Morocco, or should place any impediment in the way of legal purchase and sale in the dominions of the Sultan of Morocco, of goods or merchandize either imported or exported, His Majesty of Morocco will severely punish the said Governor or official.
XLVIII. Although His Majesty of Morocco may have some good reason for prohibiting the exportation of grain from his dominions, or that of any other class of commercial goods or effects, he shall not prevent Spaniards from embarking in the ports of Morocco, those they may have in store or may have purchased previous to the prohibition (even if still in the possession of His Majesty of Morocco's subjects), just as if, in fact, the said prohibition had not been made, and without the least molestation or prejudice to their interests.
The same practice shall be observed in Spain, in similar cases, with regard to natives of Morocco.
XLIX. The merchandize and produce imported into ports of Morocco by Spanish subjects, from any place or country, shall not be prohibited in the territory of the Sultan of Morocco, por pay a higher duty, from the date of this Trealy, than that paid on similar goods or produce by the subjects of any other foreign Power or by natives of the country.
All the productions of Morocco may be exported by Spanish subjects from the ports of Morocco, with the same advantages as are enjoyed by the natives or by subjects of any other country.
L. In order to afford greater facilities to the commerce between Spain and Morocco, His Majesty the Sultan of Morocco engages by the present (Treaty) that the duties to be levied on articles imported into his dominions by Spanish subjects, shall not exceed 10 per cent. on their value at the place where they are landed; and that the duties to be levied on articles exported from Morocco by Spanish subjects, shall not exceed the amounts specified in the following
Tariff of Exportation.
30 12 40 35 12 10 20 50 20 15 120 16 80 55 36
"zawani,” and pigs' hides
* The value of the Spanish dollar at the par of exchange of 100 reals per pound sterling is 4 shillings.-(Note of Translator.)
† The present value of the coin known as an "ounce” in Morocco, is of 22 maravedis, or about 2 pence sterling.---(Ibid.)