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If the Sultan of Morocco in virtue of his right should prohibit the exportation of any articles and afterwards revoke the prohibition, the duties established by this tariff shall not be altered.
With respect to wheat and barley, if the Sultan of Morocco should think proper to prohibit their exportation, but at the same time wish to sell to the merchants the grain belonging to the Government, he shall do so with all the conditions and advantages enjoyed by the most favoured nation.
If the Sultan of Morocco should wish to reduce the duty on articles of exportation, he can do so, and Spanish subjects shall in this case pay the lowest amount of duty paid by natives of the country or by foreigners.
Morocco subjects shall pay in Spain, on merchandize belonging to them, the importation and exportation of which is legal, the same duties as are paid by subjects of the most favoured nation.
LI. His Majesty the Sultan of Morocco being desirous, in fulfil. ment of the stipulations of Article XV of the Treaty of Peace signed in Tetuan on the 26th of April, 1860, to facilitate in so far as possible, the extraction of timber for the use of Her Catholic Majesty's dockyards, agrees to concede to Spanish subjects, especially authorized for the purpose by their Sovereign, the right to cut timber in the forests of his dominions, where it can be done without compromising the security of the country, or of the persons employed to do it; erecting for the purpose the huts, coverings, and inclosures indispensable to protect them from the weather, to keep their tools and store the wood cut; and they shall enjoy complete freedom and be protected by the native authorities.
The contract between the Government of Morocco and Her Catholic Majesty's subjects charged with cutting this timber, to determine the price and conditions of the work, shall be made through the intervention of the representative of Spain in Morocco, and he shall see that both parties attend to the exact fulfilment of their agreement. All differences which inay arise shall be settled in final resort by mutual agreement between the respective Governments.
The duty on the exportation of wood for Her Catholic Majesty's. arsenals shall not exceed 240 reals vellon per 100 planks, as heretofore.
LII. If a Spanish subject, or his agent, should wish to convey by sea, from one port to another of the Sultan of Morocco's dominions, merchandize on which the duty of 10 per cent. has already been paid, it shall not be subject to the payment of other duties either at its embarkation or landing, provided it be accompanied by a certificate from the Morocco Custom-House.
LIII. All articles produced or manufactured in Morocco, and purchased by a Spanish merchant or his agents, with the intention (1862–63. LIII.]
of exporting them, shall be conveyed free of all duty or charges to the place where they are to be embarked in the ports. At their exportation they shall only pay the duty indicated in the tariff contained in Article L.
LIV. Spanish subjects shall employ the lighters belonging to the Morocco Government to embark or land merchandize from their vessels in the ports of Morocco ; but if two days after the arrival of a vessel the Government have not placed their lighters at the disposal of the parties interested in these operations for the purpose indicated, the said Spanish subjects may make use of private lighters
, and in that case they shall only pay to the port authorities half the dues they would have paid had they employed the Government lighters.
The duty on transhipments, which is now paid in the ports of Morocco, shall not be increased, and the Director of the CustomHouse of the port shall provide the Spanish Consul, Vice-Consul, or Consular Agent, with a copy of the tariff of those duties for his information.
LV. The Articles of this Treaty shall be applicable to all the fortresses and ports of Morocco open to foreign commerce, or which may hereafter be opened, as well in the Mediterranean as in the Atlantic.
LVI. If a Spanish subject should fraudulently import contraband merchandize of any description whatsoever into Morocco, or should export such therefrom, the goods shall be confiscated, and the defrauder given up to the Consul, Vice-Consul, or Consular Agent of Spain, in order that he may be punished according to his offence.
Subjects of Morocco engaged in smuggling in Spain shall be treated in the same manner; they shall be apprehended and given up to Her Catholic Majesty's Cousul-General, with an account of their offence, in order that the Morocco Government may inflict the proper punishment on them.
LVII. Spanish subjects, whether inhabitants of the Peninsula, Canary Islands, Balearic Islands, or the possessions of Her Catholic Majesty on the continent of Africa, shall have a right to fish on the coasts of the Empire of Morocco.
LVIII. Spanish vessels intending to fish on the coasts of Morocco must have a permit from the marine authorities of Spain, which they can exhibit, if necessary, to the Morocco authorities, at the place nearest to the spot where they intend to fish.
LIX. When a Spanish fishing vessel shall be suspected of smuggling on the coasts of Morocco, the authorities thereof shall denounce her at once to the nearest Spanish Consul or Consular Agent, in order that he may examine the charge, and cause the master or captain to be acquitted or punished by his superiors, according to the laws and regulations in force in Spain.
LX. In order to facilitate the coral fishery carried on by Spaniards on the coast of Morocco, the High Contracting Parties agree that Spanish boats may carry on the said fishery on all the coasts of the Empire of Morocco, on payment of a fixed and in. variable annual sum of 150 dollars for each vessel engaged in the coral fishery.
The captains or masters of vessels about to engage in the said fishery shall address their demands to the Representative of Spain in Morocco, who will forward them to the Commissioner for Foreign Affairs of His Majesty the Sultan, who shall grant the necessary authorization, without delay or difficulty, and he shall receive from the masters themselves, interested in the matter, the corresponding amount of duty, and he shall provide them with a document stating they have obtained a right to fish for coral by the payment of the sum stipulated in this Article.
Masters of Spanish vessels who shall be found engaged in the coral fishery unprovided with the said document proving that they have obtained a right to fish, shall be punished by the said Representative of Her Catholic Majesty.
The penalties shall be in proportion to the nature of the offence.
LXI. All former stipulations between Spain and Morocco are annulled by the present Treaty, with the exception of the Con. vention signed in Tetuan on the 24th of August, 1859, and the Treaties concluded in the same city of Tetuan, and at this court, on the 26th of April, 1860, and the 30th of October this year, which shall be in full force and vigour in so far as they are not opposed to the provisions of the present Treaty.
LXII. This Treaty shall be published and notified to the subjects of both Powers, in order that none of them may be ignorant of its conditions, and copies of it shall be sent to the governors and authorities for its exact fulfilment.
LXIII. In order to enable the High Contracting Parties here: after to discuss and agree upon other arrangements to facilitate still further their mutual relations, and contribute to the interests of their respective subjects, it is agreed, that after ten years have transpired from the day of the exchange of the ratifications of the present Treaty, either of the two Contracting Parties shall have a right to demand the modification of the Treaty; but until such modification shall have taken place by mutual agreement, or a new Treaty shall have been concluded and ratified, the present one shall continue in full force and vigour. .
LXIV. The present Treaty shall be ratified by Her Majesty the Queen of Spain and by His Majesty the Sultan of Morocco, and the exchange of the ratifications shall be effected in Tangier within the term of 50 days, or sooner, if possible. 4 copies shall be signed and
sealed of this Trenty; one for Her Catholic Majesty, one fur His Majesty of Morocco, one to remain in the hands of the Chargé d'Affaires of Spain in Morocco, and one in those of the Minister for Foreign Affairs of this Kingdom, each of the two Contracting Parties being careful to cause all the stipulations contained in the Articles composing the Treaty to be observed most punctually.
In faith whereof we the Undersigned Plenipotentiaries have signed and sealed it with our respective seals, in Madrid, on the 20th of November, in the year 1861 of the Christian era, which corresponds with the 17th of Chumeda, the first of 1278 of the Hegira.
(L.S.) SATURNINO CALDERON COLLANTES. (L.S.) EL ABBAS.
CONVENTION between Spain and Nassau, for the Mutual
Surrender of Criminals.-Signed at Frankfort, October 23, 1861.
[Ratifications exchanged at Frankfort, January 23, 1862.] (Translation.)
HER Majesty the Queen of Spain and His Highness the Duke of Nassau being anxious to insure the punishment of criminals who may take refuge in one of the two countries, coming from the other, have agreed to enter into a Convention for this purpose, and have named the following persons as their Plenipotentiaries :
Her Majesty the Queen of Spain, Don Manuel Rancés y Villanueva, Deputy of the Cortes, Her Envoy Extraordinary and Minister Plenipotentiary at the Ducal Court of Nassau, and to the Germanic Confederation, &c.
And His Highness the Duke of Nassau, Emilius Augustus, Baron von Dungern, His Envoy to the Germanic Diet, Minister of State and Gentleman of the Chamber, Grand Cross of the Ducal Order of Civil and Military Merit of Adolphus of Nassau, Knight of the first class of the Imperial Order of St. Anne of Russia, Grand Cross of the Royal Order of the Lion of the Netherlands, of the Order of Santiago, of the Sword of Portugal, of the Grand Ducal Order of Philip the Magnanimous of Hesse, of the Order of Henry the Lion of Brunswick, &c., who, after having exchanged their full powers and found them in good and proper form, have agreed upon the following Articles :
ART. I. The Governments of Spain and Nassau bind themselves by the present Convention to deliver up to each other all persons, with the exception of their own subjects, who, for the offences enumerated in Article 11, may have been indicted or sentenced by the tribunals of the State, in whose territory the offence may have been committed, and who may have taken refuge in Nassau from Spain or her Colonies, or in Spain and her Colonies from Nassau,
II. The more or less serious offences for which extradition shall be reciprocally granted are :
1st. Murder, parricide, poisoning, homicide, infanticide, abortion, rape with violence, or an outrage against modesty consummated or attempted with violence, or an outrage consummated or attempted without violence on a person whose age would give to this action the character of a serious offence, according to the respective laws (of the two countries).
3rd. An association to commit an armed robbery, or a common robbery, robbery with arms, robbery with violence, escalade, or by boring or fracture either external or internal, theft committed by a paid servant or dependant.
5th. The fabrication, introduction, or uttering of bad money, or of instruments which serve for its fabrication, the falsification or alteration of paper money, the emission or introduction of false or altered paper money, the falsification of the dies or stamps used to assay gold and silver, the falsification of the seals of the State, and of all kinds of stamped paper, although such falsification may have been done out of the country which demands the extradition.
6th. False witness and the bribery of witnesses.
7th. Forgery in public or private documents and in those of commerce.
8th. Robbery, committed by persons who are appointed by the public authorities to receive deposits, of the property they may have in their possession by reason of their appointment.
9th. Fraudulent bankruptcy.
III. Although extradition can only be effected for the investigation and punishment of the common offences enumerated in Article II, the fact of the fugitive offender having been guilty of a political offence will not prevent the extradition, in case he should have been guilty of one of the said common offences. But in this case, he can only be tried and punished for the latter offence, and not for any offence not included in the above catalogue.
IV. The extradition may be denied if the term prescribed for tho criminal action or the application of the corresponding punishment shail have expired, counting from the perpetration of the offence, from the latest judicial steps or from the sentence, in conforinity with the laws of the country in which the offender may have taken refuge.
V. If the individual whose extradition is demanded, be under trial or sentence for any offence perpetrated in the country where he has taken refuge, the extradition may be delayed until after his trial, or until he shall have accomplished his sentence. If the delinquent be under arrest for debts or other obligations of civil right; the extradition shall not take place until he is set at liberty.