246
THE NEW ZEALAND GAZETTE.

From and after the 1st of January, 1870, the
maximum of these duties shall not exceed 20 per cent.
of the value, with the additions above defined.
The articles of State monopolies (tobacco, salt, gun-
powder), and further, the goods comprised in Classes
1 and 7 of the present Austrian Tariff, are excepted
from these maxima.

Article IV.

Commissioners from both Governments shall meet
not later than the month of March, 1866, for the pur-
pose of ascertaining and determining the values
and additional charges, and they shall take as the
basis of their calculations the average prices at the
principal centres of production and commerce of the
United Kingdom for the year 1865.

Three years after the duties fixed by Treaty shall
have come into operation, each of the Contracting
Parties shall have the right to claim a revision of the
values.

Article V.

Those duties of the future Austrian Tariff to come
into operation on the 1st of January, 1867, to which
England attaches a special interest, shall form the
subject of a supplementary Convention to be con-
cluded between the two Contracting Powers.

The articles of State monopoly, as also the goods
subject to fiscal duties included in Classes 1 and 7 of
the present Tariff, remain also here excepted.

Article VI.

Internal imposts which are levied in the territory
of one party on the production, preparation, or use of
any article, whether on account of the State, or on
account of municipalities and corporations, shall
under no pretext affect the productions of the other
party in a higher or more onerous degree than the
same productions of native origin.

Article VII.

The Contracting Parties agree that every reduction
in their Tariffs of import or export duties, and every
privilege, favor, or immunity which either Contract-
ing Party may hereafter grant to the subjects and
commerce of a third Power, shall be extended im-
mediately and unconditionally to the other Contract-
ing Party, with a reserve, however, of the exceptions
enumerated in Article II., a and b.

Article VIII.

The subjects of one of the Contracting Parties shall
enjoy in the dominions and possessions of the other,
equality of treatment with native subjects in regard
to charges on loading and unloading, to warehousing,
and to the transit trade, as also in regard to bounties,
facilities, and drawbacks.

Article IX.

The subjects of one of the two High Contracting
Powers shall, in the dominions of the other, enjoy the
same protection as native subjects in regard to the
rights of property in trade marks, and other distinc-
tive marks, as well as in patterns and designs for
manufactures.

Article X.

The High Contracting Parties reserve to them-
selves to determine hereafter, by a special Conven-
tion, the means of reciprocally protecting copyright
in works of literature and the fine arts within their
respective dominions.

Article XI.

The present Treaty shall remain in force for the
space of ten years, to date from the 1st of January,
1867; and in case neither of the High Contracting
Powers shall have notified to the other, twelve months
before the expiration of the said period of ten years,
the intention to put an end to its operation, the Treaty

shall continue in force for another year, and so on
from year to year, until the expiration of a year
counting from the day on which one or other of the
High Contracting Parties shall have announced its
intention to put an end to it.

The High Contracting Parties reserve to them-
selves the right to introduce, by common consent,
into this Treaty, any modification which is not opposed
to its spirit and principles, and the utility of which
shall have been shown by experience.

Article XII.

The present Treaty shall be ratified, and the ratifi-
cations shall be exchanged in Vienna in three weeks,
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 Vienna, this sixteenth day of December,
one thousand eight hundred and sixty-five.

(L.S.) BLOOMFIELD.

Final Protocol.

Upon proceeding to the signature of the Treaty of
Commerce concluded this day between Great Britain
and Austria, the Plenipotentiaries of the two Powers
made following Declarations :-

1. The Plenipotentiaries of His Majesty the
   Emperor of Austria declared that in virtue of Article
   XIII. of the Treaty of Customs and Contributions
   Union of the 23rd December, 1863, between Austria
   and Liechtenstein, the Treaty of Commerce concluded
   this day would apply equally to the Principality of
   Liechtenstein, and the British Plenipotentiary
   accepted this declaration.

2. In order to avoid any future doubt as to the
   intention of Article III., the Plenipotentiaries of the
   two Powers agreed to the following explanation:-

In the construction of a Tariff of specific duties by
weight within fixed ad valorem rates, it is necessary
to determine what shall be the unit of value to which
each specific duty shall be applied.

In adopting the basis of value established by Article
III., it is understood that it is not intended to depart
from the general principle of the Article, viz., the
application of certain maximum ad valorem rates of
duty to all articles of British produce and manufac-
ture, but to guard against the necessity of making
separate provision for every variety of each article,
thereby creating minute and inconvenient subdivi-
sions in the Tariff.

With this view it becomes necessary to group
together those different qualities and descriptions of
the same article or of similar articles which, from
their approximation in value and general resemblance
in character, it is found possible to include under
one and the same denomination in one position of the
Tariff.

But it is understood that in fixing the denomina-
tions in each position of the future Austrian Tariff,
they shall be so arranged that the duty affixed to any
one position shall not exceed the "maximum" rates
fixed by Article III. of the Treaty upon the average
value of any kind of goods of commercial importance
included under any one denomination in such posi-
tion, unless by common consent it is considered
expedient or necessary.

3. With reference to Article IV., the Plenipoten-
   tiaries likewise agreed that if it shall be found that
   the prices of any kinds of goods have been essentially
   disturbed by exceptional causes during the twelve
   months of the year 1865, the Commissioners of the
   two Governments shall endeavor to find such a basis
   of value as shall be considered to correspond to a fair
   average value for future years.

In the case of textile manufactures (the prices of