78
THE NEW ZEALAND GAZETTE.
to British subjects to hold real property in the
Regency of Tunis.

ARTICLE XVIII.
No harbour, pilotage, light-house, or quarantine
dues, or other local dues, shall be levied upon British
vessels, which are not imposed upon Tunisian vessels
or upon the vessels of the most favoured nation.
If a British vessel shall enter a Tunisian port from
stress of weather and depart, it shall not be subject
to the payment of the aforesaid dues, but shall pay
only the fee to the pilot, should a pilot be required.
Should such vessel, however, visit a Tunisian port for
the purpose of procuring water and of purchasing
provisions, it shall pay only a portion, not exceeding
half, of the harbour, pilotage, light-house, and quar-
antine or other local dues payable at the said port.
In like manner Tunisian vessels which shall visit
any of the ports of Her Majesty's dominions shall
pay only the harbour, quarantine, and other dues
which are levied upon British vessels.

ARTICLE XIX.
The captains of merchant vessels having goods on
board destined for the Regency of Tunis shall, on
their arrival at the port where such goods are to be
landed, deposit in the Custom House of such port a
true copy of their manifest.

ARTICLE XX.
If a British subject be detected in smuggling into
the Regency any description of goods, or should be
detected in embarking any goods, the produce of
Tunis, for which he can exhibit no Custom House
permit, such goods shall be confiscated by the Tuni-
sian Treasury, but a report or procès-verbal of the
alleged contraband must, as soon as the said goods
are seized by the authorities, be drawn up and com-
municated to the British Consular authorities; and
no goods can be confiscated as contraband unless the
fraud with regard to them shall be duly and legally
proved.

It is stipulated that vessels navigating under the
British flag shall submit to the regulations of the
port; that such vessels, speronaras, boats, and the
like craft shall not serve as depôts for merchandize;
and that whenever their detention in the Tunisian
ports shall exceed eight calendar months, they shall,
when required to do so, give satisfactory explanations
to the British Consular authority and to the local
authorities in regard to the motive of their detention
in such ports. Should such explanations be deemed
unsatisfactory, the Custom House may, with the con-
sent of Her Majesty's Agent and Consul-General,
place a guard on board for the prevention of fraud,
the expenses for such guard being at the charge of
the vessel.

ARTICLE XXI.
Should British subjects desire to embark in, or
discharge goods from, any vessel, they can employ
the Tunisian Custom House boats, paying the usual
charges for the use of such boats. They are free,
however, to discharge their merchandize without
using the Custom House boats, in which case they
will apprise the administration of the Customs of it
in writing, taking care to mention, on the arrival of
each steamer or vessel having goods on board to their
consignment, that they will be present themselves, or
be represented by their agents, to assist at the dis-
charge of said goods. In case of their absence, how-
ever, the Custom House will proceed to discharge
their goods, rendering itself responsible as heretofore,
unless in a case of "force majeure." No sort of
claim can be preferred by the consignee against the
Custom House on the plea that it had not the right to
discharge his goods, seeing that the discharge is made
with the sanction of the master of the vessel, and not
with that of the Custom House.

Every consignee who discharges his goods after
making the demand in writing will provide himself
with a Custom-house officer, who will accompany him
to the vessel and return with him to the Custom-
house. The fee to the Custom House officer shall be
paid by the merchant.

ARTICLE XXII.
Whenever the Tunisian Government shall tempo-
rarily prohibit the exportation of wheat, barley, cattle,
or any other article of native produce, such prohibi-
tion shall not come into operation until three months
after official notification shall have been given, and
shall apply only to the specific article or articles
mentioned in the decree enacting the prohibition.

ARTICLE XXIII.
No British subject, nor any person under British
protection, shall, in the Regency of Tunis, be made
liable to pay a debt due from another person of his
nation unless he shall have made himself responsible
or guarantee for the debtor by a valid document.
Neither shall any British subject be compelled to sell
anything to, or to buy anything from, a Tunisian
without his own free will. The seller shall be obliged
to deliver up to the purchaser only that portion of
the goods which he voluntarily sold to him, and the
purchaser shall have no claim or right upon the
remaining portion of such goods or merchandize.
In like manner, no Tunisian subjects in the Domi-
nions of the Queen of Great Britain shall be made
liable to pay a debt due from another person of his
nation to a British subject, unless he shall have made
himself responsible or guarantee for the debtor by a
valid document.

ARTICLE XXIV.
In all criminal cases and complaints where the
prosecutor and prisoner are British subjects, and in
all civil differences, disputes, or litigation which may
occur between British subjects exclusively, the Agent
and Consul-General, Consul, or other British autho-
rity, shall be sole judge or arbiter. No one shall
interfere, but they shall be amenable to the British
Consular Courts only.

All civil differences, disputes, or litigations between
British subjects and the subjects of any foreign coun-
try other than Great Britain, shall be decided solely
in the tribunals of the foreign Consuls, according to
the usages heretofore established, or which may here-
after be arranged between such Consuls, without the
interference of the Tunisian Courts or Government.

ARTICLE XXV.
Disputes and differences arising between a British
and a Tunisian subject, whether the British subject
is plaintiff or defendant, of a commercial and civil
nature (criminal and correctional excepted), shall be
settled by His Highness the Bey, or his delegate, in
the presence and with the concurrence of the British
Consul-General or Consul.
It is likewise agreed that, should any new proce-
dure differing from the above, be adopted and applied
at present, or in future, in the treatment of any
other nation, the British subjects, without exception,
shall be entitled to the enjoyment thereof, whenever
Her Majesty's Government shall request it.
It is, however, understood that, if Mixed Courts
should be at any time established in Tunis with the
assent and approval of Her Majesty's Government,
in that case all civil and commercial suits and dis-
putes arising between British and Tunisian subjects
shall be heard and determined by such Mixed Courts
and Tribunals, according to the rules and procedure
that may be agreed upon between the contracting
parties.

ARTICLE XXVI.
The cognizance of crimes committed by British