β¨ Treaty Text Continuation
THE NEW ZEALAND GAZETTE.
70
subjects in the Tunisian territory, as well as all con-
traventions of the police and other regulations, shall
devolve upon the Consul-General or Consul; and the
punishment thereof shall be applied by the said
Consul-General or Consul, in concurrence with His
Highness the Bey. In case the criminal or offender
should escape from the Consular or other prison, the
Consul-General or Consul shall not be held respon-
sible in any manner whatsoever.
proceed to any place they please, and at any time
they think proper, without any hindrance.
In like manner, the ships of His Highness the Bey,
or of Tunisian subjects, shall be assisted and pro-
tected in the dominions of the Queen of Great Britain
as though they were British ships, and shall be subject
only to the same lawful charges of salvage to which
British ships, under similar circumstances, are liable.
ARTICLE XXVII.
No quittance or receipt presented by a British
subject to a Court, purporting to be a discharge of a
debt which he has contracted towards a Tunisian
subject, shall be held as a legal and a valid discharge,
unless he can show that such quittance or receipt is
under the handwriting, seal, or signature of the
Tunisian subject, or duly executed by native notaries,
and attested by the Cadi or the Governor of the
place. And in like manner no quittance or receipt
presented by a Tunisian subject, purporting to be a
discharge of a debt which he has contracted towards
a British subject, shall be held as a legal and valid
discharge of his debt, unless he can show that such
quittance or discharge is under the handwriting, sig-
nature, or mark of the British subject, duly attested
by the Consul, or unless the discharge is drawn up
by two notaries and attested by the British Consul.
ARTICLE XXXI.
Should, however (which God forbid), the crew or
any portion of the crew of a wrecked or stranded
British vessel be murdered by the natives, or its
cargo, or any part of its cargo or contents, be stolen
by them, the Tunisian Government binds itself to
take the most prompt and energetic measures for
seizing the marauders or robbers, in order to proceed
to their severe punishment. It, moreover, engages
to make the most diligent search for the recovery
and restitution of the stolen property; and whatever
compensation for the damage done to individuals or to
their effects, under similar circumstances, is granted
or may hereafter be granted to the subjects of the most
favoured nation, or the equivalent of it, shall be also
accorded to the subjects of the Queen of Great
Britain.
ARTICLE XXVIII.
Should any Tunisian subject be found guilty before
the Tunisian Courts of procuring false evidence to
the injury or prejudice of a British subject, he shall
be severely punished by the Tunisian Government.
In like manner, the competent British Consular
authorities shall severely punish, according to Eng-
lish law, any British subject who may be convicted
of the same offence against a Tunisian subject.
ARTICLE XXXII.
It is agreed and covenanted that if any of the crew
of Her Majesty's ships of war or of British merchant
vessels, of whatever nationality they may be, borne
on the papers of said ships, shall desert within any
port in the Regency of Tunis, the authorities of such
port or territory shall be bound to give every assist-
ance in their power for the apprehension of such
deserters, on the application of the British authority.
In like manner, if any of the crew of the ships of
His Highness the Bey, or of Tunisian merchant
vessels, not being slaves, shall desert in any of the
ports or harbours, within the dominions of Her
Majesty the Queen of Great Britain, the authorities
of such ports or harbours shall give every assistance
in their power for the apprehension of such deserters
on the application of the Commanding Officer, Cap-
tain, or any other Tunisian authority, and no person
whatsoever shall protect or harbour such deserters.
ARTICLE XXIX.
If, at any time, Her Majesty's Agent and Consul-
General, Consul, Vice-Consul, or Consular Agent,
should require the assistance of soldiers, guards,
armed boats, or other aid for the purpose of arrest-
ing or transporting any British subject, the Tunisian
authorities shall immediately comply with the demand,
on payment of the usual fees given on such occasions
by Tunisian subjects.
ARTICLE XXXIII.
The ships of war belonging to Her Majesty the
Queen, and the ships belonging to His Highness the
Bey, shall have free liberty to use the ports of each
country for washing, cleansing, and repairing any of
their defects, and to buy for their use any sort of
provisions, alive or dead, or any other necessaries, at
the market price, without paying custom to any officer.
And it is moreover agreed that, whenever any of
Her Majesty's ships of war shall arrive in the Bay of
Tunis, and shall fire a salute of twenty-one guns, the
Castle of the Goletta, or the Tunisian ships of war,
shall return the same number of guns as the Royal
salute to Her Majesty's colours, according to ancient
usage.
ARTICLE XXX.
If a ship belonging to the Queen of Great Britain,
or to any of her subjects, should be wrecked or
stranded on any part of the coast of the Regency of
Tunis, the Tunisian authorities within whose jurisdic-
tion the accident may occur shall, in accordance with
the rules of friendship, respect her and assist her in
all her wants. They shall allow and enable the
master to take such steps as he may think necessary
or desirable, and shall take immediate steps for the
protection of her crew and of her cargo, and of any
goods, papers, and articles which may be saved from
her at the time of the wreck or afterwards; and,
moreover, they shall lose no time in informing the
nearest British authority of the accident. They shall
deliver over to him, without exception or loss, all the
cargo, goods, papers, and articles which have been
saved and preserved from the wreck, and they shall
likewise furnish the master and the crew of the
wrecked ship with such victuals and provisions as
they may require, for which they shall receive pay-
ment. For their friendly aid and services in protect-
ing, saving, preserving, and restoring to the British
Consular authorities the goods and contents saved
through their exertions from the wrecked vessel, or
any portion thereof, they shall be entitled to such an
amount of salvage as Her Majesty's Agent and
Consul-General and the Chief Tunisian authority on
the spot shall judge a fair compensation for their
services. The master and crew shall be at liberty to
ARTICLE XXXIV.
The Government of the Queen of the United King-
dom of Great Britain and Ireland, in consideration of
the sincere friendship that has at all times existed
between Her Majesty and His Highness the Bey,
agrees that Tunisian ships and cargoes shall be received
at the ports and harbours of the British dominions
upon the same footing as British vessels and cargoes.
ARTICLE XXXV.
British vessels arriving in any of the Tunisian ports
for the purpose of trade, or by reason of stress of
weather, or to repair damages, shall not be compelled
to discharge their cargoes or any portion of their
cargoes, and they shall not be made to change their
destination or to receive any passengers on board
unless it be with their own free will, but they shall be
respected, and they shall be allowed to depart without
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β¨ LLM interpretation of page content
π
Continuation of Convention Articles regarding jurisdiction, debt, wrecks, and shipping rights in Tunis.
(continued from previous page)
π External Affairs & Territories28 January 1876
Convention, Treaty text, Debt discharge, Wreck salvage, Deserters, Warships, Trade rights, Tunis
NZ Gazette 1876, No 5