Sept. 25.] THE NEW ZEALAND GAZETTE. 1389

His Excellency the President of the French Republic: M. Jules Ferry, Deputy, President of the Council, Minister for Foreign Affairs, &c.; and M. Adolphe Cochery, Deputy, Minister of Posts and Telegraphs, &c.;

His Excellency the President of the Republic of Guatemala: M. Crisanto Medina, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Guatemala at Paris, &c.;

His Majesty the King of the Hellenes: Prince Maurocordato, his Envoy Extraordinary and Minister Plenipotentiary at Paris, &c.;

His Majesty the King of Italy: His Excellency General Count Menabrea, Marquis de Valdora, his Ambassador Extraordinary and Plenipotentiary to the Government of the French Republic, &c.;

His Majesty the Emperor of the Ottomans: His Excellency Essad Pasha, his Ambassador Extraordinary and Plenipotentiary to the Government of the French Republic, &c.;

His Majesty the King of the Netherlands, Grand Duke of Luxembourg: Baron de Zuylen de Nyevelt, his Envoy Extraordinary and Minister Plenipotentiary at Paris, &c.;

His Majesty the Shah of Persia: General Nazare Aga, his Envoy Extraordinary and Minister Plenipotentiary at Paris, &c.;

His Majesty the King of Portugal and the Algarves: M. d’Azevedo, Portuguese Chargé d’Affaires at Paris, &c.;

His Majesty the King of Roumania: M. Odobesco, Roumanian Chargé d’Affaires ad interim at Paris, &c.;

His Majesty the Emperor of all the Russias: His Excellency Aide-de-camp General Prince Nicolas Orloff, his Ambassador Extraordinary and Plenipotentiary to the Government of the French Republic, &c.;

His Excellency the President of the Republic of Salvador: M. Torrès-Caicedo, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Salvador at Paris, &c.;

His Majesty the King of Servia: M. Marinovitch, his Envoy Extraordinary and Minister Plenipotentiary at Paris, &c.;

His Majesty the King of Sweden and of Norway: M. Sibbern, his Envoy Extraordinary and Minister Plenipotentiary at Paris, &c.;

His Excellency the President of the Oriental Republic of the Uruguay: Colonel Diaz, Envoy Extraordinary and Minister Plenipotentiary of the Oriental Republic of the Uruguay at Paris, &c.;

Who, after having exchanged their full powers, found in good and due form, have agreed upon the following articles:—

ARTICLE I.

The present Convention applies outside territorial waters to all legally-established cables landed on the territories, colonies, or possessions of one or more of the High Contracting Parties.

ARTICLE II.

It is a punishable offence to break or injure a submarine cable, wilfully or by culpable negligence, so as to interrupt or obstruct telegraphic communication, either wholly or partially, such punishment being without prejudice to any civil action for damages.

This provision does not apply to cases where those who break or injure a cable do so with the lawful object of saving their lives or their ship, after they have taken every necessary precaution to avoid so breaking or injuring the cable.

ARTICLE III.

The High Contracting Parties undertake that, on granting a concession for landing a submarine cable, they will insist upon proper measures of safety being taken, both as regards the track of the cable and its dimensions.

ARTICLE IV.

The owner of a cable who, on laying or repairing his own cable, breaks or injures another cable must bear the cost of repairing the breakage or injury, without prejudice to the application, if need be, of Article II. of the present Convention.

ARTICLE V.

Vessels engaged in laying or repairing submarine cables shall conform to the regulations as to signals which have been, or may be, adopted by mutual agreement among the High Contracting Parties, with the view of preventing collisions at sea.

When a ship engaged in repairing a cable exhibits the said signals, other vessels which see them, or are able to see them, shall withdraw to or keep beyond a distance of one nautical mile at least from the ship in question, so as not to interfere with her operations.

Fishing gear and nets shall be kept at the same distance.

Nevertheless fishing-vessels which see, or are able to see, a telegraph-ship exhibiting the said signals shall be allowed a period of twenty-four hours at most within which to obey the notice so given, during which time she shall not be interfered with in any way.

The operations of the telegraph-ships shall be completed as quickly as possible.

ARTICLE VI.

Vessels which see, or are able to see, the buoys showing the position of a cable when the latter is being laid, is out of order, or is broken, shall keep beyond a distance of one-quarter of a nautical mile at least from the said buoys.

Fishing nets and gear shall be kept at the same distance.

ARTICLE VII.

Owners of ships or vessels who can prove that they have sacrificed an anchor, a net, or other fishing gear, in order to avoid injuring a submarine cable, shall receive compensation from the owner of the cable.

To be entitled to such compensation a statement, supported by the evidence of the crew, must, whenever possible, be drawn up immediately after the occurrence; and the master must within twenty-four hours after arriving at his destination, or on next putting into a port, make a declaration to the proper authorities.

The latter shall communicate the information to the Consular authorities of the country to which the owner of the cable belongs.

ARTICLE VIII.

The tribunals competent to take cognizance of infractions of the present Convention are those of the country to which the vessel on board of which the offence was committed belongs.

It is, moreover, understood that, in cases where the provisions in the previous paragraph cannot apply, offences against the present Convention will be dealt with in each of the Contracting States in accordance, so far as the subjects and citizens of those States respectively are concerned, with the general rules of competence prescribed by the municipal laws of that State, or by international treaties.

ARTICLE IX.

Prosecutions for infractions provided against by Articles II., V., and VI. of the present Convention shall be instituted by the State, or in its name.

ARTICLE X.

Offences against the present Convention may be verified by all means of proof allowed by the legislation of the country of the Court. When the officers commanding the ships of war, or ships specially commissioned for the purpose by one of the High Contracting Parties, have reason to believe that an infraction of the measures provided for in the present Convention has been committed by a vessel other than a vessel of war, they may demand from the captain or master the production of the official documents proving the nationality of the said vessel. The fact of such document having been exhibited shall then be indorsed upon it immediately. Further, formal statements of the facts of any offence may be prepared by the said officers, whatever may be the nationality of the vessel on board of which the offence has been committed. These formal statements shall be drawn up in the form and in the language used in the country to which the officer making them belongs; they may be considered, in the country where they are adduced, as evidence in accordance with the laws of that country. The accused and the witnesses shall have the right to add, or to have added, thereto, in their own language, any explanations they may consider useful. These declarations shall be duly signed.

ARTICLE XI.

The proceedings and trial in cases of infraction of the provisions of the present Convention shall take place as summarily as the laws and regulations in force will permit.

ARTICLE XII.

The High Contracting Parties engage to take or to propose to their respective Legislatures the necessary measures for insuring the execution of the present Convention, and especially for punishing, by either fine or imprisonment, or both, those who contravene the provisions of Articles II., V., and VI.

ARTICLE XIII.

The High Contracting Parties will communicate to each other laws already made, or which may hereafter be made, in their respective countries relating to the object of the present Convention.

ARTICLE XIV.

States which have not signed the present Convention may adhere to it on making a request to that effect. This adhesion shall be notified diplomatically to the Government of the French Republic, and by the latter to the other Signatory Powers.

ARTICLE XV.

It is understood that the stipulations of the present Convention do not in any way restrict the freedom of action of belligerents.

ARTICLE XVI.

The present Convention shall be brought into force on a day to be agreed upon by the High Contracting Powers.