✨ Treaty Articles




1408
THE NEW ZEALAND GAZETTE.
[No. 56

allowed, in the dominions and possessions of either of the
high contracting parties, on the exportation of any article
which is or may be legally exportable therefrom, without
distinction whether such exportation shall take place in
British or in Equatorian vessels, and whatever may be the
place of destination, whether a port of either of the con-
tracting parties or of any third Power.

ARTICLE VIII.

No duties of tonnage, harbour, pilotage, lighthouse,
quarantine, or other similar or corresponding duties of what-
ever nature or under whatever denomination, levied in the
name or for the profit of Government, public functionaries,
private individuals, corporations, or establishments of any
kind, shall be imposed in the ports of the dominions and
possessions of either country which shall not equally and
under the same conditions be imposed in the like cases on the
vessels of other nations.

Such equality of treatment shall apply reciprocally to the
respective vessels, from whatever port or place they may
arrive, and whatever may be their place of destination.

ARTICLE IX.

It being understood that the general liberty of commercial
communication conceded by both contracting parties to one
another by the preceding Articles Nos. V., VI., and VII.
shall in no way extend to the coasting trade of the two
respective nations.

ARTICLE X.

In all that regards the stationing, loading, and unloading
of vessels in the ports, basins, docks, roadsteads, harbours, or
rivers of the dominions and possessions of the two countries,
the same privileges and immunities shall be conceded which
have been conceded to the most-favoured nation.

ARTICLE XI.

All vessels which according to British law are to be
deemed British vessels, and all vessels which according to
Equatorian law are to be deemed Equatorian vessels, shall,
for the purposes of this treaty, be deemed British and
Equatorian vessels respectively.

ARTICLE XII.

The high contracting parties agree that in all matters
relating to commerce and navigation any privilege, favour, or
immunity whatever which either contracting party has
actually granted or may hereafter grant to the subjects or
citizens of any other State shall be extended immediately
and unconditionally to the subjects or citizens of the other
contracting party, it being their intention that the trade of
each country shall be placed in all respects by the other on
the footing of the most-favoured nation.

ARTICLE XIII.

The subjects or citizens of each of the contracting parties
shall have, in the dominions and possessions of the other,
the same rights as native subjects or citizens in regard to
trade-marks and designs of every description applicable to
articles of manufacture.

ARTICLE XIV.

It shall be free for each of the two high contracting parties
to appoint Consuls-General, Consuls, Vice-Consuls, and
Consular Agents, to reside in the towns and ports of the
dominions and possessions of the other.

Such Consuls-General, Consuls, Vice-Consuls, and Con-
sular Agents, however, shall not enter upon their functions
until after they shall have been approved and admitted, in
the usual form, by the Government to which they are
sent.

They shall exercise whatever functions and enjoy what-
ever privileges, exemptions, and immunities are or shall be
granted there to Consuls of the most-favoured nation.

ARTICLE XV.

The subjects or citizens of each of the two high contract-
ing parties, conforming themselves to the laws of the
country,β€”

  1. Shall have full liberty, with their families, to enter,
    travel, or reside in any part of the dominions and possessions
    of the other contracting party.

  2. They shall be permitted to hire or possess the houses,
    manufactories, warehouses, shops, and premises which may
    be necessary for them.

  3. They may carry on their commerce by wholesale or
    retail, either in person or by any agents whom they may
    think fit to employ.

  4. They shall not be subject, in respect of their persons or
    property, or in respect of passports, licenses for residence or
    establishment, nor in respect of their commerce or industry,
    to any taxes, whether general or local, nor to imposts or obli-
    gations of any kind whatever, other or greater than those
    which are or shall be imposed upon native subjects.

ARTICLE XVI.

The citizens of the Equator shall enjoy in all the dominions
and possessions of Her Britannic Majesty complete and un-
limited liberty of conscience, and shall exercise their religion
publicly or privately in their own dwelling-houses, or in the
chapels or places of worship appointed for that purpose, in
conformity with the system of toleration established in the
dominions and possessions of Her Britannic Majesty.

The subjects of Her Britannic Majesty residing in the do-
minions and possessions of the Equator shall enjoy the most
perfect and entire security of conscience, without being
annoyed or disturbed on account of their religious belief,
provided that this takes place with a decorum due to Divine
worship, and with due respect to the established laws,
usages, and customs.

They shall have entire liberty to bury their dead, in accord-
ance with the religious ceremonies practised in their
country, in the sepulchres and cemeteries already established,
or which may be hereafter established and appointed for that
purpose; and the sepulchres of the dead, in conformity with
the old and existing practice, shall not be profaned in any-
wise nor upon any account; subjecting themselves, however,
with regard to the places of burial, to the laws for the preser-
vation of public health which are or may be in vigour in the
Equator.

ARTICLE XVII.

The subjects and citizens of each of the two high contract-
ing parties in the dominions and possessions of the other
shall be exempted from all compulsory military service what-
ever, whether in the army, navy, or national guard, or
militia. They shall be equally exempted from all judicial
and municipal charges and functions whatever, as well as
from all contributions, whether pecuniary or in kind, im-
posed as a compensation for personal service; and, finally,
from forced loans and military exactions or requisitions.

In regard, however, to judicial and municipal charges and
functions, those shall be excepted which are consequent
upon the possession of real property or of a lease; and, in re-
gard to military exactions and requisitions, those which all
subjects of the country are or shall be liable to as landed
proprietors, or as farmers, or as tenants or occupiers of
publichouses or houses of a similar character.

ARTICLE XVIII.

The subjects and citizens of each of the two contracting
parties in the dominions and possessions of the other shall
be at full liberty to acquire, possess, and dispose of every
description of property which the laws of the country may
permit any foreigners, of whatsoever nation, to acquire and
possess. They may acquire and dispose of the same, whether
by purchase, sale, donation, exchange, marriage, testament,
succession ab intestato, or in any other manner, under the
same conditions as are established by the laws of the
country for all foreigners. Their heirs and representatives
may succeed to and take possession of such property, either
in person or by agents acting on their behalf, in the same
manner and in the same legal forms as subjects or citizens of
the country. In the absence of heirs and representatives
the property shall be treated in the same manner as the like
property belonging to a subject of the country under similar
circumstances.

In none of these respects shall they pay upon the value of
such property any other or higher impost, duty, or charge
than is payable by subjects of the country. In every case
the subjects and citizens of the contracting parties shall be
permitted to export their property, or the proceeds thereof,
if sold, freely, and without being subjected on such exporta-
tion to pay any duty as foreigners, or any other or higher
duties than those to which subjects of the country are liable
under similar circumstances.

If any subject or citizen of either of the two high con-
tracting parties shall die without will or testament in any
of the territories, dominions, or settlements of the other, the
Consul-General, or Consul of the nation to which the
deceased belonged, or the representative of such Consul-
General or Consul, in his absence, shall have the right to
nominate curators to take charge of the property of deceased,
so far as the laws of the country will permit, for the benefit
of the lawful heirs and creditors of the deceased; giving
proper notice of such nomination to the authorities of the
country.

ARTICLE XIX.

The dwellings, manufactories, warehouses, and shops of
the subjects and citizens of each of the two high contracting
parties in the dominions and possessions of the other, and
all premises appertaining thereto, destined for purposes of
residence or commerce, shall be respected. If there should
be occasion to make a search of, or a domiciliary visit to,
such dwellings and premises, or to examine or inspect
books, papers, or accounts, such measure shall be executed
only in conformity with the legal warrant or order, in
writing, of a tribunal or of the competent authority,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1886, No 56





✨ LLM interpretation of page content

🌏 Treaty of Friendship, Commerce, and Navigation (continued from previous page)

🌏 External Affairs & Territories
23 October 1886
Treaty, Commerce, Navigation, Duties, Tonnage, Harbour, Pilotage, Lighthouse, Quarantine, Most-Favoured Nation, Trade Marks, Consuls, Religious Freedom, Property Rights, Inheritance, Domiciliary Visits