568
THE NEW ZEALAND GAZETTE.
No. 11

other shall be at liberty to refit therein, to procure all necessary stores, and to put to sea again without paying any dues other than such as would be payable in a similar case by a national vessel. In case, however, the master of a merchant vessel should be under the necessity of disposing of a part of his merchandise in order to defray his expenses, he shall be bound to conform to the Regulations and Tariffs of the place to which he may have come.

If any ship-of-war or merchant-vessel of one of the High Contracting Parties should run aground or be wrecked upon the coasts of the other, such ship or vessel, and all parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandise saved therefrom, including any which may have been cast into the sea, or the proceeds thereof if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents when claimed by them. If there are no such owners or agents on the spot, then the same shall be delivered to the British or Nicaraguan Consular officer in whose district the wreck or stranding may have taken place, upon being claimed by him within the period fixed by the laws of the country; and such Consular officers, owners, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the like case of a wreck of a national vessel.

The goods and merchandise saved from the wreck shall be exempt from all duties of customs, unless cleared for consumption, in which case they shall pay the same rate of duty as if they had been imported in a national vessel.

In the case either of a vessel being driven in by stress of weather, run aground, or wrecked, the respective Consular officers shall, if the owner or master or other agent of the owner is not present, or is present and requires it, be authorised to interpose in order to afford the necessary assistance to their fellow-countrymen.

ARTICLE X.

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

ARTICLE XI.

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

ARTICLE XII.

It shall be free to each of the 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 Consular 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 enjoy all the faculties, privileges, exemptions, and immunities of every kind which are or shall be granted to Consuls of the most favoured nation.

ARTICLE XIII.

The subjects or citizens of each of the High Contracting Parties who shall conform to the laws of the country—

1. Shall have full liberty, with their families, to enter, travel, or reside in any part of the dominions and possessions of the other High 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 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, or in respect of their commerce or industry, to any taxes, whether general or local, or to imposts or obligations, of any kind whatever other or greater than those which are or may be imposed upon native subjects or citizens, or subjects or citizens of the most favoured nation.

Article XIV.

The subjects or citizens of each of the High Contracting Parties in the dominions and possessions of the other shall be exempted from all compulsory military service whatever, whether in the army, navy, national guard, or militia. They shall be equally exempted from all judicial and municipal functions whatever other than those imposed by the laws relating to juries, as well as from all extraordinary war contributions, forced loans, and every species of military requisitions or service. In all other cases their personal and real property cannot be subjected to other charges or imposts than those that may be or have been exacted from the subjects or citizens of the country or from subjects or citizens of the most favoured nations.

Article XV.

The subjects or citizens of each of the High Contracting Parties in the dominions and possessions of the other shall be at full liberty to exercise civil rights, and therefore to acquire, possess, and dispose of every description of property, movable and immovable. They may acquire and transmit the same to others, whether by purchase, sale, donation, exchange, marriage, testament, succession ab intestato, and in any other manner, under the same conditions as national subjects or citizens. Their heirs may succeed to and take possession of it, either in person or by procurators, in the same legal forms and in the same manner as subjects or citizens of the country.

In none of these respects shall they pay upon the value of such property any other or higher impost, duty, or charge than is or shall be payable by subjects or citizens of the country. In every case the subjects or citizens of the High Contracting Parties shall be permitted to export their property, or the proceeds thereof if sold, freely and without being subjected on such exportation to pay any duty different from that to which subjects or citizens of the country are or shall be liable under similar circumstances.

Article XVI.

The dwellings, manufactories, warehouses, and shops of the subjects or citizens of each of the 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.

It shall not be allowable to make a search of, or a domiciliary visit to, such dwellings and premises, or to examine or inspect books, papers, or accounts, except under the conditions and with the forms prescribed by the laws for subjects or citizens of the country, or of the most favoured nation.

The subjects or citizens of each of the two High Contracting Parties in the dominions and possessions of the other shall have free access to the Courts of Justice for the prosecution and defence of their rights, without other conditions, restrictions, or taxes beyond those imposed on native subjects or citizens; they shall enjoy the same treatment as native subjects or citizens in all that concerns deposits, sureties, and fees in legal cases, and shall, in the same manner as native subjects or citizens, be at liberty to employ, in all causes, their advocates, attorneys, or agents from among the persons admitted to the exercise of those professions according to the laws of the country.

Article XVII.

The subjects or citizens of each of the High Contracting Parties shall have in the dominions and possessions of the other the same rights as native subjects or citizens in regard to patents for inventions, trade-marks, and designs, upon fulfilment of the formalities prescribed by law.

Article XVIII.

All goods bearing marks or descriptions which state, or manifestly suggest, that the goods are the produce or manufacture of one of the Contracting States shall, if such statement or suggestion be false, be seized on importation into either of the two States. The seizure may also be effected in the State where the false indication of origin has been applied, or in that into which the goods bearing the false indication may have been imported. The seizure shall be effected either at the request of the proper Government Department or of an interesting party, whether an individual or a society, in conformity with the domestic legislation of each State, but the authorities are not bound to effect the seizure of goods in transit.

The Tribunals of each country shall decide what appellations, on account of their generic character, do not fall within the provisions of the present Article.

Article XIX.

The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of each of the High Contracting Parties residing in the dominions and possessions of the other shall receive