international disputes, concluded at The Hague on the 29th July, 1899;* Taking into consideration that by Article XIX of that Convention, the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment, Have named as their Plenipotentiaries : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India: the Right Honourable Sir Edward Grey, a Baronet of the United Kingdom, a Member of Parliament, His Majesty's Principal Secretary of State for Foreign Affairs; and His Majesty the King of Norway: M. Johannes Irgens, His Envoy Extraordinary and Minister Plenipotentiary at the Court of His Britannic Majesty ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows: ART. I. The High Contracting Parties hereby undertake to renew for a further period of five years, dating from the 9th instant, the Convention signed at London on the 11th August, 1904,† for the settlement by arbitration of certain classes of questions which may arise between the two Governments, in so for as the provisions of the aforesaid Convention apply to the Kingdom of Norway. Done in duplicate at London, the 9th day of November, 1909. (L.S.) E. GREY. WITHDRAWAL of British Colonies from the Treaty of Commerce between Great Britain and Paraguay.-Signed at Asuncion, October 16, 1884.‡ THE following withdrew in 1909, under the Declaration signed at Asuncion on the 14th March, 1908§:— Cape of Good Hope. Notices of withdrawal were given in 1909 in resp following: CONVENTION between the Governments of the Transvaal and the Portuguese Province of Mozambique relating to Natives, Railways and Port, and Commerce and Customs.Signed at Pretoria, April 1, 1909. CONVENTION made and entered into between William Waldegrave, Earl of Selborne, a member of His Britannic Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, and Governor of the Transvaal, and as such acting for and on behalf of the Government of the Transvaal (hereinafter called the Transvaal Government), of the one part, and Thomaz Antonio Garcia Rosado, Lieutenant-General of the General Staff, Councillor and Equerry to His Most Faithful Majesty the King of Portugal, formerly Governor-General of the Province of Mozambique, and in this Convention acting for and on behalf of the Government of that Province (hereinafter called the Government of the Province), of the other part. The said two Governments have mutually agreed and do hereby covenant and agree with each other to replace an Agreement between them known as the Modus Vivendi, signed at Lourenço Marques, on the 18th day of December, 1901,* together with the addendum thereto dated the 15th day of June, 1904,† by the provisions following, that is to say: PART I.—Matters concerning Natives. ART. I. Under this Convention the Government of the Province will permit recruiting within the territories under its direct administration of native labourers for the mining industries of the Transvaal: Provided that such permission will not be effective within areas the natives of which are subject to obligations under local laws at present in force or under legal contracts now existing with the Government of the Province, if those obligations would be interfered with by any recruiting operations. II. Except in so far as may be in conflict with this Convention, recruiting operations shall be conducted in accordance with regulations at present in force in the Province; but the Government of the Province may alter the said regulations, subject, however, to agreement between the two Governments whenever such alteration affects recruiting operations. III. The Government of the Province reserves the right to prohibit recruiting by or allotment to a Transvaal employer who, upon a joint investigation by representatives of each Government, may be found to have failed, in some substantial respect * Vol. XCV, page 931. + Vol. XCVIII, page 1085. or persistently after warning, to comply with the obligations imposed by this Convention or by any regulation in force in the Province not inconsistent with this Convention. In the event of the representatives of both Governments not being able to agree, they shall appoint an umpire, whose findings shall be final. IV. Every licence to recruit native labourers shall be granted by the Government of the Province. Each application for a recruiting licence shall be made through the Intendent of Emigration at Lourenço Marques, and no application shall be granted unless it be accompanied by a certificate from the Transvaal Secretary for Native Affairs to the effect that the Transvaal Government supports the application and that it is made on behalf of an employer or employers of labour connected with the mining industries of the Transvaal. Every applicant shall at the same time produce a written undertaking on his own behalf and on behalf of his employers to fulfil all obligations under any regulations in force in the Province or contemplated by this Convention. The guarantee deposit and licence which the recruiter has to pay shall not exceed those provided by the Provincial Regulations of the 18th November, 1897. Recruiting licences shall be issued in respect of any one district, and for this purpose the old district boundaries existing in 1907 may be followed, but a licence issued in respect of one district shall on application be transferred to another without extra charge. Recruiting licences may at any time be cancelled by the Government of the Province in accordance with the Emigration Regulations of the Province. If at any time after the granting of a licence the Transvaal Government raises any objection against the holder of such licence, the Government of the Province agrees to withdraw the licence. V. Before leaving the Province every labourer shall be supplied with a passport available for one year, for which a fee of 13. shall be paid to the Government of the Province by the employer. No other fees shall be charged in connection with legally recruited natives, except those specified in this Convention. VI. No labourer shall be engaged in the first inst longer period than one year, but at the end of the first may be re-engaged for a further period or periods, bu such period or periods, together with the first period, al without the special permission of the Portugues hereinafter referred to, exceed two years. Any labourer who fails to return to try of M bique at the expiration of his period of period of re-engagement, shall, unless special permission from the Curator, be co immigrant for all the purposes of this Conve VII. The Transvaal Government guarant be given their discharge at the expiration of the period of contract, including any period of re-engagement, and that no pressure shall be put on them to renew their contracts. VIII. The Portuguese Curator shall be entitled to receive a fee of 18. 6d. for every three months or part thereof, in respect of every Portuguese native to whom this Convention applies and who has been in the Transvaal for more than one year. Such fee shall be paid to the Portuguese Curator by the employer. IX. A Portuguese official will undertake the duties of Curator for Portuguese natives in the Transvaal. The Curator shall be the sole official charged with the functions of a consular officer with respect to such natives, and, in addition to the powers vested in him by the Regulations now in force in the Province, the following powers and duties shall attach to him : (a.) To approach the Transvaal authorities with a view to arriving at an understanding in matters relating to Portuguese natives residing in the Transvaal ; (b.) To collect all fees payable to the Curator under this Convention in respect of Portuguese natives in the Transvaal ; (c.) To issue or refuse Portuguese passes to clandestine immigrants; (d.) To grant or refuse the extension of Portuguese passes to Portuguese natives; (e.) To promote by all means at his command the registration of Portuguese natives in the Transvaal; (f.) To organise a Deposit and Transfer Agency for moneys belonging to Portuguese natives; (g.) To ascertain the allotment of labourers to the different mines for the purpose of recording their places of employment. X. The railway charges for natives returning to the Portuguese frontier shall be equally favourable with the railway charges made for natives from the Portuguese frontier into the Transvaal. XI. The following Customs provisions shall apply to goods and baggage of native labourers returning from the mining industries of the Transvaal, but the details of these provisions may be revised from time to time by mutual arrangement : (a.) Each native labourer will, subject to the terms of subsection (b) of this Article, be permitted by the Portuguese Customs to carry with him into the Province, free of duty and from formal examination, up to 60 kilog. (equal to 132 lb.) gross weight of baggage; (b.) The Portuguese Customs, however, reserve the right to examine occasionally and from time to time the baggage carried by the said natives, in order to satisfy themselves that no excessive quantities of goods for trading purposes are being imported under cover of the above privilege. (c.) In the event of any native, after examination, being found to carry goods whereon the duty leviable according to the Portuguese tariffs, is more than 2,250 reis (10s.), but does not exceed 2,750 reis (128.), there shall be collected from the native on such goods the difference between 1,687·5 reis (78. 6d.) and the actual duty leviable. (d.) No native referred to in this Article will be permitted to have in his possession merchandise upon which the Portuguese Customs duties exceed 2,750 reis (12s.); the bearer of goods the duties whereon exceed that amount shall be liable to the penalties prescribed by the Portuguese Customs law and regulations, other than the confiscation of such goods; but nothing in this sub-section contained shall be deemed to prevent the confiscation of contraband goods, such as dynamite, powder, fire-arms, fuses, and the like, when introduced into the Province by any such native; (e.) It is understood that, for the purpose of the computation of duties only such goods as are at the present time ordinarily liable to duty shall be assessed, that is to say, only such goods as by reason of their quantity, nature, or condition, cannot be considered as personal effects of the natives; (f.) In consideration of the above, the Transvaal Government will pay to the Customs of the Province the sum of 7s. 6d. per head for each and every native labourer of the Province returning from the mining industries of the Transvaal. XII. Subject to the terms of this Convention every native of the Province in the Transvaal must be in possession of a Portuguese pass or passport issued by the authorities of the Province. Any such native found within the Transvaal without such pass or passport shall be considered a clandestine immigrant and shall obtain from the Portuguese Curator or his representative a pass, for which a fee of 208. shall be paid. XIII. No Portuguese native in possession of a Portuguese passport lawfully issued under this Convention shall be liable to pay native tax under the laws of the Transvaal. XIV. This Convention shall not apply to a native who(a.) Entered the Transvaal from the Province of Mozambique prior to the 11th day of October, 1899; and (b.) Has not, since that day, resided continuously in a labo district in the Transvaal. XV. No Transvaal pass shall be issued to a Portugue native who fails to produce a Portuguese pass or pass] lawfully issued, except in districts where the Curator has representative, in which case Transvaal pass officers may is a pass, but shall send all details to the Portuguese Curator order that the native may be provided with a Portuguese p and the Curator shall collect the amount due from the emple, (if any) or from the native if he has no employer. If, however, the Curator refuses to issue a pass to s native his Transvaal pass shall forthwith be cancelled accordance with the Transvaal Pass Regulations. XVI. Except upon production of a written authority fr [1908-9. c.] I |