the Custom-house, stating the value and description of the goods. If the Customhouse authorities shall be of opinion that the declared value is insufficient, they shall be at liberty to take the goods on paying to the importer the price declared with an addition of five per cent.

This payment, together with the restitution of any duty which may have been levied upon such goods, shall be made within the fifteen days next following the declaration.

ARTICLE VII.

The French Government shall have the power to designate certain Custom-houses exclusive for the admission of goods taxed ad valorem, the valuation of which may appear to them to present difficulties.

ARTICLE VIII.

The importer, against whom the French Customs may desire to exercise the right of pre-emption stipulated in Article VI., may, if he prefers to do so, demand a valuation of his goods by experts.

The same demand may be made by the French Customs when they may not think fit to have immediate recourse to pre-emption.

Should the French Customs decline to exercise their right of pre-emption, they shall authorize the immediate surrender of the goods to the importer, on the express condition that the said importer shall offer adequate security for the payment of the duties and fines which might result from the valuation by experts, for which valuation the Customs shall retain the necessary samples.

ARTICLE IX.

If the result of such valuation by experts should prove that the value of the goods is not five cent. above that which has been declared by the importer, the duty shall be levied upon the value so declared.

If the proved value is five per cent. or more above the value declared, the French Customs Authorities shall be entitled, at their choice, either to exercise the right of pre-emption or to levy the duty on the value determined by the experts.

This duty shall be increased by fifty per cent. as a fine, if the valuation of the experts is ten per cent. or more above the declared value.

If the value, as determined by the experts, exceeds the declared value by five per cent. or more, the costs of the

valuation by the experts shall be defrayed by the declarant. In all other cases they shall be defrayed by the French Customs Authorities.

In case of any dispute arising between the importer and the French Customs Authorities as to the class or denomination under which any goods may be chargeable with duty, such dispute shall be referred to and be decided by experts, if the importer is dissatisfied with the decision of the Customs.

In all cases of dispute the declarant shall have the option, if he thinks fit, to remove the valuation by experts from an outport to Paris. The desire for such removal must be signified before the inquiry by experts at the outport begins.

ARTICLE X.

In the cases contemplated by Articles VIII. and IX., two experts shall be named, one by the declarant or his agent, the other by the local Chief of the Customs Service at the place where the inquiry is to take place. If there be difference of opinion between them, or if at the time of appointing the experts the declarant shall require it, the experts shall choose an Umpire. In default of agreement, such Umpire shall be appointed by the President of the Tribunal of Commerce at the port of importation, or, in his default, by the President of the Tribunal of Commerce at the nearest place. The declarant, as well as the Customs Authorities, may demand that, instead of being made in the above-mentioned manner, the inquiry shall be carried out at Paris by the Board of Legal Expertise -appointed to be held at the Ministry of Agriculture and Commerce by Article 19 of the Law of the 27th July, 1822.

Such option must be declared within twenty-four hours of the notification of pre-emption or of the demand for an inquiry by experts.

The experts which the above-mentioned Board shall associate with themselves to report on the matters submitted to them, must be chosen from the list annually prepared by the President of the Chamber of Commerce of Paris.

The decision of the experts shall be given within eight days if the inquiry takes place at the place of arrival, and, if the settlement is referred to the Board of Legal Expertise at Paris, it shall be given within fifteen days.

ARTICLE XI.

In order to establish the fact that goods are the produce or manufacture of the

United Kingdom or British Possessions, the importer may, if he shall think fit, present at the French Custom-house a certificate of origin which shall be either an official declaration made before a magistrate exercising jurisdiction at the place of despatch, or a certificate granted by the chief officer of the Customs at the port of embarkation, or a certificate granted by the Consul or Consular Agent of France at the place of despatch or at the port of embarkation.

The signature of the British authority shall be certified by the Consul or Consular Agent of France, if any, residing in the place or Possession from which the goods are despatched or shipped; and if in the case of a British Possession there is no such Consul or Consular Agent, then by the Officer administering the Government of such Possession.

ARTICLE XII.

The importer of machines and mechanical instruments, whether complete or in detached pieces, or of other articles the produce or manufacture of the United Kingdom or British Possessions, shall be exempt from any obligation of producing at the French Customs any models or drawings of such articles.

ARTICLE XIII.

The importer of any goods the produce or manufacture of the United Kingdom or British Possessions, taxed ad valorem, may, if he shall think fit, attach to the declaration verifying the value of such goods, and to the certificate of origin an invoice emanating from the manufacturer or from the seller, which shall show the price actually charged to him for such goods.

ARTICLE XIV.

When goods upon which an ad valorem duty is levied have been previously warehoused, the duty shall be levied according to the value of those goods at the time of their actual importation into France or Algeria.

ARTICLE XV.

Independently of the duties of Customs, articles of goldsmith's work and of jewellery of the manufacture of either country in gold, silver, platina, or other metals, imported into the other, shall be subject to the system of control established in the country of importation for similar

articles of domestic manufacture, and shall pay, if required, on the same basis as national articles, the duties of marking and guarantee.

The above stipulations shall be applicable to fire-arms, anchors, chain cables, and all other articles over which similar control is or may be exercised.

ARTICLE XVI.

The subjects of each of the two High Contracting Powers shall, in the dominions of the other, enjoy the same protection and be subject to the same conditions as native subjects in regard to the rights of property in trade marks and other distinctive marks showing the origin or quality of goods, as well as in patterns and designs for manufactures.

ARTICLE XVII.

Articles liable to duty serving as patterns or samples, which shall be introduced into the United Kingdom by French commercial travellers or into France and Algeria by commercial travellers of the United Kingdom, shall be admitted free of duty, subject to the following formalities requisite to insure their being re-exported or placed in

bond:

1. The officers of Customs at any port or place at which the patterns and samples may be imported shall ascertain the amount of duty chargeable thereon. That amount must either be deposited by the commercial traveller at the Custom-house in money, or ample security must be given for it.

2. For the purpose of identification each separate pattern or sample shall, as far as possible, be marked by the affixing of a stamp or by means of a seal being attached to it.

3. A permit or certificate shall be given to the importer which shall contain

(a.) A list of the patterns or samples imported, specifying the nature of the goods and also such particular marks as may be proper for the purpose of identification;

(b.) A statement of the duty chargeable on the patterns or samples, as also whether the amount was deposited in money or whether security was given for it;

(c.) A statement showing the manner in which the patterns or samples were marked;

(d.) The appointment of a period, which at the utmost must not exceed twelve

months, at the expiration of which, unless it is proved that the patterns or samples have been previously re-exported or placed in bond, the amount of duty deposited will be carried to the public account or the amount recovered under the security given.

No charge shall be made to the importer for the above permit or certificate or for marking for identification.

4. Patterns or samples may be reexported through the Custom-house through which they were imported, or through any other.

5. If, before the expiration of the appointed time (paragraph 3, d), the patterns or samples should be presented at the Custom-house of any port or place for the purpose of re-exportation or being placed in bond, the officers at such port or place must satisfy themselves by examination whether the articles which are brought to them are the same as those for which the permit of entry was granted. If so satisfied, the officers will certify the re-exportation or deposit in bond, and will refund the duty which had been deposited, or will take the necessary steps for discharging the security.

ARTICLE XVIII.

Each of the High Contracting Parties may appoint Consuls-General, Consuls, Vice-Consuls and Consular Agents to reside in the towns and ports of the dominions and possessions of the other, where, in accordance with established practice, such Consular Officers are allowed to reside. 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, within their Consular district, be allowed to exercise whatever functions, and shall enjoy whatever privileges, exemptions and immunities, are or shall be granted to Consuls or Officers of the same rank of the most favoured nation at the place where they are appointed to reside.

ARTICLE XIX.

The Consuls-General, Consuls, ViceConsuls and Consular Agents of each of the Contracting Parties residing in the dominions and possessions of the other shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries.

ARTICLE XX.

The High Contracting Parties reserve to themselves the power of levying from the subjects of the other landing or shipping dues, in order to pay the expenses of all necessary establishments at the ports of importation and exportation.

Such dues, however, shall not be higher or other than those levied on national goods, cargoes, or shipping.

In all that relates to local treatment, Customs formalities, brokerage, warehousing, re-exportation, dues and charges in the ports, basins, docks, roadsteads, harbours and rivers of the two countries, the privileges, favours, or advantages which are or shall be granted to national vessels generally, or to the goods imported or exported in them, shall be equally granted to the vessels of the other country, and to the goods imported or exported in them, excepting always the coasting trade.

ARTICLE XXI.

The High Contracting Parties agree to appoint a Commission, which shall consist of one member on the part of each Government to meet at Paris within ten days after the signature of the present Treaty, to discuss certain questions connected with the duties to be levied under Annex I., which questions are not yet settled between the two Governments. The result of this examination shall form the subject of a Report, which the Commissioners shall address to their respective Governments. They further agree to refer to the same Commission the settlement of certain other questions, as provided for in a separate Protocol, which shall be anexed to the present Treaty, and shall be included in the ratification thereof.

The Commission shall finish its labours within three months, if possible, but its duration may be prolonged by agreement between the High Contracting Parties for any period or periods not exceeding six months longer.

ARTICLE XXII.

The provisions in regard to Tariffs contained in Article II. of the present Treaty shall remain in force till the 1st day of January, 1877, and the provisions in regard to navigation contained in the same Article shall remain in force until the 15th of July, 1879, and thenceforth until terminated in the manner mentioned in this Article.

The High Contracting Parties, if they

think fit, may communicate with each other respecting the general working of the present Treaty, and come to an understanding by means of a Declaration or Protocol with respect to its further duration. Failing such definite understanding and subject to the condition in the next Article stated, either Party may, by twelve months' previous notice, which may be given either at any time after the aforesaid dates respectively, or within the twelve months next preceding the same, terminate any of the provisions contained in the preceding Artices of the present Treaty, and, until the expiration of any such notice, this present Treaty, or such part thereof as shall for the time being not be terminated by any similar notice, shall remain in force.

ARTICLE XXIII.

The High Contracting Powers in reserving to themselves the power, as set forth in Article XXII., to terminate any specific provisions contained in the present Treaty, engage, nevertheless, at all times hereafter to treat each other in all matters relating to commerce and navigation on the footing of the most favoured nation, and that the termination of any specific provisions of the present Treaty, as stipulated in the preceding Article, shall be subject to the above condition.

ARTICLE XXIV.

The President of the French Republic

engages to recommend the National Assembly to give the necessary sanction for the execution of the present Treaty as soon as possible after an agreement between the two Governments shall have been arrived at with respect to the questions which are mentioned in Article XXI., and which, not having yet been settled, are by the same Article XXI. referred to the Commission therein mentioned.

The ratification of the present Treaty shall be exchanged at Paris as soon as possible after such sanction shall have been notified to her Majesty's Government; the Treaty shall come into force immediately on the exchange of ratifications; and the Treaty of the 23rd of January, 1860, the Additional Articles of the 25th February, 1860, and 27th June, 1860, and the Supplementary Conventions of the 12th October and 16th November, 1860, shall be cancelled thereafter, except in so far as relates to the specific stipulations contained in Article II., and the arrangements with respect to matters reserved to the Commission to be appointed in conformity with Article XXI. of the present Treaty.

In witness whereof the respective Plenipotentiaries have signed the present Treaty, and have affixed thereto the Seals of their arms.

Done at London the Fifth day of November, in the year of our Lord One thousand eight hundred and seventy-two. (L. S.) GRANVILLE. (L. S.) CH. GAVARD. (L. S.) J. Ozenne.

II.

(Translation.)

WE, WILLIAM, by the Grace of
God German Emperor, King of
Prussia, &c., &c., &c.

AFTER examination of the Treaty between the Governments of her Britannic Majesty and that of the United States of America, dated at Washington, May 6th,1 1871, by virtue of which the abovenamed Governments have submitted to Our Arbitrator the question at issue between them, viz., whether the line of boundary which, according to the Treaty, dated at Washington, June 15th, 1846, after it had been continued westward along the

1 Sic in original. Query, May 8?

49th parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island shall be further drawn southerly through the middle of the said Channel and of Fuca Straits to the Pacific Ocean, should be run, as claimed by the Government of her Britannic Majesty, through the Rosario Straits or through the Canal of Haro as claimed by the Government of the United States-in order that We should decide finally and without appeal which of these claims is most in accordance with the true interpretation of the Treaty of June 15, 1846;

Have, after taking into consideration the statement of the experts and jurists appointed by us to report upon the contents of the respective case and counter

cases, with their inclosures, given the following decision;

The claim of the Government of the United States-viz., that the line of boundary between the dominions of her Britannic Majesty and the United States should be run through the Canal of Haro-is most in accordance with the

true interpretation of the Treaty concluded between the Government of her Britannic Majesty and that of the United States of America, dated at Washington, June 15, 1846.

Given under our hand and seal at
Berlin, October 21, 1872.
(Signed) WILLIAM.

REPORT OF THE

THE Commissioners appointed for this inquiry (Chairman, Lord Lawrence) issued a Report, in which they came to the following conclusions :

"We express our decided opinion that the state and condition of the 'Megæra' was such that she ought never to have been selected for the voyage to Austra lia, and that as a matter of fact she was an unsafe ship when she left Sheerness, and had probably been so for some years. It is right that we should add that Sir Spencer Robinson informed Sir Sydney Dacres that he did not consider her well adapted for this service, and it is much to be regretted that more weight was not attached to his representations, and that, when he expressed an opinion unfavourable to the employment of the ship, Sir Sydney Dacres did not call for and discuss the reason and grounds for that opinion before incurring such a responsibility.

"When the Megara' left Sheerness her ports were leaky, some being decayed, and others worn out by long service. She was also overladen with reference to the comfort of the officers and men on board, bearing in mind more particularly the nature and length of the voyage and the numbers she carried.

"We consider that the Admiralty were justified in ordering the Megara' to continue her voyage after she had put into Queenstown, the Admiral on the station having declared that she was fit to proceed. The defects which were then reported were not of a character to affect her seaworthiness, and were such as were remedied without docking her.

"The defects in the ship's hull, at the time when she was beached at St. Paul's, were local. The leak itself was an oblong aperture about two inches in length by one and a half in breadth. The plates for a space of five or six feet in the vicinity of the leak were more or less corroded, and dangerously weak over an extent of from two to three fect. In several of the

ship's frames also in the same part the floor plates were more or less eaten by corrosion. These circumstances raised a feeling of insecurity in the minds of the officers as to the soundness of her bottom. It was this which induced Captain Thrupp and the officers he consulted to decide upon running the vessel ashore.

The

"The cause of the leak and of the defective condition of the plates in its vicinity was the continued corrosive action of bilge water on unprotected iron. loss of the ship is in our judgment to be attributed to the want of adequate protection to the inner service of those plates. The corrosive action had in our opinion been at work for some years, and was not appreciably, if at all, accelerated by galvanic action, occasioned by the presence of copper.

"The plates in the vicinity of the waterline of the Megara' were ascertained in 1866 to be very thin; but it must be borne in mind that it is not to the weakness of these plates that the loss of the ship is in any way attributable. This circumstance, however, ought to have led to a thorough and complete examination of the whole of the plating. The sound condition of the plates was not to be satisfactorily ascertained by mere boring from the outside, which was the only process adopted subsequently to the above discovery; such a boring, limited as it was to a mere puncture of the inner surface of the iron could not afford any indication of the condition of the interior face of the plates.

"It is a matter of doubt whether the plates ought at that time to have been doubled or replaced, but it is certain that their comparative weakness should never have been lost sight of, and should have been constantly brought to the notice of the dockyard officials, and that their soundness should have been carefully tested before the vessel was despatched to Australia.