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ARTICLE 4. The memorandum and the reply and any documents annexed to them, shall be printed and shall be delivered in duplicate to his majesty the King of Spain and simultaneously to the other party. The memorandum and the reply of each party shall be in the language of that party and it shall not be necessary for them to be accompanied by a translation.


The arbitrator shall have the right to ask for such explanations from the parties as he may deem necessary and shall decide any question of procedure not foreseen by the declaration, and any incidental points which may arise.


The arbitrator may employ any necessary help and in particular, if he thinks fit, either with or without the previous request of one of the parties he may appoint an expert officer to proceed to the spot and make any survey or examination or receive any oral evidence which he may consider necessary to enable him to arrive at a decision.

ARTICLE 7. On the application of either party the arbitrator may, if he thinks fit, grant an extension of time for the delivery of the memorandum or the reply.


Each of the parties shall bear their own expenses of the arbitration and the common expenses of the arbitration such as the honorarium to be paid to the arbitrator, and, if necessary, his travelling or any other expenses, shall be shared equally between the two parties to the arbitration.


The decision of the arbitrator when communicated to the parties by his majesty the King of Spain, shall be accepted as final. Berlin, January 30, 1909.

[L. S.]

W. E. GOSCHEN. (L. S.]




April 1, 1909.

Convention made and entered into between William Waldegrave, Earl of Selborne, a member of his Britannic Majesty's most honorable 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 in behalf of the government of the Transvaal (hereinafter called the Transvaal government) of the one part and Thomaz Antonio Garcia Rosado, lieutenant-colonel 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 fifteenth day of June, 1904, by the provisions following, that is to say:


Matters concerning natives. 1. Under this convention the government of the province will permit recruiting within the territories under its direct administration of nativo laborers 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.

2. 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.

3. 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 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.

4. Every licence to recruit native laborers 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 labor 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 fulfill 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 shali 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.

5. Before leaving the province every laborer shall be supplied with a passport available for one year, for which a fee of thirteen shillings 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.

6. No laborer shall be engaged in the first instance for a longer period than one year, but at the end of the first period he may be re-engaged for a further period or periods, but so that such period or periods, together with the first period, shall not, without the special permission of the Portuguese Curator hereinafter referred to, exceed two years.

Any laborer who fails to return to the province of Mozambique at the expiration of his period of service, including any period of re-engagement, shall; unless he shall have obtained special permission from the curator, be considered a clandestine immigrant for all the purposes of this convention.

7. The Transvaal government guarantees that natives will 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.

8. The Portuguese curator shall be entitled to receive a fee of one shilling and sixpence 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.

9. 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 organize a deposit and transfer agency for moneys belonging to Portuguese natives.

(9) To ascertain the allotment of laborers to the different mines for the purpose of recording their places of employment. 10. The railway charges for natives returning to the Portuguese frontier shall be equally favorable with the railway charges made for natives from the Portuguese frontier into the Transvaal.

11. The following customs provisions shall apply to goods and baggage

of native laborers 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 laborer will, subject to the terms of subsection (6) of this article, be permitted by the Portuguese custoins to carry with him into the province, free of duty and from formal examination, up to sixty kilograms (equal to one hundred and thirty-two pounds) gross weight of baggage.

(6) 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 excessivo 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 (ten shillings), but does not exceed 2,750 reis (twelve shillings) there shall be collected from the native on such goods the difference between 1,687.5 reis (seven shillings and sixpence) and the actual duty leviable.

(d) No native referred to in this article will be permitted to have in his possession merchandize upon which the Portuguese customs duties exceed 2,750 reis (twelve shillings); 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 subsection contained shall be deemed to prevent the confiscation of contraband goods, such as dynamite, powder, firearms, fuses, and the like, when introduced into the province by any such native.

(c) 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 sar, only such goods as by reason of their quantity, nature, or condition, can not be considered as personal effects of the natives.

(f) In consideration of the above, the Transvaal government wil: pay to the customs of the province the sum of seven shillings and sixpence per head for each and every native laborer of the province

returning from the mining industries of the Transvaal. 12. 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.

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