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 twenty shillings shall be paid.

13. No Portuguese native in possession of a Portuguese passport lawfully under this convention shall be liable to pay native tax under the laws of the Transvaal.

14. 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 labor district in the Transvaal.

15. No Transvaal pass shall be issued to a Portuguese native who fails to produce a Portuguese pass or passport lawfully issued, except in districts where the curator has no representative, in which case Transvaal pass officers may issue a pass, but shall send all details to the Portuguese curator in order that the native may be provided with a Portuguese pass. and the curator shall collect the amount due from the employer (if any) or from the native if he has no employer.

If, however, the curator refuses to issue a pass to such native his Transvaal pass shall forthwith be cancelled in accordance with the Transvaal pass regulations.

16. Except upon production of a written authority from the Portuguese curator, no pass shall be issued by an official of the Transvaal government

(a) to clandestine immigrants who, being in possession of a Portuguese pass or passport, desire to be employed otherwise than in the mining industries;

(b) to natives who desire to work for an employer and who did not enter the Transvaal after executing a contract in accordance with law in the province, or who desire to work with a new employer. Whenever a Portuguese native is authoried to work for any person (not being the employer by whom he was originally engaged in accordance with law in the province), or whenever a native is authorized to work for a new employer, the Portuguese curator shall receive from the employer or native a registration fee of ten shillings. When the engagement of native laborers is made by an agency which is authorized to recrui on behalf of several employers such laborers shall be regarded for the purposes of this article as having been originally engaged for any of such employers.

17. No pass shall be issued in the Transvaal to enable a Portuguese native to travel to any other colony or territory except the province of Mozambique without the production of a written authority from the Portuguese curator.

18. The Transvaal government shall assist the curator

(a) by facilitating access by him or his representatives to compounds and to all other places where Portuguese natives are located;

(b) by facilitating the collection of fees payable to the curator under this convention in respect of Portuguese natives in the Transvaal;

(c) by refusing, so far as the Transvaal law allows, the issue or renewal of Transvaal passes to Portuguese natives who fail to produce a valid Portuguese passport;

(d) by causing all cases of deaths, accidents, and desertions of Portuguese natives to be reported to him;

(e) by issuing instructions to all pass officers to the effect that the number of the Portuguese passport must always be mentioned distinctly in the Transvaal pass for reference;

(f) by issuing instructions to pass officers to the effect that all Portuguese natives must report themselves at the curator's office before returning home. In districts where the curator is not represented passes of Portuguese natives desiring to return home shall be sent to him for endorsement.

(g) by promoting the return home of time-expired laborers via Ressano Garcia or any other place on the border which may be agreed upon by the two governments.

19. The Transvaal government shall, so far as the Transvaal law allows, assist the Portuguese curator in preventing the residence in the Transvaal of Portuguese natives without Portuguese passes or with Portuguese passes which are time-expired, and also in discouraging and preventing the entry into the Transvaal of clandestine immigrants.

20. All moneys received for administration by native affairs officials. of the Transvaal government in connection with the estates of deceased Portuguese natives shall be paid over to the curator, whose acquittances shall be a sufficient discharge therefor. The curator shall also be notified of the particulars of compensation payable in respect of accidents. in order that such compensation may be paid to the beneficiaries through his office.

PART 2.

Matters concerning railways and port.

21. The two governments will mutually and in consultation with each other devise and put into operation means and methods for facilitating and developing both the import and export traffic to and from the Transvaal viâ Lourenço Marques.

22. The two governments, with respect to traffic of all descriptions for export oversea from the Transvaal through the port of Lourenço Marques, will mutually take such steps as may be considered expedient for facilitating and encouraging the same, and for this purpose they agree that the throughout railway rates

(a) from stations on the Central South African Railways within the competitive area,

(b) from stations between Germiston (including Pretoria) and Komati Poort,

(c) from stations on branch lines connecting either directly with the competitive area or with the through line from Germiston and from Pretoria to Lourenço Marques,

shall in no case be higher than those which are chargeable from such stations by any other export route, and that they shall be divided between the two railway administrations on a mileage basis unless the board hereinafter mentioned decides otherwise. Before such division is made there shall be deducted the terminal allowances now accruing to each administration under existing agreements or such other terminal allowances as may from time to time be mutually agreed upon. The charges of all descriptions at the said port for shipping and other services on such traffic shall in no case exceed the lowest charges on similar traffic exported through any port in South Africa having government railway communication with the interior.

23. In the event of it being found during the continuance of this convention that the gross tonnage of the seaborne goods traffic included in the normal, intermediate, and intermediate B classes combined or the gross tonnage of the seaborne goods traffic included in the remaining classes combined passing through the port of Lourenço Marques to the competitive area, as compared with the gross tonnage of such traffic by all routes combined, shall fall below fifty per cent., or rise above fiftyfive per cent., of the total gross tonnage of the respective combined classes referred to, then in the former case the government of the prov

ince, and in the latter case the Transvaal government shall have the right to claim the readjustment of railway rates. Such readjustment of rates shall be made as shall be calculated to restore as nearly as possible the percentage of such traffic within the limits provided for herein. Such readjustment shall take place if necessary every six months and the percentages shall be calculated at the end of June and December in each year. The competitive area shall mean the area between the stations Pretoria, Springs, Germiston, Vereeniging, Klerksdorp, inclusive, and seaborne goods traffic shall exclude traffic for the civil, mili tary, and railway authorities.

24. If shipping freights to or from any South African port on traffic to or from the Transvaal be so altered as to influence the course of oversea trade to or from the competitive area to a material extent, the two governments shall thereupon take such. action jointly and in consultation as they may consider most expedient to give effect to the provisions of the last preceding article.

25. If railway rates on traffic from Lourenço Marques to stations in the Transvaal require to be altered either for the purpose of maintaining the percentage of tonnage mentioned in article twenty-three or for any other cause, the alteration shall be arranged by the administration. of the C. S. A. R., after consultation with the administration of the C. F. L. M., and the rates so altered shall be divided between the two administrations in proportion to the division existing before such alteration.

The rates to be charged from Lourenço Marques over any new railway opened for working within the Transvaal after the date of this convention shall be arranged by the administration of the C. S. A. R., after consultation with the administration of the C. F. L. M., and shall, after the deduction of terminals at the amount obtaining for similar classes of traffic to stations on existing lines, be divided between the two administrations according to mileage; provided that the share of such rates. falling to the C. F. L. M., in division shall not without the concurrence of that administration, be less than the share reveived by it in respect of similar traffic to Johannesburg.

The division of railway rates on existing lines between the C. F. L. M. and C. S. A. R. administrations on traffic carried between Transvaal

1 C. S. A. R. is the abbreviation for Central South African Railways; C. F. L. M. for Caminhos de Ferro de Lourenço Marques.

and C. F. L. M. stations shall, unless otherwise agreed, continue as at present, and any new rates introduced on such lines shall be divided in the same manner; provided that if any alteration of such new rates takes place, the altered rates shall be divided between the two administrations in proportion to the division existing before such alteration.

The railway rates on the several classes of traffic from Lourenço Marques to stations east of Pretoria and to stations between Witbank and Brakpan and to stations east of Springs or the Springs-Breyten line shall not in any case be higher thar the rates to Pretoria, Brakpan, and Springs, respectively.

The rates from any other port on oversea traffic to the stations east of Pretoria, Brakpan or Springs, respectively, shall not be lower than the through rates from any such port to Pretoria, Brakpan, or Springs, respectively, plus the ordinary local rates for the time being chargeable for the distance between Pretoria, Brakpan, or Springs, respectively, and such stations.

The rates from Lourenço Marques on oversea traffic to the stations west of Klerksdorp, south of Vereeniging and beyond Germiston in the direction of Volksrust respectively shall not be lower than the through rates from Lourenço Marques to Klerksdorp, Vereeniging, or Germiston respectively plus the ordinary local rates for the time being chargeable for the distance between Klerksdorp, Vereeniging, or Germiston, respectively, and such stations.

26. For the purpose of better carrying out in detail the provisions of this part of this convention

(a) a joint board shall be constituted consisting of four delegates, two being representatives of the Transvaal government and two of the government of the province of Mozambique. One of the representatives of the government of the province shall be chairman of the board and shall preside at all meetings. Each delegate shall, subject to the approval of his government, have power to appoint one alternate delegate to act in his place while he is absent from any board meeting;

(b) the board shall have its head office at Lourenço Marques where all its meetings shall be held, unless otherwise agreed;

(c) a meeting of the board shall be deemed to be constituted if one delegate representing the Transvaal and one representing the province be present thereat;

(d) no decision or resolution of the board shall be valid unless