[Poland.]

Governments, shall have neglected, at the expiration of the said term of one year, to make the declaration of his fixed abode, he shall be considered as being the subject of the Power in whose states he last resided, his silence in this case being considered a tacit declaration.

Power of mixed Proprietor to change Domicile within eight years.

ART. XII. Every individual possessing property under both Governments, having once declared his place of abode, shall, nevertheless, retain during the term of eight years, dating from the day of the ratification of the present Treaty, the liberty of settling under another Government, upon making a new declaration of his abode, and upon producing the permission of the Power under whose Government he wishes to settle.

Right of mixed Proprietor to retain Property in States of a Sovereign of whom he is not a Subject.

ART. XIII. Any individual possessing property, and circumstanced as above, who has made his declaration of abode, or who is considered as having made it, conformably to the stipulations of Article XI, is not obliged to sell, at any period whatever, the property which he may possess in the states of a Sovereign of whom he is not a subject. He shall enjoy, with regard to this property, all the rights which attach to possession. He shall be allowed to expend the revenues thereof in the country where he has chosen his residence, without being subject to any drawback at the time of exportation, and he may dispose of the said possessions, and remove the value thereof, without any impediment whatever.

Extent of Privilege of retaining Property.

ART. XIV. The privileges mentioned in the preceding Article extend solely to the property which such individual may possess at the time of the ratification of the present Treaty.

Acquisition of Property by Inheritance, &c.

ART. XV. The same privileges are, however, attached to every acquisition made under either Government by reason of inheritance, marriage, or gift of an estate, which at the date of the ratification of the present Treaty shall finally belong to a possessor under both Governments.

[Poland.]

Acquisition of Property by Inheritance, &c.

ART. XVI. Should any individual, previously possessing property under one Government only, become entitled, by inheritance, legacy, gift, or marriage, to any property under the other Government, he shall be considered as a possessor under both Governments, and shall be required to declare his place of abode in the prescribed term of a year. This term shall be dated from the day on which he shall have produced the legal proofs of his new acquisition.

Freedom of Transit of mixed Proprietors.

ART. XVII. Any individual possessing property under both Governments, or his agent, shall be at liberty, at all times, to proceed from one of his possessions to the other; and it is the pleasure of the two Courts that the Governor of the nearest province shall grant the necessary passports for this purpose, on application of the parties. These passports shall be deemed sufficient authority for passing from one Government to the other, and shall be mutually respected.

Treatment of Proprietors of Estates divided by Frontier.

ART. XVIII. Possessors whose Estates are divided by the frontier, shall be treated, in regard to such possessions, on the most liberal principles.

Possessors under both Governments, their servants and tenants, shall have the liberty of passing and repassing, with their implements of husbandry, their cattle, utensils, &c., from one part of the estate, thus separated by the frontier, to the other, the difference of sovereignty being no impediment thereto; as well as of removing from one place to the other their harvests, all productions of the soil, their cattle, and all manufactured articles, without passports, molestation, rent or impost, or duty whatever. This favour, however, shall be limited to articles of growth or of industry in the territory thus separated by the line of demarcation. It shall likewise extend to such lands only as belong to the same individual, in the defined distance of a mile (15 to a degree) on each side of the frontier line.

Privileges of Shepherds and Drovers.

ART. XIX. The Shepherds and Drovers, subjects of both Powers, shall continue to enjoy the rights, immunities, and privi

[Poland.]

leges which were formerly granted to them; nor shall any obstacle be thrown in the way of the daily communications between the inhabitants of the borders (Gränz-Verkehr).

Decisions in cases of Difference.

ART. XX. The Domiciliary Court shall likewise decide Differences which may arise between any individual and the Governor of those Territories, but it is the Chief Court of the Territory wherein the Property in litigation is situated which shall cause the sentence emanating from the former Court to be put in execution.

This Regulation shall be in force for the term of ten years, at the expiration of which the two High Powers reserve to themselves the right of making any other Regulation that may be necessary.

Sovereignty of Mills, Manufactories, or Foundries in States

bordering on Rivers.

ART. XXI. The sovereignty of Mills, Manufactories, or Foundries, established upon a River constituting the Frontier line, shall be exercised by the Sovereign of the Territory in which the village or place shall be situated, to which such establishment may belong.

In the event of their constituting private property, the Commissioners who shall be charged with the demarcation of the line of frontier shall determine, according to locality and the principles of equity, what shall be proper, as to the sovereignty.

It is expressly understood that new establishments of this description shall not be formed without the mutual consent of the Governments of the respective States bordering on the Rivers.

Freedom of Navigation of Rivers and Canals of Ancient Poland.

ART. XXII. *The Navigation of all Rivers and Canals in all parts of ancient Poland (as it existed in the year 1772) along their whole extent, as far as their mouths, as well in going up as in coming down, whether those Rivers be navigable at present or become so in future, as well as Canals which may be hereafter cut, shall be free, so as not to be interdicted to any inhabitant of

* See Vienna Congress Treaty of 9th June, 1815, Art. XIV.

[Poland.]

the Polish provinces under the Russian and Prussian Governments.

The same principles established in favour of the subjects of the two High Powers shall apply to the trade they carry on; it being understood that they refer to those parts only at which they may arrive by the said Streams, Rivers, and Canals, or by the Haff, in order to enter the port of Königsberg.

Rivers. Common Right of Towage and Landing.

ART. XXIII. *The Tonnage and Towage Duties on the banks of Streams, Rivers, and Canals shall be levied equally on the subjects of the two Powers.

Boatmen shall nevertheless conform to the regulations of the police with regard to the interior navigation.

Rivers. Single Duty on Rivers and Canals.

ART. XXIV. *In order to secure still further the freedom of navigation, and to remove every obstacle thereto for the future, the two High Contracting Parties agree to establish only one kind of duty on navigation, levied according to the burthen, the tonnage, or the lading of the vessel. Commissioners shall be respectively appointed to regulate this duty, which shall be levied at a very moderate rate, to be applied solely to the keeping the Rivers and Canals in a navigable state. This duty, once approved by the two Courts, cannot again be altered but by common consent. The same rule shall be observed with regard to the Boards which are to settle the collection of those duties. The rate thus established shall be collected on the territory of each of the two Contracting Powers, on their respective account. If, however, either of the two Contracting Powers should cut, at their own expense, a new Canal, the subjects of His Prussian Majesty shall never be liable to higher duties on navigation than those of His Majesty the Emperor of all the Russias.

In this respect both the parties shall be placed upon a perfect equality.

Rivers. Abolition of Staple and other Duties.

ART. XXV. *In consequence of the principle laid down in the preceding Article, all oppressive duties of Entrepôt, of Staple, of

* See Vienna Congress Treaty of 9th June, 1815, Art. XIV.

[Poland.]

breaking bulk, and others of a like nature, which may have been injurious to the free navigation of the said Rivers and Canals, shall be for ever abolished throughout their whole extent.

Local Rights and Privileges of Towns and Ports.

ART. XXVI. With regard to the Rights and Privileges of certain Towns and Ports, which might affect the rights of Property, and which would consequently be contrary to the principles reciprocally adopted, it has been agreed that they shall be examined by a Board of Commissioners, appointed by the two Courts, to determine which shall be abolished, and to give that freedom and activity to commerce which is necessary to its prosperity.

The Commissioners for this purpose shall be nominated forthwith, and their operations shall be completed and approved six months, at latest, after the date of the ratification of the present Treaty.

Appointment of Consuls and Commercial Agents.

ART. XXVII. Each Power shall be at liberty to accredit to the other, Consuls, or Commercial Agents, on condition, however, that they shall be recognized according to the usual forms.

Freedom of Trade between Polish Provinces of 1772 in respect of Produce and Manufactures.

ART. XXVIII. In order to promote Agriculture as much as possible in all parts of ancient Poland, to encourage the Industry of its inhabitants, and to insure their prosperity, the two High Contracting Parties have agreed, that their paternal and beneficent views in this respect may be clearly understood, that the most unlimited circulation, for the future and for ever, of all articles of growth and industry, shall be permitted throughout their Polish provinces (as it existed in 1772). The Commissioners appointed to make the arrangements, conformable to the stipulations of Article XXVI, shall likewise determine, in the prescribed term of six months, the Tariff of Duties on the import and export of all articles of produce and manufacture in the above-mentioned provinces. This duty shall not exceed 10 per cent., which is to be levied on the value of the merchandise at the place of its departure. If the two Courts should think proper respectively to establish a duty on the importation of grain, it shall be fixed at the most moderate rate by the said Commissioners, according to the