Treaty with Spain (France and Spain.)

have the same rights (except political rights) and the same privileges which are or shall be granted to native or naturalized subjects, upon condition, however, of their submitting with regard thereto, to the laws of the country where they reside.

They shall, consequently, have free and easy access to the Courts of Justice, both for claiming and for defending their rights to all the degrees of jurisdiction, established by law. They shall be entitled to employ, in the Courts of every instance, advocates, solicitors, and agents of every kind, according as they may deem expedient, and in fine they shall, in this respect, enjoy the same rights and advantages as are accorded or may hereafter be accorded to native subjects.

ARTICLE IV.

Spaniards in France and Frenchmen in Spain shall be liable to pay both the ordinary and extraordinary taxes due upon the immovable pro perty possessed by them in the country of their residence and upon the profession or industry which they carry on, provided always that the same be in accordance with the general laws and regulations of the respective States. They shall equally, with the natives, be subject to burdens and levies in kind, as well as to municipal, urban, provincial and departmental taxes to which their movable property, their profession or industry may render them liable.

Moreover, Spaniards in France and Frenchmen in Spain shall be exempt from any war tax, advance payment of ordinary imposts, from loans and credits, and any other extraordinary tax whatever, which may be established in either of the two countries on account of exceptional circumstances, except when such burdens are imposed upon landed property.

They shall likewise be exempt from all municipal duty or employment, and from all personal service, whether in the army or navy, or the National Guard, and also from all requisition to perform military service,

ARTICLE V.

The native or naturalized subjects of the two States shall be entitled to dispose at their discretion, by donation, sale, exchange, will, or in any other manner, of all the property which they possess in the respective territories, and to withdraw their whole capital from the country. The native or naturalized subjects of either of the two States, capable of inheriting property situate in the other, shall be entitled to take possession, without hindrance, of the property coming to them by law, even ab intestato, and the said heirs or legatees shall not be obliged to pay other or higher succession duties than such as would be imposed in similar cases upon the natives of the country where the property is.

ARTICLE VI.

The native or naturalized subjects of the two High Contracting Parties shall not be, on either side, liable to any embargo, nor to be detained with

VOL. I-D

their

Treaty with Spain (France and Spain.)

their vessels, crews, vehicles, and commercial effects of whatever kind, for any military expedition, nor for any public service, without a previously agreed on indemnity being granted to the interested parties. They shall, however, be liable to requisitions for transport (baggage); but in this case they shall be entitled to the remuneration officially fixed by the competent authority in each province, department or locality for the natives.

ARTICLE VII.

Spaniards in France and, reciprocally, Frenchmen in Spain shall enjoy the same protection as native subjects in all that concerns property in manufacturers' and trade marks and in designs and industrial and manufacturers' models of all kinds.

The exclusive right of using a design or manufacturer's or industrial model shall not extend to Spaniards in France, or, reciprocally, to Frenchmen in Spain for a period longer than that fixed by the law of the country for its own subjects.

If the design or the industrial or manufacturer's model be in common use in the country of origin, a right to its exclusive use shall not be acquirable in the other country.

The provisions of the two preceding paragraphs shall be equally applicable to manufacturers' and trade marks.

The rights of Spaniards in France and, reciprocally, of Frenchmen in Spain shall not be subject to the obligation to work ("utilizar") the industrial or manufacturers' models or designs either in France or in Spain.

ARTICLE VIII.

Subjects or nationalized subjects of one of the countries, who desire to secure in the other country property in a mark, a model, or a design, shall comply with the formalities respectively prescribed for that purpose by the law of the two countries.

The manufacturers' marks to which this and the preceding Article shall be held to apply are those which have been legitimately acquired in the two countries by the manufacturers or merchants using the same, that is to say, the character or nature of a French manufacturer's mark shall be judged according to the French law, and in the same way a Spanish mark shall be judged according to the Spanish law.

ARTICLE IX.

Spanish manufacturers and merchants, and also commercial travellers, travelling in France on the business of a Spanish house, and, reciprocally, French manufacturers, traders, and commercial travellers, travelling in Spain in the interest of a French house, shall be entitled to effect, without thereby being subjected, either in France or Spain, to any duty, purchases requisite for their trade, and to book orders with or without samples, but without carrying about merchandise.

ARTICLE

Treaty with Spain (France and Spain.)

ARTICLE X.

Objects liable to import duty, which are used as samples and are imported into Spain by French manufacturers, merchants, or commercial travellers, and into France by Spanish manufacturers, merchants or commercial travellers, shall on either side be temporarily admitted free, provided the Customs formalities are duly complied with, which are required to insure their re-exportation, or their return to bond. These formalities shall be agreed upon by the two Governments.

ARTICLE XI.

The objects of Spanish origin or manufacture enumerated in the Tariff A, annexed to the present Treaty, and imported directly by either land or sea, shall be admitted into France at the duties fixed by the said Tariff and the notes therein inscribed, all additional duties being included in the said duties.

The objects of French origin or manufacture enumerated in Tariff B, annexed to the present Treaty, and imported directly either by land or sea, shall be admitted into Spain at the duties fixed by the said Tariff and the notes therein inscribed, all additional duties being included in the said duties.

It is understood, on the one part, that the exemptions inscribed in the Spanish General Tariff shall be maintained, and that, on the other part, the duties at present inscribed in the second column of the said Tariff cannot be increased in so far as they apply to the articles which are free under the Tariff A, annexed to the present Treaty.

ARTICLE XII.

The duties on exports from either of the two States to the other shall be levied in conformity with Tariffs C and D, annexed to the present Treaty. The products not specified in these two Tariffs may not be made subject to duties or interdicted from exportation except in case of war, and only for merchandise considered as articles of warfare.

In order to facilitate the transport of agricultural produce on the frontier of the two countries, cereals in sheaf or in ear, hay, straw, and green forage, may be imported and exported reciprocally, free from duty.

ARTICLE XIII.

Goods of whatever kind crossing the two countries shall pay no transit duty.

The transit of counterfeit goods or fraudulent re-production is prohibited.

The transit of gunpowder, arms, and munitions of war may likewise be forbidden or allowed only on special authorization.

ARTICLE XIV.

Each of the two High Contracting Parties engages to accord to the other, immediately and without compensation, every favor, all privileges,

Treaty with Spain (France and Spain.)

or reductions in the import and export Tariff of duties upon articles, whether mentioned or not in the present Treaty, which either has granted or may hereafter grant to a third Power.

The High Contracting Parties further engage not to establish the one against the other any import or export duty or prohibition which shall not at the same time be applicable to all other nations.

The most-favored-nation treatment is reciprocally guaranteed to each of the High Contracting Parties, in respect of everything relating to the consumption, warehousing, re-exportation, transit, and transhipment of merchandise, and trade and navigation in general.

ARTICLE XV.

The principle recognized in the preceding Article is not applicable— 1. To the importation, exportation, and transit of merchandise, which is or may become the object of State monopoly.

2. To merchandise, whether specified or not in the present Treaty, in regard of which one of the High Contracting Parties should deem necessary to establish temporary prohibitions or restrictions, with regard to importation or transit, for sanitary reasons, for opposing the spread of cattle diseases or destruction of crops, or on account of and in view of warlike events.

ARTICLE XVI.

The repayment of duties ("drawbacks") now existing or which may be established on the exportation of Spanish products, and, reciprocally, the return of duties (drawbacks") established on the exportation of French products shall be the exact equivalent of the excise charges or taxes levied on the consumption of the said articles or the materials employed in their manufacture.

ARTICLE XVII.

Merchandise of any kind having origin in either of the two countries and imported into the other, shall not be liable to higher excise dues or taxes on their consumption than those imposed, or which may be imposed, upon similar merchandise of home production.

Import duties may, however, be increased by an amount equivalent to the sums which, on account of expenses thrown on the home producers, in consequence of the tax on manufacture (excise), is levied on them under that heading.

ARTICLE XVIII.

The Spanish Government guarantees that French products shall not in any case be subjected, by any provinces, communes, establishments, or corporations, to taxes on consumption or to any other imposts of any denomination whatsoever, other or higher than those to which the products of the country are liable; and the French Government, on its part, guarantees

that

Treaty with Spain (France and Spain)

that the products of Spain shall not be subjected, by any departments, communes, establishments, or corporations, to taxes on consumption, or to any other imposts of any denomination whatsoever other or higher than those to which the products of the country are subject.

ARTICLE XIX.

Silversmiths' and jewellers' wares in gold and silver imported from one of the countries shall be submitted in the other to the assay instituted for similar articles of native manufacture, and shall be liable, upon the same footing as the latter, to the dues for assay marks.

ARTICLE XX.

Each of the two High Contracting Parties may insist that the importer, in order to prove that the products belong by origin or manufacture to the other country, shall present at the Customs office of the country to which they are imported an official declaration, setting forth the circumstances, made by the producer or manufacturer of the merchandise or by any other person duly authorized by him, before the local authorities of the place of production or depôt; the respective consuls or consular agents shall certify, free of all expense, to the signatures of the local authorities.

ARTICLE XXI.

Spanish vessels, laden or not, and their cargoes in France or Algiers and French vessels, laden or not, and their cargoes in Spain, upon their arrival from any port, whatever the place of the origin or of the destination of their cargo, shall, in every respect, upon their entry, during their stay and at their departure, enjoy the same treatinent as the native vessels and their cargoes.

ARTICLE XXII.

Spanish vessels entering a port of France and, reciprocally, French Vessels entering a port of Spain, intending to unlade in such port only a portion of their cargo, shall, provided they conform to the laws and regulations of the respective States, be entitled to retain on board the portion of their cargo shipped for another port, whether of the same or of another country, and to re-export it without being compelled to pay upon such portion of their cargo any Customs duty except that of surveillance, and the same shall be at the rate fixed for native shipping.

ARTICLE XXIII.

Wholly exempt from shipping, harbor, tonnage, and clearance dues in the ports of either party, are:

1. Vessels, from whatever port, who enter in ballast and leave in ballast.

2. Vessels which, passing from a port of one of the two States into one or more ports of the same State, either to unlade there the whole or a

portion