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No. XXXIII.

HIS EXCELLENCY the MOST NOBLE the MARQUIS WELLESLEY, KNIGHT of the MOST ILLUSTRIOUS ORDER of ST. PATRICK, one of HIS MAJESTY'S MOST HONOURABLE PRIVY COUNCILLORS Over all the BRITISH POSSESSIONS in the EAST INDIES, being desirous of entering into a TREATY of AMITY and COMMERCE with SULTAN AHMED BIN ABDOOL KUREEM, SULTAN of ADEN and its DEPENDENCIES, has named, on his part, SIR HOME POPHAM, KNIGHT of the MOST SOVEREIGN ORDER of ST. JOHN of JERUSALEM, and AMBASSADOR to the STATES of ARABIA; and the said SULTAN has named AHMED BASAIB, PRINCE of ADEN, who having both met, and being satisfied with each other's powers, have agreed to the following Articles for the mutual benefit of their respective nations, but subject to the final ratification of HIS EXCELLENCY the MOST NOBLE the GOVERNOR GENERAL of INDIA.-1802.

ARTICLE 1.

That there shall be a commercial union between the Honourable the East India Company, or such British subjects as may be authorized by the Governor General of India, and the subjects of Sultan Ahmed Abdool Kureem.

ARTICLE 2.

The Sultan agrees to consider the ports of Aden as open for the reception of all goods brought on British ships, which goods or merchandize are to pay a duty of two per cent. and no more, for the space of ten years on the invoice or manifest of the goods, and no other charges whatever are to be exacted for anchorage, weighing or custom-house fees, by the Sultan or any of his Officers.

ARTICLE 3.

After the aforesaid term of ten years is expired, then the duties are to be raised to three per cent. and never to be made higher by the Sultan, his heirs and successors, on pain of forfeiting the friendship and commercial intercourse of the British nation. The Sultan also binds himself not to make any other charges whatever on anchorage, weighing, or custom-house fees under the penalty before mentioned.

ARTICLE 4.

The same duties of two per cent. for the first ten years, and three per cent. for ever after, are also to be paid on all goods exported from Aden, which are the produce of the Sultan's territories, or the country surrounding them; and no other charges or demands whatever are to be made on those goods by the Sultan or any of his Officers.

ARTICLE 5.

If, however, any goods are purchased by the Honourable the Company, or any British subjects in the town or the port of Aden, the produce of Africa, Abyssinia or any other country, not in the possession of the Sultan, then no duty is to be paid, as it is to be considered that such goods have paid a duty on their first being landed, and consequently the Sultan agrees that they shall not pay duty a second time.

ARTICLE 6.

The British subjects who use the ports of Aden shall have the privilege of transacting their own business, and not be obliged to commit it to the arrangement of any other person, nor forced to use any broker or interpreter whatever, unless they shall please to do so; and then such broker or interpreter to be a person of their own choice, and not subject to any control on the part of the Sultan.

ARTICLE 7.

It shall be lawful and free for the subjects of the British nation to make over their property to whomsoever they please, without any control, either in health or in sickness; and if any person, being a British subject, should die suddenly and without a will, then the whole of his property, after paying his just debts to the subjects of the Sultan, is to be vested in trust in the hands of the British Resident. to be transmitted by him to the Supreme Government, or any other Presidency, for the benefit of his family and his lawful heirs.

ARTICLE 8.

That no dispute may hereafter arise about the person claiming the protection of the British flag, whether European or Native, a register shall be kept of all the British subjects residing at Aden, where every person having a certificate from either of the Presidencies in India shall, by that certificate, be registered in the office of the Cadi and the British Resident, and if he fails to register himself, he shall not be entitled to the benefits contained in the seventh Article.

ARTICLE 9.

The benefit resulting from the seventh Article is to be considered as extending to any travelling merchants, or supercargoes, being subjects of the British Government, and the crews of all the ships navigating under the

British flag, upon a certificate being produced from the Commander of such ships to which they belonged at the time of making a will, or dying without

one.

ARTICLE 10.

The Sultan binds himself, his heirs and successors, to give every assistance in his power to recover the debts due from any of his subjects to the British subjects; and that after three months from the time that any British subject shall send his demand to the Cadi for his assistance and prove a just debt, that then, if it is not paid, the Cadi shall have the power to order the property of the debtor to be seized and sold for the benefit of the creditor, but if the person owing the debt to the British subject has no property, then the Cadi shall confine him in gaol till some arrangement is made which is satisfactory to the British Government.

ARTICLE 11.

If any disputes arise between registered British subjects, they are to be referred to the British Resident, who is to give his award according to the best of his judgment, founded on the laws of his own country. This award to be final in any case not exceeding two thousand dollars; but above that sum it is to be subject to an appeal in the different Presidencies of India. If, however, either party refuses to comply with this award, then the Sultan is to give power to the Cadi to imprison the party, according to the request of the Resident. This Article is introduced for the purpose of establishing the most perfect regularity and harmony between the registered subjects of the British nation and those of the Sultan.

ARTICLE 12.

All disputes between the subjects of the Sultan and those of the British nation are to be settled by the established laws of the country.

ARTICLE 13.

The Sultan agrees, for the consideration of dollars, to give over a piece of ground on the west side of the town of yards by yards, for the use and purpose of the British nation, on which the Company may erect any house or building, and completely wall it in if it shall be judged necessary to do so; and the Sultan agrees to prevent any building whatever from being made within twenty yards in front of the said Company's wall or fifteen yards on either side.

ARTICLE 14.

The British nation not to be subject to any indignities, and to have free permission to enter the town by any gate or direction, and ride or use, without the least molestation whatever, either horse, mule, ass or any other beast which they may think proper.

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ARTICLE 15.

If any soldier or British subject, not being a Mahomedan, should desert and go to the Cadi or other Officer of Government and offer to embrace the Mussulman religion, then the Cadi is to make a report to the Resident that he may claim him as a British subject; but if no claim is made after the expiration of three days from the time the report is made by the Cadi or other Officer, he is to act as he pleases with the person who so deserts from his own country. ARTICLE 16.

The Sultan to give over a peace of ground as a public burying-place for all the British subjects who may die in the territories of the Sultan, and no charge to be made for the interment of any person except such as shall be agreed on for those who assist in the funeral.

ARTICLE 17.

Any other Articles which may be proposed by either of the parties and mutually agreed on may be hereafter entered in this Treaty, and the Ambassador on the part of the British Government is ready to convey any further proposition from the Sultan to the Governor General, or enter into a contract for the purchase of any quantity of coffee, or the delivery of any British goods, on the prices which may be mutually agreed on.

The above-written seventeen Articles of Treaty having been read and mutually considered by the Plenipotentiaries on both sides and the Sultan, the Sultan has put his hand and seal to a true copy in Arabic, and the British Ambassador has set his hand and seal to this English copy, on board of His Majesty's Ship the Ranney in Aden Roads, this 6th day of September 1802. НОМЕ РОРНАМ.

(Sd.)

No. XXXIV.

TREATY of FRIENDSHIP between the ABDALEES and ENGLISH signed by SULTAN MUHSIN's accredited AGENT and SON-INLAW-1839.

Bismillah Ir-Rehman Ir-Rebim Be Minnet Allah!

From this day and the future, Syud Mahomed Houssain bin Wais bin Hamed Suffrain gives this promise to Commander Haines, gentleman, on his own head in the presence of God, that there shall be friendship and peace, and everything good between the English and Abdalees. I promise no wrong

or insult shall be done, but it shall be peace and the British Government agree to the same. Sultan Muhsin and all interior Sultans agree to this, and I am responsible; all those even on the roads to the interior shall be kept from molesting any one by me, as they were when Sultan Muhsin possessed Aden. This is agreed upon between me and Commander Haines on the part of Government, and I promise to do even more than I have hitherto done, please God. I require respect from Commander Haines in return, and more than before if possible.

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TREATY between SULTAN MUHSIN and his CHILDREN and the ENGLISH through his accredited AGENT-1839.

This Treaty is formed between Syud Mahomed Houssain and Hassan Khateeb on account of the Sultan of Lahej and Commander Haines, the Agent to the Government.

On the word and promise of Sultan Muhsin, I promise that no insult or molestation shall take place on the road, or between the English and my people, and that all shall be peace and quietness; and I agree that between my people and your people there shall be no difference or oppression, and that the English agree that all shall be peace, and that all merchants shall be free to trade without oppression.

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Approved by the Bombay Government on 23rd February 1839.

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