SHEHR AND MOKALLA.

APPENDIX No. 10-Page 109.

AGREEMENT MADE BETWEEN THE NAKIB OF MOKALLA AND THE KAITIS.

Praise be to God!

On Wednesday, the 3rd of Rajab 1290, the Honourable Abdulla and Salih and Awadth, sons of Omar-bin-Awadh-al Kaiti, purchased and became the owners of half of the Bandar Mokalla, with all its fortifications, and half of the Bandar Buram from Nakib Omar and Nakib Muhammad, sons of the late Nakib Salah, for the sum of $2,40,000. Out of this was deducted $1,60,000, which was due by their father (the late Nakib) to the Kaiti, the remaining $80,000 was paid to them. The total value amounts to $2,40,000, half of which is $1,20,000. The above-mentioned Nakib Omar and Nakib Muhammad, sons of the late Nakib Salah, have already sold half of the Bandar of Mokalla and half of Buram as has been said above with all their rights, internal and external. This sale is quite fixed upon those whose names have been mentioned above, viz., Abdalla and Salih and Awadth-bin-Omar. This sale has paid off all the debts that were upon the late Nakib Salah-binMuhammad. There is nothing now remaining of this debt. If any claim is advanced, it will be null and void. They have settled that Nakib Omar is to be Governor of Mokalla and to do justice according to the Muhammadan law, and to order for good and prevent evil, and not to oppress the subjects and others. If any quarrel should arise among the seafaring men, they are to be sent to those of their own class. In all cases relating to law, justice to be done according to the Muhammadan law. All mercantile cases to be sent to the merchants for trial. Khairulla, the slave of the late Nakib Salah, is to do all work relating to the Bazar. Nakib Omar is to govern according to justice in all small cases, and in cases of importance he should consult with any one of the sons of Omar-bin-Awadth. If all of them are absent, then to consult with their Agents. Nakib Omar cannot settle anything without their consultation, nor can he write any correspondence with the High Ottoman Governments or its officers, neither to the English Government or its officers, also not with any other power, without consulting the Kaiti people or their Agents. He also cannot have interviews with any of the above-mentioned Governments without their or their Agent's presence. Their opinion and their voice should be one. Nakib Omar cannot do anything without their consultation. If he were to do violence to any person, the Kaiti or their Agents should give him advice. If he does not hear their advice, they can prevent his acting without right. The Kaiti can put their garrison in half of the Mokalla forts, and can also put their soldiers in the house called Najdi, situated near the northern fort and the eastern fort, and also in forts situated out of Mokalla, viz., Bakarain and Thamaj, and Nakib Omar can keep his garrison in forts Nakan

and Dis, and all the other remaining forts are to be divided equally. The Kaiti can put their garrison in Bandar Buram on account of their half-right. Nakib Omar should give them house. The Kaiti can build houses for themselves and put clerks in the Custom House and the gate to keep accounts of exports and imports. All the revenue arising from the tax or other things is to be divided equally. The Kaiti can reside in the house of Nakib Abdulla for one year until he may build one for himself. These agreements for the sale have been made with each other's consent without force and compulsion. The Nakib Omar and Nakib Muhammad bave got possession of the amount of the value, and have given permission to those men whose names have been meutioned below to be witnesses of this :

On Wednesday, the 3rd of Rajab 1290, the Honourable Abdulla Salih and Awadth, sons of Omar bin Awadth-al-Kaiti, and Nakib Omar and Nakib Muhammad, sons of the late Nakib Salah, have joined together to assist one another and to obey the Muhammadan law. They swear before God that each will behave honestly towards the other and will order for good and prevent evil. They should have one and the same friends and one and the same enemies. Mokalla is between the Kasadi and Kaiti, Shibr and Mokalla are one, and Hadthramut and the sea-coast are one. He who is an enemy to the Kaiti is an enemy of the Kasadi, and he who is an enemy of the Kasadis is an enemy of the Kaiti; the one is not to give refuge to the enemy of the other; but if the Kaiti see that it is good to settle with an enemy he can do so. If the Kaiti have a claim against any one, he is to get it if the things claimed are not burnt or destroyed. Kaiti are to be as fathers and Kasadis to be as sons and attendThe Kasadis are to obey the directions of the Kaiti. are one, and each should do good to the other and prevent evil. is not to keep friendship with the Kathiris and the Aulakis but Kaiti. The agreement that had been made between the late

ants.

Both parties Nakib Omar through the Nakib Salah

and Awadth-bin-Omar the Kaiti is approved by Nakib Omar, except about the money mentioned in the agreement which has been paid off by the sale of the half of Mokalla, which also is mentioned in the agreement. Both parties agreed without force and compulsion to this before God.

Nakib Abdul Habib-ul-Kasadi and others.

We, the undersigned, agree to this, and we would go against those who would act contrary to the above agreement; but he who would call us shall be liable to the expenses according to custom.

Signed by about thirty Shaikhs of the Upper Yafii.

ZANZIBAR.

APPENDIX No. 11.-Page 232.

TREATY OF AMITY, COMMERCE, and NAVIGATION between the SENATES of the HANSEATIC REPUBLICS of LUBECK, BREMEN, and HAMBURG and HIS HIGHNESS SYUD MAJID BIN SYUD, SULTAN of ZANZIBAR, concluded at Zanzibar, the 13th of June 1859. His Highness Syud Majid bin Syud, Sultan of Zanzibar and his dependencies, having in consideration of the extensive and fast increasing trade and navigation between the Hanseatic Republics of Lubeck, Bremen, and Hamburg and his own dominions, most graciously accepted the proposals of the Senates of the said Republics for negotiating a Treaty of Amity, Commerce, and Navigation for the support of mutual welfare and mutual commercial interest, the Senates of the Hanseatic Republies of Lubeck, Bremen, and Hamburg have accordingly appointed as their Plenipotentiary William Henry O'Swald, Junior, Esquire, a citizen of the Hanseatic Republic of Hamburg, and actually residing in the city of Zanzibar, Island of Zanzibar; and the Sultan of Zanzibar, Syud Majid bin Syud, has resolved personally to carry on negotiations with the said Plenipotentiary, the Plenipotentiary of the above-mentioned Hanseatic Republics having represented to His Highness the Sultan of Zanzibar that he is vested with the requisite powers, the following Treaty has been concluded with the consent of both the high contracting parties:

ARTICLE 1.

There shall be perpetual peace and amity between the Hanseatic Republics of Lubeck, Bremen, and Hamburg and His Highness Syud Majid bin Syud, Sultan of Zanzibar.

ARTICLE 2.

The citizens of the Hanseatic Republics of Lubeck, Bremen, and Hamburg shall have the liberty to enter all the ports of His Highness Syud Majid bin Syud, Sultan of Zanzibar, with their cargoes, of whatever kind the said cargoes may consist, and they shall have liberty to sell the same to any of the subjects of the Sultan, or others who may wish to buy the same, or to barter the same for any produce or manufactures of the kingdom, or other articles that may be found there. No price shall be fixed by His Highness the Sultan or his officers on the articles to be sold by the merchants of the before-mentioned Hanseatic Republics, or the merchandize they may wish to purchase but the trade shall be free on both sides to sell or buy or exchange on the terms, and for the prices, the owner may think fit; and whenever the said citizens of the said Hanseatic Republics may think fit to depart they shall be at liberty so to do, and if any officer of His Highness the Sultan shall contravene this Article he shall be severely punished.

ARTICLE 3.

Vessels of the Hanseatic Republics of Lubeck, Bremen, and Hamburg entering the port of Zanzibar, or any other port within His Highness the Sultan's dominions, shall pay no more than five per cent. duties on the cargo landed, and this shall be as a full equivalent and in lieu of all other import and export duties; tonnage dues; licenses to trade; pilotage; anchorage; or any other charges whatever.

Nor shall any duty or charge he paid on that part of the cargo which may remain on board unsold and re-exported. Nor shall any charge whatever be paid on any vessel of the Hanseatic Republics, which may enter any of the ports of His Highness the Sultan's dominions, for the purpose of refitting, or for refreshments or to enquire the state of the market.

And it is also well understood and agreed upon as follows:-Should any vessel of the Hanseatic Republics of Lubeck, Bremen, and Hamburg, whether she has been loaded before in Zanzibar or in any other port within His Highness the Sultan's dominions, or in any foreign port, be obliged to return to, or enter any port within His Highness the Sultan's dominions, for the purpose of repairing the ship's damages, sustained at sea by stress of weather or by some other accident of the seas, and thereby be obliged to unload her cargo, such vessels shall be permitted to land her said cargo free of duty, and shall pay no duty whatever on such cargo landed, provided it be re-shipped either on board the said vessel or on board any other vessel, should the sea-damaged vessel be condemned.

ARTICLE 4.

His Highness the Sultan of Zanzibar hereby engages not to permit the establishment of any monopoly or exclusive privilege of sale within his dominions; except in the articles of ivory and gum copal, in that part of the East Coast of Africa, from the port of Tangate, situated in about 5 degrees of South Latitude to the port of Quali lying in about seven degrees south of the Equator, both ports inclusive; but in all other ports and places in His Highness the Sultan's dominions, there shall be no monopoly whatever; but the citizens of the Hanseatic Republics of Lubeck, Bremen, and Hamburg shall be at liberty to buy and sell with perfect freedom, from whomsoever and to whomsoever they choose, subject to no other duty by Government than that before mentioned.

ARTICLE 5.

The citizens of the Hanseatic Republics of Lubeck, Bremen, and Hamburg shall enjoy all the privileges and advantages with respect to commerce or otherwise, which are or may be accorded to the subjects or citizens of the most favored nation, and particularly pay no other duties on export or import; tonnage; license to trade; or any other charge whatsoever than the nation the most favored shall pay.

ARTICLE 6.

Should a vessel of the Hanseatic Republics of Lubeck, Bremen, and Hamburg enter a port in the dominions of His Highness the Sultan of Zanzibar