ARTICLE 33 This authorization granted shall be renewed every year. It may at any time be suspended or withdrawn by the authorities of the Power whose colors the vessel carries. ARTICLE 34 The act of authorization shall contain the statements necessary to establish the identity of the vessel. The captain shall have the keeping thereof. The name of the native vessel and the amount of its tonnage shall be cut and painted in Latin characters on the stern, and the initial or initials of the name of the port of registry, as well as the registration number in the series of the numbers of that port, shall be printed in black on the sails. ARTICLE 35 A list of the crew shall be issued to the captain of the vessel at the port of departure by the authorities of the Power whose colors it carries. It shall be renewed at every fresh venture of the vessel, or, at the latest, at the end of a year, and in accordance with the following provisions : 1. The vessel shall be visaed at the departure of the vessel by the authority that has issued it. 2. No negro can be engaged as a seaman on a vessel without having previously been questioned by the authority of the Power whose colors it carries, or, in default thereof, by the territorial authority with a view to ascertaining the fact of his having contracted a free engage ment. 3. This authority shall see that the proportion of seamen and boys is not out of proportion to the tonnage or rigging. 4. The authorities who shall have questioned the men before their departure shall enter them on the list of the crew in which they shall be mentioned with a summary description of each of them alongside his name. 5. In order the more effectively to prevent any substitution, the seamen may, moreover, be provided with a distinctive mark. ARTICLE 36 When the captain of a vessel shall desire to take negro passengers on board, he shall make his declaration to that effect to the authority of the Power whose colors he carries, or in default thereof, to the territorial authority. The passengers shall be questioned, and after it has been ascertained that they embarked of their own free will, they shall be entered in a special manifest, bearing the description of each of them alongside of his name, and specially sex and height. Negro children shall not be taken as passengers unless they are accompanied by their relations, or by persons whose respectability is well known. At the departure, the passenger roll shall be visaed by the aforesaid authority after it has been called. If there are no passengers on board, this shall be specially mentioned in the crew-list. ARTICLE 37 At the arrival at any port of call or of destination, the captain of the vessel shall show to the authority of the Power whose flag he carries, or, in default thereof, to the territorial authority, the crewlist, and, if need be, the passenger-roll previously delivered. The authority shall check the passengers who have reached their destination or who are stopping in a port of call, and shall mention their landing in the roll. At the departure of the vessel, the same authority shall affix a fresh visa to the list and roll, and call the roll of the passengers. ARTICLE 38 On the African coast and on the adjacent islands, no negro passengers shall be taken on board of a native vessel, except in localities where there is a resident authority belonging to one of the signatory Powers. Throughout the extent of the zone mentioned in Article 21, no negro passenger shall be landed from a native vessel except at a place in which there is a resident officer belonging to one of the high contracting Powers, and unless such officer is present at the landing. Cases of force majeure that may have caused an infraction of these provisions shall be examined by the authority of the Power whose colors the vessel carries, or, in default thereof, by the territorial authority of the port at which the vessel in question calls. ARTICLE 39 The provisions of Articles 35, 36, 37, and 38 are not applicable to vessels only partially decked, having a crew not exceeding ten men, and fulfilling one of the two following conditions: 1. That it be exclusively used for fishing within the territorial waters. 2. That it be occupied in the petty coasting trade between the different ports of the same territorial Power, without going further than five miles from the coast. These different boats shall receive, as the case may be, a special license from the territorial or consular authority, which shall be renewed every year, and subject to revocation as provided in Article 40, the uniform model of which license is annexed to the present General Act and shall be communicated to the international information office. ARTICLE 40 Any act or attempted act connected with the slave trade that can be legally shown to have been committed by the captain, fitter-out, or owner of a ship authorized to carry the flag of one of the signatory Powers, or having procured the license provided for in Article 39, shall entail the immediate withdrawal of the said authorization or license. All violations of the provisions of section 2 of Chapter III shall render the person guilty thereof liable to the penalties provided by the special laws and ordinances of each of the contracting Parties. ARTICLE 41 The signatory Powers engage to deposit at the international information office the specimen forms of the following documents: 1. License to carry the flag; 2. The crew-list; 3. The negro passenger list. These documents, the tenor of which may vary according to the different regulations of each country, shall necessarily contain the following particulars, drawn up in one of the European languages: 1. As regards the authorization to carry the flag: (a) The name, tonnage, rig, and the principal dimensions of the vessel; (b) The register number and the signal letter of the port of registry; (c) The date of obtaining the license, and the office held by the person who issued it. 2. As regards the list of the crew: (a) The name of the vessel, of the captain and the fitter-out or owner; (b) The tonnage of the vessel; (c) The register number and the port of registry, its destination, ast well as the particulars specified in Article 25. 3. As regards the list of negro passengers: The name of the vessel which conveys them, and the particulars indicated in Article 36, for the proper identification of the passengers. The signatory Powers shall take the necessary measures so that the territorial authorities or their consuls may send to the same office certified copies of all authorizations to carry their flag as soon as such authorizations shall have been granted, as well as notices of the withdrawal of any such authorization. The provisions of the present article have reference only to papers intended for native vessels. Agreement, supplementary to the agreement for arbitration, providing that the term for the delivery of the cases shall be extended to February 1, 1905.—Signed at London, January 13, 1905.1 The formation of the arbitral tribunal established by the agreement signed at London on the 13th October, 1904,2 having been delayed for some days by circumstances beyond the control of the high contracting Parties, the Government of His Britannic Majesty and the Government of the French Republic have agreed that it is desirable to avail themselves of the power granted to them by paragraph 4 of Article 2 of the said agreement to extend the period fixed for the delivery of the case. They therefore hereby agree to fix the 1st February as the date on which the case or documents shall be delivered by the parties to the members of the arbitral tribunal and the two Governments concerned. It is also agreed that the successive periods fixed by Article 2 of the agreement for the several stages of the procedure in the arbitration shall date from the 1st February instead of from the 13th January, the date fixed by the terms of the agreement signed by Lord Lansdowne and M. Paul Cambon on the 13th October, 1904. Done in duplicate, at London, the 13th day of January, 1905. [L. S.] LANSDOWNE 1Official report, p. 9. For the French text, see Appendix, p. 477. 2 Ante, p. 101. Agreement supplementary to the agreement for arbitration, providing that the period fixed for the delivery of the argument shall be extended to a date to be fixed by the arbitral tribunal.-Signed at London, May 19, 1905.1 The constitution of the arbitral tribunal created by the agreement signed at London on October 13, 1904, having been delayed for some days owing to circumstances beyond the control of the high contracting Parties, the Government of His Britannic Majesty and the Government of the French Republic have, by mutual consent, deemed it expedient to avail themselves of the power granted to them by paragraph four of Article 2 of the said agreement to extend the period fixed for the delivery of the arguments. They therefore hereby agree to leave to the arbitral tribunal the duty of fixing the date on which the members of the said tribunal and the two Governments concerned shall receive the arguments presented by the parties. This additional agreement shall be communicated to the arbitral tribunal through the medium of the International Bureau of the Permanent Court of Arbitration. Done in duplicate at London, the 19th day of May, 1905. (L. S.) LANSDOWNE 1Official report, p. 11. For the French text, see Appendix, p. 477. |