the conditions specified in Article 18, and also the absolute and exclusive right to construct, maintain, and work, a line of railway and telegraphic communication from the Bay of Mormugão on the West Coast of His Majesty's Portuguese Indian Possessions to the frontier of the Portuguese territory, and declares that such concession shall endure for the full space or period of 99 years, to be computed from the date of the opening of the railway for traffic, such date to be determined between the Government of Portugal and the said Committee or their assigns.

5. All lands within Portuguese territory occupied by the Company shall be free from rent, taxes, and all other charges; and all materials required for the construction, working, and maintenance of the railway, telegraph, port and ancillary works between Mormugão and the Portuguese frontier shall be admitted into Portuguese territory free of all duties and imposts whatever, except those imposed by the tariff appended to the said Treaty of the 26th December, 1878.

21. The Portuguese Government agrees to pay to the Company on the capital raised by it for the purposes of the works authorised by this Contract, and of the harbour and other works mentioned in Article 18, carried out by the Company, such a sum half-yearly as will be sufficient to give for each year a dividend of 5 per cent. on £800,000; and the Portuguese Government hereby charges the annual subsidy of 400,000 rupees, agreed to be paid to it by the British Government by the Treaty of 26th December, 1878--and also any amount which may from time to time be substituted therefor— with the payments provided for under this Article and engages that no appropriation of the said annual subsidy, or any such substituted amount shall be made for any other purpose.

26. If the said annual sum of 400,000 rupees should not be continued to be payable by the British Government to the Portuguese Government under the said Treaty (or if the further guarantee offered by the Portuguese Government shall not be considered sufficient by the Company) after the expiration of the 12 years for which it is now payable, it shall be optional for the Company to make over to the Portuguese Government the railway and other works belonging to the Company on giving to the Portuguese Government six months' notice. to that effect, and thereupon that Government shall repay to the Company in sterling the full amount expended by them on the railway, telegraph, and other works executed by the Company with 10 per cent. added thereto, and shall purchase all the rolling stock, machinery, stations, appliances, and stores belonging to the Company at a valuation, the amount of which in case of difference shall be settled by arbitration in the manner provided by the last clause hereof, and on such payment of such sums of money and amount of

such valuation being made, possession of the premises shall be delivered over to the said Portuguese Government.

31. If any dispute, question, or difference shall arise between the Portuguese Government and the Company touching the construction, application or effect of this Contract, or any clause or thing herein contained, or as to any matter in any way connected with these presents or the operation thereof, or the rights, duties, or liabilities of any of the parties in connec tion with this Contract, the same shall be submitted to the decision of three referees, one referee to be appointed by the Government, another by the Company, and a third or umpire to be chosen by the two referees before proceeding to the reference, and the decision of such referees or their umpire shall be conclusive and binding on all parties; and it is further agreed that in the event of difference between the referees in the choice and appointment of the umpire, such umpire (who shall either be an engineer or lawyer of eminence in London) shall be nominated by the Portuguese Government.

BRITISH NOTE, denouncing the Treaty between Great Britain and Portugal of December 26, 1878, respecting the Indian Possessions of the two Countries. Lisbon, October 14, 1890.t

(Extract.)

Sir G. Petre to Senhor Barboza du Bocage.

British Legation, Lisbon, October 14, 1890.

IN obedience to instructions which I have received from Her Majesty's Principal Secretary of State for Foreign Affairs, I have the honour to give notice on the part of Her Majesty's Government, to terminate the Treaty between Her Majesty and His Majesty the King of Portugal and the Algarves, with reference to their Indian Possessions, which was signed at Lisbon on the 26th of December, 1878. Senhor J. V. Barboza du Bocage.

GEORGE G. PETRE.

AGREEMENT between Great Britain and Portugal, establishing a Modus Vivendi respecting the Spheres of Influence of the two Countries in Africa. London, November 14, 1890.‡

THE undersigned, duly authorized to that effect by their respective Governments, have agreed as follows:

See Vol. 14. Page 1119.

The Portuguese Government acknowledged the receipt of this Note on the 29th of October, 1890.

Signed also in the Portuguese language.

I. The Government of His Most Faithful Majesty the King of Portugal and the Algarves engages to decree at once the freedom of navigation of the Zambesi and of the Shiré.*

II. The Government of His Most Faithful Majesty the King of Portugal and the Algarves engages also to permit and to facilitate transit over the waterways of the Zambesi, the Shiré, and the Pungué, and also over the land-ways which supply means of communication where those rivers are not navigable.

III. The Government of His Most Faithful Majesty the King of Portugal and the Algarves further engages to facilitate communications between the Portuguese ports on the coast and the territories included in the sphere of action of Great Britain, especially as regards the establishment of postal and telegraphic communications, and as regards the transport service.

IV. The Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of His Most Faithful Majesty the King of Portugal and the Algarves, engage to recognize the territorial limits indicated in the Convention of the 20th August, 1890,† in so far that from the date of the present Agreement to the termination thereof neither Power will make Treaties, accept Protectorates, or exercise any act of sovereignty within the spheres of influence assigned to the other party by the said Convention.

But neither Power will thereby be held to prejudge any question whatever which may arise as to the said territorial limits in the course of the ulterior negotiations.

V. The present Agreement shall come into operation from the date of its signature, and shall remain in force for a period of six months.‡

Done at London, the 14th day of November, 1890.

PORTUGUESE DECREE granting the Right of Transit for Merchandize from Beira to the Sphere of British Influence in Africa on Payment of a 3 per cent. ad valorem Duty. Lisbon, November 18, 1890.

(Translation.)

IN view of the Report made to me by the Minister and Secretary of State for the Marine and Colonial Department;

* See Decree of November 18, 1890. Page 1052.

This Convention was not ratified.

Extended for one month by Declaration of May 13, 1891. Treaty signed,

June 11, 1891

In accordance with the opinion of the Consultative Board for the Colonies, and with the advice of the Council of Ministers;

Availing myself of the powers conferred upon the Government in virtue of the first paragraph of Article 15 of the First Additional Act to the Constitutional Charter of the Kingdom: I hereby decree as follows:

Art. 1. The transit, as provided in Article 70 of the Decree of the 30th July, 1877, of merchandize consigned, either by land or by the waterways, to the foreign territories adjoining the Portuguese territory on the north or south, or to the regions situated beyond the confluence of the rivers Zambesi and Shire, through the Custom-houses of the Province of Mozambique, mentioned in the 11th Article of that Decree, is hereby allowed to be carried on under the same conditions between the port of Beira (Pungwe Bay) and the sphere of British influence.

2. Custom-houses or Custom stations will be established at Beira and at any points on the internal frontier of the Province of Mozambique where they may be required, for the purpose of carrying the preceding Article into effect; the GovernorGeneral of the province will submit to the Government the list of the Customs officials required in the said Custom-houses.

3. Any Laws in opposition thereto are hereby revoked. The aforesaid Minister and Secretary of State shall accordingly carry this Decree into effect.

Given at the Palace, the 18th November, 1890.

ANTONIO JOZE ENNES.

THE KING.

PORTUGUESE DECREE granting free Navigation of the Rivers Zambesi and Shiré to the Vessels of all Nations. Lisbon, November 18, 1890.

(Translation.)

IN view of the Report submitted to me by the Minister and Secretary of State for the Department of Marine and Colonies; In accordance with the opinion of the Consultative Board for the Colonies, and with the advice of the Council of Ministers;

Availing myself of the authority conferred upon my Govern ment in virtue of the first paragraph of Article 15 of the First Additional Act to the Constitutional Charter of the Kingdom: I hereby decree as follows::

Art. 1. The navigation of the rivers Zambesi and Shiré, in

• See Vol. 17. Page 863.

so far as they are under the sovereignty, protectorate, or influence of Portugal, is free for the vessels of all nations, in accordance with the principles which the Governments of France and Great Britain agreed to establish on the Niger, in virtue of the General Act of the Conference of Berlin in 1885.*

2. The Governor-General of the Province of Mozambique will submit the necessary Regulations for the safety and police supervision of the said navigation, which Regulations must be drawn up in the sense of facilitating the passage of merchant vessels.

3. Any Laws in opposition thereto are hereby revoked. The aforesaid Minister and Secretary of State shall accordingly carry this Decree into effect.

Given at the Palace, the 18th November, 1890.

ANTONIO JOZÉ ENNES.

THE KING.

ROME.

NOTES erchanged between Her Majesty's Envoy to the Pope and the Cardinal Secretary of State, with reference to Marriages celebrated in Malta. Rome, January 17, 18, 1890.

(No. 1.)-Cardinal Rampolla to Sir L. Simmons.

(Translation.) EXCELLENCY,

The Vatican, January 17, 1890.

THE Undersigned, Cardinal Secretary of State, has called the high attention of His Holiness to the demand forwarded by your Excellency, in the name of the English Government, respecting the validity of marriages celebrated in Malta in cases where either both parties do not profess the Catholic religion, or one of them belongs to that religion, and the other professes a different religion.

His Holiness, being desirous of acceding to that request, which is intended to remove all doubts as to the validity of those marriages, and to eliminate the inconveniences which might arise therefrom, declares

1. That marriages celebrated in Malta by all those who profess the Catholic religion, whether both contracting parties be Catholics, or whether one of them be a Catholic and the. other a non-Catholic, are not, and shall not be, valid if they are

* See Vol. 17. Page 62.