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Right to take Copy of Manifest.

Whenever a Boatman enters a Territory, the first Toll-house, upon the exhibition of the Manifest, has a right to take a copy thereof, but not to charge for the same.

Verification and Visiting Vessels, &c., at Toll-houses.

ART. XXII. The Contracting States generally reserve to themselves the right of Verifying or Visiting Vessels and Floats of Timber at their respective Toll-houses.

This Verification of Vessels may be either a general or special revision.

General Verification.

The general Verification shall consist, after a previous examination of the Manifest and the papers thereto annexed, of a general revision and examination of the Cargo, by comparing its uniformity with the Manifest, in so far as it can be done without displacing the packages.

Special Verification.

The special Verification shall consist of a detailed examination of the quality and quantity of the cargo.

Facilities granted by Saxony, Denmark, Hanover, and
Mecklenburgh.

ART. XXIII. Saxony, Hanover, Denmark, and Mecklenburgh, however, agree, in order to facilitate the commerce of the Elbe, not to exercise for the period of six years the right they possess of specially Visiting at their Toll-houses those Vessels and Floats of Timber which, during their voyage, may have passed and been specially visited by the two Prussian Toll-houses of Wittenberg and Mühlberg, unless they be suspected of fraud; and they have, for that purpose, by a special Convention, agreed to abide by the Prussian examination of them at those Toll-houses.

Reservations.

As experience, however, can best prove the utility and efficacy of this measure, they reserve to themselves the right hereafter of prolonging this regulation, or, if necessary, of amending and simplifying it by the first Commission of Revision. Should, however, the Convention not answer the expectations reciprocally

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anticipated, and should they not agree at the first Commission of Revision upon another system, the before-mentioned States reserve to themselves the power of assuming their right of special Verification, so far as it may be necessary to secure to them the receipt of the Elbe Tolls.

Vessels which, in proceeding to their destination, do not pass either Wittenberg or Mühlberg, shall remain subject to a reserved special Revision in each of the States.

Revision of Manifests at Toll-house of Anhalt.

On the production of the Manifests of Vessels and Floats of timber, agreeably to the regulation, at the Toll-houses in the Grand Duchy of Anhalt, a special Revision shall not be resorted to, but a general one only, upon cargoes, unless they be suspected of fraud. The right, however, of Anhalt to the special Revision is reserved to it.

Duties of Elbe Toll-offices.

ART. XXIV. The Elbe Toll-offices shall be bound to accelerate, as much as possible, the Revision of Vessels, and not to detain the boatmen beyond the time absolutely necessary for that purpose. There shall be observed, without exception, a "Tour de Rôle," in order that the first vessel which may arrive shall have the preference over those which follow it, except in the case when vessels, by a general revision, can be dispatched sooner, as the latter may precede those of a special Revision. A Revision, however, once begun shall not be interrupted on any account by the arrival of another Vessel or Float of Timber. The Authorities shall strenuously endeavour to promote and facilitate navigation, observe a perfect impartiality towards the boatmen, and studiously avoid all indecorous conduct. The States which appoint them shall give them the necessary instructions, and they shall, at the same time, point out to them the necessity of their encouraging and extending navigation and commerce. Collectors who shall levy Duties contrary to the stipulations of the present Convention, shall be severely punished.

Contravention of Toll Regulations.

ART. XXV. A Contravention of the Toll Regulations shall be deemed to have taken place when the Cargo of a Vessel does not correspond with the Boatman's Manifest, so that any evasion of the Elbe Toll, or of the Duty of "Reconnaissance" shall have

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occurred, and such offences shall be punished according to the laws and regulations of the State in which they are discovered, or where the Boatman shall be arrested. For this purpose an Officer shall be appointed at each Toll-office to take cognisance of, and to decide upon, such matters.

If, on the borders of a State, at any of the Elbe Toll-houses at which a Vessel arrives, a difference be discovered between the Cargo and the contents of the Manifest, so that an intended or actual evasion of the Tolls of the State is apparent, the Boatmen may be made amenable for such evasion agreeably to the laws and regulations concerning imposts in force in such State.

Appointment of Officer at Toll-offices to decide question of Contravention, &c.

ART. XXVI. Previously to the present Convention becoming operative, an Officer shall be appointed, to reside at each Tollhouse, or as near to it as possible, who shall be authorised to decide, summarily, upon the following objects:

(a.) Contraventions of the Toll Regulations, and the penalties thereby incurred, should the Boatman not voluntarily subject himself thereto.

(b.) Disputes concerning the payment of toll, crane, weight, harbour, wharf, and sluice Duties, and the amount thereof.

(c.) Stoppage of the Towing-path by private individuals. (d.) Damages occasioned to meadows and fields by the Towing of Vessels, as well as damages caused by the negligence of Boatmen and Conductors of Floats of Timber during the passage or landing.

(e.) Amount of Salvage Duties, and other remunerations for assistance in cases of accident, where the persons interested do not agree.

The name and residence of the Officer shall be posted up in the Toll-house.

Arrest of Boatmen for non-payment of Toll Dues.

ART. XXVII. The Contracting States also agree to give directions to the Toll Collectors and Authorities, that if one or more Toll Collectors of another State shall apply to them to arrest Boatmen, in order to enforce payment of a Toll become due, which, in case of opposition on the part of the Boatmen, can only take place in consequence of a decision of the competent

[Navigation of the Elbe.]

Officer, such application shall be complied with; and on the demand thereof, the result of any Revision on the Elbe, or any explanation, shall be readily afforded.

Repair of Towing-paths, &c.

ART. XXVIII. The States, exercising the right of sovereignty on the Elbe, engage to take particular care that the Towing-paths within their Territories, shall be, without the least delay, and as often as may be necessary, properly repaired, in order that no obstacle may be experienced to the navigation. They engage likewise to remove, as soon as possible, within the limits of their Territories, all impediments in that part of the River which is used for navigation, and not to permit any buildings to be erected upon or along the Banks of the River that may be injurious thereto. In cases in which the opposite Banks belong to different States, the practice hitherto followed for the preservation of the works on the River shall continue to be observed; and any differences which may arise respecting the same shall be laid before the Commission of Revision.

Measures in cases of Wreck. Wreck Privileges Abolished.

ART. XXIX. In cases of Wreck, the Local Authorities shall take the necessary measures in order to save the crew and the vessel, and to deposit the cargo in security. With this view, the States bordering on the River engage to provide those Authorities with the necessary general instructions, and to renew the special Ordinances formerly issued upon the subject. The Wreck Privileges (Strandrecht), should they exist on any part of the Elbe, are for ever abolished.

Commission of Revision.

ART. XXX. When this Convention shall have become operative, a Commission of Revision shall assemble from time to time, to which each of the States bordering on the River shall delegate a Plenipotentiary, the President whereof shall be elected by a majority of votes. The object and powers of this Commission of Revision shall be: to watch over the due observance of the present Convention; to form itself into a Committee for the settlement of any differences which may arise between the States bordering on the River; and to determine upon the measures which by experience may be found to be necessary to the improvement of commerce and navigation. Each Plenipotentiary

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shall lay before his Government these measures, in order to the obtaining its decision thereupon.

First Commission to assemble at Hamburgh.

The first Commission of Revision shall assemble at Hamburgh, at the expiration of one year from the day on which the Convention shall begin to be operative. The Commission, before closing its sittings, shall determine upon the period and place at which the next Commission shall assemble.

Present Regulations alone to be acted upon.

ART. XXXI. The Regulations established by the present Convention shall alone be acted upon, no regard being had to any Special Treaties, Laws, Ordinances, Privileges, or Usages hitherto existing.

Special Regulations to be made for Branch Rivers.

ART. XXXII. The application and extension of the stipulations of the present Convention to the Branch Rivers which divide or intersect the different States, shall depend upon separate arrangements between the respective States, provided that they are in no particular circumstances at variance therewith.

Execution of Convention. Ratifications.

ART. XXXIII. This Convention of Navigation shall have its full and entire execution along the whole course of the Elbe after the 1st January, 1822; and for that purpose it shall be printed and published, and communicated to the competent Authorities, and the Ratifications of the same shall be exchanged within the space of two months from the date hereof.

In faith of which the Commissioners Plenipotentiary of the different States have signed and affixed the seals of their arms to the present Convention.

Done at Dresden, the 23rd June, 1821.

(L.S.) JOHANN LUDWIG VON JORDAN.

(L.S.) BARON VON MUNCH BELLINGHAUSEN.

(L.S.) GUNTHER VON BUNAU.

(L.S.) CARL FRIEDRICH BARON VON STRALENHEIM.

(L.S.) MATHIAS FRIIS VON IRGENSBERGH.

(L.S.) JOACHIM CHRISTIAN STEINFELD.

(L.S.) ERNST LUDWIG CASIMIR ALBRECHT REICH. (L.S.) CHRISTIAN NICOLAS PEHMOLLER.