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[Brunshausen or Stade Toll.]

No. 193. CONVENTION between Austria, Prussia, Saxony, Hanover, Denmark, Mecklenburg-Schwerin, Anhalt-Coethen, Anhalt-Dessau, Anhalt-Bernburg, Lubeck, and Hamburg, relative to the Regulation of the Brunshausen (or Stade) Toll. Signed at Dresden, 13th April, 1844.*

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Preamble. Reference to Vienna Congress Treaty of 9th June, 1815. 1. Brunshausen Toll Regulations.

2. Revision of Tariff by Brunshausen Toll Commission.

3. Hanover to issue further Directions for carrying Regulations into effect.

4. Rights of Elbe-bordering States relative to the Brunshausen Toll.

5. Privilege of Most Favoured Nation to Shipping of Elbe-bordering States. Exceptions granted to Inland Goods in Inland Vessels and Hamburgh Goods in Hamburgh Vessels.

6. Art. XV of Elbe Navigation Act of 23rd June, 1821, cancelled.

7. Ratifications.

SEPARATE ARTICLES.

A. Hanover to prepare Alphabetical List of Goods, and of fixed Weights

agreed upon.

B. Duty on Articles not enumerated in the Tariff not to exceed per cent. C. Revision of Brunshausen Toll Tariff every 25 years. Exception of certain Articles. Reduction of Brunshausen Toll in case of diminution of Price.

D. Weight of certain Articles to be ascertained by Cubic Content.

(Translation as laid before Parliament.)

Reference to Vienna Congress Treaty of 9th June, 1815.

In conformity with Articles CVIII to CXVI of the Act of the Congress of Vienna of the 9th June, 1815 (No. 27), the Elbebordering States have caused a negotiation to be opened by the Second Revising Commission of the Elbe Navigation, assembled at Dresden, relative to an improved Regulation, affording greater facilities to Navigation and Trade, of the system and control of the Dues which the Hanoverian Government has to levy under the denomination of the Brunshausen (formerly Stade) Toll, upon such goods as shall arrive from the North Sea, and, ascending the Elbe, shall pass the mouth of the Schwinge; and for this

* The Stade Toll was abolished by a Treaty dated 22nd June, 1861; and the Elbe Duties were abolished by a Treaty dated 22nd June, 1870.

[Brunshausen or Stade Toll.]

purpose those States have named as their Commissioners, that is to say:

His Majesty the Emperor of Austria, King of Hungary and Bohemia, his Government Councillor and Consul-General in East and West Prussia, Eduard Nicolaus, Knight of Henneberg;

His Majesty the King of Prussia, his Privy Councillor of Government and Plenipotentiary to the Customs Union, Cari Friederich Heinrich Albert Gustav Wendt, &c.;

His Majesty the King of Saxony, the Director of the first division of His Majesty's Treasury, Karl Wehner, &c.;

His Majesty the King of Hanover, his Councillor of Taxes, Dr. Otto Carl Franz Klenze, &c.;

His Majesty the King of Denmark, as Duke of Holstein and Lauenburg, his Councillor of State and Chief of Division in the General Board of Customs and Trade, Carl Philipp Franke, &c.;

His Royal Highness the Grand Duke of MecklenburgSchwerin, his Councillor of Finance, Leopold Friederich Heinrich Wendt;

His Serene Highness the senior reigning Duke of AnhaltCoethen, His Serene Highness the reigning Duke of AnhaltDessau, His Serene Highness the reigning Duke of Anhalt-Bernburg, their Privy Councillor of Finance, August Ludwig von Behr, &c.;

The Supreme Senate of the Free and Hanseatic Town of Lubeck, in right of the joint possession of Bergedorff, the Senator Dr. Heinrich Brehmer; and

The Supreme Senate of the Free and Hanseatic Town of Hamburgh, the Senator Dr. Gustav Heinrich Kirchenpauer;

Who, under reservation of the Ratifications of their respective Sovereigns and Governments, have agreed upon the following arrangements:

Brunshausen Toll Regulations.

ART. I. The arrangements with respect to the Brunshausen Toll are recorded in the Regulations hereunto annexed, which Regulations will come into force on the 1st of October, 1844, and cannot be altered without the common consent of the Contracting States.*

Revision of Tariff by Brunshausen Toll Commission.

ART. II. It shall be incumbent on the future Revising ComSee also Separate Articles, page 1039.

[Brunshausen or Stade Toll.]

missions of the Elbe Navigation to discuss and examine the Tariff and all that relates to the Brunshausen Toll, in the same manner and form in which they discuss what relates to the other Elbe Tolls, and more especially to take care that the Table of weights forming the 4th Annex to the Regulations, the object of which is to facilitate the payment of the Duty on such goods as are not regularly sold and sent by weight, shall remain always in accordance with the true average weight of the articles therein enumerated, and to complete such table as occasion may arise.* Hanover to issue further Directions for carrying Regulations into effect.

ART. III. The further Directions necessary for carrying the Regulations agreed upon into effect will have to be issued by the Royal Hanoverian Government; but those Directions may not be at variance with the arrangements contained in the Regulations, or with the provisions of the present Convention.

Rights of Elhe-bordering States relative to the Brunshausen Toll.

ART. IV. If the Government of an Elbe-bordering State shall consider its Rights as established by Treaty, to have been prejudiced by a Decision of the Brunshausen Elbe Toll Tribunal, that Government shall be at liberty to enter into negotiations with the Royal Hanoverian Government with respect to the transaction.

Privilege of Most Favoured Nation to Shipping of Elbe-bordering States.

ART. V. The Royal Hanoverian Government shall at all times allow the Shipping of all the Elbe-bordering States to participate, with regard to the Brunshausen Toll, in every advantage which has been or shall in future be granted by Treaty in this respect to the Most Favoured Nations.

Exceptions granted to Inland Goods in Inland Vessels, and Hamburgh Goods in Hamburgh Vessels.

This Stipulation has, however, of course, no reference to the Exemptions and Immunities which have been or may in future be granted to Inland Goods in Inland Vessels, and to the Goods of Hamburgh citizens imported in Vessels belonging to Hamburgh citizens.

See also Separate Articles, page 1039.

[Brunshausen or Stade Toll.]

Art. XV of Elbe Navigation Act, &c., Cancelled.

ART. VI. Article XV of the Elbe Navigation Act (Nos. 110 -111), as well as all Claims and Titles of an anterior date which shall be at variance with the present Convention and its Annexes are hereby cancelled.

Ratifications.

ART. VII. The present Convention shall be ratified, and the Ratifications shall be exchanged simultaneously and in connection with those of the Final Act of the Second Revising Commission of the Elbe Navigation.

In witness whereof the present Convention has been signed and sealed by the Plenipotentiaries.

Done at Dresden, the 13th of April, in the year 1844.

(L.S.). EDUARD NICOLAUS, Knight of Henneberg.

(L.S.) CARL FRIEDERICH HEINRICH ALBERT GUSTAV WENDT.

(L.S.) KARL WEHNER.

(L.S.) DR. OTTO CARL FRANZ KLENZE.

(L.S.) CARL PHILIPP FRANKE.

(L.S.) LEOPOLD FRIEDERICH HEINRICH WENDT. (L.S.) AUGUST LUDWIG VON BEHR.

(L.S.) DR. HEINRICH BREHMER.

(L.S.) DR. GUSTAV HEINRICH KIRCHENPAUER.

SEPARATE ARTICLES. Dresden, 13th April, 1844.

In concluding the Convention of the present day, relative to the regulation of the Brunshausen Toll, the undersigned Commissioners have further agreed upon the following Separate Articles, which, although not intended for unconditional publicity, shall still be subject to Ratification, and shall have the same force and value as if they had been word for word inserted in that Convention.

SEPARATE ARTICLE A to Article I of the Convention, and to the Tariff.

Hanover to prepare Alphabetical List of Goods and of fixed Weights

agreed upon.

[Brunshausen or Stade Toll.]

SEPARATE ARTICLE B to Article I of the Convention, and to the

Tariff.

Duty on Articles not enumerated in the Tariff not to exceed 4 per

cent.

SEPARATE ARTICLE C to Article II of the Convention, and to the Tariff.

Revision of Brunshausen-Toll Tariff every 25 Years.

On the demand of the other Elbe-bordering States, the Royal Hanoverian Government will, at the expiration of every 25 years, submit the Tariff of the Brunshausen Toll to a Revision by the Revising Commission of the Elbe Navigation, with the view of reducing to per cent. of the ascertained average price of goods such rates of Duty as shall, according to the average Hamburgh exchange price of the 3 years last past of the goods rated, be shown to exceed per cent., it being understood that if that rate shall give a fraction, the Duty to be paid shall always be in full.

Exception of certain Articles.

Reduction of Brunshausen Toll in case of Diminution of Price.

SEPARATE ARTICLE D to Article III of the Convention, and § 11, No. 2, of the Regulations.

Weight of certain Articles to be ascertained by Cubic Content.

Done at Dresden the 13th of April, in the year 1844.

(L.S.) EDUARD NICOLAUS, Ritter von Henneberg.
(L.S.) CARL FRIEDERICH H. A. G. WENDT.
(L.S.) KARL WEHNER.

(L.S.) DR. OTTO CARL FRANZ KLENZE.
(L.S.) CARL PHILIPP FRANKE.

(L.S.) LEOPOLD FRIEDERICH HEINRICH WENDT.
(L.S.) AUGUST LUDWIG VON BEHR.

(L.S.) DR. HEINRICH BREHMER.

(L.S.) DR. GUSTAV HEINRICH KIRCHENPAUER.

(ANNEX.)-REGULATIONS regarding the Brunshausen Toll and

Tarif.

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