[Treaty of Balta-Liman.] occasioned by exceptional circumstances, and concluded for a limited time, none of the stipulations existing between the two Courts in regard to the Principalities of Wallachia and Moldavia are set aside, and that all previous Treaties confirmed by the Separate Act of the Treaty of Adrianople (No. 145) retain their full force and effect. The 7 preceding Articles having been agreed upon and concluded, our Signature and the Seal of our Arms have been affixed to the present Instrument, which is delivered to the Sublime Porte, in exchange for that delivered to us by His Highness the Grand Vizier and His Excellency the Minister for Foreign Affairs aforesaid. Done at Balta-Liman, 10th April 8th Djemasi-ul-Akhir, 1265). (L.S.) RESHID PASHA. (L.S.) AALI PASHA. 1849 (and of the Hegira, the (L.S.) VLADIMIR TITOFF, [Navigation of the River Po.] No. 212.-TREATY between the Governments of Austria, Modena, and Parma, on the Free Navigation of the River Po. Signed at Milan, 3rd July, 1849.* 1. Freedom of Navigation of the Po as far as Adriatic Sea. Free Navigation of Streams joining the Po. 2. Suppression of Transit Dues along the whole course of the Po. Exceptions. 3. Landing of Ships or Convoys. Places where Boats or Convoys must Land. 4. Prohibition of exclusive right of Navigation on the Po. 5. Appointment of Navigation Commissioners. sion. 6. Attributes of Commission. Deliberations of Commis 7. Superintendence of Mills, &c., as well of the Bridges, &c., by the Com mission. 8. Powers of Commission. 9. Commission to appoint Subaltern Officers of Superintendence. 10. Fund for Payment of Expenses of Commission. 11. Navigation Dues. 12. Levy of Navigation Dues. Vessels not touching at Custom-houses to be Free of Navigation Dues. 13. Monthly Payments to be made by Custom-house Officers. 14. Mode of Levying Navigation Dues. 15. Preventive measures against Non-Payment of Duties. 16. Custom-house Registers. 17. Increase of Navigation Dues to be by common consent. 18. Division of Excess of Navigation Dues. Payment of Deficiency. 19. Prohibition to Exempt or Augment Dues. 20. Settlement of Disputes. Police Regulations. 21. Prevention of Smuggling. 22. Sanitary Regulations. 23. Service and Payment of Pilots. 24. Moneys, Weights, and Measures. Additional Article. Negotiations to be entered into with Piedmont. Acts of Accession to the above. The Pope acceded to this Treaty on the 12th February, 1850. [Navigation of the River Po.] (Translation as laid before Parliament.) (Ratified with Ministerial Declaration, on the part of Austria, September 11th, 1849; on the part of Modena, August 25th, 1849; and on the part of Parma, September 15th, 1849.) His Majesty the Emperor of Austria, King of Hungary, Bohemia, Gallicia, Lodomiria, Lombardy, Venice, &c.; His Royal Highness the Archduke, Duke of Modena, &c.; and His Royal Highness the Infante of Spain, Duke of Parma, &c.; Having with full accord agreed, through their respective Governments, to promote, for the benefit of commerce, the Free Navigation of the Po, at present from the confluence of the Ticino to the Adriatic, and His Majesty reserving to himself to obtain assent accordingly from the Pontifical State also, have in the mean time determined as follows, but not to act upon the same until, when the above-mentioned assent shall be obtained, the present Convention may be published; and they have named their Plenipotentiaries, that is to say: His Majesty the Emperor of Austria, Charles Louis Chevalier Bruck, his Minister of Commerce, &c.; His Royal Highness the Archduke, Duke of Modena, Theodore Conte di Volo, his Chamberlain, Councillor in the Foreign Department, &c.; and His Royal Highness the Infante, Duke of Parma, Thomas Baron Ward, Grand Cross of the Grand Ducal Order of Saint Joseph of Tuscany, &c.; Who, having met in Milan, and having exhibited their Full Powers, found to be in good and due form, and having exchanged the same, they have stipulated and agreed to the following Articles : Free Navigation of the Po as far as Adriatic Sea. ART. I. The Navigation of the Po shall be free and exempt from all burden along the whole tract of the Territories of the States signing, as far as the Adriatic Sea, and it shall not be interdicted, nor shall impediments be interposed in any way to any person whatever, with reservation of the regulations which may be now cr hereafter determined with the common consent of [Navigation of the River Po.] those States, and always in the sense most favourable to the development of the commerce of all nations. Free Navigation of Streams joining the Po. In like manner the Navigation of the Streams joining the Po, below the mouth of the Ticino, shall also be free, 1st. If they are within the Limits of any of the Contracting States. 2nd. From the point where they leave the State in which they rise, as far as and including their confluence with the Po, in which course, if there should exist any simple Navigation Dues, these shall not be greater for foreigners than for natives. Suppression of Transit Dues along the whole course of the Po. ART. II. In accordance with this, all those Transit Dues which may have been hitherto levied in the whole course of the Po, by the High Contracting Parties, as well as every other right, should any exist, either of compulsory landing, and loading and unloading, or of any other kind or description whatever, shall cease from the day that the present Convention shall be published. Exceptions. The Suppression of the Dues hitherto levied on the Po does not, however, extend to the following expenses, viz. : (a.) Those of Health Offices, or the Port Dues for those Vessels which come from or return to the Sea, according to existing regulations; (b.) Dues for passing Bridges; (c.) The expenses incurred in the Harbours and Docks on landing; (d.) Expenses for Loading and Unloading, for Weights and Measures, and for Warehouse room. But those charges shall be regulated by the Commission mentioned in Article V here following, drawn up regular Tariffs, and published; and no State shall be allowed to increase the same without consent of the other Contracting States. Landing of Ships or Convoys. ART. III. No Ship or other Convoy on the Po shall be compelled to land and stop in places other than those to which it is bound. [Navigation of the River Po.] Places where Boats or Convoys must land. Only on entering and leaving the principal extremities of this River, and three other places mentioned in Article XII following, every Boat or other Convoy shall be obliged to land, and in conformity with a Regulation relating thereto which must be left at the furthest Custom-houses, which also shall be particularly pointed out, shall declare her cargo, place of destination, and fulfilment of the provisions determined by that Regulation. Prohibition of Exclusive Right of Navigation on the Po. ART. IV. In conformity with Article I of this Convention, it shall not be permitted to any Association, and still less to single individuals, to exercise an Exclusive Right of Navigation on the Po. Appointment of Navigation Commissioners. ART. V. In order to watch over the course of the River with respect to its Navigation, and to direct the necessary works both for the continued improvement of the Stream of the said River, and for the maintenance of the Towing Paths, as well as to establish an authority which may serve as a direct means of communication between the States signing this Convention, upon all that regards its chief object, a suitable Commission shall be appointed, consisting of 4 Members and a President, who, as well as one of the Commissioners, shall be named by Austria, and the 3 other Commissioners, one by each State. Deliberations of Commission. The Deliberations of the said Commission shall be by the absolute majority of votes, and the locality of the same shall be determined hereafter in one of the towns of the LombardoVenetian Kingdom. Attributes of Commission. ART. VI. One of the Principal Attributes of this Commission shall be to meet periodically twice each year, viz., in spring and autumn, to examine the state of the River in respect to its Navigation and the development of the same, to determine the Works necessary for the coming year, and at a fit time to submit their proceedings to their respective Governments. This Commission |