no account shall be taken of such articles as, owing to their quantity, nature, or condition are [not]* considered as intended for the personal use of the natives. (f.) In consideration of the above, the Labour Bureau shall pay to the Customs of the Province the sum of 78. 6d. for each native labourer who returns at the termination of his contract. XI. In conformity with the conditions of this Agreement, each native of the district of Tete, in Rhodesia, must be in possession of a pass or Portuguese passport issued by the provincial authorities. Any such native found in Rhodesia without the pass or passport shall be regarded as a clandestine immigrant, and shall obtain from the Portuguese Curator or his representative a pass, for which he shall pay to the provincial Government of Mozambique, through the said Curator, a fee of 20s. [under penalty of being compulsorily repatriated].* XII. No native of Tete provided with the Portuguese pass or passport legally issued in accordance with this Agreement shall be liable to payment of the Hut Tax established by the Rhodesian law. XIII. This Agreement shall not be applicable to natives who entered Rhodesia from the Province of Mozambique prior to the 1st January, 1903. XIV. No Rhodesian pass shall be granted to natives of Tete who fail to produce the Portuguese pass or passport lawfully issued, except in those districts where the Curator has no representative, it being competent in such cases for the Rhodesian authorities to grant a provisional pass, sending forthwith to the Curator all information in order that the native may be provided with a Portuguese pass, and the Curator may collect the amount due from the employer, if there is one, or from the native, if otherwise. If the Curator refuses to issue a pass to such natives, his Rhodesian provisional pass shall be immediately cancelled in accordance with the Rhodesian pass regulations [and the bearer shall be forthwith compulsorily repatriated].' XV. Without the production of a written authority from the Portuguese Curator no pass shall be granted by Rhodesian officials to natives of the district of Tete who, being in possession of a Portuguese pass or passport, desire to engage themselves outside the Rhodesian Native Labour Bureau. XVI. No pass shall be granted in Rhodesia to enable the natives of Tete to travel to any other colony or territory except the Province of Mozambique without a written authority from the Portuguese Curator. The words in brackets were deleted by the Agreement of July 4, XVII. The British South Africa Company and its officers shall assist the Curator (a.) By facilitating the entry of him or of his representatives to all compounds or other places where natives of Tete may be located. (b.) By facilitating the collection of the fees payable through the Curator in accordance with this Agreement in respect of Tete natives in Rhodesia. (c.) By refusing to grant or renew Rhodesian passes to natives of Tete who fail to produce a current Portuguese pass or passports. (d.) By causing all cases of death, accident or desertion of Tete natives to be reported to the Curator. (e.) By giving instructions to all its officers who have the power of issuing passes that the numbers of passports must always be distinctly stated in the Rhodesian passes for reference. (f.) By giving instructions to the pass officers that all natives of Tete must present themselves to the Curator before returning to their country. In districts where the Curator has no representative, the passes of Tete natives who desire to return to their country shall be sent to him for ratification. (9.) By promoting the return of labourers who have completed their contracts by such road as may be agreed upon by the two Parties to this Agreement to the capital of the district of Tete or to such other place or places within that district as may be arranged by the two Parties to this Agree ment. (h.) By preventing the residence in Rhodesia of Tete natives not holding the Portuguese pass or whose Portuguese pass has lapsed, and by restraining and preventing the entrance into Rhodesia of clandestine immigrants. XVIII. All moneys received for administration by the officers of the British South Africa Company connected with the estates of deceased natives of Tete shall be remitted to the Government of the Province through the Curator, whose receipt shall be a sufficient discharge therefor. The Curator shall further be informed of the details of compensation payable to natives in respect of accidents in order that such compensation may be paid to the interested parties through the agency of his office. XIX. The Rhodesian Native Labour Bureau shall by agreement with the Curator make provision for the payment of one-half of the wages earned by the native labourers of Tete during the period of their engagement to them in the district in which they were engaged immediately after their return. * The words, "so far as the law of Rhodesia allows," were added by the Agreement of July 4, 1914. XX. This Agreement shall come into force as soon as the Portuguese Government shall have received from the Government of the Union of South Africa a guarantee that they do not intend to exercise in the district of Tete the rights granted to them under the first part of the Convention between the Transvaal and the Mozambique Province dated the 1st April, 1909, and it shall expire on the 31st March, 1919, unless either of the Parties shall notify to the other by one year's notice its intention of bringing it to a conclusion before that date. Signed the 28th day of August, 1913, on behalf of the Government of the Republic by the Minister of the Colonies and by Guilherme Joao Carlos Henriques, British subject residing in Lisbon, authorised representative of the Company. AGREEMENT between the British South Africa Company and the Portuguese Government amending the Agreement of August 28, 1913, relative to the Recruitment of Native Labourers for Rhodesia.-Lourenço Marques, July 4, 1914. THE Governor-General of the Province of Mozambique and George Wolfe Murray, as representative of the British South Africa Company and Managing Director of the Rhodesian Native Labour Bureau, agree that the following amendments be made to the Agreement signed in Lisbon on the 28th day of August, 1913.‡ 66 1st. To delete the word not" which in Article X (e) precedes the words "considered as intended for the personal use of the natives. " and the 2nd. To delete the last words in Article XI, under penalty of being forthwith compulsorily repatriated.' 3rd. To delete the last words in Article XIV, bearer shall be forthwith compulsorily repatriated." 4th. To add after the word "refusing in Sub-Section (c) of Article XVII, and after the word "preventing" in SubSection (h) of Article XVII the following words: the law of Rhodesia allows." so far as 5th. To add to the Agreement the following additional Article: It is understood that when any doubts may arise regarding the interpretation of any Clause of this Agreement, such doubts shall be decided by means of arbitration.' * Vol. CII, page 110. The following additional Article was added by the Agreement of July 4, 1914: "It is understood that, when any doubts may arise regarding the interpretation of any Clause of this Agreement, such doubts shall be decided by means of arbitration." + Page 360. Signed at Lourenço Marques on the 4th day of July, 1914, by General Joaquim José Machado, Governor-General of the Province of Mozambique, and by George Wolfe Murray, British subject, at present residing in this town, duly authorised attorney of the Company. (L.S.) JOAQUIM JOSE MACHADO. (L.S.) GEORGE WOLFE MURRAY. AGREEMENT between Great Britain and Portugal relative to the Recruitment in Tete District, Mozambique, of Native Labourers for Rhodesia.-Salisbury, April 7, 1920.* WHEREAS an Agreement (hereinafter referred to as the said Agreement") concerning the recruitment in the district of Tete of the Province of Mozambique, Portuguese East Africa, of native labourers for Rhodesia was entered into 1. At Lisbon, on the 28th day of August, 1913, between the Minister for the Colonies, on behalf of the Portuguese Republic, and the British South Africa Company, for itself and in the name of the Rhodesian Native Labour Bureau; and 2. At Lourenço Marques, on the 4th day of July, 1914, between the Governor-General of the Province of Mozambique and the Chairman and Managing Director of the Rhodesian Native Labour Bureau, authorised attorney of the British South Africa Company; And whereas the said Agreement provided for its termination on the 31st day of March, 1919, but was, by mutual agreement, extended until the 31st March, 1920; And whereas it is desired to extend the said Agreement for a further period of five years, commencing on the 1st April, 1920, subject to the further terms and conditions set forth hereunder : Now, therefore, we, Francis Drummond Percy Chaplin, Knight Commander of the Most Distinguished Order of St. Michael and St. George, and Mario Jorge Placido, duly authorised on that behalf by the British South Africa Company, and by his Excellency the Governor-General of the Province of Mozambique respectively, hereby agree as follows: The said Agreement shall continue from the 1st day of April, 1920, until the 31st day of March, 1925, subject to the following further provisions: 1. The British South Africa Company shall cause natives of Portuguese territory entering Southern Rhodesia to be furnished, in addition to registration certificates, with pass"League of Nations Treaty Series," No. 134. + Page 365. * + Page 360. ports or other documents showing that such natives are inhabitants of Portuguese territory. Such passports or documents shall be issued free of charge on forms to be provided by the Curator of Portuguese natives, to whom the issue of any such passport or document shall be notified. 2. The provisions of Article 18 of the said Agreement shall apply in respect of all natives from Portuguese territory dying in Southern Rhodesia. Signed and sealed at Salisbury, this 7th day of April, 1920, in the presence of the following witnesses : A. R. HONE. (L.S.) DRUMMOND CHAPLIN. } (L.S.) MARIO JORGE PLACIDO. R. C. GREY.] TREATY between Great Britain and Portugal relating to the Extradition of Fugitive Criminals between certain British Protectorates and the Territories of the Portuguese Republic.-Lisbon, January 10, 1921.* [Ratifications exchanged at Lisbon, September 29, 1921.] His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and the President of the Portuguese Republic, considering it advisable to regulate by a Treaty the extradition of fugitive criminals between certain British Protectorates and the territories of the Portuguese Republic, have appointed as their Plenipotentiaries for this purpose: His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India: the Honourable Sir Lancelot Carnegie, G.C.V.O., K.C.M.G., his Envoy Extraordinary and Minister Plenipotentiary to the Portuguese Republic; and the President of the Portuguese Republic: His Excellency Dr. Domingos Leite Pereira, Minister for Foreign Affairs. The Plenipotentiaries, after having communicated to each other their respective full powers, which were found to be in good and due form, have agreed to and concluded the following Articles: ART. 1. The provisions of the Extradition Treaty between Great Britain and Portugal, signed on the 17th October, 1892, shall apply to extradition between the territories of the Portuguese Republic and the British Protectorates mentioned "Treaty Series, No. 22 (1921)." Signed also in the Portuguese language. + Vol. LXXXIV, page 83. |