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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 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.

On the production of the Manifests of Vessels and Floats of Timber, agreeably to the Regulation, at the toll-houses in the Grand Dutchy 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.

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.

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 "Reconnoissance" shall have 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 tolloffice, to take cognizance 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 Boatman may be made amenable for such evasion, agreeably to the Laws and Regulations concerning imposts in force in such State.

XXVI. Previously to the present Convention becoming operative, an Officer shall be appointed, to reside at each toll-house, or as near to it as possible, who shall be authorized 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.

XXVII. The Contracting States also agree to give directions to the Toll Collectors and Authorities, that, if 1 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 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.

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.

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.

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 necessary to the improvement of Commerce and Navigation. Each Plenipotentiary shall lay before his Government these measures, in order to the obtaining its decision thereupon.

The first Commission of Revision shall assemble at Hamburgh, at the expiration of 1 year from the day on which this 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.

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.

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.

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 2 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 V. 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.

[See the Tables of Duties, &c. Marcens' Supplement, Vol. 9, Page 757.]

Prussian Act of Ratification of the Elbe Navigation Convention.-Signed at Dresden, on the 23rd June, 1821.

(Translation.)

Berlin, 20th November, 1821. WE, Frederick William III, by the Grace of God, King of Prussia, &c. make known, and declare hereby, that;

Whereas, for the accomplishment of the 108th Article of the General Treaty, signed in Congress at Vienna, on the 9th of June, 1815, we agreed with His Majesty The Emperor of Austria, His Majesty The King of Saxony, His Majesty The King of Great Britain and Ireland, as King of Hanover, His Majesty The King of Denmark, as Duke of Holstein and Lauenburg, His Royal Highness The Grand Duke of Mecklenburgh Schwerin, Their Highnesses The Dukes of Anhalt-Bernburg, Anhalt-Cothen, and Anhalt-Dessau, and the Senate of the Free Hanseatic City of Hamburgh, to assemble at Dresden a Commission of Plenipotentiaries from all the Parties, in order to determine upon the application of the general provisions contained in the said Treaty of Congress relative to River Navigation, so far as regards the Elbe, and to record the result of their deliberations in a mutual Convention :

And whereas, the said Convention has been happily concluded by common consent, and was signed on the 23rd of June of the current year by the respective Plenipotentiaries, in 9 copies of the same tenour, 8 of which are for the several Contracting Parties, among which is one Copy for their Highnesses The 3 Dukes of Anhalt, and the 9th is to be deposited with the other Acts of the Commission, to serve for the general use of the Governments interested, when the Ratifications thereof shall have been signed: We hereby declare, that, after careful examination and consideration of all and each of the stipulations contained in the aforesaid Convention for the Navigation of the Elbe, which are to be considered as if they were recited herein, word for word, and, with reference to the proceedings of the Commission, in the 44th Conference, at which the Convention was signed by the respective Plenipotentiaries, as well concerning the Duties of "Reconnoissance," as those to be levied on Timber; as also the resolutions concerning the mode of collecting the same, in Articles X and XI, and in the general stipulation in Article XXX, agreeably to which the points referred to the Commission of Revision in the 43 previous Conferences are reserved: We, by the force of this present Act of Ratification, drawn up in the usual form, have entirely approved, and do solemnly approve, of the same; pledging our royal word, for ourselves and our successors, truly to observe the said Stipulations, and also to watch over them, so that they may be at all times strictly executed by our Authorities and Subjects.

And for the greater assurance whereof, We have signed with our own hand, and caused to be sealed with our great Seal of State, our Act of Ratification in 10 Copies of the same tenour, of which 9 are intended

for the Contracting Parties, amongst which is 1 for their Highnesses the 3 Dukes of Anhalt, and the 10th is to be deposited with the general Acts of the Commission.

Done at Berlin the 20th November, in the year of our Lord 1821, and the 25th of our Reign.

C. FURST VON HARDENBERG.
V. BERNSTOrff.

(L. S.) FRIEDRICH WILHELM.

Convention between Prussia, Saxony, Hanover, Denmark, and Mecklenburgh Schwerin, respecting the Revision of Cargoes, &c. on the Elbe.-Signed at Dresden, on the 23rd June, 1821. (Translation.)

Berlin, 20th November, 1821.

WE, Frederick William III. by the Grace of God, King of Prussia, &c. make known, and declare hereby, that: Whereas we have agreed to cause a Special Convention to be concluded by the Plenipotentiaries of the Elbe Navigation Commission, in concert with His Majesty The King of Saxony, His Majesty The King of Great Britain and Ireland, as King of Hanover, His Majesty The King of Denmark, as Duke of Holstein Oldenburgh and Lauenburg, and His Royal Highness The Grand Duke of Mecklenburgh Schwerin, for the encouragement of the Navigation of the Elbe, and chiefly in consideration of the disadvantages occasioned by the repeated revisions of merchandize conveyed on the Elbe.

And whereas the said Convention has been happily concluded by mutual consent, and was signed by the respective Plenipotentiaries, on the 23rd of June of the current year, subject to the Ratification thereof; which Convention is, word for word, as follows:

Their Majesties the Kings of Prussia, Saxony, Great Britain and Hanover, and Denmark, and His Royal Highness TheGrand Duke of Mecklenburgh Schwerin, in furtherance of their wishes for the encouragement of the Navigation of the Elbe, and chiefly in consideration of the disadvantages arising from the often repeated revision of merchandize conveyed on the Elbe, have, by means of their Plenipotentiaries of the Elbe Navigation Commission, agreed to the following Special Convention, and have allowed it to be concluded, subject to their Ratification thereof.

ART. 1. Their Majesties The Kings of Saxony, Great Britain and Hanover, and Denmark, and His Royal Highness The Grand Duke of Mecklenburgh Schweriu, agree, for the next 6 years, from 1822 to 1827 inclusive, not to exercise the right which belongs to them, of the strict or special visitation by their Toll Officers, of those Vessels and Floats of timber which, in their passage on the Elbe shall have passed either of the Royal Prussian Frontier Toll-houses of Mühlberg or Wittenberg, and have been there subjected, either directly or indirectly, to a special revision, as will appear by their Controul Certificates.

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