In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their

arms,

Done at San José de Flores, on the tenth day of July, in the year of our Lord one thousand eight hundred and fifty-three.

AUSTRIA-HUNGARY.

No. 4.

TREATY OF NAVIGATION BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY.

Signed at Vienna, April 30, 1868.*

[Ratifications exchanged at Vienna, June 26, 1868.]

HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the one part, and His Imperial and Royal Apostolic Majesty, on the other part, being equally animated by the desire of extending and promoting the facilities of Navigation between their respective States and Dominions, have resolved to conclude a Treaty for that purpose, and have named for their Plenipotentiaries, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Arthur Douglas Baron Bloomfield of Oakhampton and Redwood, a Peer of Ireland, a Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, Her Majesty's Ambassador Extraordinary and Plenipotentiary to His Imperial and Royal Apostolic Majesty; and Louis Mallet, Esquire, Companion of the Most Honourable Order of the Bath, Assistant Secretary to the Committee of Her Majesty's Most Honourable Privy Council for Trade and Foreign Plantations;

And His Imperial and Royal Apostolic Majesty, Frederic Ferdinand Baron Beust, His Imperial Majesty's Privy Councillor, Chancellor of the Empire, and Minister of the Imperial House and of Foreign Affairs, Grand Cross of the Orders of St. Stephen and Leopold:

Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles :

Signed also in German.

ARTICLE I

Vessels and Cargoes.-National Treatment.

British ships and their cargoes in all the dominions of His Imperial and Royal Apostolic Majesty, and ships belonging to the citizens of the Imperial and Royal States and their cargoes in all the dominions of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, from whatever place arriving and whatever may be their place of destination, and whatever may be the place of origin or destination of their cargoes, shall be treated in every respect as national ships and their cargoes.

Navigation. Most-favoured-nation Treatment.

Every favour or exemption in these respects, or any other privilege in matters of Navigation, which either of the Contracting Parties shall grant to a third Power, shall be extended immediately and unconditionally to the other Party.

Fisheries excepted.

It is, however, agreed that this stipulation shall not be applicable to the national fisheries of either of the two countries.

ARTICLE II.

Colonial Coasting Trade.-National Treatment.

The stipulations contained in the preceding Article are also to be applied to the Colonies and Foreign Possessions of Her Britannic Majesty, as well as to the ships and cargoes of the same; but, as regards the coasting trade, only in those Colonies and Foreign Possessions the coasting trade of which shall have been, or shall be hereafter, opened to foreign ships in conformity with the Acts of Parliament which govern this matter.

The Foreign Possessions and Colonies of Her Britannic Majesty the coasting trade of which has been already so opened to foreign ships, and in which therefore ships belonging to the citizens of the Imperial and Royal States are placed on the national footing, are:

ARTICLE III.

Wrecks and Salvage.-National Treatment.

If any ship of war or merchant-vessel of one of the Contracting Parties should run aground or be wrecked, or meet with any casualty upon the coasts of the other, the same aid and assistance shall be rendered to it, and to the cargo, apparel, and furniture thereof, as to a national vessel; and in such case no other expenses shall be paid by the owners or their agents and representatives for the preservation of the property or of the lives of the persons on board the ship, than would be payable in the like case of a wreck of or casualty to a national vessel.

In case the master of a merchant-vessel should be under the necessity of disposing of a part of his merchandize in order to defray any salvage expenses, no impediment shall be opposed by the authorities, the master being bound, however, to conform to the existing regulations and Tariffs.

The goods and merchandize saved from the wreck shall be exempt from all duties of Customs, unless cleared for consumption.

The respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall, if the owner or master, or other agent of the owner, is not present, or is present and requires it, or is bound by the laws of his country to accept Consular assistance, be authorized to interpose in order to afford the necessary assistance to those concerned.

ARTICLE IV.

Seamen Deserters.

The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of each of the Contracting Parties residing in the Dominions and Possessions of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries.

ARTICLE V.

National Vessels.

All vessels which according to British law are to be deemed British vessels, and all vessels which, according to the laws prevailing in the States of His Imperial and Royal Apostolic Majesty, are to be deemed vessels belonging to the subjects of His Imperial and Royal Apostolic Majesty, shall, for the purposes

of this Treaty, be respectively deemed British vessels, and vessels belonging to the citizens of the Imperial and Royal States.

ARTICLE VI.

Duration of Treaty.

The present Treaty shall remain in force from the exchange of the ratifications thereof until the 31st December, 1877; and in case neither of the High Contracting Powers shall have notified to the other twelve months before the expiration of the said period, the intention to put an end to its operation, the Treaty shall continue in force for another year, and so on from year to year, until the expiration of a year counting from the day on which one or other of the High Contracting Parties shall have announced its intention of putting an end to it.

ARTICLE VII.

Ratifications.

The present Treaty shall be ratified, and the ratifications shall be exchanged at Vienna, within eight weeks, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Vienna, this 30th day of April, in the year of our Lord one thousand eight hundred and sixty-eight.