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ARTICLE XCIX.

Le présent Acte Général sera ratifié dans un délai qui sera le plus court possible et qui, en aucun cas, ne pourra excéder

un an.

Chaque Puissance adressera sa ratification au Gouvernement de Sa Majesté le Roi des Belges, qui en donnera avis à toutes les autres Puissances Signataires du présent Acte Général.

Les ratifications de toutes les Puissances resteront déposées dans les archives du Royaume de Belgique.

Aussitôt que toutes les ratifications auront été produites, ou au plus tard un an après la signature du présent Acte Général, il sera dressé Acte du dépôt dans un Protocole qui sera signé par les Représentants de toutes les Puissances qui auront ratifié.

Une copie certifiée de ce Protocole sera adressée à toutes les Puissances intéressées.

ARTICLE XCIX.

The present General Act shall be ratified within the shortest possible period, which shall not in any case exceed one year.

Each Power shall address its ratification to the Government of the King of the Belgians, who shall give notice thereof to all the other Signatory Powers to the present General Act.

The ratifications of all the Powers shall remain deposited in the archives of the Kingdom of Belgium.

As soon as all the ratifications shall have been furnished, or at latest one year after the signature of the present General Act, their delivery shall be recorded in a Protocol which shall be signed by the Representatives of all the Powers which have ratified.

A certified copy of this Protocol shall be forwarded to all the Powers interested.

ARTICLE C.

The present General Act shall come into force in all the possessions of the Contracting Powers on the sixtieth day, counting from the day on which the Protocol provided for in the preceding Article is drawn up.

In witness whereof the respective Plenipotentiaries have signed the present General Act, and have thereto affixed their seal.

Done at Brussels the 2nd day of the month of July, 1890.

[SIGNATURES.]

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Les Puissances réunies en Conférence à Bruxelles, qui ont ratifié l'Acte Général de Berlin du 26 Février, 1885, ou qui y ont adhéré.

Après avoir arrêté et signé de concert, dans l'Acte Général de ce jour, un ensemble de mesures destinées à mettre un terme à la Traite des Nègres sur terre comme sur mer et à améliorer les conditions morales et matérielles d'existence des populations indigènes,

Considérant que l'exécution des dispositions qu'elles ont prises dans ce but impose à certaines d'entre elles, qui ont des possessions ou exercent des Protectorats dans le bassin conventionnel du Congo, des obligations qui exigent impérieusement, pour y faire face, des ressources nouvelles.

Sont convenues de faire la Déclaration suivante :—

Les Puissances Signataires ou adhérentes qui ont des possessions ou exercent des Protectorats dans le dit bassin

Declaration.

The Powers assembled in Conference at Brussels, who have ratified the General Act of Berlin of the 26th February, 1885, or who have acceded thereto,

After having drawn up and signed in concert, in the General Act of this day, a collection of measures intended to put an end to the Slave Traffic by land as well as by sea, and to improve the moral and material conditions of existence of native races,

Taking into consideration that the execution of the provisions which they have adopted with this object imposes on some of them who have possessions or Protectorates in the conventional basin of the Congo, obligations which absolutely demand new resources to meet them,

Have agreed to make the following Declaration —

The Signatories or acceding Powers who have possessions or Protectorates

conventionnel du Congo pourront, pour autant qu'une autorisation leur soit nécessaire à cette fin, y établir sur les marchandises importées des droits dont le tarif ne pourra dépasser un taux équivalent à 10 pour cent de la valeur au port d'importation, à l'exception toutefois des spiritueux, qui sont régis par les dispositions du Chapitre VI de l'Acte Général de ce jour.

Après la signature du dit Acte Général, une négociation sera ouverte entre les Puissances qui ont ratifié l'Acte Général de Berlin ou qui y ont adhéré, à l'effet d'arrêter, dans la limite maxima de 10 pour cent de la valeur, les conditions du régime Douanier à instituer dans le bassin conventionnel du Congo.

Il reste néanmoins entendu :

1. Qu'aucun traitement différentiel ni droit de transit ne pourront être établis ;

2. Que, dans l'application du régime Douanier qui sera convenu, chapue Puissance s'attachera à simplifier, autant que possible, les formalités et à faciliter les opérations du

commerce;

3. Que l'arrangement à résulter de la négociation prévue restera en vigueur pendant quinze ans à partir de la signature de la présente Déclaration.

A l'expiration de ce terme et à défaut d'un nouvel accord, les Puissances Contractantes se retrouveront dans les conditions prévues par l'Article IV de l'Acte Général de Berlin, la faculté d'imposer à un maximum de 10 pour cent les marchandises importées dans le bassin conventionnel du Congo leur restant acquise.

Les ratifications de la présente Déclaration seront échangées en même temps que celles de l'Acte Général du mêne jour.

En foi de quoi, les soussignés Plénipotentiaires ont dressé la présente Déclaration et y ont apposé leur cachet.

Fait à Bruxelles, le 2o jour du mois de Juillet, 1890.

[SIGNATURES.]

in the said Conventional basin of the Congo shall be able, so far as authority is required to this end, to establish duties upon imported goods, the scale of which shall not exceed a rate equivalent to 10 per cent. ad valorem at the port of entry, always excepting spirituous liquors, which are regulated by the provisions of Chapter VI of the General Act of this day.

After the signing of the said General Act, negotiations shall be opened between the Powers who have ratified the General Act of Berlin or who have acceded to it, in order to draw up, within a maximum limit of the 10 per cent. ad valorem, the system of Customs Regulations to be established in the conventional basin of the Congo.

Nevertheless it is understood :

1. That no differential treatment or transit duty shall be established; 2. That in applying the Customs Regulations which are to be agreed upon, each Power will undertake to simplify formalities as much as possible, and to facilitate trade operations;

3. That the arrangement resulting from the proposed negotiations shall remain in force for fifteen years from the signing of the present Declaration. At the expiration of this term, and failing a fresh Agreement, the Contracting Powers will return to the conditions provided for by Article IV of the General Act of Berlin, retaining the power of imposing duties up to a maximum of 10 per cent. upon goods imported into the conventional basin of the Congo.

The ratifications of the present Declaration shall be exchanged at the same time as those of the General Act of this day.

In faith of which the undersigned Plenipotentiaries have drawn up the present Declaration, and have affixed hereto their seal.

Done at Brussels, the 2nd day of the month of July, 1890.

[SIGNATURES.]

16. FOREIGN ENLISTMENT ACT, 1870.

(33 & 34 Vict. ch. 90.)

AN ACT TO REGULATE THE CONDUCT OF HER MAJESTY'S SUBJECTS DURING THE EXISTENCE OF HOSTILITIES BETWEEN FOREIGN STATES WITH WHICH HER MAJESTY IS AT PEACE. [August 9, 1870.]

WHEREAS it is expedient to make provision for the regulation of the conduct of Her Majesty's subjects during the existence of hostilities between foreign states with which Her Majesty is at peace:

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

1. This Act may be cited for all purposes as "The Foreign Enlistment Act, 1870."

2. This Act shall extend to all the dominions of Her Majesty, including the adjacent territorial waters.

3. This Act shall come into operation in the United Kingdom immediately on the passing thereof, and shall be proclaimed in every British possession by "the governor thereof as soon as may be after he receives notice of this Act, and shall come into operation in that British possession on the day of such proclamation, and the time at which this Act comes into operation in any place is, as respects such place, in this Act referred to as the commencement of this Act.

Illegal Enlistment.

4. If any person, without the license of Her Majesty, being a British subject, within or without Her Majesty's dominions, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any foreign state at peace with Her Majesty, and in this Act referred to as a friendly state, or whether a British subject or not within Her Majesty's dominions, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign state as aforesaid,-

He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.

5. If any person, without the license of Her Majesty, being a British subject, quits or goes on board any ship with a view of quitting Her Majesty's dominions, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or, whether a British subject or not, within Her Majesty's dominions, induces any other person to quit or to go on board any ship with a view of quitting Her Majesty's dominions with the like intent,—

He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour. 6. If any person induces any other person to quit Her Majesty's dominions or to embark on any ship within Her Majesty's dominions under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to

accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state,—

He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour. 7. If the master or owner of any ship, without the license of Her Majesty, knowingly either takes on board, or engages to take on board, or has on board such ship within Her Majesty's dominions any of the following persons, in this Act referred to as illegally enlisted persons; that is to say,

(1) Any person who, being a British subject within or without the dominions of Her Majesty, has, without the license of Her Majesty, accepted or agreed to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly

state:

(2) Any person, being a British subject, who, without the license of Her Majesty, is about to quit Her Majesty's dominions with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state:

(3) Any person who has been induced to embark under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state :

Such master or owner shall be guilty of an offence against this Act, and the following consequences shall ensue; that is to say,

(1) The offender shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour: and

(2) Such ship shall be detained until the trial and conviction or acquittal of the master or owner, and until all penalties inflicted on the master or owner have been paid, or the master or owner has given security for the payment of such penalties to the satisfaction of two justices of the peace, or other magistrate or magistrates having the authority of two justices of the peace and

(3) All illegally enlisted persons shall immediately on the discovery of the offence be taken on shore, and shall not be allowed to return to the ship.

Illegal Shipbuilding and Illegal Expeditions.

8. If any person within Her Majesty's dominions, without the license of Iler Majesty, does any of the following acts; that is to say,

(1) Builds or agrees to build, or causes to be built any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state or

(2) Issues or delivers any commission for any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state: or

(3) Equips any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly

state: or

(4) Despatches, or causes or allows to be despatched, any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state:

Such person shall be deemed to have committed an offence against this Act, and the following consequences shall ensue :

(1) The offender shall be punishable by fine and imprisonment or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.

(2) The ship in respect of which any such offence is committed, and her

equipment, shall be forfeited to her Majesty:

Provided that a person building, causing to be built, or equipping a ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, shall not be liable to any of the penalties imposed by this section in respect of such building or equipping if he satisfies the conditions following; (that is to say),

(1) If forthwith upon a proclamation of neutrality being issued by Her Majesty he gives notice to the Secretary of State that he is so building, causing to be built, or equipping such ship, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the Secretary of State:

(2) If he gives such security, and takes and permits to be taken such other measures, if any, as the Secretary of State may prescribe for ensuring that such ship shall not be despatched, delivered, or removed without the license of Her Majesty until the termination of such war as aforesaid.

9. Where any ship is built by order of or on behalf of any foreign state when at war with a friendly state, or is delivered to or to the order of such foreign state, or any person who to the knowledge of the person building is an agent of such foreign state, or is paid for by such foreign state or such agent, and is employed in the military or naval service of such foreign state, such ship shall, until the contrary is proved, be deemed to have been built with a view to being so employed, and the burden shall lie on the builder of such ship of proving that he did not know that the ship was intended to be so employed in the military or naval service of such foreign state.

10. If any person within the dominions of Her Majesty, and without the license of Her Majesty,

By adding to the number of the guns, or by changing those on board for other guns, or by the addition of any equipment for war, increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or augmenting the warlike force of any ship which at the time of her being within the dominions of Her Majesty was a ship in the military or naval service of any foreign state at war with any friendly state,

Such person shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.

11. If any person within the limits of Her Majesty's dominions, and without the license of Her Majesty,

Prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, the following consequences shall

ensue :

(1) Every person engaged in such preparation or fitting out, or assisting therein, or employed in any capacity in such expedition, shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.

(2) All ships, and their equipments, and all arms and munitions of war, used in or forming part of such expedition, shall be forfeited to Her Majesty.

12. Any person who aids, abets, counsels, or procures the commission of any offence against this Act shall be liable to be tried and punished as a principal offender.

13. The term of imprisonment to be awarded in respect of any offence against this Act shall not exceed two years.

Illegal Prize.

14. If during the continuance of any war in which Her Majesty may be neutral, any ship, goods, or merchandize captured as prize of war within the territorial jurisdiction of Her Majesty, in violation of the neutrality of this

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