T

HE Preamble recites the Contracting Parties.

Art. I. There shall be perpetual friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, her heirs and successors, and the Republic of Peru, and between their respective subjects and citizens.

Art. II. There shall be, between all the dominions of Her Britannie Majesty and the territories of the Republic of Peru, a reciprocal freedom of commerce. The subjects and citizens of each of the two countries, respectively, shall have liberty freely and securely to come, with their ships and cargoes, to all places, ports, and rivers in the territories of the other, where trade with other nations is permitted. They may remain and reside in any part of the said territories respectively; and hire and occupy the houses and warehouses which they may require; and may trade by wholesale or retail in all kinds of produce, manufactures, and merchandise of lawful commerce, enjoying the same exemptions and privileges as native subjects or citizens, and subject always to the same laws, decrees, and esta

blished customs as native subjects or citizens.

In like manner, the ships of war and post-office packets of each country, respectively, shall have liberty to enter into all harbours, rivers, and places, within the territories of the other, to which the ships of war and packets of other nations are or may be permitted to come, to anchor there, and to remain and refit; subject always to the laws and regulations of each country respectively.

The stipulations of this Article do not apply to the coasting trade, which each country reserves to itself respectively, and shall regulate according to its own laws.

Art. III. The two High Contracting Parties hereby agree that any favour, privilege, or immunity whatever, in matters of commerce or navigation, which either Contracting Party has actually granted, or may hereafter grant, to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other contracting party, gratuitously, if the concession in favour of that other State shall have been gratuitous, or in return for an equiva

lent compensation, if the concession shall have been conditional.

Art. IV. No other or higher duties shall be imposed on the importation into the dominions of Her Britannic Majesty, of any article of the growth, produce, or manufacture of the Republic of Peru; and no other or higher duties shall be imposed on the importation into the Republic of Peru, of any article of the growth, produce, or manufacture of Her Britannic Majesty's dominions, than are or shall be payable on the like article, being the growth, produce, or manufacture of any other foreign country; nor shall any other or higher duties or charges be imposed in the dominions or territories of either of the contracting parties, on the exportation of any article to the dominions or territories of the other, than such as are or may be payable on the exportation of the like article to any other foreign country. No prohibition shall be imposed upon the importation of any article, the growth, produce, or manufacture of the territories of either of the two contracting parties, into the territories of the other, which shall not equally extend to the importation of the like article, being the growth, produce, or manufacture of any other country. Nor shall any prohibition be imposed upon the exportation of any article from the territories of either of the two contracting parties to the territories of the other, which shall not equally extend to the exportation of the like article to the territories of all other nations.

Art. V. No other or higher duties or charges on account of tonnage, light or harbour dues, pilotage, salvage in case of damage or shipwreck, or any other local

charges, shall be imposed, in any of the ports of the Republic of Peru, on British vessels of the burthen of above two hundred tons, than those payable in the same ports by Peruvian vessels of the same burthen; nor, in the ports of Her Britannic Majesty's territories, on Peruvian vessels of the burthen of above two hundred tons, than shall be payable in the same ports by British vessels of the same burthen.

Art. VI. The same duties shall be paid on the importation of any article which is or may be legally importable into the Republic of Peru, whether such importation shall be in Peruvian or in British vessels; and the same duties shall be paid on the importation of any article which is or may be legally importable into the dominions of Her Britannic Majesty, whether such importation shall be in British or in Peruvian vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any article which is or may be legally exportable from the Republic of Peru, whether such exportation shall be in Peruvian or in British vessels; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any article which is or may be legally exportable from Her Britannic Majesty's dominions, whether such exportation shall be in British or in Peruvian vessels.

Art. VII. All merchants, commanders of ships, and others, the subjects or citizens of each country respectively, shall have full liberty, in all the territories of the other, to manage their own affairs themselves, or to commit them to the management of whomsoever

they please, as agent, broker, factor, or interpreter; and they shall not be obliged to employ any other persons than those employed by natives, nor to pay to such persons as they shall think fit to employ, any higher salary or remuneration than such as is paid, in like cases, by natives.

The subjects of Her Britannic Majesty in Peru, and the citizens of Peru in the dominions of Her Britannic Majesty, shall enjoy the same full liberty which is now or may hereafter be enjoyed by natives of each country respectively, to buy from and sell to whom they like, all articles of lawful commerce. and to fix the prices thereof as they shall see good, without being prejudiced by any privilege granted to other individuals to buy or sell; subject, however, to the general contributions or imposts established by law.

The subjects and citizens of either of the contracting parties, in the territories of the other, shall enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice for the prosecution and defence of their just rights; and they shall be at liberty to employ, in all causes, the advocates, attorneys, or agents of whatever description, whom they may think proper; and they shall enjoy in this respect the same rights and privileges as native subjects and citizens.

Art. VIII. In whatever relates to the police of the ports, the lading and unlading of ships, the warehousing and safety of merchandise, goods, and effects, the succession to personal estates by will or otherwise, and the disposal

of personal property of every sort and denomination by sale, dɔnation, exchange, or testament, or in any other manner whatsoever, as also with regard to the administration of justice, the subjects and citizens of each contracting party shall enjoy, in the dominions or territories of the other, the same privileges, liberties, and rights, as native subjects or citizens; and shall not be charged, in any of these respects, with any other or higher imposts or duties, than those which are or may be paid by native subjects or citizens; subject always to the local laws and regulations of such dominions or territories.

In the event of any subject or citizen of either of the two contracting parties dying without will or testament, in the dominions or territories of the other contracting party, the Consul-General, Consul, or Vice-Consul of the nation to which the deceased may belong shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named according to the laws of the country in which the decease shall have taken place.

Art. IX. The subjects of Her Britannic Majesty residing in the Republic of Peru, and the citizens of the Republic of Peru residing in the dominions of Her Britannic Majesty, shall be exempted from all compulsory military service whatsoever, whether by sea or land, and from all forced loans, or military exactions or requisitions; and they shall not be compelled, under any pretext whatsoever, to pay any ordinary charges, requisitions, or taxes, other or higher

than those that are or may be paid by native subjects or citizens.

Art. X. Each of the two contracting parties agrees that it will not knowingly receive into, or retain in, its service, any subjects or citizens of the other party who have deserted from the naval or military service of that other party; but that, on the contrary, each shall respectively discharge from its service any such deserters, upon being required by the other party so to do.

And it is further agreed, that if any of the crew shall desert from the vessels of war or merchantvessels of either contracting party, while such vessels are within any port in the territory of the other party, the authorities of such port and territory shall be bound to give every assistance in their power for the apprehension of such deserters, on application to that effect being made by the Consul of the party concerned, or by the deputy or representative of the Consul; and no public body whatever shall protect or harbour such deserters.

It is further agreed and declared, that any other favour or facility with respect to the recovery of deserters, which either of the contracting parties has granted, or may hereafter grant, to any other State, shall be granted also to the other contracting party, in the same manner as if such favour or facility had been expressly stipulated by the present treaty.

Art. XI. It shall be free for each of the two contracting parties to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is VOL. XCV.

sent; and either of the contracting parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted.

The Diplomatic Agents and Consuls of Her Britannic Majesty in the Republic of Peru shall enjoy whatever privileges, exemptions, and immunities are or may be there granted to the Diplomatic Agents and Consuls of the same rank of the most favoured nation; and in like manner, the Diplomatic Agents and Consuls of the Republic of Peru in the dominions of Her Britannic Majesty shall enjoy whatever privileges, exemptions, and immunities are or may be there granted to agents of the same rank of the most favoured nation.

Art. XII. For the better security of commerce between the subjects of Her Britannic Majesty and the citizens of the Republic of Peru, it is agreed that if, at any time, any interruption of friendly intercourse or any rupture should unfortunately take place between the two contracting parties, the subjects or citizens of either of the two contracting parties, residing upon the coasts, shall be allowed six months, and those residing in the interior a year, to wind up their accounts, and dispose of their property; and a safe-conduct shall be given them to embark at the port which they shall themselves select. All subjects or citizens of either of the two contracting parties who may be established in the dominions or territories of the other, in the exercise of any trade or special appointment, shall have the privilege of remaining and continuing such trade or employment therein, without any manner of interruption, in full enC C

joyment of their liberty and property, as long as they behave peaceably, and commit no offence against the laws; and their goods and effects, of whatever description they may be, whether in their own custody, or entrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like effects or property belonging to native subjects or citizens. In the same case, debts between individuals, public funds, and the shares of companies, shall never be confiscated, sequestered, or detained.

Art. XIII. The subjects or citizens of either of the two contracting parties, residing in the dominions or territories of the other, shall continue to enjoy, as hitherto, in regard to their houses, persons, and properties, the protection of the Government.

In like manner, the subjects and citizens of each contracting party shall enjoy, in the dominions or territories of the other, full liberty of conscience, and shall not be molested on account of their religious belief, provided they respect the established laws and customs; and such of those subjects and citizens as may die in the territories of the other party, shall be buried in the public cemeteries or accustomed places, with suitable decorum and respect.

Art. XIV. If any ship of war or merchant-vessel of either of the contracting parties should be wrecked on the coasts of the other, such ship or vessel, or any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize which shall be saved therefrom, or the produce thereof, if sold, shall

be faithfully restored to the proprietors, upon being claimed by them or by their duly authorised agents; and if there are no such proprietors or agents on the spot, then the said goods and merchandize, or the proceeds thereof, as well as all the papers found on board such wrecked ship or vessel, shall be delivered to the British or Peruvian Consul in whose district the wreck may have taken place; and such Consul, proprietors, or agents shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage which would have been payable in the like case of a wreck of a national vessel. The goods and merchandize saved from the wreck shall not be subject to duties, unless cleared for consumption.

Art. XV. The Republic of Peru engages to co-operate with Her Britannic Majesty for the total abolition of the Slave Trade, and to prohibit all persons inhabiting the territories of the Republic, or subject to its jurisdiction, in the most effectual manner, and by penal laws, from taking any share in such trade.

Art. XVI. In order that the two contracting parties may have the opportunity of hereafter treating and agreeing upon such other arrangements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective subjects and citizens, it is agreed that at any time after the expiration of seven years from the date of the exchange of the ratifications of the present treaty, either of the contracting parties shall have the right of giving to the other party notice of its intention to terminate Articles III., IV.,