The Hawaiian gazette., 1870-09-07


tanned with their vessels luggage-sargoes or CONNER
cial effects for any military expedition whatever, nor
for any public or private service whatever, unless the
Government local authorities shall have previously
agreed with the parties interested that just ndem-
nifty shall be granted for such service, and for such
compensation as might fairly be required for the
wrong, which not being purely fortuitous may have
grown out of the service which they have voluntarily
undertaken.
Arficle l. Citizens of either of the contracting Par
ties SHALL the respective territories have the rights
Of possessing property Of any and disposing Of
it on the same conditions native subjects.
Spaniards shall enjoy, in oil the Hawaiian terrific
res the right of collecting and transmitting success
sions aB intestato, testamentary, as Hawaiians
according the laws of the country without being
subjected as strangers any burthen impost which
are not paid by the natives.
Reciprocity, Hawaiian subjects shall enjoy in
Spain the right Of collecting and transmitting sue
cessions oB intestato, testamenary, on the same
conditions as Spaniards according to the laws of the
country, and without being subject strangers to
any charge or impost not paid by the natives.
The same reciprocity between the citizens of the
two countries shall exist for donations inter views.
On the expectation of property collected acquired
under any head by spnniards in the Hawaiian Islands
OF by Hawaiins in Spain, there shall be duty on
removal emigration, nor any duty whatever to
which natives not subjected.
Article 6. All Spanish or Hawaiian vessels sailing
under their respective colors, and which shall be
bearers of the ships papers and documents required
by the laws Of their respective countries, shall be
considered national vessels.
Article g. Spanish vessels which shall arrive either
in ballast laden. in Hawaiian ports, which shall
leave the same and. reeiproeally Hawaiian vessels
which either in ballast laden, enter or leave the
ports of SPAIN whether by by rivers canals
whatever be the place of their departure that Of
their destination shall be subject, either at entry
OF departure to duties on tonnage, port transit,
potage, anchorage, shifting, lighthouse, sluice,
canals, quarantine, salvage, bonding warehouses,
patent, brokerage, navigation, passage, to any
duties charges whatever levied the hulks of
vessels received established for the benefit of the
Government of the public functonaries communes
or establishment Ct any sort. other than those which
are now, may hereafter be levied national
vessels.
Article TO- In all that regards the stationng, the
loading and unloading of vessels in the ports rood-
steads haFbors and docks and generally for all the
formalities and arrangements whatever which
sells employed in commerce with their freight and
loading may be subject it is agreed that privilege
shall be granted to national vessels which shall not
be equally granted to vessels Of the other country,
the intention of the high contracting parties being
that in this respect also, the respective vessels shall
be treated the footing of perfect equality.
Article II. Vessels Of the subjects of the con-
tracing Parties, compelled to seek shelter in the
ports of the other, shall pay neither the vessels
the cargo, duties than those levied
onal vessels in the situation provided that the
necessity of such shelter seeking be legally shown;
that the vessel shall carry commercial specua-
TONS and that it will tarry longer than is required
by the motives which impeed it to enter the port
Article Il. Spanish ships of and whaling ships
shall have free all the open Hawaiian ports
they may there anchor, be repaired. and vctual their
crews they may proceed from harbor to another
Of the Hawaiian Islands for fresh provisions At all
the ports which may be hereafter opened to
foreign vessels. Spanish ships of. war and whalers
shall be subject to the rules which may
be imposed, and shall enjoy in all respects the
rights, privileges and immunities which may
be granted to Hawaiian ships and whslers, those
of the most favored nation.
Article 10. Articles of all sorts imported into the
ports of either Of the contracting States under the
flag of the other whatever be their origin and from
whatever country imported, shall pay neither other
heavier duties of entry and shall be subjected
to any other charges than those imposed on vessels
under the Gag of the most favored nation.
Article IA. Spanish ships in the Hawaiian Islands,
and Hawaiian ships in Spain, may discharge portion
of their cargo in the port of their first arrival and
proceed with the rest of their cargo other ports
the country which may be open to foreign trade
whether to complete their unloading or to provide
their return cargo and shall pay neither port other
heavier duties than those levied on national vessels
in similar circumstances.
As regards the eoasting trade the vessels of each
country shall be mutually treated the same foot
ing as the most favored nation.
Article Is. During the period allowed by the laws
of the two countries for the ware-bousing of goods
other duties than those fer custody and storage
shall be levied upon articles imported from one of the
two countries into the other until they shall be re
moved for transit reexporaton or internal consump-
ton. In case shall such articles pay higher du-
ties be liable other formalites than if they had
been imported under the national flag, or from the
most favored country.
Article 10. Merchandise shipped on board Spanish
Hawaiian ships, or belonging to their respective
citizens may be transhpped in the ports of the two
countries a vessel bound for national or foreign
port according the Custom House regulatiousof the
countries and the goods transported for other
ports shall be exempt from all duties of Custom or
warehouse
Article H. Articles of all sorts proceeding from
Spain shipped for spau shall enjoy in their pas
sage through the territory of the Hawaiian Islands
whether in direct transit for re-exportation all the
advantages possessed under the same circumstances !
by the most favored nation.
Reeiprocaly the articles of every sort proceeding
from the Hawaiian Islands or sent for that country
shall enjoy, in their passage through Spain. the same
advantages possessed by the most favored ma
ton.
Article is. Neither one nor the other of the con-
tracing parties will impose upon the goods proceed
ing from the soil the manufactures the houses
of the ether, different greater duties on mporta
ton re-exportAton than those which shall be i'm
posed on the same merchandise coming from any 9th
er foreign country. Nor shall there be imposed on |
the goods exported from country to the other diff
erent higher duties than if they exported to
any other foreign country. No restriction or proh-
bition Of importation expectation shall take place
in the reciprocal of the contracting parties