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THE HONGKONG GOVERNMENT GAZETTE, 8TH JANUARY, 1876.
ARTICLE XVI.
The people of the Contracting Parties shall have the right to establish in each other's country commercial, industrial, and banking companies, co-operative, or mutual or shareholding associations, or any other association, whether between and amongst themselves, or between them and Tunisian subjects or subjects of any other Power: Provided the object of such companies and associations be lawful, and subject always to the laws of the country in which they shall be established.
It is, however, understood, that no joint stock companies limited, whose capital is made up of nominal shares to bearer, and no anonymous association shall be established in their respective territories without the authorization of the local Government.
ARTICLE XVII.
British subjects and Tunisian subjects shall be free to exercise in each other's country any art, profession, or industry; to establish manufactories, and factories, and to introduce steam machinery or machinery moved by any other power, without being subjected to any other formality or to the payment of higher or other taxes and imposts than those prescribed by the laws or municipal regulations, or which are paid by natives.
It is understood that the manufactories and their appurtenances, being immovable property, shall be subject to the provisions of the Convention of the 10th October, 1863, relative to the permission granted to British subjects to hold real property in the Regency of Tunis.
ARTICLE XVIII.
No harbour, pilotage, light-house, or quarantine dues, or other local dues, shall be levied upon British vessels, which are not imposed upon Tunisian vessels or upon the vessels of the most favoured
nation.
If a British vessel shall enter a Tunisian port from stress of weather and depart, it shall not be subject to the payment of the aforesaid dues, but shall pay only the fee to the pilot, should a pilot be required. Should such vessel, however, visit a Tunisian port for the purpose of procuring water and of purchasing provisions, it shall pay only a portion, not exceeding half, of the harbour, pilotage, light- house, and quarantine or other local dues payable at the said port.
In like manner Tunisian vessels which shall visit any of the ports of Her Majesty's dominions shall pay only the harbour, quarantine, and other dues which are levied upon British vessels.
ARTICLE XIX.
The captains of merchant-vessels having goods on board destined for the Regency of Tunis shall, on their arrival at the port where such goods are to be landed, deposit in the Custom-house of such port a true copy of their manifest.
ARTICLE XX.
If a British subject be detected in smuggling into the Regency any description of goods or should be detected in embarking any goods, the produce of Tunis, for which he can exhibit no Custom-house permit, such goods shall be confiscated by the Tunisian Treasury, but a report or procès-verbal of the alleged contraband must, as soon as the said goods are seized by the authorities, be drawn up and communicated to the British Consular authorities, and no goods can be confiscated as contraband unless the fraud with regard to them shall be duly and legally proved.
It is stipulated that vessels navigating under the British flag shall submit to the regulations of the port; that such vessels, speronaras, boats, and the like craft shall not serve as depôts for merchandize; and that whenever their detention in the Tunisian ports shall exceed eight calendar months, they shall, when required to do so, give satisfactory explanations to the British Consular authority and to the Local Authorities in regard to the motive of their detention in such ports. Should such explanations be deemed unsatisfactory, the Custom-house may, with the consent of Her Majesty's Agent and Consul-General, place a guard on board for the prevention of fraud, the expenses for such guard being at the charge of the vessel.
ARTICLE XXI.
Should British subjects desire to embark in, or discharge goods from, any vessel, they can employ the Tunisian Custom-house boats, paying the usual charges for the use of such boats. They are free, however, to discharge their merchandize without using the Custom-house boats, in which case they will apprize the Administration of the Customs of it in writing, taking care to mention, on the arrival of each steamer or vessel having goods on board to their consignment, that they will be present them- selves, or be represented by their agents, to assist at the discharge of said goods. In case of their absence, however, the Custom-house will proceed to discharge their goods, rendering itself responsible as heretofore unless in a case of "force majeure." No sort of claim can be preferred by the consignee against the Custom-house on the plea that it had not the right to discharge his goods, seeing that the discharge is made with the sanction of the master of the vessel, and not with that of the Custom-house.
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