691600-1876-General-Convention-with-Tunis- — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, 8TH JANUARY, 1876.

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Every consignee who discharges his goods after making the demand in writing, will provide himself with a Custom-house officer, who will accompany him to the vessel and return with him to the Custom-house. The fee to the Custom-house officer shall be paid by the merchant.

ARTICLE XXII.

Whenever the Tunisian Government shall temporarily prohibit the exportation of wheat, barley, cattle, or any other article of native produce, such prohibition shall not come into operation until three months after official notification shall have been given, and shall apply only to the specific article or articles mentioned in the Decree enacting the prohibition.

ARTICLE XXIII.

No British subject, nor any person under British protection, shall, in the Regency of Tunis, be made liable to pay a debt due from another person of his nation unless he shall have made himself responsible or guarantee for the debtor by a valid document. Neither shall any British subject be compelled to sell anything to, or to buy anything from, a Tunisian without his own free will. seller shall be obliged to deliver up to the purchaser only that portion of the goods which he voluntarily sold to him, and he purchaser shall have no claim or right upon the remaining portion of such goods or merchandize.

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In like manner, no Tunisian subject in the Dominions of the Queen of Great Britain shall be made liable to pay a debt due from another person of his nation to a British subject, unless he shall have made himself responsible or guarantee for the debtor by a valid document.

ARTICLE XXIV.

In all criminal cases and complaints where the prosecutor and prisoner are British subjects, and in all civil differences, disputes, or litigation which may occur between British subjects exclusively, the Agent and Consul-General, Consul, or other British authority, shall be sole judge or arbiter. No one shall interfere, but they shall be amenable to the British Consular Courts only.

All civil differences, disputes, or litigations between British subjects and the subjects of any foreign country other than Great Britain, shall be decided solely in the Tribunals of the foreign Consuls, according to the usages heretofore established, or which may hereafter be arranged between such Consuls, without the interference of the Tunisian Courts or Government.

ARTICLE XXV.

Disputes and differences arising between a British and a Tunisian subject, whether the British subject is plaintiff or defendant, of a commercial and civil nature (criminal and correctional excepted), shall be settled by His Highness the Bey, or his delegate, in the presence and with the concurrence of the British Consul-General or Consul.

It is likewise agreed that, should any new procedure differing from the above, be adopted and applied at present, or in future, in the treatment of any other nation, the British subjects, without exception, shall be entitled to the enjoyment thereof, whenever Her Majesty's Government shall request it.

It is, however, understood that, if Mixed Courts should be at any time established in Tunis with the assent and approval of Her Majesty's Government, in that case all civil and commercial suits and disputes arising between. British and Tunisian subjects shall be heard and determined by such Mixed Courts and Tribunals, according to the rules and procedure that may be agreed upon between the Contracting Parties.

ARTICLE XXVI.

The cognizance of crimes committed by British subjects in the Tunisian territory, as well as all contraventions of the police, and other regulations, shall dovolve upon the Consul-General or Consul; and the punishment thereof shall be applied by the said Consul-General or Consul, in concurrence with His Highness the Bey. In case the criminal or offender should escape from the Consular, or other prison, the Consul-General or Consul shall not be held responsible in any manner whatsoever.

ARTICLE XXVII.

No quittance or receipt presented by a British subject to a Court, purporting to be a discharge of a debt which he has contracted towards a Tunisian subject, shall be held as a legal and a valid discharge, unless he can show that such quittance or receipt is under the handwriting, seal, or signature of the Tunisian subject, or duly executed by native notaries, and attested by the Cadi or the Governor of the place. And in like manner no quittance or receipt presented by a Tunisian subject, purporting to be a discharge of a debt which he has contracted towards a British subject, shall be held as a legal and valid discharge or his debt, unless he can show that such quittance or discharge is under the handwriting, signature, or mark of the British subject, duly attested by the Consul, or unless the discharge is drawn up by two notaries and attested by the British Consul."

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