TREATY BETWEEN ENGLAND AND KASHGAR
TREATY BETWEEN THE BRITISH GOVERNMENT AND His HIGHNESS THE AMEER MAHOMED YAKOOB KHAN, EULER OF THE TERRITORY OF KASHGAR AND YARKAND, HIS HEIRS AND SUCCESSORS, EXECUTED ON THE ONE PART BY THOMAS DOUGLAS FoRSYTH, C.B., IN VIRTUE OF FULL POWERS CONFERRED ON HIM IN THAT BEHALF BY HIS EXCELLENCY THE ElGHT HON. THOMAS GEORGE BARING, BARON NORTHBROOK OF STRATTON, AND A BARONET, MEMBER OF THE PRIVY COUNCIL OF HER MOST GRACIOUS MAJESTY THE QUEEN OF GREAT BRITAIN AND IRELAND, GRAND MASTER OF THE MOST EXALTED ORDER OF THE STAR OF INDIA, VICEROY AND GOVERNOR-GENERAL OF INDIA, IN COUNCIL, AND ON THE OTHER PART BY SYUD MAHOMED KHAN TOORAH, MEMBER OF THE 1ST CLASS OF THE OllDER OF MEDJIDIE, &C. IN VIRTUE OF FULL POWERS CONFERRED ON HIM BY His HIGHNESS.
WHERE AS it is deemed desirable to confirm and strengthen the good understanding which now subsists between the high contracting parties, and to promote commercial intercourse between their respective subjects, the following Articles have been agreed upon :
The high contracting parties engage that the subjects of each shall be at liberty to enter, reside in, trade with, and pass with their merchandise and property into and through all parts of the dominions of the other; and shall enjoy in such dominions all the privileges and advantages with respect to commerce, protection or otherwise, which are, or may be, accorded to the subjects of such dominions, or to the subjects or citizens of the most favoured nation.
Merchants of whatever nationality shall be at liberty to pass from the territories of the one contracting party to the territories of the other, with their merchandise and property at all times, and by any route they please ; no restriction shall be placed by either contracting party upon such freedom of transit, unless for urgent political reasons to be previously communicated to the other ; and such restriction shall be withdrawn as soon as the necessity for it is over*
European British subjects entering the dominions of His Highness the Ameer, for purposes of trade, or otherwise, must be provided with passports certifying to their nationality. Unless provided with such pass- ports they shall not be deemed entitled to the benefit of this treaty.
On goods imported into British India from territories of His Highness the Ameer, by any route over the Himalay an passes, which lie to the south of His Highness's dominions, the British Government engages to levy no import duties. On goods imported from India into the territories of His Highness the Ameer, no import duty exceeding 2^ per cent., ad valorem, shall be levied. Goods imported, as above, into the dominions of the contracting parties may, subject only to such excise regulations and duties, and to such municipal or town regulations and duties, as may be applicable to such classes of goods generally, be freely sold by wholesale or retail, and transported from one place to another within British India, and within the dominions of His Highness the Ameer respectively.
Merchandise imported from India into the territories of His Highness the Ameer will not be opened for examination, till arrival at the place of consignment. If any disputes should arise as to the value of such goods, the customs officer, or other officer acting on the part of His Highness the Ameer, shall be entitled to demand part of the goods, at the rate of one in forty, in lieu of the payment of duty. If the aforesaid officer should object to levy the duty by taking a portion of the goods, or if the goods should not admit of being so divided, then the point in dispute shall be referred to two competent persons, one chosen by the aforesaid officer, and the other by the importer, and a valuation of the goods shall be made, and if the referees shall differ in opinion, they shall appoint an arbitrator whose decision shall be final, and the duty shall be levied according to the value thus established.
The British Government shall be at liberty to appoint a ^Representative at the Court of His Highness the (appendix.325) Ameer, and to appoint a Commercial Agent, subordinate to him in any town or place considered suitable within His Highness's territories. His Highness the Ameer shall be at liberty to appoint a .Representative with the Viceroy and Governor-General of India, and to station Commercial Agents at any places in British India con- sidered suitable. Such Representatives shall be entitled to the rank and privileges accorded to ambassadors by the law of nations, and the Agents shall be entitled to the privileges of Consuls of the most favoured nation.
Ameer, and to appoint a Commercial Agent, subordinate to him in any town or place considered suitable within His Highness's territories. His Highness the Ameer shall be at liberty to appoint a .Representative with the Viceroy and Governor-General of India, and to station Commercial Agents at any places in British India con- sidered suitable. Such Representatives shall be entitled to the rank and privileges accorded to ambassadors by the law of nations, and the Agents shall be entitled to the privileges of Consuls of the most favoured nation.
British subjects shall be at liberty to purchase, sell, or hire land, or houses, or depots for merchandise, in the dominions of His Highness the Ameer, and the houses, depots, or other premises of British subjects, shall not be forcibly entered or searched without the consent of the occupier, unless with the cognizance of the British Representative or Agent, and in presence of a person deputed by him.
The following arrangements are agreed to for the decision of Civil Suits and Criminal Cases within the territories of His Highness the Ameer, in which British subjects are concerned: (a.) Civil suits in which both plaintiff and defendant are British subjects, and Criminal Cases in which both prosecutor and accused are British subjects, or in which the accused is a European British subject, mentioned in the Third Article of this Treaty, shall be tried by the British Representative or one of his Agents, in the presence of an Agent appointed by His Highness the Ameer; (d.) Civil suits in which one party is a subject of His Highness the Ameer, and the other party a British subject, shall be tried by the Courts of His Highness, in the presence of the British Eepresentative or one of his Agents, or of a person appointed in that behalf by such Eepresentative or Agent; (c.) Criminal cases in which either prosecutor or accused is a subject of His Highness the Ameer shall, except as above otherwise provided, be tried by the Courts of His Highness in presence of the British Eepresentative, or of one of his Agents, or of a person deputed by the British Eepresentative, or by one of his Agents; (d.) Except as above otherwise provided, Civil and Criminal Cases in which one party is a British subject, and the other the subject of a foreign power, shall, if either of the parties be a Mahomedan, be tried in the Courts of His Highness ; if neither party is a Mahomedan, the case may, with consent of the parties, be tried by the British Eepresentative or one of his Agents ; in the absence of such consent, by the Courts of His Highness ; (e.) In any case disposed of by the Courts of His Highness the Ameer to which a British subject is party, it shall be competent to the British Eepresentative, if he considers that justice has not been done, to represent the matter to His Highness the Ameer, who may cause the case to be re-tried in some other Court, in the presence of the British Eepre-
sentative, or of one of his Agents, or of a person appointed in that behalf by such Eepresentative or Agent.
The rights and privileges enjoyed within the dominions of His Highness the Ameer by British subjects under the Treaty, shall extend to the subjects of all Princes and States in India in alliance with Her Majesty the Queen ; and if, with respect to any sucli Prince or State, any other provisions relating to this Treaty or to other matters should be considered desir-
able, they shall be negotiated through the British Government.
Every affidavit and other legal document filed or deposited in any Court established in the respective dominions of the high contracting parties, or in the Court of the Joint Commissioners in Ladakh, may be proved by an authenticated copy, purporting either to be sealed with the seal of the Court to which the original document belongs, or, in the event of such Court having no seal, to be signed by the Judge, or by one of the Judges of the said Court.
When a British subject dies in the territory of His Highness the Ameer his movable and immovable pro-perty situate therein shall be vested in his heir, executor, administrator, or other representative on interest or (in the absence of such representative) in the Representative of the British Government in the aforesaid territory. The person in whom such charge shall be so vested shall satisfy the claims outstanding against the deceased, and shall hold the surplus (if any) for distribution among those interested. The above provisions, mutatis mutandis, shall apply to the subjects of His Highness the Ameer, who may die in British India.
If a British subject residing in the territories of His Highness the Ameer becomes unable to pay his debts or fails to pay any debt within a reasonable time after being ordered to do so by any Court of Justice, the creditors of such insolvent shall be paid out of his goods and effects ; but the British Representative shall not refuse his good offices, if needs be, to ascertain if the insolvent has not left in India disposable property which might serve to satisfy the said creditors. The friendly stipulations in the present Article shall be reciprocally observed with regard to His Highness's subjects who trade in India under the protection of the laws. This treaty having this day been executed in duplicate and confirmed by His Highness the Ameer, one
copy shall, for the present, be left in the possession of His Highness, and the other, after confirmation by the Viceroy and Governor-General of India, shall be delivered to His Highness within twelve months in ex-change for the copy now retained by His Highness.
Signed and sealed at Kashgar on the second day of February, in the year of our Lord one thousand eight hundred and seventy-four, corresponding with the fif- teenth day of Zilhijj, one thousand two hundred and ninety Hijree.
(Signed) T. DOUGLAS FORSYTH, Envoy and Plenipotentiary.
Whereas a Treaty for strengthening the good understanding that now exists between the British Govern- ment and the Euler of the territory of Kashgar and Yarkand, and for promoting commercial intercourse between the two countries, was agreed to and concluded at Kashgar, on the second day of February, in the year of our Lord eighteen hundred and seventy-four, corresponding with the fifteenth day of Zilhijj, twelve hundred and ninety Hijree, by the respective Plenipotentiaries of the Government of India and of His Highness the Ameer of Kashgar and Yarkand, duly accredited and empowered for that purpose : I, the Eight Hon. Thomas George Baring, Baron North- brook of Stratton, &c., &c., Viceroy and Grovernor-General of India, do hereby ratify and confirm the Treaty aforesaid.
Given under my hand and seal at Government House, in Calcutta, this thirteenth day of April, in the year of our Lord one thousand eight hundred and seventy-four.
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