CHAPTER V.

THE ACT OF NAVIGATION OF THE NIGER.

ARTICLE XXVI.

The navigation of the Niger, without excepting any of the branches or

issues, is, and shall continue free for merchant vessels of all nations,

in cargo or ballast, conveying goods or conveying passengers. It shall

be conducted in accordance with the provisions of the present Act of

Navigation, and with the regulations established in execution of the same

Act.

In the exercise of that navigation, the subjects and flags of every

nation shall be treated, under all circumstances, on a footing of

perfect equality, as well in the direct navigation from the open sea to

the interior ports of the Niger, and _vice versa_, as for grand and petty

coasting, and in boat and river work throughout its course.

Consequently throughout the length and mouths of the Niger, there shall

be no distinction between the subjects of the riverside States, and

those of States not bordering on the river, and there shall be conceded

no exclusive privilege of navigation to any society, or corporation or

individual.

These provisions are recognised by the signatory Powers as henceforth

forming part of public international law,

ARTICLE XXVII.

The navigation of the Niger shall not be subjected to any obstacle nor

duty based only on the fact of the navigation.

It shall not be subject to any duties for harborage, stoppages, depots,

breaking bulk, or putting into port through stress of weather.

Throughout the length of the Niger, vessels and goods passing along the

stream shall not be subject to any transit dues, whatsoever may be their

origin or destination.

There shall be established no sea or river toll, based on the sole fact

of navigation, nor any duty on the goods which happen to be on board the

ships. Only such taxes and dues shall be levied as are of the nature of a

payment for services rendered to the said navigation. The tariff of these

taxes or dues shall admit of no differential treatment.

ARTICLE XXVIII.

The affluents of the Niger shall in every respect be subject to the same

regulations as the river of which they are the tributaries.

ARTICLE XXIX.

Roads, railways or lateral canals, which shall be established with the

special object of supplementing the innavigability or other imperfections

of the waterway, in certain sections of the course of the Niger, its

affluents, its branches, and its issues, shall be considered, in their

capacity of means of communication, as dependencies of the river and

shall be open similarly to the traffic of all nations,

As on the river, there shall be levied on the roads, railways and canals,

only such tolls as are calculated on the expenses of construction,

maintenance and administration, and on the profits due to the promoters.

In the assessment of these tolls, foreigners and the inhabitants of the

respective territories, shall be treated on a footing of perfect equality.

ARTICLE XXX.

Great Britain undertakes to apply the principles of freedom of navigation

annunciated in Articles XXVI., XXVII., XXVIII., XXIX., to so much of the

waters of the Niger and its affluent branches and issues as are or shall

be under her sovereignty or protectorate.

The regulations she will draw up for the safety and control of the

navigation, shall be designed to facilitate, as much as possible, the

passage of merchant shipping.

It is understood that nothing in the engagements thus accepted shall be

interpreted as hindering or likely to hinder Great Britain from making

any regulations whatever as to the navigation which shall not be contrary

to the spirit of such engagements.

Great Britain undertakes to protect foreign traders of every nation

engaged in commerce in those parts of the course of the Niger, which are

or shall be under her sovereignty or protectorate, as if they were her

own subjects, provided that such traders conform to the regulations which

are or shall be established in accordance with the foregoing.

ARTICLE XXXI.

France accepts, under the same reservations and identical terms, the

obligations set forth in the preceding articles, so far as they apply

to the waters of the Niger, its affluents, its branches and its issues,

which are or shall be under her sovereignty or protectorate.

ARTICLE XXXII.

Each of the other Signatory Powers similarly undertake, that they will

similarly act in such cases as they exercise or may hereafter exercise,

rights of sovereignty or protectorate, in any part of the Niger, its

affluent branches or issues.

ARTICLE XXXIII.

The provisions of the present Act of Navigation shall remain in force

during times of war. Consequently, the navigation of all nations, neutral

or belligerant, shall at all times be free for the purpose of trade on

the Niger, its branches, affluents, mouths and issues, as well as on the

territorial waters fronting the mouths and issues of the river.

The traffic shall likewise remain free, notwithstanding the state of war,

on its roads, its railways and canals mentioned in Article XXIX.

The only exception to this principle shall be in cases in connection

with the transport of articles intended for a belligerent, and held, in

accordance with the laws of nations, to be contraband of war.

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