TREATY of Friendship between Germany and Tonga.-Signed at Nukualofa, November 1, 1876.*

HIS MAJESTY the German Emperor, King of Prussia, &c., in the name of the German Empire on the one part, and the King of Tonga on the other part, being desirous to maintain and strengthen mutually their relations and interests, have resolved to conclude a Treaty of Friendship. For this purpose they have named as their Plenipotentiaries, that is to say:

His Majesty the German Emperor, King of Prussia, &c., the Capitain (zur See) Ernst Wilhelm Heinrich Hugo Eduard Knorr, commanding His Majesty's ship Hertha, Knight of the Iron Cross of the second class, and of the Order of the Red Eagle of the fourth class, and Theodor August Ludwig Weber, Esq., His Imperial Majesty's Consul for Tonga and Samoa; and,

His Majesty the King of Tonga, Uiliami Tugi, President of the Legislative Assembly of Tonga, and the Rev. Shirley Waldemar Baker, Wesleyan Minister, as interpreter ;

Who after communicating to each other their full powers, have agreed upon the following Articles :

ART. I. There shall be peace and perpetual friendship between the States of the German Empire on the one part and Tonga on the other part, also between their respective rulers and people, without distinction of persons and places.

II. The subjects of both Contracting Parties shall have in both countries the most perfect and perpetual protection for their persons and property. They shall enjoy in this respect the same rights and privileges as native subjects.

Tongans in Germany and Germans in Tonga shall be exempted from all political offices and military services, by land or water, and from all similar corresponding services; also from all war contributions, forced loans, military requisitions or services, of whatsoever kind they may be. Furthermore, they shall not in any case be subject in regard to their movable and immovable property to any other charges, taxes, or assessments than those which are demanded from native subjects, or from subjects of the most favoured nations.

III. The Tongans who reside or sojourn in Germany, and the Germans who reside or sojourn in Tonga, shall enjoy perfect liberty of conscience and religious worship, and the respective Governments shall not allow them to be molested, or annoyed, or disturbed on account of their religious faith, or on account of the celebration of divine service in private houses, chapels, churches, or other places

* Signed also in the German language.

used for the purpose of divine service, always observing the religious propriety and due respect of the laws, manners, and customs of the country.

The subjects of both countries shall also have the privilege of burying their countrymen, who may die in Germany or Tonga, in suitable and convenient places which they may establish and maintain for that purpose with the consent of the local authorities; and in no case shall their burial services, in accordance with their religious customs, be disturbed, nor the graves be damaged or destroyed.

IV. There shall be reciprocal full freedom of commerce between all the dominions of the German States and all the dominions of Tonga. The subjects of the two High Contracting Parties may enter with their vessels and cargoes into all places, ports, and waters of Germany and Tonga with all safety. The Tongans in Germany and the Germans in Tonga shall enjoy in this respect the same liberty and security as native subjects.

V. There shall also be reciprocal liberty for the ships of war of the two High Contracting Parties to enter into all places, ports, and waters within the dominions of either party, to anchor there and to remain, take in stores, refit and repair, subject to the laws and regulations of the country.

In order to facilitate the accomplishment of these objects in his dominions, and especially to aid in the establishment of a coaling station in his dominions, the King of Tonga grants (respectively leases "no fonua") the German Government all rights of free use of the necessary ground at a suitable appropriate place in the Vavau group; but always without prejudice to the rights of sovereignty of the King of Tonga.

VI. The subjects of each of the two High Contracting Parties may with full liberty reciprocally proceed to any and every part of their respective territories, and may reside there or undertake voyages and journeys, carry on commerce wholesale or retail, and fix the prices for merchandize and produce or other articles of any kind, whether imported by them or intended for export. Further particulars with regard to their mutual relations of commerce being reserved for a special Treaty of Commerce and Navigation.

They may, furthermore, rent land and grounds, and use and cultivate them with full liberty; they may erect houses, warehouses, and stores as they may desire on such rented land or grounds; and also buy, rent, and occupy such houses, warehouses, and stores.

In all these cases the subjects of both States have to observe the laws and regulations of the country; but in no case shall they be subjected to any other general or local contributions, assessments, or obligations of whatever kind they may be, but those which are

imposed upon the native subjects; and any taxes, dues, charges, and other obligations which may be enacted by the laws of the country with reference to any Government deeds of leases of lands or grounds, besides the rent agreed upon, shall have effect only with regard to the ordinary poll taxes, licences, and road repairs; whilst any other respective extraordinary charges or assessments are reserved for an especial agreement between the High Contracting Parties.

VII. Inasmuch as a separate Treaty, or respective arrangements, as mentioned in the preceding Article, have been reserved with the view of further strengthening and promoting the mutual relations of the High Contracting Parties, it is also reserved for the same object hereafter to regulate, as deemed necessary, the legal and civil (marriages, &c.) position of the subjects of each State, and of those who share their protection, during their stay in the dominions of the other party; and also the rights, competences, and obligations of mutual Consular representation by the conclusion of a separate Consular Treaty between the two High Contracting Parties.

VIII. Each of the two High Contracting Parties hereby agrees. not to grant in his dominions any monopolies, indemnities, or real privileges to the disadvantage of the commerce, the flag, or the subjects of the other nation.

IX. The two High Contracting Parties agree to grant each other reciprocally, with reference to the preceding Articles, as many rights and privileges as may be granted in future to the most favoured

nations.

X. The present Treaty shall come into force and become valid from the day of the signing the same; reserving that the same become invalid in case its ratification on the part of the German Government shall not take place within the space of one year from the date of its execution.

XI. The present Treaty, consisting of eleven Articles, shall be ratified, and the ratifications be exchanged at Nukualofa, within the space of twelve months.

In witness whereof the Plenipotentiaries have signed the present Treaty, and sealed the same respectively with their seals.

Done at the Harbour of Nukualofa in Tonga Tabu, on board His Imperial German Majesty's ship Hertha.

E. KNORR.

TH. WEBER.

UILIAMI TUGI.

SHIRLEY W. BAKER,

ACT of the British Parliament, respecting the Nationality of Children born abroad of British Parents.

[4 Geo. II, cap. 21.]

[1731.*] AN ACT to explain a Clause in an Act made in the 7th Year of the Reign of Her late Majesty Queen Anne, for Naturalizing Foreign Protestants, which relates to the Children of the Natural-born Subjects of the Crown of England or of Great Britain.

WHEREAS by an Act of Parliament made in the 7th year of the reign of Her late Majesty Queen Anne, intituled "An Act for Naturalizing of Foreign Protestants," it is, amongst other things, enacted, that the children of all natural-born subjects, born out of the ligeance of Her said late Majesty, her heirs and successors, should be deemed, adjudged, and taken to be natural-born subjects of this kingdom to all intents, constructions, and purposes what

soever :

And whereas in the 10th year of Her said late Majesty's reign another Act was made and passed to repeal the said Act (except what related to the children of Her Majesty's natural-born subjects, born out of Her Majesty's allegiance):

And whereas some doubts have arisen upon the construction of the said recited clause in the said Act of the 7th year of Her late Majesty's reign:

Now for the explaining the said recited clause in the said Act, relating to children of natural-born subjects, and to prevent any disputes touching the true intent and meaning thereof, may it please your Most Excellent Majesty that it may be declared and enacted, and be it declared and enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, that all children born out of the ligeance of the Crown of England or of Great Britain, or which shall hereafter be born out of such ligeance, whose fathers were or shall be natural-born subjects of the Crown of England or of Great Britain, at the time of the birth of such children respectively, shall and may, by virtue of the said recited clause in the said Act of the 7th year of the reign of Her said late Majesty, and of this present Act, be adjudged and taken to be, and all such children are hereby declared to be natural-born subjects of the Crown of Great Britain, to all intents, constructions, and purposes whatsoever.

II. Provided always, and be it further enacted and declared by the authority aforesaid, that nothing in the said recited Act of the 7th year of Her said late Majesty's reign, or in this present Act contained, did, doth, or shall extend, or ought to be construed, adjudged, * In force, 1882.

or taken to extend, to make any children born or to be born out of the ligeance of the Crown of England, or of the Crown of Great Britain, to be natural-born subjects of the Crown of England, or of Great Britain, whose fathers at the time of the birth of such children respectively were or shall be attainted of high treason, by judgment, outlawry, or otherwise, either in this kingdom or in Ireland, or whose fathers at the time of the birth of such children respectively, by any law or laws made in this kingdom or in Ireland, were or shall be liable to the penalties of high treason or felony, in case of their returning into this kingdom or into Ireland without the licence of His Majesty, his heirs or successors, or of any of His Majesty's Royal predecessors, or whose fathers at the time of the birth of such children respectively were or shall be in the actual service of any foreign Prince or State then in enmity with the Crown of England or of Great Britain; but that all such children are, were, and shall be and remain in the same state, plight and condition, to all intents, constructions, and purposes whatsoever, as they would have been in if the said Act of the 7th year of Her said late Majesty's reign, or this present Act, had never been made; anything herein, or in the said Act of the 7th year of Her said late Majesty's reign, contained to the contrary in any wise notwithstanding.

III. Provided always, and be it further enacted by the authority aforesaid, that if any child, whose father at the time of the birth of such child was attainted of high treason as aforesaid, or was liable to the penalties of high treason or felony, in case of returning into this kingdom or Ireland without licence as aforesaid, or was in the actual service of any foreign Prince or State then in enmity with the Crown of England or of Great Britain (other than and excepting always out of this proviso all children of such persons who went out of Ireland in pursuance of the Articles of Limerick), hath come into Great Britain or Ireland, or any other of the dominions belonging to the Crown of Great Britain, and hath continued to reside within Great Britain or Ireland, or other the dominions aforesaid, for the space of two years, at any time between the 16th day of November, in the year of Our Lord 1708, and the 25th day of March, in the year of Our Lord 1731, and during such residence hath professed the Protestant religion; or if any child, whose father at the time of his or her birth was within any of the descriptions before mentioned, hath come into Great Britain or Ireland, or any other of the dominions belonging to the Crown of Great Britain, and professed the Protestant religion, and died within Great Britain or Ireland, or any other of the dominions aforesaid, at any time between the said 16th day of November, in the year of Our Lord 1708, and the said 25th day of March, in the year of Our Lord 1731; or if any child, whose father at the time of his or her birth was within any of the descrip