Berlin.
mouths, as well as on the territorial waters fronting the months of
the river. _ ,
The traffic shall likewise remain free, notwithstanding the state
of war, on its roads, its railways, its lakes, and its canals as mentioned
in Articles XY. and XYX. 8 _ .
The only exception to this principle shall he in cases in connection
with the transport of articles intended for a belligerent, and held
in accordance with the law of nations to he contraband of war.
All the works and establishments instituted in execution of the
present Act, particularly the offices of collection and their funds
as well as the staff permanently attached to the service of such
establishments, shall be treated as neutral, and shall be respected
and protected by the belligerents.
CHAPTEE Y.
TH E ACT OF NAVIGATION OF THE NIGER.
Article XXYI.
The navigation of the Niger, without excepting any of the
branches or issues, is and shall continue completely free for merchant
vessels of all nations, in cargo or ballast, conveying goods
or conveying passengers. I t 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 th a t navigation, the subjects and flag of every
nation shall be treated under all circumstances on a footing of
perfect equality, as well as 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 riverwork throughout its
course.'
Consequently throughout the length and mouths of the Niger
there «ba.11 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 any individual.
These provisions are recognised by the signatory Powers as
henceforth forming part of public international law.
Article XXYII.
The navigation of the Niger shall not be subjected to any obstacle,
nor duty based only on. the fact of the navigation.
I t shall not be subject to any duties for harbourage, 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 nor 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 tariffs of these taxes or dues shall admit of no
differential treatment.
Article X X Y III.
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.
Eoads, 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 similarly open 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
enunciated in Articles XXYI., XXYII., XXYIII., XXIX.,
to so much of the waters of the Niger and its affluents, 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.
Berlin.