1885. I t is understood th a t nothing in the engagements thus accepted
Feb. 26. s]jaii t e interpreted as hindering or likely to hinder Great Britain
Berlin, from making any regulations whatever as to the navigation which
shall not he 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 he under her sovereignty or protectorate,
as if they were her own subjects, provided th a t 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 in identical
terms the obligations set forth in the preceding Article, so far as
they apply to the waters of the Niger, its affluents, branches, and
issues, which are or shall be under her sovereignty or protectorate.
Akticle X X X II.
Each of the other signatory Powers similarly undertake th a t
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 affluents, branches, or issues.
Article X X X III.
The provisions of the present Act of Navigation shall remain in
force during times of war. Consequently the navigation of all
nations, neutral or belligerent, shall a t all times be free for the
purposes of trade on the Niger, its branches and affluents, its 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 w ith the law of nations, to be contraband
of war.
CHAPTER VI.
DECLARATION RELATIVE TO THE ESSENTIAL CONDITIONS FOR NEW ANNEXATIONS
ON THE AFRICAN CONTINENT TO BE CONSIDERED
EFFECTIVE.
Article XXXIV.
The Power which in future takes possession of a territory on
the coasts of the African continent situated outside its actual possession,
or which, having none there, has first acquired them, and
the Power which assumes a protectorate, shall accompany either
act by a notification addressed to the other Powers signatory to
the present Act, so as to enable them to protest against the same
if there exist any grounds for their doing so.
Article XXXV.
The Powers signatory to the present Act recognise the obligation
to ensure in the territories occupied by them on the coasts of
the African continent, the existence of an adequate authority to
enforce respect for acquired rights, and for freedom of trade and
transit wherever stipulated.
, CHAPTER VII.
GENERAL PROVISIONS.
Article X X X VT.
The Powers signatory to the present general Act reserve to
themselves the rig h t of eventually, by mutual agreement, introducing
therein modifications or improvements the u tility of which
has been shown by experience.
Article XXXVII.
The Powers who may not have signed the present Act shall
accept its provisions by a separate Act.
The adhesion of each Power shall be notified in the usual diplomatic
manner to the Government of the German Empire, and by it
to those of all the signatory and adherent States.
The adhesion shall imply the full rig h t of acceptance of all the
obligations, and admission to all the advantages stipulated for in
the present general Act.
Article X X X V III.
The present general Act shall be ratified with as short a delay
as possible, and in no case shall th a t delay exceed a year.
1885.
Feb. 26
Berlin,