on or search shall be made beforehand, and all
prohibited merchandises shall be stopped on shore before the same be
put on board such vessels. Nevertheless, to prevent on both sides the
defrauding the customs, if it should be discovered, that any
merchandises have been imported or attempted to be put on board such
vessels clandestinely, or without paying the duties, they shall be
confiscated, but in neither case the persons, vessels, or other
merchandises of the citizens and subjects, on one part or the other,
shall be put under any arrest, or be in any manner detained or
molested, nor shall any other punishment be inflicted upon them for
such offences.
ARTICLE VIII.
It shall be wholly free for all merchants, commanders of vessels, and
others, citizens and subjects of the contracting parties, within the
territories of the other party, to manage their own business
themselves, or to commit it to the management of whomsoever they
please; nor shall they be obliged to make use of any interpreter or
broker, nor to pay them any salary, unless they choose to make use of
them. They shall likewise have full liberty to employ such advocates,
procurators, notaries, solicitors and factors, as they shall think
proper. Moreover, masters of vessels shall not be obliged in loading
or unloading them, to make use of any workmen who may be appointed by
public authority for that purpose; but it shall be entirely free for
them to load or unload their vessels by themselves, and their own
proper mariners, or to make use of such persons in loading or
unloading their vessels as they shall think fit, without the payment
of any salary to any other whomsoever; neither shall they be forced to
unload any sort of merchandises into other vessels of any sort, or to
receive them into their own, or to wait for their being loaded longer
than they shall have contracted for.
ARTICLE IX.
If any dispute shall arise between any commander of the vessels of
either party and his seamen, in any port of the other party,
concerning wages due to the said seamen, or other civil causes, the
magistrate of the place shall require no more from the person
complained against, than that he give to the complainant a
declaration in writing, witnessed by the magistrate, whereby he shall
be bound to prosecute that matter before a competent judge in his own
country according to the law thereof; which being done,
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