ANNEX II

REGULATIONS?GOVERNING THE SEIZURE OF LIVESTOCK

Whereas it is necessary to expand what is covenanted in article XXIX of the Treaty on Boundaries concerning the seizure of livestock that crosses the frontier and enters alien lands to graze unlawfully, and in order to render the general rules laid down on that subject easily applicable in practice, the Plenipotentiaries of both States have agreed as follows:

Article I, Seizures of livestock shall be considered lawful only if made by the public force or the rural guards of the villages, whatever may be the name by which they are designated in either country. The rural guards of the villages mu'st be sworn and their word, like that of other lawful seizers, shall constitute evidence before the authorities of the district in question in the absence of sufficient proof to the contrary. The appointment of village guards shall take place in each municipal district in accord ance with its uses and customs and shall be notified, by the local alcalde in Spain and by the administrator of the Concejo in Portugal, to the authority and adjoining municipalities of the neighbouring nation so that they may recognize the said employees as such. For the same purpose, the guards must wear an external badge to distinguish them in the exercise of their office.

Article II. Whenever a seizure of livestock takes place, the seizer, after retaining as security one animal for every 10 and in any case one, even where the number seized is less than 10, shall make the corresponding report to the competent alcalde or authority, handing over the animals retained, which shall be impounded to answer for the penalty and expenses. The alcalde, and in Portugal the administrator of the Concejo, shall without delay notify the competent authority of the residence of the owner of the livestock by. means of an official dispatch communicating the occurrence and such circumstances as he may deem necessary, stating in particular the name of the herdsman and of the owner of the livestock in order for the said owner to appear personally, or represented by a duly empowered person, in trial within a period of 10 days following the date of the capture.

Article III. When the trial has been held in the presence of the person concerned and in the briefest, most summary manner possible, in accordance with the procedure laid down in the legislation of each country for this type of violation, if the legitimacy of the seizure is established, the owner shall become liable for the appropriate fine by way of penalty, the costs incurred in the trial, the remuneration paid to messengers for the notices involved in the judicial proceedings, and the expenses of feeding and guarding the livestock retained.

Article IV. The fines to be imposed in the trial by way of penalties shall be in keeping with what has become established between the conterminous municipalities by mutual covenants or by prevailing customs. Where no mutually accepted covenants or customs exist concerning such matters, the owners of.the transgressing livestock shall pay, by way of penalty, a fine of one escudo (450 Portuguese reis) per animal for large livestock (cows, horses, oxen and mules) and one real (45 reis) per animal for small livestock (sheep and goats), the young of such animals not being included in either case for purposes of this evaluation. If the infraction was committed during the night, the established penalties shall be doubled. They shall also be doubled where the violator is declared to have offended previously.

Article V. The amounts to be paid by the owners of the livestock (in addition to the fine and costs of the trial) shall be computed, as relates to the remuneration of messengers who have delivered notices, at the rate of 2 reals (or 90 Portuguese reis) for Vol. 1288, 11-906 1982 United Nations — Treaty Series ? Nations Unies — Recueil des Traités 289 every league travelled, both going and returning, and, as relates to the feeding and guarding of the animals kept as security, at the rate of 5 reals (.225 reis) a day per animal for large livestock and 1 real (45 reis) per animal for small livestock. If in any village or municipal district it is deemed appropriate to allot a pecuniary recompense to the seizers, it shall be deducted from the fine imposed on the owners of the livestock seized and shall not entail any increase in such fine or liability of the owners for greater expenses.

Article VI. Where the owner of transgressing livestock, having been duly notified as provided in article II above, fails to appear for trial before the expiration of the prescribed 10-day time-limit, the authority shall peremptorily proceed to sell the impounded animals by public auction and order the fine and all other expenses incurred to be paid from the proceeds of the sale. Any surplus shall be kept for one year at the disposal of the owner of the livestock; and if it is not claimed within that period, it shall be used for works of public charity in the village where the auction was held. Article VU. If a seizure has been made unduly, the animals seized and retained shall be returned to their owner; and in case any are missing through proven fault or negligence, their value shall be paid to the owner at the expense of the person responsible. All expenses incurred in the case of an undue seizure shall be borne by the person who effected it.

Article VIII. The rules laid down in the foregoing articles shall be binding on the towns concerned in both States from the time when the respective Governments declare these regulations to be in force.

The present annexes, which shall have the same force and value as if they were inserted in the Treaty on Boundaries of 29 September 1864, shall be subject to ratification and the ratifications shall be exchanged at Lisbon as soon as possible.

IN WITNESS WHEREOF the respective Plenipotentiaries have signed them in duplicate and affixed to them the seals of their arms at Lisbon, on 4 November 1866.