Hongkong Directory 1892





KOFA 164

CHEMISTS BY APPOINTMENT.

A. S. WATSON AND

LIMITED

VE

RI

TAS

ECCLESI

Harvard College Library

THE GIFT OF

FREDERICK ATHEARN LANE,

OF NEW YORK, N. Y.

(Class of 1849).

NSING

 

ETAH

ST

S

INDOF HEN,

S,

HANTS

MAKI

29 Aug. 1893.

ARY

ESTABLISHED A.D. 184

A. S. WATSON & Co,. LIMIT

The Hongkong Dispensary, Hongkong.

The Shanghai Pharmacy, 24, Nanking Road, Shanghai, Botica Inglesa, 14, Escolta, Manila,

The Canton Dispensary,

The Dispensary, Fooche The Hongkong Dispensi The Hongkong Dispensi Loudon Offico, 8, Fench

ed by Google

Digitized

Digitized by Google.

Digitized by

Google

T

SHANGHAI

YOKOHAMA

KELLY & WALSH, LTD

HONGKONG SINGAPORE

NEW AND FORTHCOMING WORKS.

A CHINESE-ENGLISH DIC

      TIONARY: by HERBERT A. GILES UEMON gen] at Ningpo. Price to Sub- ! Fenler.

         were $23.60. To Non-Subscribers $35,00. Part 1. A t›› Hu, consisting of 500 pages Royal | **** Now ReadT,

THINGS CHINESE: being Notes DIVAFIÐUL" Mubjects connected with Chua, by JTEK BALL, M.RAS, H.M. Civil Service. Hongkong, Author of Cantonese Made Faes.

               to Speat Cantonese," How 1. Wnte Cantonese.' Crown 8vo; Cloth,

3.04. Sow BRAÎT.

HI

+7

THE PHILIPPINE ISLANDS: a lfstorical, Giographical, Ethnographical.. Soul and Connierial Sketch of the Phi- "Hippiḥe Archipelago and its Political De- pudencies By JonN FOREMAN, FR 0.0 In 1 vul. demy Sen, 500 pages, with Map aud Prontispiece. Cloth extra, $5,00,

Comprehensive in its range and picturesque itë detaris, enlivened by abrindance of personal anecdote, und equipped with much £tistival information."-Times.

-

Alk

oisery VIPEM

trait.... anecdutės and acute

- Atheneum.

IMPERIAL ENGLISH AND CHINESE DIARY 1892: Fools- rap size, 3 days to a puge, interleaved 11 tting paper, with Date in Euglish and Chinese and Localized Information: uni- fcus with Letts' No. 31 and Smith's No 9

Piary Published yearly. IMPERIAL ENGLISH AND

CHINESE DATE BLOCK! 1892: Print, din 2 columus, with both - English and Cinuce Pater in bold type.

Published jarls - 754 'enter THE COMPANIES' ORDIN- ANCES OF HONGKONG: comprising stress harder of theÜrdinances affect- ing Joint Stock Companies, including Mr. Kiswick's Share Bill of-1991 with Notes, by DAUG SALяuko, Acting Registrar of the 2 tij teme Court.. Royal bvo, full bound law

225.00.

THINGS JAPANESE: Hang Notes ou various subjets connected with Japun for thet nie of Traveller, and others. By HASIL HALL CHAMBRULAIN. Crown Nvo, Cloth, Secoul' Edition, revised und Inged.-3 0,

A HANDBOOK FOR TRA. VELLERS IN JAPAN: (Mur- Mar's Handbook for Juquni. Third Edition revised, and for the most part re-written de Hasil, Hail CHAMBERLAIN and W. B. Mason With 15 Maju.-),

AN ENGLISH AND CAN- TONESE DICTIONARY: v JOHNCHALK ES, LL.D., Sixth Edition.-84.014

NEW CHINA AND OLD: Per- sonal Recullections of Thirty Years by Arch- deacon MOULE.-$3,00.

THE CANTON GUIDE, compi

by DB. Kcan: Fifth Edition, with Map and Illustrations.--50 Cents.

SELECT PHRASES IN THE CANTON DIALECT: by DR. Kang Third Edition, revised and classified

- venta.

LAYS OF FAR CATHAY, and others, a collection of Original Poews by * TUNG CHA" illustrations by B. H. - Crown 8vo, $2.00.

SHORTLY TO BE PUBLISHED.

THE HONGKONG GUIDE, a description of the various places of interest tu be seen in the Colony, for the use of Tra- vellers.

THE DREAM OF THE RED CHAMBER: Book I. A Chinese Norel, translated by H. Bencraft JoLY, H. M. Consular Service, China. THE RAT'S PLAINT: an old

legend, translated from the original Chinese by AROHIBALD Little, f.6.g.s. Printed on Japanese Crepe Paper and beautifully illus. trated.-75 Cente.

Digitized by

Google

1

MACNEE & CO.,

*

3, Victoria Street, WESTMINSTER,

LONDON, S.W., ENGLAND.

CIVIL AND MECHANICAL ENGINEERS,

CONTRACTORS FOR

RAILS, SLEEPERS (WOOD, STEEL, WROUGHT IRON, OR CAST IRON.) SWITCHES AND CROSSINGS, (BUILT UP OR CAST STEEL.)

BOLTS AND NUTS, FASTENINGS

AND ALL KINDS OF

PERMANENT WAY MATERIAL, MACHINERY, &c. PORTABLE RAILWAY WITH WAGONS. LOCOMOTIVES AND CARRIAGES

COMPLETE.

STEEL AND IRON BRIDGES AND ROOFWORK. WHEELS AND AXLES,

SPRINGS, IRON, AND WIRE FENCING.

PATENTELS OF MACNEE'S

PATENT DUST AND GRIT PROOF AXLEBOXES,

IN USE ALL OVER THE WORLD.

打舖辟軸橋路路為鐵可無機啟 域在塵弹鐵火所堅路照論器者 多英和弓橋車需固

橋車需固騎辦用事本 利或

及及一及從又木宜公

利街第三號門牌 麥

物斗建轉切小物承製剪

鐵造動機造料

造承之

西行網耳機

必能鐵或辦設

於及面器材軫用路

方天輪工火料蹾牛轉

牛轉生路承 牌威下軸程車及鈎鋼捩熟鐵

上各所各全堅乙遺物鋼校

t 之聯鋼

式副固類成料墩

鐵甚

均木及

Digitized by

Google

RANSOMES & RAPIER,

ENGINEERS,

No. 9, VICTORIA STREET,

LONDON, ENGLAND,

AND

WATERSIDE IRON WORKS, IPSWICH.

Makers of RAILWAY MATERIALS and PLANT, including TURNTABLES, PUMPS, TANKS, WATER-CRANES, SIGNALS,

POINTS and CROSSINGS, &c., &c., and all kinds of MACHINERY

for Public Works.

ALSO,

STONEY'S PATENT SLUICES for controlling and regulating

Rivers and Canals.

Such Sluices are being made for controlling the River Thames, each door being 70 feet wide, and lifting high enough to let masted vessel go under.

可也

Illustrated Catalogue of Prices sent on application.

桅闊士鐡另各撓器專師蘭業利啟

也價船七間有等水轉造

目出十備機士工機角火 新入尺用器端務器鐵車 即如可其現尼機車路鐵 欲以水在所器路水路

達觀舉閘英製俱約泵物 本看高有國河全號水料 號形放門店道 及缸機

心士亞者 士域街英 及城第國 刺華九倫

打號敦 亞西門城 機鐵牌域 器廠及多

Digitized by Google

HOUSE FLAGS.

AŘÍHOLD, KARBERÈ SC?

||BELIUOS & C?

F. BLACKHEAD & CO Hong-Long

[BOUSTEAD & C↑ Straits.

JJ.B.

+

BOYD & CO

Amoy

BRADLEY ⇓ C9

Swaton:

BRANDAO & Co

đường ng

BROWNE & CO

Japan.

BUCHHEISTER & Ca

BUTTERFELD & SWIRE

CARLOWITZ & CO

| CARMICHAEL & C?

Shanghai.

Hong Kong

CHINA MERCHANT SILCY C&J.TRADING C9

+++

+

¡CORNABÉ & CP

ALFRED DENT & C

DODWELL, CARLILL & CO

Crefo

DUNN, MELBYE & CO

Hong Kong

FERGUSSON SCO

Chebo

|GALTON & OP

Prochow

GIBA, LIVINGSTON &CO

GILMAN & CO LAVERS &C!

'W. HEWETT & CO.

Shanghai

*

).LAPRATK & OF

MALCAMPO & C

Amoy

NOLLIDAY, WISE & CO

HONGKONG, CANTON

☎ MACAO STEAMBOAT OP

FLAUTS & HAESLOOP Amney & Formosa.

M

X

JOHN GITTINS & CO HALL'Z HOLTZ CO-OPERATIVE CO. |

Foochow

+

'THOR HOWARD EC?

Hong Kong

JARDINE,MATHESON & CO LANE,CRAWFORD &C.

LLOYD KNOO TIONG PORZOR

Amoy

MACLEOD & C9 Manila de

{MAITLAND & C?

HA.MARKWALD & C*

Sram

A.R. MARTY Bong Kong

+

8 MEBAIN

M

MELCHERS & CO

MITSUI BUSSAN KAPEHIA

MORRIS & CO Shanghai

MOURILYAN,HEIMANN & C

Japan

D.MUSSO & 09

{NILS MOLLER

Long Hưng

Shanghai

M

MCALISTEN & CO

Shrvats

MEYER & CO

HIPPON YUSEN

Karsha

HA.PETERSENIC

PURDON & GP

Foochow

REUTER, BRÖCKELMANN & C?

Amoy

ITEL ROXAS

Philippores

[ROZARIO & CY Bong Kong

PASEDAG & C‡

Amoy

Amey

E. S. & CO

AIX

b. BASSOON SONS & C?

'EP SORELLNASS & OP

A.SCHOMBERG & CO

Bothom.

SCOTTISH ORIENTAL &.S.CO

SHEWAN & CO

SIEMSSEN & C?

MX

S

X

SMITH, BELL & C

Manilla.

CEO.R. STEVENS&C STRAITS STEAMSHIP CO

TAIT & CO

TURNER & C

WIELER & C

Xong Long

Digitized by Google

THE

CHRONICLE & DIRECTORY

FOR

CHINA, COREA, JAPAN, THE PHILIPPINES, INDO-CHINA, STRAITS SETTLEMENTS, SIAM, BORNEO, MALAY STATES, &c.

(WITH WHICH IS INCORPORATED THE CHINA DIRECTORY"),

FOR THE YEAR

1892.

THIRTIETH YEAR OF PUBLICATION.

F. ALGAR. LONDON.

11 & 12, CLEMENT'S LANE,

&

HONGKONG:

PRINTED AND PUBLISHED AT THE "DAILY PRESS" OFFICE,

MDCCCXCII.

Digitized by

Google

505

Chattak

KFA 164

LONDON

Do.

Do.

Do.

Do.

Do.

Do.

PARIS

GERMANY

Do.

NEW YORK.

SAN FRANCISCO..

SYDNEY

MELBOURNE

BRISBANE

CALCUTTA

COLOMBO..

PENANG

SINGAPORT

BANGKOK

SAIGON

TONKIN

MANILA

YOKOHAMA

KOBE

NAGASAKI

COREA

SHANGHAI, &c.

TIENTSIN....

FOOCHOW..

HARNAR,

AUG 29 1803

LIBRARY.

Sane fund (1892.)

AGENTS.

.Mr. F. Algar, 11, Clement's Lane, Lombard St., B.C.

Messrs. John Haddon & Co., Bouverie House. Salisbury Square .....Messrs. A. Reddick & Co., 12, Furnival St., Holborn, E.C.

Messrs. Street & Co., 30, Cornhill, E.C.

Mr. W. M. Wills, 151, Cannon St., E.C.

Messrs. Bates, Hendy & Co., 37, Walbrook, E.C.

.Mr. T. B. Browne. 137, Queen Victoria Street

.Mr. L. H. Richy, 66, Rue Lafayette

Mr. Heinr. Eisler, Hamburg

.Messrs. Mahlau & Waldschmidt, Frankfurt 0/M.

.Mr. T. B. Browne, 353-5, Canal Street

..........Mr. L. P. Fisher, 10 and 11, Merchants' Exchange

Mesars. Gordon & Gotch, George St.

...Messrs. Gordon & Gotch, Collins Street

.Messrs. Gordon & Gotch, Queen St.

Messrs. W. Newman & Co., 4, Dalhousie Square ....Messrs. A. M. & J. Ferguson

..Messrs. Maynard & Co., Beach St., George Town

Messrs. Kelly & Walsh, Limited, 5, Battery Road Messrs. Ramsay & Co.

.....Messrs. Kloss & Co., 9, Quai de l'Arroyo Chinois

Mr. H. Degenfeld, Rue Jean Dupuis, Hanoi

.Messrs. Diaz Puertas & Co., 5, §. Jacinto, Binondo .Messrs. Kelly & Walsh, Limited, 61

Hyogo News Company

Messrs. R. H. Powers & Co.

Messrs. B. H. Powers & Co., Nagasaki

Messrs. Kelly & Walsh, Limited, The Bund Mesars. H Blow & Co.

.Mr. H. W. Churchill

Amoy and FORMOSA.....Mr. J. G. Götz, Amoy

SWATOW

MAGAO

....Yun Cheong Book Store

.Mr. A. A. da Cruz

Digitized by

Google

INDEX-DIRECTORY.

PAGE.

PAGE.

* House Flags. Plate of

Frontispiece.

Mengiau, Descriptive and Statistical.

194

Amoy, Descriptive and Statistic

170

Môngtan, Directory.

194

Amoy Directory

171

Military Forces (British) in China

.834

May Ladies Directory

.176

Nagasaki, Descriptive and Statistical

am, Descriptive

.283

Nagamki Directory

Provinces Directory

.294

Nanking, Descriptive

kok, Descriptive aud Št=

306

Nanking, Directory

#gkok Directory

306

Naval Squadron, British, in China and Japan.

raeo, Descriptive and Statistical

425

Naval Squadron, Chinese, Northern

urned, British North, Descriptive and Statistical

423

Naval Squadron, French, in China and Japan

Borneo, British North, Directory

429

Naval Squadron, German

449

Borneo, British North, Estates of

.432

Naval Squadron, Japanese.

          Cambodia, Descriptive and Statistical Cambodia Directory.

302

Naval Squadron, Russian

303

Naval Squadron, United States, in China & Japan

* Canton, Plan of.

Canton, Descriptive and Statistical Gaston Directory

Canton Ladies Directory

Cebu, Descriptive and Statistical

Cebu Directory

Cheloo, Descriptive and Statistical

Cheloo Directory

China, Descriptive and Statistical

Chinking, Descriptive and Statistical

Ghinking Directory

184

Negri Sembilan Descriptive and Statistical.

354

183

Negri Sembilan Directory

957

185

Newchwang, Descriptive and Statistical

189

Newchwang Directory.

78

.422

Niigata, Descriptive and Statistical

48

422

Niigata Directory.

48

93

Ningpo, Descriptive and Statistion!

180

93

Ningpo Directory..

.100

73

Osaka, Descriptive and Statistical

48

145

Osaka Directory

145

Chungking, Descriptive and Statistical Changking Directory

159

Pahang, Descriptive and Statistical Pahang Directory.

158

Gores, Descriptive and Statistical

65

Pakhoi, Descriptive and Statistical Pakhoi Directory

100

193

Corean Directory

* Far East, Map of.

65

Fronting Directory.

Peking, Descriptive and Statistical Peking Directory

Foochow, Descriptive and Statistical

163

Poochow Directory

164

Penang, Descriptive and Statistical Penang, Plan of George Town

Prochow Ladies Directory

169

Penang Directory.

874

Foreign Residents. Alphabetical list of.

450

Formoss, Descriptive

176

Perak, Descriptive and Statistical Perak Directory.

308

303

Haiphong, Descriptive and Statistical

274

Philippines, Descriptive and Statistical.

386

Haiphong Directory.

275

Sakodate, Descriptive and Statistical

46

Hakodate Directory

Hankaw, Descriptive and Statistical

Hankow Directory

47

Port Arthur, (Lu Shun K'ao) Description. Port Arthur (Lu Shun K'ao) Directory Saigon, Descriptive and Statistical.

79

79

288

151

Saigon Directory

247

151

Sarawak, Descriptive and Statistical

425

Hanoi, Descriptive and Statistical

208

Sarawak Directory

.428

Hanoi Directory

F9

Belangor, Descriptive and Statistical.

.362

Bethow, Descriptive and Statistical

192

Selangor Directory

369

Haihow Directory.

.182

Shanghai, Descriptive and Statistical

97

Hanoi, Plan of

261

Shanghai Directory

106

Hongkong, Descriptive and Statistical

16

Shanghai, Insurance Offices

.140

Hongkong Directory

207

Shanghai, Rouds in the Settlements

.143

Hongkong, Insurance Offices

.245

Shanghai, Plan of

97

Hongkong Ladies' Directory

.248

Biam, Descriptive and Statistical.

904

Hongkong, Peak Directory

252

❤8.gnal Code, Hongkong, Plate of

Frontispiece.

Hongkong, Map of

.196

Singapore, Descriptive and Statistical

.318

'Hongkong, Plan of Victoria

.257

Singapore Directory....

890

Hongkong, Plan of Peak District.

252

Singapore, Insurance Offices

.350

Hongkong Streets Directory

.253

Singapore, Plan of

320

Hé, Descriptive and Statistical

2-3

Steaniers, Cousting and Rivers

444

Ha, Directory

293

Sungei Ujong, Descriptive and Statistical

.961

lchang, Descriptive and Statistical.

157

Bungei Ujong Directory.

361

Ichang Directory

157

Swatow, Descriptive and Statistical

.1·0

Dollo, Descriptive and Statistical

417

Bwatow Directory.

181

Iloilo Directory

418

Swatow Ladies Directory

.183

Japan, Descriptive and Statistical

Jelebu Directory

Johore, Descriptive and Statistical.

7

Takao and Tainanfoo, Descriptive and Statistical

179

361

Takno and Tainanfoo, Directory

179

252

Taku, Descriptive and Statistical

91

Johore Directory

252

Taku Directory

93

Lelung, Descriptive and Statistical

177

Tamaui, Descriptive and Statistical

.177

Lelung Directory.

178

Tamsui Directory

178

Linkiang, Descriptive and Statistical

1/9

Tientsin, Descriptive and Statistical

84

Kinkiang Directory

149

Tientsin Directory

84

Kobe (Hyogo) Descriptive and Statistical.

51

Tokyo, Descriptive and Statistical

10

Lobe (Hyogo) Directory.

52

Tokyo Directory

19

Kowloon. (British) Directory

2-2

Tonkin, Descriptive.

269

Kowloon (Chinese) Description

190

Tonkin, Provinces

.9+0

Kowloon (Chinese) Directory

191

Wei-hai-wei Directory.

99

Labuan. Descriptive and Statistical

429

Wenohow, Descriptive and Statistical

.168

Lapps Directory

191

Wnchow Directory.

163

Lamechow, Descriptive and Statistical.

195

Whampoa, Descristive and Statistical

190

Langehow, Directory

1'5

Whampoa Directory

190

Masso, Descriptive and Statistical

253

Windiwostock. Descriptive

so Directory

259

Wladiwostock Directory,

neca, Descriptive and Statistical

357

Wuhu, Descriptive and Statistical.

.148

Directory

.357

Wuhu Directory

148

Descriptive and Statistical.

.397

Directory

398

Yokohama, Descriptive and Statistical. Yokohama Directory

Insurance Offices

.416

Yokohama, Insurance Offices

Plan of

387

▾ Yokohama, Plan of

388--39**FR

1

28

29

44

Digitized by

Google

iv

INDEX

TREATIES, CODES, AND GENERAL

PAGE.

Treaties :--

PAGE.

Admiralty, Rules of Procedure in Supreme Court

255

With China :--

Calendar, Anglo Chinese

V

Brazil, Tientsin, 1881

90

Calendar and Chronology,

VI

France, Tientsin, 1858.

42

Chair, Boat and Coolie Hire, Hongkong

. XXXVI

France, Convention of Pesce, 1860.

51

Chambers of Commerce, Scale of Commissions, &c.

..348

France, Tientsin, 1885..

53

Chinese Festivals and Observances

.XVIII

France, Trade Regins, for Annam Frontier, 1886,...

56

Chinese Passenger Act.

.833

France, Convention, 1887

61

Consular Fees, Table of .

198

Germany, Tiantain, 1881....

Court of Consuls at Shanghai, Rules of Procedure

268

Germany, Peking, 1880

70

Customs Seizure, China, Articles relative to

31

Great Britain, Nanking, 1842

3

Customs Tariff,

Customs Tariff,

China.

Do. Rules.

Customs Tariff, Japan, Exporte

Customs Tariff, Do. Imports

Customs Tariff, Siam

Customs Tariff, Corea.

18

Great Britain, Tientsin, 1858

5

28

Great Britain, Peking Convention, 1860

18

142

Great Britain, Chefoo Convention

83

140

Great Britain, Chefoo Convention, Additional

37

152

Great Britain, Opium Convention, 1886

39

192

Foreign Jurisdiction Act, 1878.

201

Hongkong, Charter of the Colony

269

Peru, Tientsin, 1874.

Hongkong, Code of Civil Procedure

.278

Hongkong, Legislative Council, Rules of....

.273

Russia, St. Petersburg, 1881..

Hongkong, Legislative & Executive Councils, Constitu-

tion of

271

United States, Tientsin, 1858

Hongkong, Port Regulations

837

Great Britain, Chungking Convention, 1880 Japan, Tientsin, 1871

Portugal, 1888

Regulations for Bussian Land Trade.

United States, Additional, 1868

40

.110

96

102

75

80

84

90

Hongkong, Supreme Court Fees.

.390

United States, Peking, 1880..

92

Money, Weight and Measures

XX

With Corea :----

Order in Council, H.B.M., China and Japan, 1865.

154

Great Britain, 1883

114

..183

Order in Council, H.B.M., China and Japan, 1877. Order in Council, H.B.M., China and Japan, 1878. Order in Council, H.B.M., China and Japan, 1881.. Order in Council, H.B.M., China, Japan and Corea, 1884193 Order in Council, H.B.M., China, Japan and Corea, 1884196 Order in Council, H.B.M., China, Japan and Coren, 1888197 Order in Council, H.B.M., China, Japan and Cores, 1886198 Port Regulations for H.B.M. Consulates in China...... Postal Guide.

Signals, Fire, Storm, &c., Hongkong

Stamp Duties, Hongkong),

Supreme and other Courts in China and Japan, H.B.M.,

Rules of

Supreme Court in China and Japan, H.B.M.,

182

Great Britain, Trade Regulations

119

Japan, 1876

129

186

Japan, Supplementary, 1876.

181

United States, 1882 .

125

With Japan :-

Great Britain, 1858

133

Great Britain, France, the U.S., and Holland

187

345

United States, 1888, Extradition Treaty

144

XXII

Mexico, 1888

146

XXXVI

With Siam :-

XXXII

Great Britain, 1856

.148

Great Britain, Trade Regulations with.

161

204

Fees.... 252

United States Consular Courta in China, Regulations .. 259

Weights and Measures, Money

!

1

Digitized by

Google

1

Anglo-Chinese Calendar for 1892.

(LEAP YEAR.)

 BEING LV. & LVI. LVI. OF QUEEN VICTORIA,

XVII. of Kwang-sil, being Sun-mau, or the 28th Year of the Cycle, and XVIII. of Kwang-sü, being Yam-eon, or the 29th Year of the Cycle.

辰壬次歲年八十肃光至卯辛次歲年七十緒光

JANUARY

(31 Days)

FEBRUARY

(20 Days)

MARCH

APRIL

MAY

JUNE

JULY

AUGUST

SEPTEMBER

OCTOBER

NOVEMBER DECEMBER

(31 Days)

(30 Days)

(31 Days)

(30 Days)

(31 Days)

(31 Days)

(30 Days)

(31 Days)

(30 Days)

(31 Days)

DAYS

of the

WEEK

DATE

12 & 1

Moon

DAYS

of the

WEEK

DATE

1 & 2

MOON

DAYS

lof the

WEEK

DATE

2 & 3

MOON

DAYS

of the

WEEK

DATE

3 & 4

Rook

DAYS

(of the

WERK

DATE

4 & 5

MOON

DATS

of the

WEEK

DATE

5 & 6

MOON

DAYS

of the

WEEK

DATE

6 & 6

MOON

DATE

6 & 7

DAYS

of the

WEEK

κουμ

Int.

DAYS

of the

WXXK

DATE

Koost

1 VI 9 Thur. 1 v 11Sat.

7 & 8

DAYS

8 of the

WEEK

DATE

69

MOON

DAYS

of the

WEEK

DATE

9 & 10

NOOW

DAYS

of the

WEEK

DATE

10 & 11

Moox

Fri.

Sat-

X! 2 Mon.

3 Tues.

I

4 Wed.

S.

3

4 Wed.

3

5 Thur.

Mon.

4.

& Thur.

6 Fri.

Tues. 5

C Fri.

7. Sat.

Wed.

* Sat.

Thur. 71

*

S.

9 Mon.

3 Tues.

* S.

3Fri.

4 Sat.

S.

& Mon.

Tues.

8/Werl.

9 Thur.

III

5.

6 Mon.

7.Tues.

rv 5 Wed.

6 Thur.

A

7[Fri.

VI 8Mon.

8)Sat.

3

7Fri.

31

8

$

9 Tues.

10 Wed.

21

10 Fri.

12

S.

vin 11Tues. 12,Wed.

1 x 12 Thur.

x 13

13 Fri.

14

3

11 Sat.

3:

13 Mon.

13,Thur. 3

14 Sat.

15

8 Wed.

4)

8 Sat.

4

10 Mon.

11Thur.

4

12 S.

14jTucs

14 Fri.

15

$.

16

9 Thur. 5

9 S.

6

11 Tues.

13 Fri.

13 Mon.

5

15 Wed.

15 Sat.

16 Mon.

17

10 Fri.

10 Mon.

6

12;Wed.

1 Sat.

0

14 Tues.

16 Thur.

11 Sat.

11 Tues.

13 Thur.

14 5.

7

15 Wed.

17]Fri.

18) S.

17,Mon.

17 Tues.

18

18 Wed.

19

Fri. 8.

9 Mon.

10 Tues.

10 Fri.

12 S.

12 Wed.

81

14 Fri.

15'Mon.

16 Thur.

!

Sat.

9

11 Wed.

$.

10

11 Wed. 10.

12 Thur. 10)

Mou. 11

Tues, 12

Wed, 13

Thur. 14

Fri.

15.

1 Thar. 11 14 Ari. 12: 11.8at. 13' 15. S. 141

Ya Man. 15

Sat.

16

17 T4, 16

S. 17

TWPA, 17

13 Fri.

14 Sat.

Ja S.

14 Mon. 14! 17 Tues, 15) 18 Wed 18 10 Thur. 171

11

121

13

11/Sat. 9 14 S.

.13 Mon. 14,Tucs. 12| 16 Wed. 13!

13 Mon.

9

13 Thur.

*

15:Sat.

91

18 Tues.

D:

17 Fri.

19 Sat.

194

18 Tues.

19 Thur.

19 Wed.

20 Fri.

10

14 Tues. 10

11

15 Wed. 11

16 Thur. 12

14]Fri. 10: 15]Sat.

16 S.

12)

17 Fri.

13

17 Mon. 13

16 Thur. 14 17 Fri.

18 Sat.

10. S.

18 Sa..

14

18 Tues. [14]

10 S. 10 17Mon. 11 18 Tucs. 12 19/Wed. 13 20 Thur. 14

17 Wed. 10

18 Sat.

20 Mon. 10:

20 Thur. 10

21 Sat.

1s Thur. 11

19. J'ri.

20 Sat.

19 5. 11

12

20 Mon. 112!

13

21 Tues. 13

21Tues. 1 22(Wed. 12: 23/Thur. 13

21'Fri. 11

22

$. 11

22 Sat.

23 S.

21 S.

14

22 Wed. 14

24]Fri.

14

12

13

24)Mon. (14)

23 Mon. 12'

24 Tues. [13

25 Wed. 14

15!

19. 5.

15

19 Wed. 15

21}Fri.

15!

Mon. 15

23 Thur. 15

Za Sat.

113

25 Tues, (15

26 Thur. [15]

27

18

20 Mon. 16

20 Thur. 16:

22Sat.

16.

17

21 Tues. 17!

21 Fri.

17

231 S.

17

Mon. 18

ITues, 19:

Wed. 20.

2. 19

21 S-t.

1. Tur, 18

2. Fri.

13

20 Mon. 19

22 Wed. 18

22 Sat.

18

24 Mon.

18.

21 Sat.

19.

21 Tues. 19

23 Thur. 19;

23 S.

19:

한다.

S.

20

22 Wed. 20

24 Fri.

20

24 Mon. 20

27,Nat.

Thur. 21

Fri.

S.

21

**?༽

1

23 Thur. 221

95 Sat.

21

Tues. 21

28) S

24 Fri.

Sat. 23

5. 24:

Mon. 25:

Tu 9. 26

Wed, 271

Thur. 28

Fri. 201

Sat.

5.

N 6 2 5 8 5 2 3 34

26. S. 221

'ed. 22

25,Tues, 19 26:Wed. 20: 27.Thur. 21

26 Fri.

• Mon. 1 v

1 Thur.

23 Tues. 18 224,33 17 25 Timur. 18'

28 Tri.

24 Fri.

25 Sat.

26 S.

10

18:

10.

27 Mon. 19

26 S.

27 Mon. 17 28 Tues. 18 29 Wed. 19:

18

26 Wed. 16

27 Fri.

[16

27 Thur. 17

28 Sat.

|17

28 Fri,

29 Sat.

13

29] S. 18

80

19

*

1 Mon. 19 XI

201

23 Tues. 20

30 Thur. 20

30 S.

211.

2 Tues, (20)

21

29 Wed, 21 vm

78. 23

20 Ther. 25

27 Dai.

W d. :3

Tur. 94

Fri.

95 Sat.

26 S. 24 27 Mon. 25)

23

27 Mon. 23!

28 Tues. (24)

יי

28 Tues. 20

29 Wed. 25 30 Thur, T

Sat.

S.

ik

3. *

1 Mon. 28 u 1Thur. 28

29 Wed, 27 IV

1 Fri,

;21·

120

Mon. 27

27;Thur. 23 28;Fri. 24 v 29 Sat.

1! 5.

29 Sat.

23

30 Tues +3

2 Fri.

1 S.

24 Int.

1 Wad.

21

3. Nat.

Fri. 21 IX

2Sat.

3 S.

4 Mon.

1 Mon. 21

2 Tues. 22

3 Wed. 23

4 Thur. 24

2 Mon.

25 VI

2 Thur. 25

4 S.

Tues. 25

5, Fri.

25

$d, '21 4 Thur. 22 5 Fri. 23

6 Sat.

24

7 S. 26

› Tes. 20;

3 Fri.

20

5 Mon. 26

(Wed, 28

6 Sat.

26

8 Mon. 26

#Ved. 27.

4 Sat.

27

Tues. 27

7Thur.

7 5.

27

z Sat.

28:

3: Mon, 29

Tues. 90

2 Fri.

201

3 S.

129

30 }

Wed, 20

B Sat.

4Mon. 80

3 Tues.

Wed. 20

BThur. 30

6 Thur. 25

'S

Wed. 28

Fri.

SMon.

o Fri

29.

6 Mon.

Thur. 9

Sat.

30

7,7ues. 30

Tur. 91

Tues. (81)

S.

81

8 Wed,

10%

11

Tues. 29.

10 Wed. 30

0 Tue. 271 10 Wed, 28

11 Thur,

11,57%.

Bat.

B

Digitized by

Google

vi

THE CALENDAR FOR 1892

JANUARY-31 DAYS

SUNRISE

SUNSET

HONGKONG TEMPERATURE

1st 15th

.6h. 42m.

5h. 26m.

1890

1891

.6h. 44m.

5h. 35m.

1

MOON'S PHASES

Maximum

Minimum

.69

76

46

50

d. h.

in.

sec.

First Quarter 7 Full Moon 14 Last Quarter 22 11 New Moon

8

48

42

A.M.

11

2

47

A.M.

BAROMETER, 1891.

18 46

A.M.

Max.......30.33

Min......29.98

30

0

14 46 A.M.

PERIGEE, 6 days, APOGEE, 20 days,

1 hour, A.M.

midnight

1890

1.79 inches

RAINFALL

1891

0.04 inches

Tues.

Wed.

Thur.

Frid.

8

9

!

Sat.

9

10

Sun.

10

11

Mon.

11

12

Tues.

12

13

Wed. 13

14

Thur.

14

15

Days of Days opį 12 & 1

MONTH MOONa

WEEK

Frid.

1

2

Sat.

Sun.

Mon.

123

15 4

CHRONOLOGY OF Remarkable EvenTS

Kobe and Osaka opened, 1868. Overland Telegraph through Russia opened, 1872. Establishment of bonded warehouses in Shanghai, 1888. Death of Prince Chun, father of the Emperor Kwang-Su, 1891.

The Emperor Kang-hi sends as his Envoy to the Pope the Jesuit Father Bouvet, 1706. Imperial Decree disgracing Ch'ung How issued, 1880. First election by the Hongkong Chamber of Commerce of a member of the Legislative Council, 1884.

2ND AFTER CHRISTMAS. First election by the Hongkong Justices of the Peace of a member

of the Legislative Council, 1884.

Decree of Emperor Tao-kwang prohibiting trade with England, 1840.

Yeh captured, 1858.

Commissioner

EPIPHANY. Fearful fire at Tientsin, 1,400 famine refugees burnt to death, 1878. Forts at Chuenpi taken with great slaughter, 1841.

Ice one-fourth inch thick at Canton, 1852.

Canton, 1785.

Murder of Mr. Holworthy at the Peak, 1809. 1st after EpIPHANY.

Gunner of the "Lady Hughes" strangled at

Marriage of the Mikado of Japan, 1869.

Seamen's Church, West Point, opened, 1872 New Union Church, Hongkong, opened,

1891.

Tung-chi, Emperor of China, died, in the nineteenth year of his age, 1875.

Ki-ying, Viceroy of Two Kwang, issues a proclamation intimating the intention of

opening up Canton according to the Treaties, 1848.

Secretary of American Legation murdered at Tokyo, 1871.

Frid. 15

Sat.

Sun. Mon.

Tues. 19

Wed.

Thur.

2 **2 27 228

D6700 2 2 ***

** *** 2 =

Frid. Sat.

22

23

23

24

Sun.

24

25

26

Mon. 25 Tues. 26

Wed.

27

Thur. 28

Frid.

Sat. 30

Sun.

31

16

Bread poisoning in Hongkong, by Chinese baker Alum, 1857.

16

17

17

18

*22

18

19

2nd after EpiPHANY. The Tai-wo gate at the Palace, Peking, destroyed, 1889. Great Gunpowder explosion in Hongkong harbour, 1867.

20

20

21

21

22

"Bombay," near

Hongkong taken possession of, 1841. St. Paul's Church at Macao burnt, 1885.

fire at Tokyo; 10,000 houses destroyed and many lives lost, 1881.

Terrific

29

29

30

N.Y.1

Decree from Yung-ching forbidding, under pain of death, the propagation of the Christian

faith in China, 1783.

Lord Saltoun left China with $8,000,000 ransom money, 1846.

2

4TH AFTER EPIPHANY.

Elliot and Kishen treaty, ceding Hongkong, 1841. Sailors' Home at Hongkong formally

opened, 1863.

Attempt to set fire to the C N. Co.'s steamer "* Pekin,' at Shanghai, 1891.

Collision near Woosung between P. & O. steamer **Nepaul" and Chinese transport "Wan-nien-ching ;" latter sunk and eighty lives lost, 1887. Celebration of Hongkong's Jubilee, 1891.

The first Chinese Ambassadors arrived in London, 1877.

P. & O. steamer "Niphon" lost off Amoy, 1808.

14

+9

3RD AFTER EPIPHANY. Matheus Ricci, the Jesuit Missionary, enters Peking, 1601. U.S.

corvette Oneida lost through collision with P. & O. steamer Yokohama, 1870.

Digitized by

Google

THE CALENDAR FOR 1892

FEBRUARY-29 DAYS

vii

SUNRISE

SUNSET

HONGKONG Temperature

4th 19th

.6h. 40m.

5h. 49m.

1890

1891

.6h. 31m.

5h. 57m.

MOON'S PHASES

Maximum

Minimum

.76

79

.57

45

d. h.

m. sec.

First Quarter 5 5

15

40 A.M.

Full Moon

13

3

14

40 A.M.

BAROMETER, 1891

50

47

A.M.

Max......30.49

Min......29.83

28 11

23 43 A.M.

1890 1.41 inches

RAINFALL

1891 0.24 inches

Last Quarter 21 7 New Moon

PERIGEE, 1 day, APOGEE, 22 days, PERIGEE, 29 days,

DAYS OF DAYS OF 1 & 2

WEKS

Mon

Tues.

MONTU

MOONB

1

3

- 2

Wed.

3

Thur.

Frid.

7

Sat.

8

Sun.

7

9

Mon.

8

10

Tues.

9

11

Wed. 10

12

Thur. 11

13

Frid.

12

14

Sat.

13

15

Shen

14

16

Mon. 15

17

18

Tues. 16

Wed. 17

19

* 2 2 2 *

* 22 *N***

23

Thur.

18

20

Frid. 19

21

Sat

20

22

Sum.

21

Mon.

22

24

Tues.

23

25

Wed. 24

26

      Thur. 25 Frid. 26

27

28

Bat

27

28

5 hours, A.M. 8 hours, P.M. 8 hours, P.M.

CHRONOLOGy of Remarkable EvanTS

Inhabitants of Hongkong declared British subjects, 1841. The Additional Article to

Chefoo Convention came into force, 1887.

Letters from the Imperial Commissioner Lán to H.B.M. the Queen, complaining of the persistency of her subjects in sending Opium to China, 1840, The new Gerinan Club at Hongkong opened, 1872.

Great robbery in the Central Bank, Hongkong, discovered, 1865. Anti-Foreign riot at Chinkiang, foreign houses burned and looted, 1889.

The Spanish Envoy Halcon arrived at Macao to demand satisfaction from the Chinese for

the burning of the Spanish brig "Bilbaino, " 1840.

6TH AFTER Epiphany.

The Spanish fleet leaves the port of Cavite, by order of the Governor of Manila, for the

purpose of taking Formosa, 1826,

T

The "Henrietta Maria' was found drifting about in the Palawan Passage, captain, crew

and 250 coolies missing, 1857.

The Japanese constitution granting representative government proclaimed by the Emperor

in person at Tokyo, 1880.

Outbreak of Convicts in Singapore Gaol, 1875.

SEPTUAGESIMA. St. Valentine's day. Tung Wah Hospital, Hongkong, opened by Sir R.

G. MacDonnell, 1872.

Ports of Hongkong and Tinghai declared free, 1841. The Chinese frigate "Yu-yuen" and

corvette "Chin-cheng" sunk by the French in Sheipoo harbour, 1885.

Insurgents evacuated Shanghai, 1855. Stewart scholarship at Central School, Hongkong,

founded, 1884. Alice Memorial Hospital, Hongkong, opened, 1887.

The U.S. paddle man-of-war " Ashuelot" wrecked on the East Lammock Rock, near Swatow, 1883. Telegraphic communication between Haiphong and Saigon established, 1884.

Lord Amherst's Embassy, returning from China, was shipwrecked in the Java Sea, 1817,

SKXAGESIMA. Mr. A. R. Margary, of H.B.M.'s Consular Service, was murdered at

Manwyne, Yunnan, by Chinese, 1875.

The Emperor Tao-kwang died, 1850 (reigned 30 years).

Hostilities between England and China recommenced, 1841. Steamer "Queen" captured

and burnt by pirates, 1857. First stone of the Hongkong City Hall laid, 1887.

Chusan evacuated by the British troops, 1841. Explosion of boller of the str. "Yotmi ** between Hongkong and Macao; six "Europeans and thirteen Chinese killed and vessel destroyed, 1884.

Captain Da Costa and Lieut. Dwyer murdered at Wong-ma-kok, in Hongkong, 1849. Bogue Forts (Canton) destroyed by Bir Gordon Bremner, 1841. Hongkong police ohop

burnt, 1884. Marriage of the Emperor Kwang-wu, 1889,

Treaty of pease between Japan and Korea signed at Kokwa, 1876. Evacuation of?):

Hamilton by the British forces, 1887.

Quinquamustia. Capture of the Bulu capital by the Spaniards, 1876.

1

Digitized by

Google

THE CALENDAR FOR 1892

MONTH

MOONS

Tues.

1

3

Wed.

2

4

Thur.

3

5

Frid.

4

6

Sat

5

7

Sun

6

8

Mon.

77

9

Tues.

8

10

Wed.

9

11

Thur. 10

12

Frid. 11

13

Sat.

12

14

Sun

13

Mon. 14

Tues. 15

Wed. 16

Thur. 17

18

* F**2 * * * * * * * *

DOT* 2 2 2 2 * * ****** =

15

16

MARCH-31 DAYS

SUNRISE

SUNSET

HONGKONG TEMPERATURE

5th

........6h. 19m.

6h. 04m.

1890

1891

20th

..6h. 06m. 6h. 09m.

Maximum Minimum

..75

70

.52

51

MOON'S PHASES

d. h. m. sec.

First Quarter 6

2

50 46 A.M.

Barometer, 1891.

Full Moon

13

8

31

0

52

44 P.M. 44 A.M.

Max......30.35

Min.......29.82

28

8

53 49 P.M.

6 hours, A.M.

6 hours, A.M.

1990 2.20 inches

RAINFALL

1891 2.67 inches

Last Quarter 22 New Moon

APOGEE, 16 days, PERIGEE, 29 days,

DATS OF Days op 2 and 3

CHRONOLOGY op Remarkable EvanTS

SHROVE TUESDAY, St. David's day. Bombardment of the Chinhai forte by French men-

of-war, 1885.

ASH WEDNESDAY. First Dutch Embassy left China, 1657.

Foreign Ministers received in andience by the Emperor at the Taz Kuang Po, 1891.

Emperor Kwang-su assumes the government, 1889.

Expulsion of Chinese Custom House from Macao by Governor Amaral, 1849.

1ST IN LENT. Hostilities at Canton recommenced. Fort Napier taken by the English, 1841.

Departure of Governor Sir J. P. Hennessy from Hongkong, 1882.

Commercial treaty concluded between the United States and Japan, 1854.

Attack on Messrs. Farnham and Rohl at Shanghai, 1872.

Lin arrived in Canton, 1839. 12,000 Chinese troops attacked the English in Ningpo and

Chin-hai and were repulsed with great slaughter, 1842.

Governor Sir R. G. MacDonnell arrived in Hongkong, 1886.

Imperial Commissioner Ki-chen, degraded by the Emperor, left Canton as a prisoner,

1841. Capture of Bacninh, Tonkin, by the French, 1884.

2ND IN LENT, Chinese Custom House closed at Macao, 1849.

8,000 Chinese troops routed by the English at Tze-hi, with great slaughter, 1842. New

Law Courts at Yokohama opened, 1890.

17

5TH IN LENT. Governor Sir H. Robinson left Hongkong for Ceylon, 1866.

18

Chinese Envoy Ping and suite left Shanghai for Europe, 1866.

20

Frid.

Bat.

Sam

Mon

19

20

21

Tues. 22

Wed. 23

Thur.

Frid.

24

25

26

19 Lord Macartney's Embassy left China, 1794.

21

22

23

24

Edict of Commissioner Lin to surrender all opium in Canton, 1839. Chungking declared

open to foreign trade, 1891.

Governor Sir. G. Bonham landed at Hongkong, 1848.

SRD IN LENT. Wreck of the steamer "Nanzing," near Hongkong, 1891.

British ship "Sarah," first free-trader, sailed from Whampoa, 1834.

Death, at Peking, of Sir Harry Parkes, H.B.M. Minister to China, 1885.

25 Captain Elliot forced his way to Canton, 1839.

26

27

First Section of Manila-Dagupan railway opened, 1891.

Captain Elliot demands passports for himself and all the British subjects imprisoned in

Canton, 1839. Serious railway collision on the Tientsin-Tungku line, 1889.

Great Flood at Foochow, 1874.

4TH IN LENT. Death of the widow of the Emperor Tung-chi, 1875. Protocol of Conven-

tion between China and Portugal signed at Lisbon, 1887.

Sat

28

Simn

27

29

Mon.

28

1

90,289 Chests of Opium burned by Lin, 1889.

    Tues. Wed.

29

2

Seisure and occupation of the Pescadores by the French fleet, 1885.

30

3

Arrival of Governor Sir George Bowen, G.C.M.G., in Hongkong, 1883.

Thur. 31

4

Abolition of the Coolie trade at Maoso, 1874. Arrival of the Duke and Duchess of Com-

naught in Hongkong, 1890.

Digitized by

Google

THE CALENDAR FOR 1892

APRIL-30 DAYS

SUNRISE

SUNSET

HONGKONG Temperature

4th 19th

...5h. 52m. 6h. 15m. .5h. 38m. 6h. 20m.

1890

1891

Maximum Minimum

..84

81

62

50

MOON'S PHASES

d. h. m. sec.

First Quarter 4 Full Moon

1

57

42 P.M.

Barometer, 1891

12

2

Last Quarter 20 New Moon

1

2 40 36 44

P.M.

P.M.

Max......30.26

Min.......29.04

27

5

22

45 A.M.

8 hours, A.M.

5 hours, P.M.

1890

1.37 inches

RAINFALL

1891 3.24 inches

ix

Frid.

1

5

Sat.

2

6

Sun

3

7

Mon.

4

8

Tues.

5

9

Wed.

6

10

Thur.

7

11

Frid.

8

12

APOGEE, 12 days, PERIGEE, 26 days,

Days of ǹ Days of ❘ 3 and 4 WEEK MONTH MOONS

Chronology of Remarkable Events

The port of Hoihow, Hainan, opened, 1876. The ports of Pakhoi, Wenchow, Wuhu,

and Ichang opened, 1877.

Prince Kung degraded by the Empress Dowager, 1865.

5TH IN LENT.

Protocol arranging the preliminaries of peace between France and China signed as

Paris, 1885. The Czarewitch and Prince George of Greece arrive in Hongkong, lə91, Bogue Forta destroyed by General D'Aguilar, 1847.

Convention between Sir John Francis Davis and the Viceroy Ki-ying for the admission of

Europeans into the city of Canton, within two months, 1842.

Hongkong Mint opened, 1888.

Arrival of M. Paul Bert at Hanoi, 1886.

Sat.

9

13

Ste

10

14

PALM SUNDAY.

Mon. 11

15

Terrifio tornado in Canton ; 2,000 houses destroyed, and 10,000 lives lost, 1878.

Tues. 12

16

87,000 Christians butchered in Japan, 1788. Death at Peking of Marquis Tseng, 1800,

Wed. 13

17

Thur. 14

18

Frid

15

19

Sat.

16

20

GOOD FRIDAY. St. Francis Xavier left Gos for China, 1552.

Governor Sir Arthur Kennedy arrived in Hongkong, 1872.

Sun

17

Mon.

18

Tues.

19

Wed.

20

Thur.

21

Frid.

Sat.

23

* * * * * * * * *

* 2 222 ***

21

22

23

EASTER SUNDAY. Telegraph to Shanghai opened, 1871. Execution at Kowloon city

nineteen pirates (including "Namoa," pirates), 1891.

Convention between China and Japan settling Corean differences signed at Tientsin, 1865.

The O. & 0. steamer "San Pablo" wrecked near Turnabout, 1888.

The "Sir Charles Forbes," the first steamer in China waters, arrived, 1880. The Omary-

witch arrived at Hankow, 1891.

27

Sun

24

Mon. 25

28

29

Tues 26

30

Foundation stone of Victoria College, Hongkong, laid, 1884.

Wed. 27

1

Frid

Thur. 28

29

2

Ratifications of Corean treaty with England exchanged, 1884. Privy Council for Japan

constituted by Imperial decree, 1888.

25

26

East India Co. ceased trade with China, 1834. Arrival of Governor J. Pope Hennessy in

Hongkong, 1877.

Bt. George's Day.

LOW SUNDAY.

Capture of the citadel at Hanoi, Tonkin, by the French forces, 1882. Departure of My

William Marsh, acting Governor of Hongkong, 1887.

Arrival of General Grant in Hongkong, 1879.

Digitized by

Google

X

THE CALENDAR FOR 1892

MAY-31 DAYS

SUNRISE

SUNSET

HONGKONG TEMPERATURE

2nd 10th

.5h. 28.

6h. 26m.

1890 1891

.5h. 20m. 6h. 32m.

Maximum

..89

88

MOON'S PHASES

Minimum

.74

66

d. h.

m.

sec.

First Quarter 4 2

47

46 A.M.

Full Moon

12 6

35

42

Last Quarter 19 10 28 47 New Moon

26

1

A.M. P.M. 25 42 P.M.

BAROMETER, 1891

Max......30.12

Min.......29.70

APOGEE, 7 days, PERIGEE, 25 days,

1 hour, P.M.

1 hour, A.M.

1890 10.83 inches

RAINFALL

1891

27.99 inches

DAYS OF DAYS or 4 and 5

W 20

67 8 00

WEEK

MONTH

MOONS

Sun.

1

5

Mon. Tues.

3

Wed.

4

Thur.

5

9

Frid. 6

10

Sat.

7

11

Sun. 8

12

Mon.

9

13

Tues. 10

14

Wed. 11

15

Thur. 12

16

Frid.

13

17

Sat.

14

18

Sun.

15

19

Mon.

16

20

Tues.

17

21

Wed. 18

22

23

24

22 * * * * *** *-

HERE - A *** *** * 2

Frid. 27

2

Sat.

Sun.

28

3

29

4

Thur.

Frid.

Sat.

Sun.

19

Mon. 23

Tues. 24

Wed.

Thur.

20

21

25

22

26

27

28

25

29

26

CHRONOLOGY OF REMARKABLE EVENTS

Hongkong

2ND AFTER EASTER. St. Philip and St. James's day. First number of "*

Gazette" published, 1841. Telegraphic communication established between Hongkong and the Philippines, 1880.

Ratification at Tientsin of the Treaty between Portugal and China, 1889,

Suspension of Oriental Bank, 1884. Opening of the Colonial and Indian Exhibition in Lon-

don, 1886. Biot in French Concession at Shanghai, 1874. Roman Catholic Cathedral at Peking

inaugurated, 1884.

British troops evacuated Ningpo, 1842.

Attack on Mr. Wood at the British Legation at Tokyo, 1874.

Departure of Governor Sir William Des Voeux from Hongkong, 1891.

3RD AFTER EASTER. Prince Kung's honours restored, 1865.

New Town Hall at Tientsin opened, 1890.

Colonel Gordon with the Imperial troops captured Chang-chow, the rebel city, 1864.

Occupation of Port Hamilton by the British Squadron, 1885.

Attempted assassination of the Czarewitch by a Japanese at Otsu, Japan, 1891. Execution

of fifteen pirates (including leader of "Namoa" pirates) at Kowloon, 1891.

East India Co.'s garden at Canton detroyed by the Mandarins, 1881. Signing of the

Li-Fournier Convention, 1884.

A corporal of the British Legation murdered by Chinese soldiers at Peking, 1864. Anti-

Foreign riot at Wuhu, 1891.

Arrival of Sir John Walsham, Bart., in Hongkong, on his way to Peking to assume the

functions of British Minister, 1888.

4TH AFTER EASTER. Ratification at Peking of the amended Treaty between Russia and

¡China, 1881. Anti-foreign riot in the Hochow district, 1891.

Loss off Amoy of the French war steamer "Izere," 1860. Arrival of General Grant

in Shanghai, 1879.

The city of Chapu taken by the British troops, 1842. Anti-foreign riot at Ngankin, 1891. Disastrous surprise of a French sortie in Tonkin led by Commandant Riviere, and death

of the latter, 1883.

Forts at mouth of Peiho captured by British and French forces, 1858. The Canton Mint

commenced striking silver coins, 1890.

Low of M. M. str. "Menzaleh" while on her passage from Hongkong to Yokohama, 1887. ROGATION SUNDAY. Foreign factories at Canton pillaged, 1841.

U. 8. Legation at Tokyo burned down, 1883.

Queen Victoria born, 1819. Captain Elliot and all the British subjects left Canton for

Macao, 1889.

The city of Canton invested by British troops, 1841. Anti-foreign riot at Nanking, 1891, Ascension DaT. Death of Grand Secretary Wen-xiang, 1876.

Canton ransomed for $6,000,000, 1841.

Mon.

30

5

Tues.

31

SUN. AFTER ASCENSION. Mr. Lindsay delivered the keys of the Company's factory at Ganton to Kwan-Heep, 1881. Grest rain storm in Hongkong, serious damage, 1889. Destruction by fire on the river Yangtaze of the str. Paocking; captain, two officers, and 20 Chinese lost, 1890.

H.B.M. screw sloop "Reynard" lost on the Pratas shoal in trying to rescue remainder of crew of "* Velocipede," 1851. Opening of the Peak Tramway, Hongkong, 1888. Arrival of the King of Slam in Singapore, 1850.

Typhoon at Hongkong and Macao; loss of the "Poyang," with 100 lives near Maono, 1875.

Digitized by

Google

THE CALENDAR FOR 1892

xi

JUNE 30 DAYS

SUNRISE

SUNSET

HONGKONG TEMPERATURE

3rd 15th

.5h. 16m. .5h. 16m.

6h. 39m.

1890

1891

6h. 44m.

Moon's PHASES

Maximum Minimum

..92

90

.72

73

d. h. m. sec.

Full Moon

First Quarter

2

5 27

43 P.M.

10

9

Last Quarter

18

4

New Moon

24

9

8 43 P.M. 36 48 A.M. 43 46 P.M.

Barometer, 1891

Max......29.90

Min.......29.52

APOGEE, 6 days, 3 hours, A.M.

Perigee, 21 days,

11 hours, P.M.

1890

14.82 inches

RAINFALL

1891

21.31 inches

DAYS OF DAYS OF 5 and 6

WEEK

CHRONOLOGY OF REMARKABLE ÉVENTE

MONTH

MOONS

Wed.

1

7

Thur.

Frid.

Sat.

Sun.

10

11

Treaty between France and Korea signed at Seoul, 1886.

Mon.

to

12

Tues.

7

13

Wed.

8

14

Attempt to blow up the Hongkong Hotel, 1888. New Opium Agreement between

Hongkong and Chína came into force, 1887. Anti-foreign riot at Tanyang, 1891. Hongkong connected with London by wire, 1871.

Earthquake at Manila killing more than 2,000 persons, 1863.

Kennedy, 1883. Russell & Co., suspend payinent, 1891.

Death of Sir Arthur

WHIT SUNDAY. Departure of the first O. & O. steamer from Hongkong to San Francisco, 1878,

Messrs. Argent and Green murderal in an Anti-foreign riot at Wuhsueh, 1891.

Heavy rains in Hongkong, property to the value of $500,000 destroyed, and many lives

lost, 1864.

Attempted anti-foreign riot at Kiukiang, 1891.

Destruction of Mission premises at Wusieh by anti-foreign mob, 1891.

Thur.

9

15

Attempt to destroy by fire the British fleet in Canton river, 1849. Treaty of Pesos between France and China signed at Tientsin, 1885. Attack on mission premises at

Soochow, 1891.

Frid.

10

16

Sat.

11

17

Sun.

12

18

Mon

13

19

Tues.

14

Wed.

15

21

Thur. 16

Frid.

17

Sat.

18

Sun.

19

Mon.

20

Tues.

21

Wed. 22

Thur.

23

RED 22 2* * *** 2

Typhoon at Formosa; loss of several vessels, 1878.

Portuguese prohibited trading at Canton, 1640.

TRINITY. Opening of the first Railway in Japan, 1872,

20

22

CORPUS CHRISTI. Woosung taken, 1842.

23

24

25

26

27

British steamer "Carisbrooke" fired into and captured by Chinese Customs cruiser, 1875,

Imperial Edict condemning attacks on Foreigners, 1891.

Russian and Chinese treaty, 1728.

British bark Cæsar" and Danish schooner "Carl" taken by pirates off Pedro Brance

1886. Hope Dock opened at Aberdeen, 1887.

First foreign-owned junk leaves Chungking, 1891.

Explosion of the "Union Star" at Shanghai, 17 persons killed, and 10 wounded, 1869)

Disastrous inundation at Foochow, two thousand lives lost, 1877.

1st after TrinITY. Shanghai occupied by British forces, 1842.

Macartney's embassy arrived in China, 1793. Attack on mission premises at Haimen elty,

1891.

Massacre at Tientsin, 1870.

28

Canton blockaded by English forces, 1840.

29

Ki-ying visits Hongkong, 1843. Shock of Earthquake in Hongkong, "4

surprised by Chinese near Langson, 1884.

French troops

Frid. 24

Sat.

25

*** * * * A

1

2

26

29

30

7

Sun

Mon.

27

Tues. 28

Wed.

Thar.

Treaty of Nanking exchanged, 1843. Attack on British Legation at Tokyo, 1882. 2ND AFTER TRINITY. Treaty between England and China signed at Tientsin, 1858

Additional Convention between France and China signed at Peking, 1887.

Treaty between France and China signed, 1858. Confiscation of the str. " Prince Albert

by the British Consal and Customs at Canton, 1886.

Queen's Coronation, 1838.

The Foreign Ministers admitted to an audience of the Emperor of China at Peking, 1878

British expedition to China arrived, 1840. Opening of a section of the Shanghai and

Woosung railway, 1876. Flooding of the Takseima coal mines, 1891.

Digitized by

Google

xii

THE CALENDAR FOR 1892

JULY-31 DAYS

SUNRISE

SUNSET

HONGKONG TEMPERATURE

    1st 17th

.5h. 20m.

....5h. 26m. 6h. 45m.

6h. 47m.

1890

1891

Maximum

..90

90

MOON'S PHASES

Minimum

.72

74

d. h. m. sec.

First Quarter

2

9

49

40

A.M.

Full Moon

10

9

19

48

A.M.

Barometer, 1891

Last Quarter 17

9

23

46

A.M.

New Moon

24

6

46 A.M.

Max......29.89

Min.......29.41

1890

RAINFALL

1891

22.60 inches

14.91 inches

WEEK

Frid.

1

8

Sat.

2

9

Sun.

3

10

Mon.

4

11

Tues. 5

12

APOGEE, 3 days, PERIGEE, 18 days, APOGEE, 31 days,

DAYS OF DAYS OF 6 Int. & 6}

MONTH MOONS

8 hours, P.M. 10 hours, A.M. 2 hours, P.M.

CHRONOLOGY of Remarkable Events

Hakodate, Kanagawa, and Nagasaki (Japan) opened to trade, 1857.

sionary riot at Chungking, 1898.

Serious anti-mis-

Amoy forts and many junks destroyed by H.M.§. "Blonde," 1840. French Expedition

from the Hoongkiang arrived in Hongkong, 1878.

SRD AFTER TRINITY. Treaty of Wanghia with the United States signed, 1844. Colonel Gordon

arrived in Hongkong on his way to visit the Grand Secretary Li Hung-chang, 1880. Telegraph cable laid between Hongkong and Macao, 1884.

Tinghai first taken, 1840. Attack on British Embassy at Tokyo, 1881.

Wed. 6

13

Thur.

14

Order of nobility instituted in Japan, 1884.

Frid.

8

15

Canton factories attacked by Chinese, 1846.

Sat.

9

16

First Dutch embassy arrived at Tientsin, 1656.

Sun. 10

17

Mon. 11

18

Tues. 12

19

4TH AFTER TRIXITY. Portuguese fleet left Malacca for China, 1522. The Yangteme

blockaded by British fleet, 1840.

Engagement between the American Naval Forces and the Koreans; the Expedition leaves

to await instructions, 1871. Amherst's embassy arrived in China, 1816.

Foreign Inspectorate of Customs established in Shanghai, 1854.

Wed. 13

20

First English ship reached China, 1835.

Thur. 14

21

Statue of Paul Bert unveiled at Hanoi, 1890.

Frid. 15

22

Sat.

16

23

Sun. 17

24

Mon. 18

25

Tues. 19

26

Shimonoseki forts bombarded by the English, French, and American squadron, 1878,

Eruption of Bandai-san volcano, Japan : 500 persons killed, 1888.

British trade with China re-opened, 1842. The King of Cambodia arrived on a visit to

Hongkong, 1872.

5th! after TrinITY. Dutch envoy Goyer, as bearer of tribute, received in Peking, 1656.

Terrible earthquake at Manila, 1880. Additional Article to Chefoo Convention signed in

London, 1885.

Nanking captured by the Imperialists, 1863. Ratification at Peking of the new treaties of commerce and emigration between the United States and China 1881. Gale at Hongkong, H.M.8. "Tweed" sunk, 1891.

Wed.

Thur. 21

Frid.

Sat.

Sun.

Mon.

Tues. 26 Wed. 27

* * * * * * * * * * 8 =

20

27

22

23

228

28

Wreck of the C. M. 8. N. Co.'s str. "Pautah on Shantung Promontory, 1887.

#

29

30

Yellow River buist its banks at Chang-kiu, Shantung; great inundation, 1989.

Armed attack on Japanese Legation at Seoul, Corea, and eight inmates killed, 1882.

24

1

6th after TRINITY. British trade prohibited at Canton, 1834. Anglo-Chinese Burmahı

Convention signed at Peking, 1888.

25

2

3

4

Thur. 28 Frid, 29

Sat.

30

Sun. 31

Defeat of British forces at Taku, Admiral Hope wounded, 1859.

Canton opened to British trade, 1848. Terriflo typhoon at Canton, Macao, Hongkong, and

Whampoa ; loss of life estimated at 40,000 pervous, 1882.

Nanking re-taken by Imperialists, 1884.

Treaty between United States and Japan signed, 1958. Great earthquake at Kumamoto,

Japan, 1889.

Bevere typhoon at Maoso, 1886.

7th after Trinity.

Digitized by Google

THE CALENDAR FOR 1892

AUGUST-31 DAYS

SUNRISE

SUNSET

HONGKONG TEMPERATURE

       2nd 18th

5h. 33m.

6h. 39m.

1890 1891

5h. 39m.

6h. 28m.

MOON'S PHASES

Maximum Minimum

...90

93

.72

73

d.

h.

m.

sec.

First Quarter

1

3

21 40 A.M.

Full Moon

8 7

33

43

P.M.

BAROMETER, 1891

Last Quarter New Moon

15

2

13

43

P.M.

Мих...... 29.93

Min.......29.39

22

6

31 49

P.M.

9

4 49 P.M.

6 hours, P.M.

First Quarter 30

PERIGEE, 12 days, APOGEE, 28 days,

DAYS or Days or ❘ 6 and 7

WEEK

MONTH

MOOSB

9 hours, A.M.

Chronology of Bexarkable EvenTS

Mr. T. F. Wade, C.B., appointed H.B.M. Minister at Peking, 1871. Peh-tang occupied by the Allied forces, 1859. Sunday cargo-working Ordinance, Hongkong, came into force, 1891.

Victims of Mamacre at Tientsin buried, 1870. British fleet arrived before Nanking, 1842.

1890

12.14 inches

RAINFALL

1891

16.79 inches

Mon.

1

9

Tues.

2

10

Wed.

11

Thur.

12

Frid.

13

Sat.

14

Macartney's Embassy entered Peiho, 1796. Serious Flood at Tientsin, 1871.

Bombardment of Kelung by French, 1884

Sun

15

Mon.

8

16

Tues.

17

Wed.

10

18

Thur.

11

19

Frid.

12

20

Sat.

13

21

Sun

14

22

ØTH_After TRINITY, Tong-ur-ku taken, 1860.

Mon.

15

23

8TH AFTER Trinity. British squadron arrived off the Peiho, 1840. Assassination of Mr. Haber, German Consul at Hakodate, 1874. British troops landed at Nanking, 1842.

Sir H. Pottinger arrived at Hongkong, 1841. Destructive typhoon at Foochow, 1888, First public meeting of British merchants in Canton, called by Lord Napier, who

suggested the establishment of a Chamber of Commerce, 1834.

174 British prisoners executed in Formosa, 1842.

Great Fire on French Concession, Shanghai; 991 houses destroyed; loss Tis. 1,500,000,

1879.

Tues.

16

24

British trade at Canton stopped by Hong merchants, 1834.

signed, 1856.

French treaty with Slam

Wed.

17

25

Thur.

18

26

Frid.

19

27

Sat.

20

28

Sun

21

29

Mon.

22

1

Tues.

23

2

Wed.

24

Thur.

25

4

Frid.

26

Sat.

27

Sun.

28

Mon.

29

8

Tues.

30

9

Wed.

31

10

Lord Napier ordered by the Viceroy to leave Canton, 1884. Dutch treaty with Japan

signed, 1868. Great fire in Hongkong, 1868.

First conference between Sir Henry Pottinger and Ki-ying on board the "Cornwallis," at

Nanking, 1842. Taku forts taken by the Allied forces, 1880.

10TH AFTER TRINITY. Emperor Hien Fung died, 1861.

Governor Amaral (Macao) assassinated, 1849. Ma, Viceroy of Nanking, stabbed, 1870. Seizure of steamer "Spark" by pirates between Canton and Macao, 1874. Telegraph line to Peking opened, 1884.

Large meeting in Hongkong to protest against the military contribution, 1864. Chines

feet at Pagoda Anchorage destroyed by French, 1884.

Wreck of the C. N. Co's. str. "Tientsin" near Swatow, 1887.

British Chamber of Commerce established at Canton, 1834. Treaty between Great Britain

and Japan signed, 1858.

British left Macao, 1839.

Amoy taken by the English, 296 guns captured, 1841.

11TH AFTER TRINITY. Lord Amherst's Embassy left for Yuen-ming-yuen, 1816. Slavery

abolished in British possessions, 1833. Kimpai forts silenced by French, 1884. Treaty of Nanking signed, 1842.

Severe typhoon on Coast of China, many lives lost, and much damage done to shipping

at Hongkong, Macao, and Whampoa, 1943.

Digitized by

Google

xiv

THE CALENDAR FOR 1892

SEPTEMBER-30 DAYS

SUNRISE

SUNSET

HONGKONG TEMPERATURE

3rd

.5h. 45m.

6h. 14m.

1890 1891

15th

5h. 48m. 6h. 02m.

Maximum

.91

90

Minimum

..66

73

Moox's PHASES

d.

h.

111. Sec.

Full Moon

7

4

43

45 A.M.

Last Quarter 13 New Moon First Quarter 29

PERIGEE, 9 days, APOGEE, 25 days,

DAYS OF 7 and 8

MONTH

MOONS

BAROMETER, 1891

8

21

25 46 P.M. 8 52 43 A.M. 1 55 41 P.M.

Max......29.99

Min.......29.59

7 hours, a.m.

2 hours, A.M.

1890 12.14 inches

RAINFALL

1891 11.44 inches

CHRONOLOGy of Remarkable EvanTS

Ma, Viceroy of Nanking, died of the wounds inflicted by an assassin, 1870. Foundation

stone of Gap Rock lighthouse, near Hongkong, laid, 1890.

Arrival of the "Vega" at Yokohama, after having discovered the North-East Passage,

1879. Serious Anti-foreign riot at Iehang, 1891.

Die or WEEK

Thur. 1

11

Frid. 2

12

Sat.

3

13

Sun. 4

Mon.

5

15

2 ** *

14

12th after TRINITY.

Tues. Wed. Thur.

Frid.

Sat.

10

Sun. 11

6789

16

17

18

19

20

21

22

23

- & 2 * * * * * * * 28

24

26

27

Attack on the forts at Shimonoseki, Japan, by the allied fleets under Admiral Kuper, 1864. H.M.8. "Zephyr" fired on by Chinese in Kimpai Pass, 1884. Death of Tso Tsung-tang at Foochow, 1885.

EL.R.H. Prince Alfred received by the Mikado of Japan, 1869.

Attack on Dr. Greig, near Kirin, by soldiers, 1891.

Great typhoon in Hongkong, 1867.

Bir Hercules Robinson assumed the government of Hongkong, 1859.

Blot by Chinese mob at Canton; great destruction of houses and property on Shameen, 1883. British gunboat "Wasp left Singapore for Hongkong and seen no more, 1887. 13TH AFTER TRINITY. Public meeting of foreign residents at Yokohama to protest

against proposed new Treaty with Japan, 1890,

Convention signed at Cheloo by Sir Thomas Wade and Li Hung-chang, 1876.

Public Meeting in Hongkong, with reference to the blockade of the port by the Chinese

Customs' cruisers, 1874. Severe typhoon in Southern Japan, 1891. Chinese transport "Waylee" driven ashore on Pescadores; upwards of 370 lives lost, 1897.

New Convention between Germany and China ratified at Peking, 1881.

14th after TRINITY. Destruction by fire of the Temple of Heaven, Peking, 1889. Loss in Kli Channel, near Kobe, of the Turkish frigate ́"Ertogrul," with 667 lives, 1890.

Mon.

12

Tues.

13

Wed.

14

Thur.

15

Frid.

16

Bat.

17

Sun.

Mon.

Tues.

Wed.

21

Thur.

Fril.

Sat.

- 22:32

18

28

19

29

20

30

1

2

3

24

Sun.

25

Mon. 26

Tues. 27

Wed. 28

Thur.

Frid.

*****

5

6

Lord Napler arrived at Macao dangerously ill, 1834.

7

8

29

9

30

10

Typhoon at Swatow, 1891.

Am. brig "Lubra" taken by pirates, 1866. Terrific typhoon in Hongkong and Macao,

many thousands of lives lost, 1874.

H.M.S. "Rattler" lost off Japan, 1868. Piratical attack on the German barque "Apen- rade," near Macao, 1889. The Satsuma rebels in Japan routed with great slaughter, their leader, Saigo, killed, and the insurrection suppressed, 1877.

16th_after_TrINITY. Daring attack upon a Chinese shop in Wing Lok street, Hongkong,

by armed robbers, 1878.

Commissioner Lin degraded, 1840.

Yellow River burst its banks in Honan ; calamitous inundation, 1887. Death of Hon. F.

Stewart, Colonial Secretary, at Hongkong, 1889.

Michaelmas Day. Hurricane at Manila, causing immense damage to shipping,1866.

All the Bogue forts destroyed by the British fleet, 1841.

Digitized by

Google

THE CALENDAR FOR 1892

OCTOBER-31 DAYS

SUNRISE

SUNSET

HONGKONG Temperature

         1st 17th

........5h. 53m.

5h. 47m.

1890

1891

.5h. 59m.

5h. 32m.

MOON'S PHASES

Maximum Minimum

.94

89

.72

68

d. h. m. sec.

Full Moon

6

1 47

46

P.M.

Last Quarter

13

5

13

44

A.M.

BAROMETER, 1891

New Moon

21

2

0

40

A.M.

Max......30.10

Min.......29.83

First Quarter

29 5 2 44 A.M.

PHRIGEE, 7 days, 1 hour, P.M.

APOGEE, 22 days,

11 hours, A.M.

1890 0.02 inches

RAINFALL

1891

6.21 inches

DAYS OF Days op 8 and 9

WEEK MONTH

Sat

Sun.

Mon.

1 2 3

Moore

11

12

13

Tues.

14

Wed.

5

15

Thur.

16

Frid.

Sat.

8

18

Sun.

9

19

20

a

Mon. 10 Tues. 11

Wed. 12

17

*** **** *88- ~

Chronology of RemarkABLE EVENTS

The "Hongkong Daily Press" started, 1857. Ting-hai captured by the English, 1841, French landed at Kelang, 1884. Inauguration of Hongkong College of Medicine, 1887, 10th after TRINITY. Confucius born, B.Ü. 562. Tamsul bombarded by French, 1984. Treaty between Brazil and China signed at Tientsin, 1881. Serious riot at Hongkong,

1884.

Attack on foreigners at Wenchow, 1884.

French expedition left Chefoo for Kores, 18856. Arrival in Hongkong of Governor Sir

William Des Vœux, K.C.M.G., 1887.

H.R.H. Prince Alfred visited Peking, but not received by the Emperor, 1889. Great

public meeting at Hongkong to consider the increase of crime in the Colony, 1978. Supplementary treaty signed at the Bogue, 1848. French landing party at Tamsal

repulsed, 1884.

17TH AFTER TRINITY. Shanghai captured, 1841. Chinhai taken, 1841. Fire at Canton, property destroyed worth $4,000,000, 1851. Official inspection of Tientsin-Kaiping Railway, 1896, Lord Napier died at Macao, 1834.

The first Chinese merchant steamer (the "Meifoo") left Hongkong for London with pas-

sengers to establish a Chinese firm there, 1881.

Revolt in the Philippines, 1872.

Ningpo occupied by British forces, 1841. First Railway in Japan officially opened by the

Mikado, 1872.

"Flora Temple" lost in the China Sea, with upwards of 800 coolles on board, 1850

19th after TRINITY. Khanghoa, in Korea, taken by the French, 1966.

St. John's Cathedral, Hongkong, dedicated, 1842. Daring piracy on board the British

str. "Greyhound," 1885.

22

Thur. 13

23

Frid. 14

24

Sat

15

25

Sun.

16

26

Mon. 17

27

Tues. 18

28

Wed. 19

29

Great fire in Hongkong, 1959. Great typhoon at Formosa, 1861.

Thur. 20

30

Terrific typhoon at Manila ; enormous damage to property, 1892.

Frid.

21

Sat.

22

2

Sun.

23

3

Mon.

24

Tues.

25

5

Wed. 26

6

Thur. 27

Frid.

28

Sat

29

9

Sun.

30

10

Mon.

31

11

The Shanghai and Woosung railway closed by the Chinese Government, 1877.

H.R.H. Prince Alfred arrived at Shanghai, 1969. Cosmopolitan Dock opened, 1875,

Death, at Saigon, of M. Filippini, Governor of Cochin-China, 1887.

19TH AFTER TRINITY. 58 piratical vessels destroyed by Captains Hay & Wilcox, H.M

ships "Columbine" and Fury," 1849.

Treaty of Whampoa between France and China signed, 1844. Kahding recaptured

by the Allies, 1882.

In Canton 1,200 houses and 3 factories burnt, 1843.

Serious earthquake in Central Japan, 7,500 persons killed, 1891. Terranova executed by

the Chinese, 1822.

Portuguese frigate "D. Maria II." blown up at Macao, 1850.

20TI AFTER TRINITY. Great fire in Hongkong, 1866, C. W. Mason, of the Customs in- door staff, who professed to have been in communication with the Kolao-Hui, sentenced by the Supreme Court at Shanghai to nine months' imprisonment for being in un- lawful possession of dynamite, 1891,

H.R.H. Prince Alfred arrived at Hongkong, 1869. Settlement of the Formosa iffleulty

between Japau and China, 1874.

i

Digitized by

Google

xvi

THE CALENDAR FOR 1892

WALK

MONTH

MOONS

Tues.

1

12

Wed.

2

13

Thur.

3

14

Frid.

4

15

Sat.

5

16

Sun.

17

NOVEMBER-30 DAYS

SUNRISE

SUNSET

HONGKONG TemperaturB

2nd

..6h. 06m.

5h. 21m.

1890

1891

10th

..6h. 15m.

5h. 15m.

MOON'S PHASES

Maximum Minimum

..83

82

...55

57

d. h. m.

sec.

Full Moon

4

11

25

8 6

3

43 P.M. 37 49 P.M. 55 40 P.M. 48 P.M.

BAROMETER, 1891

Max......30.40

Min.......29.92

midnight.

1890

0.01 inch

RAINFALL

1891 2.30 inches

Last Quarter 11 5 New Moon 19 First Quarter 27

PERIGEE, 4 days, APOGEE, 18 days,

DAYS OF DAYS or 9 and 10

noon.

CHRONOLOGY or RemarkABLE EVENTS

The port of Quinhon, Annam, opened to foreign trade, 1870,

Chinese lighthouse tender "Fei-hoo" captured by French, 1884. Great Britain commenced the first war with China by the Naval action of Chuen-pee, 1889.

Great fire at Swatow; several hundred houses destroyed, 1887.

Hongkong Jockey Club formed, 1884.

Great fire at Macao, 500 houses burnt, 1834. Peking evacuated by the Allies, 1880. 21st after TriniTY. English and French treatles promulgated in the "Peking Gazette," 1880.

Mon. 7

18

Tues. 8

19

Wed. 9

20

The French repulsed in Kores, 1866.

kong, 1887.

Celebration of the Queen's Jubilee in Hong-

Thur. 10

21

Frid. 11

22

Statue of Sir Arthur Kennedy unveiled in the Botanic Gardens, Hongkong, 1887.

H.M.S. "Racehorse" wrecked off Chefoo, out of a crew of 108 only 9 saved, 1864. Death

of M. Paul Bert, Resident General of Annam and Tonkin, 1886.

Bat.

12

23

Hongkong first lighted by gas, 1864. The C. N. Co.'s Yangtaze steamer "Ichang

wrecked on Ta-yew Island, 1891.

19

Sun. 13

24

22ND AFTER TRINITY. Earthquake at Shanghai, 1847.

Mon. 14

25

Convention signed between Russia and China, 1860.

Tues. 15

26

Wed. 16

27

Thur.

17

28

Tues.

Wed.

Thur.

Frid.

Mon.

Tues.

Wed.

Frid.

Sat.

Sun. 20

Mon. 21

* 22 * * * * * * 2 2 88

22

4

23

5

24

6

25

7

Sat. 26

Sun. 27

8

9

28

10

29

11

30

12

18

29

19

1

2 3

H.M. gunboat "Gnat" lost on the Palawan, 1868. Destruction of the str. "Wah Yeung **

by fire in the Canton river; upwards of 400 lives lost, 1887.

Shanghai opened to foreign commerce, 1848.

Great Fire in Hongkong, 1867.

Terrific gunpowder explosion at Amoy; upwards of 800 houses destroyed, and several

hundred lives lost, 1887.

23RD AFTER TRINITY. Portuguese Custom house at Macso closed, 1845. Lord Elgin died, 1863. Major Baldwin and Lieut. Bird, of H.M.'s 20th Regt., murdered in Japan, 1864.

Great fire at Canton, 1,400 houses destroyed, 1835. Terrible boiler explosion on board

the steamer "Yesso" in Hongkong harbour, 88 lives lost, 1877.

Arrival of the Princes Albert Victor and George of Wales in the "Bacchante" at Woosung,

1881.

Capture of Anping, Formosa, 1889. Treaty between Portugal and China signed, 1887.

Imperial Diet of Japan met for the first time, 1890.

Edict issued by the Viceroy of Canton forbidding trade with British ships, 1839.

Ist in Advent. M. Thiers accepts the apology of Ch'ung How, the Chinese Ambassador,

for the murder of the French at Tientsin (June 21st, 1870), 1871, Foreign factories burnt at Canton, 1856. Great fire in Hongkong, 1867.

Murder of captain and four men of the British barque "Crofton,

Opening of the Japanese Diet at Tokyo by the Emperor in person, 1890,

St. Andrew's day. St. Joseph's Church, Hongkong, consecrated, 1872.

"2

near Ku-lan, 1869.

Digitized by

Google

THE CALENDAR FOR 1892

DECEMBER-31 DAYS

HONGKONG Temperature

xvi

SUNRISE

4th 20th

.6h. 26m.

SUNSET 5h. 14m.

..6h. 37m.

5h. 18m.

MOON'S PHASES

Maximum Minimum

1889

1890

..78

81

.50

63

d. h. m. sec.

Full Moon

4 9 53

42

A.M.

10 5

47

A.M.

Barometer, 1890

19

3

49 40

P.M.

Max......30.31

Min.......29.94

4

58 44 A.M.

1889 0.17 inches

RAINFALL

1890

1.55 inches

CHRONOLOGy of Remarkable EvenTS

    Last Quarter 11 New Moon First Quarter 27

PERIGEE, 3 days, APOGEE, 15 days, Perigee, 31 days,

DATS OF DAYS OF 10 and 11 WERE MONTH MOONS

Thur.

Frid.

Sat.

1 2 3 HO

1 hour, P.M. 9 hours, P.M. 8 hours, P.M.

13

14

St. Francis Xavier died on Sanchoan, 1552.

15

16

2ND IN ADVENT. First census of Hongkong taken, population 15,000, 1841. 17 Six foreigners killed at Wang-chuh-ki, 1847.

Soochow re-taken by the Imperialima.

Sun.

Mon.

under General Gordon, 1883.

Tues.

18

Confucius died, B.C. 490.

Wed.

7

19

European factories at Canton destroyed by a mob, 1842.

Thur.

8

20

Frid.

9

21

       Sat. Sun.

10

11

Mon. 12

Tues. 13

Wed. 14

Thur.

15

Frid. 16

Sat.

17

Sun.

Mon.

Tues. 20

Wed.

Thur.

Frid.

Sat.

Sun.

Mon.

Tues.

Wed.

Thur.

Frid.

Sat-

2 ** **N22 3

30

19

1

29

11

12

13

*** * * * * * * * * * 2 =

22

23

24

25

26

27

28

29

Ningpo captured by the Taipinge, 1961. Consecration of new Pei-tang Cathedral, Peking,

1888.

Piracy on board the Douglas str.

      Namoa," five hours after leaving Hongkong; Captain Pocock and three others murdered, and several seriously wounded, 1890.

3RD IN ADVENT. Indemnity paid by Prince Satsuma, 1863. Admiral Bell, URN.,

drowned at Osaka, 1867.

Imperial decree stating that the Foreign Ministers at Peking are to be received in

audience every New Year, 1890.

French flag hauled down from the Consulate at Canton by Chinese, 1832.

All Catholic Priests (not Portuguese) expelled from Macao, 1838.

The P. M. S. S. Co.'s steamer "Japan" burnt, 1 European passenger, the cook, and 300

Chinese drowned, 1874.

4TH IN ADVENT.

Sir Hugh Gough and the Eastern Expedition left China, 1842.

Arrival of Princes Albert Victor and George of Wales at Hongkong in the

chante," 1881.

M

21

3

Steam navigation first attempted, 1788.

22

23

5

British Consulate at Shanghai destroyed by fire, 1870.

24

6

25

7

26

8

27

9

10

Two Mandarins arrived at Macao with secret orders to watch the movemenita

Plenipotentiary Elliot, 1836.

Christmas Eve.

Christmas Day. Great Fire in Hongkong; 368 houses destroyed, immense destruction

of property, 1878.

Great fire at Tokyo, 11,000 houses destroyed, 283 lives lost, 1979. The C. N. Co.'s stemmen

'Shanghai" destroyed by fire on the Yangtaze, over 300 lives lost.

Dedication of Hongkong Masonic Hall, 1865.

Canton bombarded by Allied forces of Great Britain and France, 1857.

Digitized by

Google

1892.

San-mau Year.

Jan. XII. Moon.

8

13

14

19

20

23

22 23

23 24

Jin-shin Y'r.

I. Moon.

30

1

Feb.

8

10

13

15

14

16

II. Moon.

1

2

Mar.

April.

⌘ཉྩཊྛཾཀཀྐ ནཱཏྟæ ནྟི བྷཱུཀྐ

* 2** ****** 23

¡May.

සිප සය

13

15

19

28

III. Moon.

3

15

18

23

26

28

IV. Moon.

4

CHINESE FESTIVALS AND OBSERVANCES FOR THE YEAR 1892.

Great Buddhistic Festival.

The Great Cold.

Festival of Lu Pàn, the patron saint of carpenters and masons. He is said to have been a contemporary of Confucius. Among the many stories related of his ingenuity, it is said that, on account of his father having been put to death by the men of Wu, he carved the effigy of one of the genii with one of its hands stretched towards Wu, when, in consequence, drought prevailed for three years. On being supplicated and presented with gifts from Wu, he cut off the hand, and rain immediately fell. this day carpenters refuse to work.

Worship of the god of the hearth at night fall.

The god of the hearth reports to heaven.

Chinese New Year's day.

Fête day of the Spirits of the Ground.

Feast of Lanterns, Fête of Shang-yuen, ruler of heaven.

On

Fête of Shen and Ts'ai, the two guardians of the door. Auspicious day for

praying for wealth and offspring.

Fête day of the Supreme Judge in the Courts of Hades.

Mencius born B.C. 371. Spring worship of the gods of the land and grain.

Fête of the god of literature, worshipped by students.

Fête day of Hung-shing, god of the Canton river, powerful to preserve people

from drowning, and for sending rain in times of drought. Birthday of Lao Tsze, founder of Tauism, B.C. 604.

Fête of Kwanyin, goddess of mercy.

Tsing Ming, or Tomb Festival.

Fête of Hiuen T'ien Shang-ti, the supreme ruler of the Sombre heavens,

Peh-te, Tauist god of the North Pole.

Fête of I-ling, a deified physician, and of the god of the Sombre Altar, wor-

shipped on behalf of sick children.

Fête of Heu Tu, the goddess worshipped behind graves; of the god of the

Central mountain, and of the three brothers.

Fête of Tien Heu, Queen of Heaven, Holy mother, goddess of sailors. Fête of Tsz Sun, goddess of progeny.

National Festival of Ts'ang Kieh, inventor of writing.

Fête of the Bodhisattva Mandjushri; worshipped on behalf of the dead.

Fête of San Kai, ruler of heaven, of earth, and of hades; also a fête of Buddha. Fête of the dragon spirits of the ground.

8

10

14

17

Fête of Lu Sien, Tauist patriarch, worshipped by barbers. Fête of Kin Hwa, the Cantonese goddess of parturition.

20

Fête of the goddess of the blind.

28

June.

V. Moon.

5

===

5

11

77

13

10

16

Fête of Yoh Wong, the Tauist god of medicine.

Fête of the god of the South pole.

National fête day. Dragon boat festival and boat races. On this day the Cantonese frantically paddle about in long narrow boats much orna- mented. In each boat is a large drum and other musical instruments used to incite the crew to greater exertions. The festival is called Pa Lung Shun or Tiu Wat Uen, and is held t› commemorate the death of the Prince of Tsoo, who, neglecting the advice of his faithful Minister Wat Uen, drowned himself about B.C. 500.

National fête of Sheng Wang, the tutelary god of walled towns. National fête of Kwân Ti, god of war, and of his son General Kwan. Fête of Chang Tao-ling (A.D. 34), ancient head of the Tauist sect. His des- cendants still continue to claim the headship. It is said "the succes- sion is perpetuated by the transmigration of the soul of each successor of

Digitized by

Google

July, VI. Moon.

6

12

17

13

19

24

Aug. ¡ VII. Moon.

1

15

28

7

Sept.

5

8

10

292 a nag-en a 251*

Nov.

10 10

7

17

27 Dec.

3

VII. Moon.

18

20

22 25

29

CHINESE FESTIVALS AND OBSERVANCES

VIII. Moon.

1

15

25

277

IX. Moon.

1

9

11

15

16

17

18 28

X. Moon.

3

15

XI. Moon.

22

24

6

1893

Jan.

10

23

13

26

16

xix

Chang Tao-ling, on his decease, to the body of some youthful member of the family, whose heirship is supernaturally revealed as soon as the miracle is effected. Fête of Shakyamuni Buddha, the founder of Buddhism.

Fête of Lu Pan, the god of carpenters and masons. Fête of the goddess of mercy.

Anniversary of Kwán Ti's ascent to heaven. Fête of Chuh Yung, the spirit

of fire; and of the god of thunder.

First day of the seventh moon. During this moon is held the festival of all souls, when Buddhist and Tauist priests read masses to release souls from purgatory, scatter rice to feed starving ghosta, recite magic incantations accompanied by finger play imitating mystic Sanskrit characters which are supposed to comfort souls in purgatory, burn paper clothes for the benefit of the souls of the drowned, and visit family shrines to pray on behalf of the deceased members of the family. Exhibitions of groups of statuettes, dwarf plants, silk festoons, and ancestral tablets are com- bined with these ceremonies, which are enlivened by music and fireworks. Fête day of Lao Tszu, the founder of Tauis.

Fête of the god of Ursa Major, worshipped by scholars, and of the seven

goddesses of the Pleiades, worshipped by women.

Fête of Chung Yuen, god of the element earth.

Fête of the three gods of heaven, of earth, and of water, and of the five

attendant sacrificial spirits.

After

Fête of Chang Fi, A.D. 229. A leader of the wars during the Three King-

doms. He is said have been at first a butcher and wine seller. many heroic exploits, he perished by the hand of an assassin.

Fête of the god of wealth.

Fête of Hü Sün-ping, a Tauist eremite.

Fête of Ti Ts'ang-wang, the patron of departed spirits.

Fête of Hü Sun, a deified physician, worshipped by doctors, and of Kin

Kiah (god of the golden armour) worshipped by the literati. Fête of the gods of land and grain.

Descent of the star god of the northern measure, and fête of the god of the hearth.

National fête day. Worship of the moon, and Feast of Lanterns. Fête of the god of the Sun.

Fête of Confucius (born 551 B.C.), the founder of Chinese ethics and politics.

Descent of the Star gods of the northern and southern measures from

the 1st to the 9th day inclusive.

Fête of Kwan Ti, the god of war; kite-flying day. Fête of Tung, a ruler in Hades. Fête of Yen Hwui, the favourite disciple of Confucius.

National fête of Chu Hi (A.D. 1130-1200), the most eminent of the later Chinese philosophers whose commentaries on the Chinese classics have formed for centuries the recognized standard of orthodoxy.

Fête of the god of the loom.

Fêtes of the god of wealth; of Koh Hung, one of the most celebrated of Tauist

doctors and adepts in alchemy; and of the golden dragon king. Fête of Tsü Shêng, one of the reputed inventors of writing.

Fête day of Hwa Kwang, the god of fire, and Ma, a deified physician.

Fête of the three brothers San Mao.

Fêtes of Ha Yuen, the god of water; of the god of small-pox; and of the

god and goddess of the bedstead.

National fête of Confucius (born 551 B.C.), the founder of Chinese ethics

and politics.

Fête day of Yuh Hwang, the higher god of the Tauist pantheon.

Tauist feast day of Chang Sin, extensively worshipped for male issue. Fête of the Genius of the North (one of the five evil genii). Festival of the Angel of Sunlight

Digitized by

Google

WEIGHTS AND MEASURES, MONEY.

CHINESE

WEIGHTS

      Chinese weights are mostly decimal. Although English weights and measures are used to a considerable extent in trade with foreigners, being legalised in Hongkong for that purpose, the following are also recognised by Ordinance 22 of 1844:-

10 li 10 fan

*0013 oz. avoir. *0133 oz. avoir.

1 li 1 fan, 1 tsin,

or cash

or candareen

or mace

·1333 oz. avoir.

10 tsin

=

16 leung

100 kan

120 kan

1 leung, or tael

1 kan, or catty

1 tin,

or picul

1 shek, or stone

13 oz. avoir.* 1 lb. avoir. 133 lb. avoir. 160 lb. avoir.

The words candareen, mace, tael, catty, picul, are not Chinese.

     Almost all commodities, even liquids, are sold by the above weights amongst Chinese.

MEASURES

English measures are legal, but so are also the Chinese:-

10 fan

1 tsün,

or inch

10 tsün

1 chek,

or foot

10 chek

1 ch'eung or fathom

1 li, or mile

10 li

about 1.41 English inch. about 14.1 English inch. 4 yards (nearly).

"The Treaty of Tientsin fixes the ch'eung at 141 English inches.

mile English.

I pò, or league 3 miles English (about). Land is measured by the mau or acre, equal to about

MONEY

of an English acre.

This is almost entirely represented by weights of silver, accounts being kept in leung, tsin, fan, and li (taels, mace, and candareens) as given above. Their values may be taken to be the following:-

1 li

or casht

.06d. or d.

1 fan or candareen .6d. or jd.

1 tsin or mace 1 leung or tael

6d. 58.

Not one of these weights is represented by any coin, unless we may take the cash to represent the value of a li of silver.

Silver is used uncoined, in ingots or shoes, sometimes called sycee. Small sums are paid in what is called broken silver. At the Treaty Ports this generally consists of the fragments of Mexican or Spanish dollars, hammered to pieces by the Shroffs in their process of chopping.

This broken silver is weighed by means of small steel-yards called li-tang. The silver coins issued by the Canton Mint were legalised as current throughout China by Imperial Decree in 1890.

Cash might be said before 1890 to be the coin of China‡. The Chinese call them tsin. They are bronze coins, not unlike thin farthings with a square hole in the centre for stringing together. The Hongkong Government cash or mils are smaller, and the hole is round. The value of cash fluctuates greatly, and is very much a matter of bargain. About 1,200 to a Mexican dollar is an average quotation.

HONGKONG MONEY

     A legal tender in Hongkong consists of Hongkong or Mexican dollars; 50, 20, 10, or 5 cent silver pieces to an amount not exceeding two dollars; or bronze cents or mils to an amount not exceeding one dollar. Japanese yen, American, Spanish, and South American dollars are also in circulation, and the 10, 20, and 50 cent pieces of the Straits Settlements, which are accepted indifferently with those of Hongkong. Japanese small coin is also accepted at a small discount.

The value of the dollar during 1891 (to November 30th) ranged from 38. 51d. to 38. Ofd. sterling.

Mexican dollars weighed at 7.1.7. mean coins which contain 7 mace, 1 candareen, and 7 li of silver (see weights given above). Clean coins of this weight command a premium, lighter ones are taken at a discount.

* The Tael actually in use is 1.351 oz.

† The li when representing weight is never spoken of as a cash, but probably the original value of a cash was 1 li of

pure silver.

* The Mint at Canton now issues subsidiary silver coins to the dollar as well as cash.

Digitized by

Google

WEIGHTS AND MEASURES, MONEY

JAPANESE.

xxi

1 Momme

1 Fun

1 Pin

1 Mo

1 Shi

1 Hiyak-kin

1 Kin

WEIGHTS.

1 Kvam-me

1 Hiyaku-me

1,000 Momme

100 Momme

10 Fun

10 Rin

10 Mo

10 Shi

100 Kin

160 Momme

Apothecaries Weight.-1

0.0000008282 lbs. avoir. 132.5073232011 lbs. avoir. 1.3250732320 lbs. avoir.

Riyo

8.2817077001 lbs. avoir. 0.8281707700 lbs. avoir. 0.0082817077 lbs. avoir. 0.0008281708 lbs. avoir. 0.0000828171 lbs. avoir. 0.0000082817 lbs. avoir.

3756.5217

grammes.

375.65217

grammes.

3.7563217

grammes.

0.37565217

grammes.

0.087565217

grammes.

0.0137565217 grammes.

0.00037565217 grammes.

60104.3472

601.043472

grammes. grammes.

4 Momme = 0.0402583013 lbs. troy.

DRY MEASURE.

1 Jo

10 Shaku

1 Shaku

10 Sun

1 Sun

10 Bu

about 4 yards 51 inches English. about 1 foot 2 inches English. about 11 inches.

LAND MEASURE.

1 Ri

36 Cho

2.44

English miles.

1 Cho

60 Ken

1 Ken

6 Shaku

119.305 English yards.

5.9653 English feet.

MONEY.

The Japanese yen and sen are identical in value with the Mexican dollar and cent. The silver yen is the standard coin.

4 P'eis 2 Fu'ang

4 Salinga

4 Bäts

20 Tämlü'ngs

60 Ch'ängs

100 Häps

SIAMESE.

MONEY.

make

1 Fu'ang

$0.076.

1

"

Sálü'ng

0.150.

1

Bät or Tical

0-600.

1 Tämlü'ng

2.400.

Ch'äng

48.000.

鼻影

1 Tärs

12

WEIGHTS.

1 Hap

2,400.000. 24,000,000.

The standard of weight being the coin of the country, weights are designated by the same terms. A Tical weighs 236 grains Troy.

The Siamese standard of weight is just double that of the Chinese, and goods are bought and sold in Bangkok more by the Chinese than the Siamese standard.

MEASURES.

1 Niw 12 Niws

2 K'ú'ps 4 Sawks 20 Wahs

400 Sēna

LONG MEASURE.

make

1 K'á'p

+ inch. 9 inch.

1 Säwk

19 inch.

1 Wah

78 inch.

1 Sën

"

130 feet.

"

1 Yot

91 statute miles.

       Note.- Timber is bought by the Yök, which is 64 Säwk in length by 1 Säwk in width=36,864 Siamese inches, being equivalent to 169 square feet.

1 Tänan..

20 Tänans

make

               1 Tăng Note. A Keean is 20 Piculs.

DEY MEASURE.

pints. 25 Tänans

make 1 Sat

"

1 Kesan (Coyan.)

15 pints. 100 Tángs or 80 Sat A Picul is 133 lbs. avoirdupois.

Digitized by

Google

HONGKONG

POSTAL

GUIDE.

This reprint supersedes all previous issues of the Postal Guide, and is the only authorised complete summary of Postal regulations. Whilst always willing to supply information in other ways, the Department declines responsibility for errors in replies to oral applications (especially if addressed to Chinese) or notes to subordinate officers. The Chinese Shroffs at the windows are placed there to sell stamps, not to decide what is correct postage, nor to answer enquiries, for which they are not competent.

HONGKONG, January 1st, 1892.

CONTENTS.

Par. 1-

Offices. Complaints.

*

5 7

"

8-19

*

Dimensions. Weights.

Routes and Opportunities.

Contents.

Par. 54- 57 58-69 70- 75

"

"

20-25

"

Posting.

76- 80 81-

Prices Current and Circulars.

Requests for Redirection. Postage Stamps.

Money Orders.

84

Postal Notes.

"

28-31

Registration.

85- 89

32-33

Unpaid Letters.

90-97

34-39

"

Soldiers' and Sailors' Letters.

98

10

40----44

.Post Cards.

99--109

Private Boxes. Local Delivery. Rates of Postage. Parcel Post.

45-49

Books and Patterns.

50-53

学画

Newspapers.

1.-The Head Office for British Postal business in China is at Hongkong; there is a Post Office also at Shanghai, and Agencies at the following places :-

Canton, Hoihow, Swatow, Amoy, Foochow, Ningpo and Hankow.

2. All complaints, or representations of matters which cannot be adjusted locally, should be addressed to the Postmaster-General, Hongkong, and, if marked On Postal Business, will be forwarded free by any Postmaster or Agent.

    3.-The cover of any correspondence about which complaint is made should if possible be forwarded with such complaint. Neglect of this generally renders enquiry impossible.

4.-When correspondence has been mis-sent or delayed (both of which are liable to happen occasionally) all that the complainant need do is to write on the cover, Sent to ...or Delivered at....., or Not received till the ...th instant, or as the case may be, and forward it, without any note or letter whatever, to the Postmaster-General. Attention to this would save much writing and needless trouble.

Dimensions, Weights, and Contents of Correspondence.

5.-No articles of correspondence (except Maps, &c., as explained below), unless to or from a Government Office, must exceed the following measurements-2 feet long, 1 foot wide, 1 foot deep. There is no limit to the weight of letters, but the weights of other articles (except official correspondence) are limited as follows :~

Books or Papers Patterns

To British Offices. To other Offices

.5lb ..5lb

4lb. 8oz.

      6.-Book Packets for non-British offices must not exceed 18 inches measurement in any one direction, but such objects as Maps, Pictures, Plans, Photographs, &c., if made up into rolls of no great thickness and not exceeding 31 inches in length may be so forwarded to any country. Pattern Packets for non-British offices must not exceed these dimensions, 8 inches by 4 inches by 2 inches.

7.-Articles which are dangerous to the mails, or offensive or injurious to persons dealing with them, cannot be sent by Post.

Routes and Opportunities.

8.--All ordinary correspondence is sent on by the best opportunity of which the prepayment admits, unless especially directed, or apparently prepaid for some other

route.

     9.-Correspondence specially directed for any particular steamer is sent by her (failing any request to the contrary), however many times her departure may be postponed. If it is postponed sine die, the correspondence is sent on by the next opportunity.

Digitized by

Google

HONGKONG POSTAL GUIDE

xxiii

10-Correspondence from the Coast marked vid Brindisi or viå Marseilles is KEPT DE THE ROUTE INDICATED even though that may involve a fortnight's detention. Unless his is intended therefore, the safest direction is By first mail.

       11.-Letters from the Coast forwarded without prepayment are not delivered until the Hongkong Office has time to deal with them; paid covers are delivered at once. Unpaid papers are returned to the senders.

       12.-It is not necessary to pay postage on covers from the Coast containing stamped correspondence for the homeward mails or local delivery.

       13-It is sometimes possible to overtake the French packet at Singapore by means of a direct private steamer. When this can be done Coast correspondence which arrived

too late is so sent on.

14.-Mails may also be forwarded to London and Ports of call by the Tea steamers leaving China, either direct, or to catch the next contract mail at Singapore or Suez. Except by special request, only letters are sent in these mails.

       15.-Newspapers for China posted in the United Kingdom and paid only 1d. each instead of 1d., which is the proper postage, or over 4 ounces in weight and paid one rate only, are sent out by private steamers instead of by the contract mails.

Australia.

         16.-There are two routes to Australia, viz., viâ Torres Straits, and via Colombo. The Torres Straits route is the best for Eastern Australia as far as Sydney, for New Zealand, Tasmania and Fiji. All correspondence for these places is thus sent unless otherwise directed. Correspondence for Adelaide and Perth may be sent by this route.

          17-The route viâ Colombo is best for Western and Southern Australia. Each home- ward French Packet connects at Colombo with the P. & O. steamer which leaves that port for King George's Sound, Adelaide, Melbourne, and Sydney.

Canada, the San Francisco Route, &c.

         18.-The routes by Vancouver or San Francisco can be freely used for ordinary or registered correspondence for Union or Non-union countries. The making up of mails via San Francisco at Shanghai is left to the United States and Japanese Post Offices.

        19.-When it is desired to forward letters to the United States by a sailing ship not notifie l as carrying a mail, all that is necessary is to post the letters in the ordinary way, unked with the name of the ship, and prepaid 10 cents per half ounce as usual The Post Office then undertakes the duty of obtaining notice of departure and despatch- ing the correspondence.

Posting.

        20.--Boxholders are allowed to post their correspondence in sealed boxes, which should be closed with some recognisable seal. Locked boxes cannot be allowed.

       21.-A receipt book should be sent with each box, but as the receiving officer cannot undertake to count the correspondence sent, he only gives a receipt for One Box.

       22.-No attention is promised to anything written in the book, To be Registered, for instance.

23.-Contrary to general usage the Hongkong Post Office will give a receipt of this kind for an ordinary letter, to assure the sender his correspondence has not been stolen on the way to the Post. But this receipt is not intended to be used against the Post Office in

case the correspondence goes astray. Some few Offices grant acknowledgments of posting on payment of a halfpenny or so for each letter acknowledged, and even then they decline to admit that any such acknowledgment refers to any particular letter. Others have abandoned the practice of giving receipts even on payment. It is obvious therefore that this Office cannot allow its free receipts to be used to found complaints

If that is intended the correspondence should be Registered.

on.

       24.-It is no part of the duties of the Post Office to aflix stamps to correspondence, or to see that servants purchase or aflix the proper amounts, nor can the officers of the Department, under any circumstances, undertake to do this.

25.-Any article of correspondence duly prepaid and posted becomes the property of the addressee, and cannot be returned to the sender, nor can it be detained, without the written authority of the Governor of Hongkong or of Her Majesty's Consul at the Port, on an application stating fully the reasons for the request.

Registration.

26.-Every description of paid correspondence may be registered, except such as is addressed in pencil, or is addressed to initials or fictitious names, or is not properly fastened and secured. The fee is 7 cents to the United Kingdom, Local 5 cents, elsewhere 10 cents. The sender of any Registered article may have a receipt sent with it for signature by the addressee and return on paying an extra fee of 5 cents.

Digitized by

Google

xxiv

HONGKONG POSTAL GUIDE

    27.-Letters to be registered should be handed to the receiving officer at the proper win- dow, and a receipt obtained. The hour of registry will be marked on the receipt if specially requested. Whoever presents an article for Registry MUST ASK (orally) FOR A receipt. Nothing written on the letter or elsewhere can replace this indispensable precaution.

28.-The Post Office is not legally responsible for the safe delivery of Registered Correspondence, but will be prepared to make good the value of such correspondence if lost while passing through the Post, to the extent of $10, in certain cases, provided :-

(a) That the sender duly observed all the conditions of Registration.

(b) That the correspondence was securely enclosed in a reasonably strong

envelope.

(c) That application was made to the Postmaster-General of Hongkong immediately the loss was discovered, and within a year at the most from the date of posting such correspondence.

(d) That the Postmaster General is satisfied the loss occurred whilst the correspondence was in the custody of the British Postal administration in China; that it was not caused by any fault on the part of the sender; by destruction by fire, or shipwreck; nor by the dishonesty or negligence of any person not in the employment of the Hongkong Post Office.

29.-No compensation can be paid for mere damage to fragile articles such as portraits, watches, handsomely bound books, &c., which reach their destination, although in a broken or deteriorated condition, nor on account of alleged losses of the contents of Registered covers which safely reached their destinations, nor on account of any article for which the addressee has signed a receipt.

30.-The Post Office declines all responsibility for unregistered Letters containing bank notes, coin, or jewellery, and, where Registration has been neglected, will make no enquiries into alleged losses of such letters.

    31.-A postcard enclosed in a packet of correspondence, for return to the sender by way of receipt, will not under any circumstances be admitted as evidence that any particular article reached the Post Office.

Unpaid Letters.

32. The general rule as to insufficiently paid letters is to double the deficient postage. If the despatching office has not indicated how much the deficiency is, it is taken to be 10 cents per half ounce, and the letter is consequently charged 20 cents per half ounce. Any foreign postage stamps affixed are neglected in making this charge. Hence letters sent loose on board ship are treated as wholly unpaid, however many stamps of other countries they may bear. This practice is based on international rules, and is required by Treaty. Nothing can be sent wholly unpaid except letters. The prepayment of postage on local letters is compulsory.

33.-Consignees' letters, being privileged by law, need not be sent to the Post Office at all, but if they are sent they are liable to ordinary rates of postage.

Soldiers' and Sailors' Letters.

34.-Privates in H. M. Army or Navy, Non-commissioned Officers, * Bandmasters, School-masters (not Superintending or First Class), Writers, or School-mistresses may send HALF-OUNCE letters to the United Kingdom by the English Mail at the rate of two cents each, or by the French Mail at the rate of four cents each. The postage must be prepaid in Hongkong Stamps.

    35.-To other places not beyond Great Britain, such as India, Malta, &c., the postage is 2 cents.

    36.-The same privileges apply to letters addressed to the Privates and Non- commissioned Officers named above.

    37.-The letters must not exceed half an ounce. No handkerchiefs, jewellery, &c., can be sent, even with the ends open.

    38.-If from a Soldier or Sailor his class and description must be stated in full on the letter, the cover of which must be signed by the Commanding Officer, with name of regiment, ship, &c., in full. If to a Soldier or Sailor, his class and description, with name of regiment, ship, &c., must be stated in full.

39.-Soldiers and Sailors have no privileges with regard to books, papers, or parcels.

Post Cards.

40.--Two values of Post Cards are issued, as follows:-

For local circulation, ie, anywhere within the limits of China, Japan,

Corea, Siam, Cochin-China, Tonkin, the Philippines, British North I cent. Borneo, or the Straits Settlements.

To Union Countries generally

• But not Warrant Officers, Assistant Engineers, Gunners, Boatswains, or Carpenters.

3 cents.

Digitized by

Google

HONGKONG POSTAL GUIDE

XXV

41-Nothing must be written or printed on the stamped side of the card but the address, and, if desired, the sender's address. Any communication whatever, whether of the nature of a letter or not, may be written or printed, or partly written and partly printed on the other side. But no card will be forwarded on which anything libellous, insulting, or indecent has been written, printed, or drawn.

42.-Nothing must be attached to a Post Card, nor may it be folded, cut, or otherwise altered. If so, it will be charged as a letter. Thin paper, smaller than the card, may, however, be pasted smoothly on it.

       43.-In regard to hours for posting, late fees, &c., Post Cards are submitted to the same rules as letters.

44.-A card of insufficient value may be fully prepaid by the addition of an adhesive stamp of proper amount.

Books and Patterns.

45.-Books and patterns are charged at so much per two ounces The Union rate is 2 cents.

46.-The term books includes almost all kinds of printed or written matter not of the nature of an actual or personal correspondence, with whatever is necessary for its illustration or safe transmission, as maps, rollers, binding, &c., but a book must contain no communication whatever of the nature of a letter. Printers' copy; authors' manuscripts; diaries, but not letters in diary form; press copies of any documents not letters; law papers; deeds; bills of lading; invoices; insurance papers; copied music; &c., may all be sent at Book rates. But stamps of any kind, whether obliterated or not, or any papers representing monetary value, such as coupons, drafts, lottery tickets, &c., must be sent at letter rates.

>

47.--A book may contain an inscription presenting it, notes or marks referring to the text, or such writing as With the author's compliments, &c.

48.-The packet must be open at the ends, and the contents visible, or easily to be rendered visible. Packets which are sealed are treated as letters even though the ends may be open. Books to the value of 81 and upwards, when addressed to the United States, are generally liable to Customs duties.

      49.-Pattern packets must be open at the ends. Tea, seeds, drugs, &c., may be sent in boxes, or in transparent bags. There must be no writing or printing on or in the packet except addresses, trade marks, numbers, quantities, and prices. For weight, dimensions, &c., see paragraph 5.

Newspapers.

50.-A newspaper is a printed paper containing news. It must not exceed four ounces in weight, or it is liable to an additional rate of postage. It may be prepaid as a book at the option of the sender. The Union rate of postage is 2 cents each.

51.-A bundle of newspapers may be prepaid at so much each (and each one must count, however small) or the whole may be paid at book rate.

      52.-Two newspapers must not be folded together as one, nor must anything whatever be inserted except bona fide supplements of the same paper, and same date. Printed matter may, however, be enclosed if the whole be paid at book rate.

53.-A newspaper must be open at the ends. If it contain any written communíca- tion whatever it will be charged as a letter. It should be folded with the title outwards

Prices Current and Circulars.

       54.-A circular is a communication of which copies are addressed, in identical terms or nearly so, to a number of persons. It may be either written or printed, or partly written and partly printed. "A price current or circular may be paid as a newspaper or as a book.

      55.-A bundle of prices current or circulars may be paid as so many newspapers (each one counting) or the whole may be paid at book rate. The Union rate of postage is 2 cents each. For Natal and the Cape, 5 cents.

        56.-Prices Current or Circulars forwarded in closed envelopes with the corners cut off, or with notched ends, are charged letter rates, as they are not really open to inspection.

       67.-Prices Current and Circulars arriving in such large quantities as to retard the delivery of the mails are allowed to stand over till there is time to deal with them.

Requests for Redirection.

58.-Requests for the redirection of correspondence, or to have it stopped in Hong- kong, must be in writing. The precise address of the correspondence must be given.

Digitized by

Google

xxvi

HONGKONG POSTAL GUIDE

59.-Requests should also state whether private letters or those for the writer's firm are required, and to how many mails the request applies.

    60.-When the correspondence is required in Hongkong an address must be given to which it may be sent. Under no circumstances will it be delivered at the Post Office windows. If the applicant persists in applying for it instead of waiting till it is sent to him, his request will be cancelled.

161.-No notice can be taken of requests sent in after any Mail is signalled with reference to that particular Mail.

62.-Requests of a complicated nature cannot be entertained.

63.-Correspondence directed to care of boxholders in Hongkong must, without exception, be delivered as addressed.

    64.-Every request is understood to refer to letters only; papers will not be intercepted unless special reasons be shewn to the satisfaction of the Postmaster- General.

65.-There is no charge for redirection of sufficiently prepaid correspondence. 66.-The marine officers are not allowed to deliver correspondence at Singapore. 67.-Letters for a firm will not be intercepted without the written authority of that firm.

    68.-Correspondence from the Continent for Northern Ports by French packet cannot be intercepted, nor can that for Yokohama by any Mail.

    69.-No request is acted on for more than three months, at the end of which time the correspondence resumes its usual course.

Postage Stamps.

    70.-Hongkong Postage Stamps of the following values can be purchased and are available at any British Post Office or Agency in Hongkong or China:-

2 cents.

5

"

10

"

20

"

50 cents.

1 Dollar.

2 Dollars.

3

Post Cards-

1 cent. 3 cents.

30

5

71.-The Postmasters and Agents are allowed (but not required) to purchase Hong kong Postage Stamps from foreign residents.

72.-The Stamps tendered for sale must not exceed $50 in value, must be perfectly clean, and in good condition. They must be presented personally or accompanied by a

note.

    73-The Postmaster or Agent is allowed to charge a commission of one per cent. on all stamps purchased.

    74.-Boxholders are at liberty to mark their Postage Stamps on the back or face, or by perforation so as prevent their being stolen. It the mark be on the face, it must be such as not to interfere with the clean appearance of the stamp.

75.--Correspondence will not be stamped at the Post Office and charged to boxholder's account, except as provided by the Local Postage regulations (see paragraph 92).

Money Orders.

    76.-Money Orders are issued at Hongkong and Shanghai at current rates of exchange on the following countries and places:-

* Algeria. Amoy.

* Azores Is. Bangkok. * Belgium. * Bermuda. Canada. Canton. * Cape Colony.

Ceylon. +(Constantinople).

Cyprus. * Denmark. * Egypt. *Falkland Is.

Foochow.

* France.

* Gambia.

* Germany. * Gibraltar. *Gold Coast. Hankow. Hawaii. Hoihow.

* Holland.

* Honduras (Br.)

Hongkong. * Iceland.

India. * Italy.

Japan.

* Lagos.

* Madeira.

* Malta.

* Mauritius.

* Natal.

* Newfoundland

New South Wales *New Zealand.

Ningpo.

North Borneo. * Norway.

Port Darwin. * Portugal.

Queensland. *S. Helena. * Seychelles. Shanghai.

✦ By means of Postal Notes only.

* Sierra Leone.

South Australia.

Straits Settlements Swatow.

* Sweden.

* Switzerland.

*Tangier.

Tasmania.

UNITED KINGDOM. * United States.

Victoria.

Western Australia. * West Indies British. Danish, and Dutch).

Digitized by

Google

HONGKONG POSTAL GUIDE

xxvii

        77-Orders on the Countries marked * are forwarded through the London Post Office, and are paid less the following discount, for which the remitter should allow. All such irlers must be expressed in British currency, and cannot be drawn for any smaller

m than 6d.

For Sums not Exceeding £2

39

"

.3d.

Exceeding £2 but not Exceeding £ 5..

.6d.

£5 £7

£ 7.

.el.

£10..

.1/0.

"2

"

       78.-The commission charged is as follows (according to the currency the Order is drawn in):

Up to £2, or $10, or 20 Rupees.. Up to £5, or $25, or 50 Rupees.. Up to £7, or $35, or 70 Rupees.. Up to £10, or $50, or 100 ̊ Rupees. Up to

150 Rupees....

0.20 cents.

0.40 cents.

0.60 cents.

0.80 cents.

$1.00.

        79.-No Order must exceed £10 or 850 (unless drawn on India, when 150 Rupees is the limit).

        80.-Sums not exceeding $50 may be remitted between the Ports of China by means of Postage stamps, subject to a charge of one per cent. for cashing them, or Money Orders can be granted at Hongkong or Shanghai on Ports where there are Agencies of the Hongkong Post Office.

Postal Notes.

        81.-POSTAL NOTES of the values named below, payable within three months at any Post Office in the United Kingdom, or at Constantinople, can be obtained at Hongkong or at any British Post Office in China at the following prices, which include com- mission:-‡

1/~ 1/6

5/-

10/

20/-

33 cents.

50

""

$1.65.

$3.30.

$6.60.

        62.-The purchaser of any Postal Note must fill in the Payee's name before parting with it. He may also fill in the name of the Office where payment is to be made. If this is not done the note is payable (within three months) anywhere in the United Kingdom, or at Constantinople. Any Postal Note may be crossed to a Bank.

        83.-Postal Notes should always be forwarded in Registered Covers. If this precaution is not taken NO ENQUIRIES WHATEVER will be made as to the loss or alleged loss of any Note.

84.-Postal Notes issued in the United Kingdom are not payable in Hongkong or

China.

Private Boxes.

        85.-Private Boxes may be rented in the offices at Hongkong and Shanghai. The fee is $10 a year payable in advance.

86.-Each boxholder is supplied with an account book free, but must himself provide at least two stout bags (Shanghai firms require four) marked with his name in English and Chinese on both sides. Chinese Nankin makes the best bags for this purpose. They should be without strings, but have a couple of iron rings at the mouth for suspending. Boxholders should insist on their coolies returning these bags to the Post Office as soon as emptied, or at any rate not later than next morning. The only safe way to empty a bag is to turn it inside out.

87.-Each boxholder's coolie must be provided with a stout ticket or badge of wood, metal, or pasteboard, bearing his employer's name in English and Chinese. This will enable him to obtain letters whenever a mail arrives,

88.-The advantages of renting a box are many. It secures a quicker and more accurate delivery of correspondence. Unpaid letters are delivered to boxholders with- out the delay of demanding payment, change, &c., as they are charged to his account. The boxholders of Hongkong and Shanghai send bags down in the mail steamer to be filled by the marine officer. Boxholders are allowed to post their letters in sealed boxes, and to mark their Postage Stamps. They receive free copies of all notices issued by the Post Office, Tables of Rates, &c. Many inconveniences are saved to them by the facility

↑ These prices vary with the finctuations of exchange.

Digitized by

Google

xxviii

HONGKONG POSTAL GUIDE

for charging their accounts with small deficiencies of postage, when there is no time to return a short-paid letter. This, however, is only done as an exception, when the letter cannot go on unpaid, no boxholder being allowed to make a practice of sending short- paid correspondence, or letters to be stamped. Boxholders are also allowed certain privileges as to posting local correspondence unstamped (see paragraph 92).

89.-Boxholders' books are sent out for settlement on the first day of each month, and should be returned promptly. As a general rule no information can be given as to the correspondence charged in these accounts, where it came from, &c. There is only one way to obtain such information, and that is to file the covers of all unpaid corre- spondence received. Entries On Board are for unpaid correspondence dealt with by the Marine Officer on his way up from Singapore.

Local Delivery (Hongkong).

90-All correspondence posted before 5 P.M. on any week day for addresses in Victoria will be delivered the same day, and generally within two hours, unless the de- livery should be retarded by the contract mails. Correspondence for the Peak, Kowloon Point, or steamers in harbour is delivered twice daily except on Sundays.

    91.-No delivery is attempted at any private house (even though named in the address) when there is a place of business nearer at which delivery can be effected.

    92.-Circulars, Dividend Warrants, Invitations, Cards, Patterns, Bills, Almanacs, &c., for addressees in Hongkong, or the Ports of China, in batches of not less than ten of uniform size and weight, may be sent to the Post Office unstamped, the postage, at the rate of one cent each, being paid in cash or charged to the sender's account. Special accounts may be opened with non-boxholders for the delivery of considerable numbers of such articles.

    93. Such covers, when addressed to places other than Hongkong or China, must be prepaid two cents each in stamps.

    94.-Circulars, &c., must not exceed 2 ounces each in weight. Patterns, Almanacs, &c., must be under 4 ounces each in weight. Heavier articles are charged ordinary rates.

    95.-Envelopes containing patterns, &c., may be wholly closed if the nature of the contents be first exhibited or stated to the Postmaster General, as he may consider necessary, and approved by him. Printed Circulars may be inserted in such Pattern Packets.

    96.-Addresses must be complete. That is to say, on such covers as are not address- ed to heads of houses, the addressee's residence or place of business must be added. In- completely addressed covers are returned to the sender for address.

97.-The above mentioned classes of correspondence are invariably delivered at places of business unless special arrangement is made for delivery at private houses. Such arrangements can only be made subject to the general work of the Post Office.

Rates of Postage.

98.-Rates of Postage in Hongkong, and at British Post Offices in China :-

RETURN

RECEIPT FOR REGISTERED ARTICLE.

LETTERS PEROS.

POST CARDS, EACH.

BOOKS & PATTERNS PER 2 02.

{NEWS' PRS.

& PRICES CURRENT, BACH. (a.)

REGIS- TRATION.

cents.

cents.

cents.

cente.

cents.

centr.

and for local delivery,

To China, (or from China to Hongkong),

Between Hongkong Canton and Macao,} (b.)

2

1

2

2

6

Cochin-China,

*1

"1 Corea,

Japan,

..

North Borneo,

#

Philippine Islands,

Siam

"

Straits Settlements,

,, Tonquin,

*

Natal and Cape Colony

To all other places

"

United Kingdom,

1

2

6

(c.)

CANNOT

(8)

20

5

BE BENT,

10

8

2

2

ོ。

10

NOT ISSUED,

10

5

(d.)

(4.)

7

3

2

2

a

(a.) Not to exceed 4 os. in weight, (Prices Current, 2 oz.), otherwise the rate is per 4 oz. for newspapers, and per 2

os. for other printed matter.

(b.) Prepayment is compulsory.

(c.) RegistraTION IN CHINA extends to Hoihow, Canton, Swatow, Amoy, Foochow, Ningpe, Shanghai, and

Hankow only.

(4) Cannot be sent to Countries not in the Postal Union.

Digitized by

Google

HONGKONG POSTAL GUIDE

Parcel Post.

99.-A Receipt will be given for each Parcel.

100.-TO THE UNITED KINGDOm and British Colonies, &c.:--

xxix

POSTAGE

TO

LIMIT OF

ZHOILS

FIRST EACH Subee

LIMIT OF HIZE.

PROHIBITKE CONTENTA.

quent

Ib.

lb.

#b.

cents, cents.

Hongkong, China, Siam,

11

5

2 ft. by 1 ft., by 1 ft.

Opium.

Japan, Corea,-

5

$

5

Do.

Cochin China, Cambodge, Tonkin, An-

11

5

Do.

Dam,

Straits Settlements, Burmah, Ceylon,

11

હા.

16

India t

British North Borneo,

11

5

5

Do., and not smaller than 3 in. by 2 in., by 2 in.

3 ft. 6 in. long, or 6

ft. in greatest length and girth combined

Do.

Explosive matter, letters,

liquids, opium.

Opium.

Malta,

Gibraltar,

. (Direct),..

do.

11

11

United Kingdom, viá Gibraltar only......... 11

Africa, West Coast, 4.

.(við London), 11

Ascension,

do.

11

Babamas,

do.

11

SK8 933

20

25

40

35

40

883 339

20

Do.

20

Do.

20

Do.

35

Do.

{}

Do.

Do.

Bermuda,

do.

11

40

35

Do.

British Guiana,

do.

11

40

30

Do.

British Honduras,

do.

11

do.

11

Cape Town,.

Cape Colony,

do.

Cyprus,

Egypt.

do. (Direct),.

Fiji,

35

40

46

45

90

Natal,

(via London), 11

Mombaam, Lazu (Br. East Africa) do.

New Zealand,

Newfoundland,

New South Wales,

(via Ceylon), 11

St. Helena, Tristan d'Acunha,(viá London), 11

45

11 45

do.

7

do.

11

do.

11

Tangier,

do.

置業

TEL.M.,

do.

11

Émuth Australia,

(via Ceylon),

Vistoria (Australia),

ja.

11

Western Australia

do.

11

Canada,

Post Darwin,

Windward and Leewardi

Is., + Barbados, Trinidad,

Jamaica, Turks' Is.,

.(Direct),..

11

(via London),

11

do.

7

do.

11 10

63 # 3* *** * *** $ 66 & $65 $8

30

35

40

26

90

45

90

45

40

40

40

40

40

30

80

30

80

35

83 9** * 89 9 888 8 988 88 8 93

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

80

Do.

30

Do.

Do.

30

Do

40

Do.

Letters.

30

Do.

Letters.

Do.

Letters,

vines, opium,

spirits, tobacco.

Do.

Letters.

30

Do.

Letters.

90

Do.

2 ft. by 1 ft., by 1 ft.

35

2 ft. long, or 4ft. in length

Letters.

and girth combined.

Mexico,

do.

11

45

35

Do.

Letters, liquids, lottery

tiekāts, circulars.

Arins.

T'barco, except for personal use, copyright books.

Specie or ostrich feathers. Dangerous articles, liquids (unless securely packed), contraband articles. Letters, jewellery, gold,

silver.

Counterfeit money, dutia- ble articles, spirits, cig- ar, snutt, tobacco, opium, ganje, charas, chang, cannabis indica.

Letters, plants, nuggets,

tobacco, tea.

Do.

Coins, tobacco.

Letters, arms, ammuni-

tion, liquida.

Letters, dangerous arti-

cles, liquids.

Letters, gold, silver, ost-

rich feathers, firearms. Letters, perishable goods,

liquids.

Letters.

Books copyright in the

United Kingdom.

Arms, munitions of war,

tobacco, opium pipes.

             Offers, víz: Aden, Bagdad, Bander Abas, Busrah, Bushire, Guædur, Jask, Kashınir, Linga, Muscat, Zanzibar, Atara, Bathhurst, Cape Coast Castle, Lagos, Quittah, Sierra Leone.

Antigos, Montserrat, 8. Kitts, Nevis, Dominica, Virgin Is. ; Grenada, S. I ucia, S. Vincent, Tobago.

1917o the United Kingdom and Places beyond.-Parcels are forwarded by P. & O.

only, and arrive in London about eight days later than the Mail. is made on delivery except for Customs Dues.

6/0 per lb,

Duties in the United Kingdom.

Tea.

Duties cannot be prepaid by the sender.

6d. per lb.

No further

Compensation not exceeding £1 under any circumstances will be paid in case of loss of or damage to a parce

ndad to, from, or through the United Kingdom.

102.-To India.-By P. & O. and Indian Mail packets only.

103.-To Australia.-By P. & O. packet viá Ceylon only, except Port Darwin direct

Digitized by

Google

XXX

HONGKONG POSTAL GUIDE

104.-Parcels for the United Kingdom may be insured at the following rates:--

C.

$

25 fee 20

50

40

76

60

$

C.

100 fee 125

80

1.00

150

1.20

..

$0.

175 fee 1.40 200

1.60

$

$ 0. 225 fee 1.80 250

2.00

"

105. TO THE Continent of EUROPE AND FOREIGN COUNTRIES.:

To

GERMAN PACKET. Direct.

BRITISH PACKET, rid London.

Prohibited CONTENTS.

0 to 2 mb.

2 to 7 m.

7 to 11 lb. 0 to 7 th. 0 to 11 tb.

$ c.

C.

C.

Algeria and Corsica, §

1.20

1.70

Argentine Republic, §

1.40

1.40

Austro-Hungary

1.10

1.60

1.20

Coins, arms, ammunition, medicines, plants, vines, gold, silver, jewellery, lace. Letters, vine plants, gold,

silver, jewellery,

Letters, lottery tickets.

Azores Is.,

1.40

1.90

Letters,

coins,

tobacco,

vines, plants.

Belgium,

1.00

1.50

2.00

1.20

Letters.

Beyrout,

..

0.00

1.60

2.30

Letters, firearins, tobacco.

Bosnia, Herzegovina & Novi

Bazar,

1.30

1.90

Letters,

foreign

lottery

Bulgaria,

1.40

1.90

Cameroona,

1.00

2.10

Chili, §

1.90

2.40

Colombia,

1.40

2.40

8.20

Congo Free State,

1.10

1.30

1.60

Constantinople,

0.70

1.50

2.20

Costa Rica,

1.30

2.20

3.00

Letters, arms.

Danish West Indies,

1.20

1.90

2.70

Denmark,

1.10

1.60

Finland, §

1.10

8.10

France,

1.00

1.50

1.20

1.20

French Colonies, ‡ §

1.70

2.20

French & Austrian Offices

1.40

1.90

in Turkey, §

Germany,

1.00

1.50

1.10

Greek Ports(vid Hamburg),§|

1.20

1.40

Heligoland,

1.00

1.50

Holland,

1.00

1.50

2.00

1.20

Italy § (vid France),

1.10

1.60

Luxemburg,

1.00

1.50

2.10

1.20

Madeira,

1.00

1.00

tickets, plants.

Letters, lottery

coins, arms, ammunition, t'bacco, plants, vines, drugs. |

Letters, liquids.

Letters, plants, armus and implements of war, artic- les injurious to health. Letters, liquids, arms.

Letters,

Firearms, tobacco, salt,

Letters.

Letters, lottery tickets, pro-

spectuses.

Letters, arms, spirits, coins, Letters, arms, ammunition, medicines, foreign bronze coins, plants, gold, silver. Letters, arms, ammunition, tobacco, plants, vines,

gold, silver, jewellery, lace. Letters, tobacco, salt, fire-

arms.

Letters, plants with roots, vines or parts of vines, socialistic books,

Letters, plants, dangerous

articles, liquids, gold, silver, jewellery.

Same as Germany.

Letters,

Letters, tobacco, vines

parts of vines, arms, che- mical compounds, rags. Letters.

Letters, coins,

tickets,

or

tobacco,

vines, plants.

Mauritius, **

1.20

1.50

Letters.

Norway,

1.00

1.60

2.00

1.50

Letters.

Portugal (via Lisbon),

1.20

1.70

Roumania,

1.30

1.80

Samoa and Tonga,

1.70

2.80

Servia,

1.30

1.80

Seychelles, **

1.20

1.50

Smyrna, **

0.70

1.50

2.20

Spain, §

1.20

1.70

Sweden,

1.00

1.70

Switzerland,

1.10

1.60

Tahiti, }

2.20

8.80

Uruguay,

1.60

1.60

§ Parcels must not exceed 2 ft, in length, or 4 ft, in length and girth combined.

coins, tobacco.

vines, plants.

Letters, plants(except seeds

and dried roots).

Same as Germany,

Letters, vines.

Letters, gold, silver, jewel-

lery.

Letters, materials for gun- powder, plants, arms, to- bacco.

Letters, arms, ammunition,

books, maps, planta, ro- saries, relics.

Letters, gold, silver, druga, Letters.

Letters, gold, silver, jewellary.

Letters, lottery tickets, li-

quids, vines.

↑ Diego Suarez, French Guiana, Guadeloupe, Martinique, Mayotte, New Caledonia, Nossi-Bé, Réunion, S. Marie

de Madagascar, Senegal, Tripoli, Tunis.

** Parcels must not exceed 3 feet 6 inches in length, or 6 feat in greatest length and girth combined.

1.50

Letters,

1.40

1.50

1.20

Digitized by

Google

HONGKONG POSTAL GUIDE

xxxi

106.-Parcels must not exceed 2 feet in length, breadth, or depth. Those intended for the German Packet must be so directed.

107. Each Parcel must be sealed in such a way as to render it impossible that it should be opened without detection. The sender must supply a declaration of the nature, value, and net weight of the contents, and of the gross weight of the Parcel.

108.-A small charge, not exceeding six cents, may be made for Custom House purposes on the delivery of the parcel. "Except Customs dues, this is the only charge the addressee will have to pay.

       109.-GENERAL RULES.-Parcels must be posted before 3 p.m. on the working day next before the departure of the Packet. A receipt will be given for each. A declara- tion of contents and Value is required, except for places the names of which are printed in Italics. The form is supplied free. Parcels may be sealed, but any Parcel, even though sealed, is liable to be opened for examination. Dangerous or perishable goods, opium, articles likely to injure the mails, liquids (unless securely packed), and fragile packages are prohibited. No parcel must exceed $250 in value. A Parcel may contain a letter to the same address as that of the Parcel itself (except in cases where enclosure of letters is prohibited) or another Parcel to that address, but no other enclosure. Declarations of Contents must be complete and accurate. Everything in the Parcel should be entered. False declarations expose the Parcel to the risk of confiscation.

Digitized by

Google

OFFICE RULES.

HONGKONG STAMP OFFICE

1.-Office hours, 10 to 3; Mail days, 10 to 5; Saturdays, 10 to 1.

    2.-Applications for Impressed Stamps must be made on requisition supplied gratis, whether the Stamps are to be paid for in cash, or are applied for in exchange for spoiled Stamps. The requisition in either case to be on a separate paper.

8.-Payment must be made on requisition.

4.-Requisitions will be executed as received.

6.-All documents and change should be examined before being removed. No question as to wrong counting or of weight or goodness of money will be entertained afterwards.

6.-Spoiled Stamps on unexecuted Instruments.

writing:

-Allowance will be made for Stamps upon Instruments spoiled by error in the

b. Or defaced by accident:

c.-Or rendered useless by unforeseen circumstances before completion. 7.-The claim for such Stamps must be made within Six Months after spoiling. 8.-Spoiled Stamps on executed Instruments.

a.-Allowance will be made for Stamps on Instruments found unfitted for the purpose originally intended by error therein:

b.-Or which cannot be completed in the form proposed because of the death of any person :

c. Or because of refusal of signature.

9.-Claims for Stamps on executed Instruments must be made within Six Months after signature, the substituted Deeds, if any, being produced duly stamped.

    10.-Stamps on Bills of Exchange or Promissory Notes when signed by the drawer or maker will be allowed if they have not been out of his hands, and have not been accepted or tendered for acceptance.

11.-Bills, &c., wherein any error has been made will be allowed though accepted or tendered for acceptance, provided the claimant produces the Bills substituted within Six Months after the date of the spoiled ones.

12.-Applications for allowances may be made on Tuesday or Friday from 11 to 3.

13.-No allowance for Spoiled Stamps is made on signed or partly signed Transfers of Shares.

14.-Documents spoiled in stamping will be destroyed, the applicants providing the addi- tional paper, &c.

15.-Stamps will be impressed upon any part of the Documents where practicable with security to the Revenue, a point to be decided by the Collector.

16.-Forms may be left at the Office to supply deficiencies in counting, or to replace those spoiled in stamping.

17.-All Impressed Stamps will be dated.

18.-No Bills of Exchange in sets will be stamped in which the words First and Second, or First, Second, and Third are left blank. The words, Second of the same tenor and date being unpaid, or the like, must also be wholly filled in on each one.

    DIGEST OF PENALTIES UNDER THE STAMP ORDINANCE, 1886 SECT. 6. For neglect to stamp sufficiently, and for negotiating, &c., insuffic- iently stamped documents

SECT. 6. For not obliterating Adhesive Stamp

SECT. 7.-For not drawing the whole number of which a set of Bills pur-

'ports to consist

SECT. 7.-For untrue statement under ad valorem stamp......

Not exceeding

$100

$500

SBCT. 10.-Penalties on stamping after execution, where there was no fraudulent intention :---

Within one month, double

Within two months, 10 times.

the deficient duty

After two months, 20 times..........

TABLE OF THE PRINCIPAL AD VALOREM DUTIES UNDER THE

Average STATEMENT

CHARTER PARTY

CONVEYANCE

LEASE-

One year

Three years

Thirty years.....

Over 30 years

STAMP ORDINANCE, 1886.

10 cents.

...10 30

10

***

...25

2322

"

"

50

75

+1

Per $100.

MORTGAGE

Transfer, &c. Reassignment

PROBATE

SERVANT'S SECURITY SETTLEMENT

TRANSFER OF SHARES

...10 cents.

5

i cont. $1.

..10 centa.

30

11

***

...10

"

Digitized by Google

Per $100.

SCHEDULE

LIST OF STtamp DutieS UNDER ORDinance No. 16 or 1886

Ion.-A document containing or relating to several distinct matters is to be separately and distinctly charged with

daty in respect of each of such matters. Any document liable to Stamp duty under more than one article of this Schedule shall be charged under that article which imposes the highest duty.

1.-ADJUDICATION as to the amount of stamp duty to be levied on any docu-} $1.

ment.......

2-ÅGRIEMENT, or any memorandum of an agreement, under band only,"

and not specially charged with any duty, whether the same be only evidence of a contract, or obligatory on the parties from its being a written instrument,

50 cents.

Nora. --- Agreements as to letting or tenancy are in all cases chargeable as leases. See articles 23 and 24. AGREEMENT or Contract accompanied with the deposit of Title Deeds to

any immovable property, or for securing the payment or repayment › See Mortgage, 26. of any money or stock

EXEMPTIONS.- Label, slip, or memorandum containing the heads of any Insurance to be effooted by means of a duly

stamped Policy or Risk Note.

Memorandum, letter, or agreement made for or relating to the sale of any goods, wares, or merchandise, or to the

sale of any shares in any public company, not being a Broker's note or document given by a Broker. Seaman's advance note, or memorandum, or agreement made between the master and mariners of any ship for

wages. --- Emigration Contract.-Passage Tioket.

3.-ÂRBITRATION AWARD............

-Articles of CLEBESHIF, or Contract whereby any person shall first be- }

come bound to serve as a clerk in order to his admission as an Attorney › $50. or Solicitor

ASSIGNMENT, by way of security, or of any security.

Upon a sale...................

6.-ATTESTED COPY of any Document chargeable with Stamp Duty under

this Schedule

Average STATEMENT..

.See Mortgage, 26.

.See Conveyance, 14.

} $1.

...See Bond, 10.

...2 cents.

6.-BANK CHEQUE payable on demand to any person, to bearer, or order. .....

7.-BANK NOTES, or other obligations for the payment of money issued by any Banker or Banking Company in the Colony for local circulation and payable to bearer on demand................

Two-thirds per cent, per annum on the average value of such notes in cir- culation. To be collected monthly on a statement thereof to be far- nished by each. Banker or Banking Company to the Collector of Stamp Revenue at the end of each month, and to be signed by the Banker, or Manager, or Agent, and Accountant of such Banker or Banking Company.

2 cents.

&-BILL OF EXCHANGE drawn out of but payable on demand within the

Colony, not being a Cheque, and bearing the date on which it was made j

• BILL OF EXCHANGE drawn out of and payable on demand out of the Colony, when negotiated within the Colony.......

BILL OF EXCHANGE of any other kind whatsoever except a Cheque or Bank Note and Promissory Note of any kind whatsoever except a Bank Note.

Prom

"

} 2 cents.

Free. 50.... 0 centa. 250.... 06

00 to

30

10..

"

D

350

$00

J

600.... 10

1,000... 30

1,000 " § 9,000.. 50

2,000

#

83,000.. $1.00. 3,000. $,000.. $1.40. $,000 $10,000.... $2.00. 10,000 . $14,000.. $8.00. Every 85,000 additional or

-80.54. part thereof...

Norn 1.-A Bill of Exchange for exactly $50 is to be charged 2 cents, and so throughout the table. Nors 2. -When Bills of Exchange or other such documents are drawn in sets of two or more, half the above duties to be charged on each part of a set. If the Duty be 5 cents the first part of the set shall be charged 3 cents, and the other parts 2 cents each.

Nors 3-In the case of Bills in sets drawn out of the Colony, the whole duty shall be payable on that part of the set which is first presented for payment or acceptance, or is first otherwise negotiated, the other parts of the set being free.

BILL OF LADING, or ship's receipt where bills of lading are not used, for} 10 cents.

each part of every set

         EXEMPTION,- Bill of Lading for goods shipped by any Government Offeer on account of Government. 10.-BOND, or other obligation concerning RESPONDENTIA AND BOT-) 10 cents for every

TOMEY, and Average Statement, or Bond where no statement is drawn up..

$100 or part thereof.

BoxD for securing the payment or repayment of money not otherwise pro-

vided for, or for the transfer or re-transfer of stock, or accompanying › See Mortgage, 26. the deposit of Title Deeds to any immovable property. BOND.........

11.-BROKER'S NOTE, or any document having reference to the sale or

purchase of any merchandise, given by any Broker...

12-CHARTER PARTY, or any Agreement or Contract for the charter or hiring of any ses-going ship or vessel, to be charged on the estimated freight.....

See also Articles 4,

20, 21, 33.

50 cents.

10 cents for every $100 or part thereof.

• Order in Council of April 7th, 1887.

Digitized by

Google

xxxiv

13.-Copy Charter-

LIST OF STAMP DUTIES

Vessel under 200 tons, each copy.

            over 200 COLLATERAL SECURITY

13

|

$1. $2.

Šee Mortgage, 26. See Agreement, 2.

30 cents .or every $100 or part

thereof.

CONTRACT. 14.-CONVEYANCE or Assignment on sale, to be levied on the amount or value of the consideration money, such consideration money to in- clude any sum payable by the purchaser in respect of any mortgage or other debt remaining upon the property purchased, or released by such purchaser to the vendor. (See also Article 17). EXEMPTION.Transfer by mere endorsement of a duly stamped Bill of Exchange, Promissory Note, or other negotiable

       Instrument, or of a Bill of Lading. Bill of Sale for Chinese Junk. 15.-COPARTNERSHIP, Deed or other instrument of 16.-DECLARATION OF TRUST

$2.

$10.

$25.

17.-DEED or other instrument of Gift, assignment, or exchange, where no

? money consideration, or a merely nominal money consideration, passes * DEED of Assignment where no money consideration or a merely nominal

money consideration passes and where such Deed is merely confirmatory › $10. of an Assignment on which the full conveyance duty has been paid.... Norz.-The Collector of Stamp Revenue shall, unless the two deeds referred to in the foregoing paragraph are comprised in one and the same document, denote by an entry under his hand made upon the Deed stamped with the $10 duty, that the full conveyance duty (if more than $10) has been paid upon the other.

DEPOSIT of Title Deeds

18.-DUPLICATE or Counterpart of any Document chargeable with duty under this Schedule, to be affixed on the production of the original Document bearing its proper Stamp, and not otherwise. If the original duty is-

Under $1...

From $1 to $10

.See Mortgage, 26.

.Same duty.

1.

"

$10 to $20.....

Over $20...

*

$2.

$3.

Nor.--The duplicate or counterpart ‹ f any instrument chargeable with duty is not to be deemed duly stamped unless it appears by some entry made by the Collector or by some stamp impressed thereon that the full and proper duty has been paid u on the original instrument of whích it is a duplicate or counterpart or unless it is stamped as an original instrument. 19.-EMIGRATION FEES, under the Emigration Consolidation Ordinance, 1874-

Application for a certificate

Certificate...

EQUITABLE Charge......

$1.

$1.

See Mortgage, 26.

}

20.-FOREIGN Attachment Bond, in the Supreme Court, either Jurisdic- Į $1 for every $100 or

tion.....

GUARANTEE

part thereof. See Agreement, 2.

$10.

21.-Every INSTRUMENT in writing UNDER SEAL, not otherwise specially

charged with duty under this Schedule..... Nors. The impressions of Chinese names, shop names, or trading names, commonly called chops shall not be taken

to be seals within the meaning of this Article.

22.-LEASE or agreement for a Lease, made for a term of years, or for

a period determinable with one or more life or lives or otherwise (30 cents for every contingent, in consideration of a sum of money paid in the way of premium, fine, or the like, if without rent

$100 or part there- of.

23.-LEASE, executed in pursuance of a duly stamped agreement for the same...$1. 24.-LEASE or Agreement for a Lease of any Land, House, Building or Tenement, at a rent, without payment of any sum of money by way of fine or premium, to be levied on the Annual Rent, for a term not ex-

ceeding :-

One year

*

.10 cents. › For every ...25 .60

$100 or

.76

影像

Three years

Thirty years

Exceeding thirty years

part thereof.

NOTE.-When both rent is paid and there is a fine or premium, the duty is to be the total of that due under both articles

22 & 24. EXEMPTION,-All rentals under $50 per annum.

25.-LETTER or other instrument of HYPOTHECATION accompanying deposit of documents of title to any moveable property, or bond, or other instrument of guarantee in respect of such property or documents of title

Beferring to part- icular property, $1. (Duplicate, 10 cente.

Duplicate $3.

LETTER OF GUARANTER................................................ 26.-MORTGAGE, or Agreement for a Mortgage, Bond, Debenture, Covenant, Warrant of Attorney to confess and enter up judgment, and Foreign security of any kind not specially charged with duty under this Sche- dule, to be levied on the amount or value of the principal sum secured.

• Order in Council of 8th October, 1986. ̧

See Agreement, 2.

Digitized by

Google

LIST OF STAMP DUTIES

XXXV

3 cents for every $100 or part thereof.

(i.) Being the only, or principal, or primary security, and also where ? 10 cents for every any further money is added to the money already secured... $100 or part thereof. (ii) Being a collateral or anxiliary or additional or substituted security, other than a Mortgage executed pursuant to a duly stamped agreement for the same, or by way of further assurance for the above-mentioned purpose where the principal or primary security is duly stainped, and for every extension of the time of an Original Mortgage endorsed on such Mortgage.... (iii.) Transfer, assigument, disposition or assignation of any Mort- gage Bond, Debenture, Covenant, or Foreign security, or of any money or stock secured by any such instrument, or by any War- rant of Attorney to enter up Judgment, or by any Judgment; to be levied on the amount transferred.. (iv.) Reassignment, release, discharge, surrender, resurrender, warrant to vacate, or renunciation of any such security as aforesaid, or of the benefit thereof, or of the money thereby secured... (v.) Mortgage executed in pursuance of a duly stamped agreement for same 27-Any NOTARIAL ACT whatsoever not otherwise charged with duty in this Schedule 28.-NOTE Of Protest by any Commander or Master of a vessel, or with

         regard to any Promissory Note or Bill of Exchange 29.-POLICY or Risk Note of Marine, Fire, Life or other Insurance, for?

each copy, and every renewal.

30.-POWER OF ATTORNEY

1 cent for every $100

or part thereof.

25 cents.

10 cents.

$2.

part thereof.

$1.

.$1.

31.-PROBATE, or Letters of Administration, with or without the Will】

annexed, to be calculated upon the value of the Estate and Effects | 31 for every $100 or for or in respect of which such Probate or Letters of Administration shall be granted, exclusive of what the deceased shall have been possessed of, or entitled to as a Trustee for any other person or persons and not beneficially...

EXEMPTION.- Administration Bonds, and Estates under $250. BRASSIGNMENT ....

32-RECEIPT or Discharge given for the payment of money, or in acquittal'

See Mortgage, 26.

of a debt paid in money or otherwise, when the sum received, dia- { 2 cents. charged, or acquitted exceeds $10

EXEMPTIONS.-Letter acknowledging the arrival of a Currency or Promissory Note, Bill of Exchange, or any security for money, Receipt or Debit Note for the Premium on a duly stamped Policy of Insurance. Receipt given by any officer or soldier of Her Majesty's forces stationed in the Colony for money paid out of Imperial Revenue.

Mortgage, see Ar- ticle 26, i. & ii.

$3.-SERVANT'S SECURITY BOND. Any Instrument in writing under seal by which any domestic or other Servant or Clerk or Compradore shall give security for the due discharge of his duties, or of the duties of other persons to be employed by him, or for the safe custody of money or property to be entrusted to him, or for the proper carrying [The same duty as a on of business to be conducted by him, or for the discharge of his responsibilities arising from such business, whether such security shall be given by the binding of other persons, or by the deposit of money or valuable property or by deposit of the Title Deeds to any property or by any assignment...... 34-SETTLEMENT. Any instrument, whether voluntary or upon any]

good or valuable consideration, other than a bond fide pecuniary consideration, whereby any definite and certain principal sum of money (whether charged or chargeable on lands or not. or to be laid out in the purchase of lands or not) or any definite and certain amount of stock, or any security, is settled or agreed to be settled in any manner whatsoever EXEMPTION.-Instrument of appointment relating to any property in favour of persons especially named or described as the objects of a power of appointment created by a previous Settlement stamped with ad valorem duty in respect of the same property, or by will, where probate duty has been paid in respect of the same property as personal estate of the testator.

30

cents for every $100 or part there- of of the amount or value of the property settled or agreed to be settled.

35.-SETTLEMENT executed in pursuance of a duly stamped agreement for the same...$1. 36.-TRANSFER OF SHARES or stock in any public company, to be computed) 10 cents for every

on the market value of such shares on theday of stamping, which, if doubt arises, the collector shall decide subject to Section 15 of this Ordinance. (ii.)-Transfer for a nominal amount, to be approved by the Collector...$1. EXEMPTION.-Scrip Certificate.

General EXEMPTIONS.

$100 or part thereof.

        Any Document made or executed by or on behalf of Her Majesty or of any Department of Her Majesty's Service, or whereby say property or interest is transferred to, or any contract of any kind whatsoever is made with Her Majesty or any person for or sa behalf of Her Majesty or any such Department as aforesaid.

Bat this exemption does not extend to any Document executed by the Registrar of the Supreme Court as Official Admini- strator or by a Bsceiver appointed by any Court, or to any Document rendered necessary by any Ordinance or by the order of say Court; neither does it extend to a sale made for the recovery of an arrear of Revenue or Rent, or in satisfaction of a Decres er Order of Court, in any of which cases the purchaser shall be required to pay the amount of the requisite Stamp in addition to the purchase mone",

Digitized by

Google

LEGALISED TARIFF OF FARES FOR CHAIRS, JINRICKSHAS, BOATS, AND COOLIES IN THE COLONY OF HONGKONG, &c., &c.

CHAIRS.

I.-In Victoria, with two bearers. -Half hour, 10 cents; One hour, 20 cents; Three hours, 50 cents; Six hours, 70 cents; Day (6 A.M. to 6 P.M.) $1. If the trip is extended beyond Victoria, half fare extra. II.-Beyond Victoria, with four bearers.-Hour, 60 cents; Three hours, $1.00; Six hours, $1.50; Day

(6 A.M. to 6 P.M.), $2.00.

III.-In the Hill Districts, with two bearers.-Half hour, 15 cents; One hour, 30 cents; Three hours, 75 cents; Six hours, $1.00; Day (6 a.m. to 6 P.M.), $1.50. With four bearers.-One hour, 60 cents; Three hours, $1.00; Six hours, $1.50; Day (6 A.M. to 6 P.M.), $2.00.

JINRICKSHAS. (With single drawer).

Quarter hour, 5 cents; Half hour, 10 cents; Hour, 15 cents; Every subsequent hour, 10 cents.

NOTE-Victoria extends from Mount Davis to Causeway Bay and up to the level of Robinson Road. If the vehicle is discharged beyond these limits half fare extra is to be allowed for the return journey. Extra bearers or drivers and extra hours to be paid proportionate sums.

OMNIBUSES.

From 8laughter-House to Sailors' Home, 5 cents; Sailors' Home to Government Civil Hospital, 5 cents; Government Civil Hospital to lock Tower, 5 cents; Clo k Tower to Wanchai Market, 5 cents; Clock Tower to Race Course, 10 cents; Clock Tower to Bay View Hou-e, 10 cents; Wanchai Market to Bay View House, 5 cents; Bay View House to Quarry Bay, 10 cents; and Quarry Bay to Shau Ki Wan, 10 cents.

Cargo BoaTS.

1st Class Cargo Boat of 800 piculs and upwarda 2nd Class Cargo Boat under 800 and not less than 450 piculs 3rd Class Cargo Boat under 450 and not less than 100 piculs 4th Class Cargo Boat under 100 piculs

ROWING Boats.

  1st Class Boat upwards of 40 feet in length, per day of 12 hours 2nd Class Boats from 30 to 40 feet in length, per day of 12 hours All other Boats, per day of 12 hours

All Boats, per hour with 2 passengers

All Boats, per half hour with 2 passengers

per day. per load.

$10.00

$5.00

5.00

3.00

3.00

2.00

1.50

1.00

$2.00

1.50

1.00

0.20

0.10

For each extra passenger 5 cents for half-an-hour, 10 cents per hour. Between sunset and sunrise 5 cents extra per passenger.

SCALE OF HIRE FOR STREET COOLIES.

One day, 33 cents; Half-day, 20 cents; Three hours, 12 cents; One hour, 5 cents; Half-hour, 3 cents. Nothing in the above scale is to affect private agreements.

FIRE SIGNALS ON SHORE, HONGKONG.

1st.-Quick alarm Bell for 5 minutes. 1 Stroke for Eastern district, East of Murray Barracks 2 Strokes, Central district from Murray Barracks to the Harbour Office. 8 Strokes, Western district

HONGKONG OB-ERVATORY METEOROLOGICAL SIGNALS AND STORM-WARNINGS.

METEOROLOgical SignALS.

Meteorological signals are hoisted on the mast beside the time-ball at Kowloon Point (and respected on the Victor Emanuel) for the information of masters of vessels leaving the port. They do not imply that bad weather is expected here.

A Drum indicates a typhoon to the east of the Colony,

A Ball indicates a typhoon to the west of the Colony.

A Cone pointing upwards ndicates a typhoon to the north of the Colony.

A Cone pointing downwards indicates a typh on to the south of the Colony.

Red signals indicate that the centre is believed to be more than 300 miles away from the Colony. Black signals indicate that the centre is believed to be less than 300 miles away from the Colony.

NIGHT SIGNALS.

Two Lanterns hoisted Vertically indicate bad weather in the Colony and that the wind is expected

to veer.

Two Lanterns hoisted Horizontally indicate bad weather in the Colony and that the wind is expected to back.

LOCAL STORM-WARNINGS.

    The Colony itself is warned of approaching typhoons by means of the typhoon-gun placed at the foot of the mast.

One round is fired wh never a strong gale of wind is expected to blow here.

Two rounds are fired when a typhoon is expected here.

Three rounds are fired whenever the wind is expected to shift suddenly during a typhoon.

Digitized by

Google

TREATIES, CODES, &c.

Digitized by

*

Google

Digitized by

Google

TREATIES WITH CHINA

GREAT BRITAIN

TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA

SIGNED, IN THE English and Chinese Languages, at Nanking,

29th August, 1842

Ratifications Exchanged at Hongkong, 26th June, 1843

       Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, being desirous of putting an end to the misunderstandings and consequent hostilities which have arisen between the two countries, have resolved to conclude a treaty for that purpose, and have therefore named as their Plenipotentiaries, that is to say: Her Majesty the Queen of Great Britain and Ireland, Sir Henry Pottinger, Bart., a Major-General in the Service of the East India Company, &c.; and His Imperial Majesty the Emperor of China, the High Commissioners Ke-ving, a Member of the Imperial House, a Guardi∙n of the Crown Prince, and General of the Garrison of Cnton': and Ilipoo, of the Imperial Kindred, graciously permitted to wear the insignia of the first rank, and the distinc- tion of a peacock's' feather, lately Minister and Gover oʻ-Gene al, &c., and now Lieut.-Geneal commanding at Chapoo-Who, after having communicated to each other the re-pective full powers, and found them to be in good and due form, have igeed upon and concluded the following Aticles:-

       Art. I.--There shall henceforwa d be peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britan and I eland and His Majesty the Emperor of China, and between their respective subjects, who shall enjoy full secu ity and protection for their persons and property within the dominions of the other.

       Art. II.-His Majesty the Emper of China agrees that British suljects, with their families and establishments, shall be allowed to reside, for the purpose of ca∙ry- ing on their mercant le pur-uit, without mole-tation or rest aint, at the cities and towns of Canton, Amoy, Foocbow-foo, Ningpo, and Shanghai; and Her Majesty the Queen of Great Britain, &c, will appoint superintendents, or consular officers, to reside at each of the above-named cities or towns, to be the medium of communication between the Chinese authorities and the said mercha ts, and to see that the just dut es and other dues of the Chinese Goverment, as here nafter provided for, are duly discha ged by Her Br tann o Majesty's subje ts.

Art. III.-It bei g obviou-ly necessary and de-irable that British subjects should have some port whereat they may (areen and refit their ships when required, and keep stones for that purpose, His Majesty the Emperor of China cedes to Her Majesty the Queen of Great Britain, &c., the Island of Hongkong to be possessed in perpetuity by Her Britannic Maje ty, her he'rs, and successors, and to be gove ned y such laws and regulat ons as Her Majesty the Queen of Great Britain, &c., shall see fit to di ect.

Ait. IV. The Emperor of Ch na agrees to pay the sum of six millions of dollars, is the value of the opium which was delivered up at Canton in the month of Ma ch, 1839, as a ransom for the lives of Her Britannic Maj sty's Superintendent and sub- jects who had been imprisoned and threatened with death by the Chinese high officers.

At. V.-The Government of China having compelled the British me chants trading at Canton to deal exclusively with certain Chinese merchant-, called Hong merchants (or Co-Hong), who had been licensed by the Chinese Government for this purpose, the Emperor of China ag ees to abolish that practice in future at all ports where British mer bants may reside, and to permit them to carry on their mercantile transactions with whatever persons they please; and His Imperial Majesty further agrees to pay to the British Gove nment the sum of three millions of dollars, on account of debts due

1

Digitized by

Google

NANKING TREATY, 1842

to British subjects by some of the said Hong merchants, or Co-Hong, who have become insolvent, and who owe very large sums of money to subjects of Her Britannic Majesty.

Art. VI.-The Government of Her Britannic Mj sty having been obliged to send out an expedition to demand and obtain redress for the violent and unjust proceedings of the Chinese high authorities towards Her Bitannic Majesty's officers and subjects, the Emperor of China agrees to pay the sum of twelve millions of dollars, on account of expenses incurred; and Her Britannic Majes.y's plenipotentiary voluntarily agrees, on behalf of Her Majesty, to deduct from the said amount of twelve millions of

   ·dollars, any sums which may have been received by Her Majesty's combined forces, as ransom for cities and towus in China, subsequent to the 1st day of August, 1841.

    Art. VII.-It is agreed that the total amount of twenty-one millions of dollars, described in the three preceding articles, shall be paid as follows:----

Six millions immediately.

Six millions in 1843; that is, three millions on or before the 30th June, and

three millions on or before the 31st of December.

Five millions in 1884; that is, two millions and a half on or before the 30th of

June, and two millions and a half on or before the 31st of December.

Four millions in 1845, that is, two millions on or before 30th of June, and

two millions on or before the 31st of December.

And it is further stipulated, that interest, at the rate of 5 per cent. per annum, shall be paid by the Government of China on any portion of the above sums that are not punctually discharged at the periods fixed.

Art. VIII.-The Emperor of China agrees to release, unconditionally, all subjects of Her Britannic Majesty (whether natives of Europe or India), who may be in con- finement at this moment in any part of the Chinese Empire.

Art. IX. The Emperor of China agrees to publish and promulgate, under his imperial sign manual and seal, a full and entire amnesty and act of indemnity to all subjects of China, on account of their having resided under, or having had dealings and intercourse with, or having entered the service of Her Britannic Majesty, or of Her Majesty's officers; and His Imperial Majesty further engages to release all Chinese subjects who may be at this moment in confinement for similar reasons.

>

Art. X.-His Majesty the Emperor of China agrees to establish at all the ports which are, by Article II. of this treaty, to be thrown open for the resort of British merchants, a fair and regular tariff of export and import customs and other dues, which tariff shall be publicly notified and promulgated for general information and the Emperor further engages that, when British merchandise shall have once paid at any of the said ports the regulated cus.oms and dues, agreeable to the tariff to be hereafter fixed, such merchandise may be conveyed by Chinese merchants to any province or city in the interior of the empire of China, on paying a further amount as transit duties, which shall not exceed- -per cent. on the tariff value of such goods.

Art. XI-It is agreed that Her Britannic Majesty's chief high officer in China shall correspond with the Chinese high officers, both at the capital and in the provinces, under the term "communication;" the subordinate British officers and Chinese high officers in the provinces under the term "statement," on the part of the former, and on the part of the latter, "declaration," and the subordinates of both countries on a footing of perfect equality; merchants and others not holding official situations, and therefore not included in the above, on both sides to use the term "representation in all papers addressed to, or intended for, the notice of the respective govern-

ments.

#

Art. XII.-On the assent of the Emperor of China to this treaty being received and the discharge of the first instalment of money, Her Britannic Majesty's forces will retire from Nauking and the Grand Canal, and will no longer molest or stop the trade of China. The military post at Chinhae will also be withdrawn; but the island of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty's forces until the money payments, and the arrangements for opening the ports to Britisfa merchants, be completed.

Digitized by

Google

TIENTSIN TREATY, 1858

       Art. XIII.-The ratifications of this treaty by Her Majesty the Queen of Great Britain, &c., and His Majesty the Emperor of China, shall be exchanged as soon as the great distance which separates England from China will adınit, but, in the meantime, counterpart copies of it, signed and sealed by the plenipotentiaries on behalf of their respective sovereigns, shall be mutually delivered and all its provisions and arrangements shall take effect.

Done at Nanking, and signed and sealed by the plenipotentiaries on board Her Britannic Majesty's ship Cornwallis, this 29th day of August, 1842; corresponding with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second year of Taou Kwang.

HENRY POTTINGER,

Her Majesty's Plenipotentiary.

And signed by the seals of four Chinese Commissioners.

TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION,

BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA

Signed, in the English and Chinese Languages, at Tientsin, 26th June, 1858

Ratifications Exchanged at Peking, 24th October, 1860

Her Maj sty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, being desirous to put an end tɔ the existing misunderstanding between the two countries and to place their relations on a more satisfactory footing in future, have resolved to proceed to a revision and improvement of the Treaties existing between them; and, for that purpose, have named as thir Plenipotentiaries, that is to say:

      Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of the Thistle ;

And His Majesty the Emperor of Chiun, the High Commissioner Kweiling, a Senior Chief Secretary of State, styled of the East Cabinet, Captain-General of the Plain White Banner of the Manchu Banner Force, Superintendent-General of the Administration of Criminal Law; and Hwashana, one of His Imperial Majesty's Expositors of the Classics, Manchu President of the office for the regulation of the Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese Banner Force, and Visitor of the Office of Interpretation:

Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles :-

Art. I.-The treaty of Peace and Amity between the two Latious signed at Nanking on the twenty-ninth day of Angust, in the year eighteen hundred and forty- two, is hereby renewed and confirmed.

      The Supplementary Treaty and General Regulations of Trade having been smended and improved, and the substance of their provisions having been incorpor- ated in this Treaty, the said Supplementary Treaty and General Regulations of Trade are hereby abrogated.

Art. IL-For the better preservation of harmony in future, Her Majesty the Queen of Great Britain and His Majesty the Emperor of China mutually agree that, in accordance with the universal practice of great and friendly nations, Her Majesty the Queen may, if she see fit, appoint Ambassadors, Ministers, or other Diplomatie Agus to the Court of Peking; and His Majesty the Emperor of China may, in like. ner, if he see fit, appoint Ambassadors, Ministers, or other Diplomatic Agunta,

Court of St. James.

Digitized by

Google

TIENTSIN TREATY, 1858

Art. III. His Majesty the Emperor of China hereby agrees that the Ambassador, Minister, or other Diplomatic agent, so appointed by Her Majesty the Queen of Great Britain, may reside, with his family and establishment, permanently at the capital, or may visit i: occasionally at the option of the British Government. Ho shall not be called upon to perform any ceremony derogatory to him as representing the Sovereign of an independent nation on a footing of equality with that of China. On the other hand, he shall use the same forms of ceremony and respect to His Majesty the Emperor as are employed by the Ambassadors, Ministers, or Diplomatic Agents of Her Majesty towards the Sovereigns of independent and equal European

nations.

It is further agreed, that Her Majesty's Government may acquire at Peking a site for building, or may hire houses for the accommodation of Her Majesty's Mission, and the Chinese Government will assist it in so doing.

Her Majesty's Representative shall be at liberty to choose his own servants and attendants, who shall not be subject to any kind of molestation whatever.

Any person guilty of disrespect or violence to Her Majesty's Representative, or to any member of his family or establishment, in deed or word, shall be severely punished. Art. IV.--It is further agreed that no obstacle or difficulty shall be made to the free movements of Her Maj sty's Representative, and that he and the persons of his suite may come and go, and travel at their pleasure. He shall, moreover, have full liberty to send and receive his correspondence to and from any point on the sea-coast that he may select, and his letters and effects shall be held sacred and inviolable. He may employ, for their transmission, special couriers, who shall meet with the same protection and facilities for travelling as the persons employed in carrying despatches for the Imperial Government; and, general y, he shall enjoy the same privileges as are accorded to officers of the same rank by the usage and consent of Western nations. All expenses attending the Diplomatic Mission of Great Britain shall be borne by the Brit sh Government.

Art. V. His Majesty the Emperor of China agrees to nominate one of the Secretaries of State, or a President of one of the Boards, as the high officer with whom the Ambassador, Mini-ter, or other Diplomatic Agent of Her Majesty the Queen shall transact business, either personally or in writing, on a footing of perfect equality..

Art. VI.-Her Majesty the Queen of Great Britain agrees that the privileges hereby secured shall be enjoyed in her dominicns by the Ambassador, Minister, or Diplomatic Agent of the Emperor of China, accredited to the Court of Her Majesty.

Art. VII.-Her Majesty the Queen may appoint one or more Consuls in the dominions of the Emperor of China; and such Consul or Consuls shall be at liberty to reside in any of the open ports or cities of China as Her Majesty the Queen may consider most expedient for the interests of British commerce. They shall be treated with due respect by the Chinese authorities, and enjoy the same privileges and immunities as the Consular Officers of the most favoured nation.

     Consuls and Vice-Consuls in charge shall rank with intendants of Circuit; Vice- Consuls, Acting Vice-Consuls, and Interpreters, with Prefects. They shall have access to the official residences of these officers, and communicate with them, either personally or in writing, on a footing of equality, as the interests of the public service may require.

Art. VIII. The Christian religion, as professed by Protestants or Roman Catholics, inculcates the practice of virtue, and teaches man to do as he would be done by. Persons teaching it or professing it, therefore, shall alike be entitled to the protection of the Chinese authorities, nor shall any such, peaceably pursuing their calling and not offending against the laws, be persecuted or interfered with.

    Art. IX.-British subjects are hereby authorised to travel, for their pleasure or for purposes of trade, to all parts of the interior under passports which will be issued by their Consuls, and countersigned by the local authorities. These passports, if demanded, must be produced for examination in the localities passed through. If the passport be not irregular, the bearer will be allowed to proceed, and no opposition shall be offered to his hiring persons, or hiring vessels for the carriage of his baggage or merchandise. If he be without a passport, or if he commit any offence against the

Digitized by Google

TIENTSIN TREATY, 1858

7

law, be shall be handed over to the nearest Consul for punishment, but he must not be subject to any ill-usage in excess of necessary restraint. No passport need be applied for by persons going on excussions from the ports open to trade to a distance not exceeding 100 li, and for a period not exceeding five days.

The provisions of this Article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the Consul and the local authorities.

      To Nanking, and other cities, disturbed by persons in arms against the Govern- ment, no pass shall be given, until they shall have been recaptured.

Art. X.-British merchant ships shall have authority to trade upon the Great River (Yangtsze). The Upper and Lower Valley of the river being, however, disturbed by outlaws, no port shall be for the present opened to trade, with the exception of Chinkiang, which shall be opened in a year from the date of the signing of this Treaty.

So soon as peace shall have been restored, British vessels shall also be admitted to trade at such ports as far as Hankow, not exceeding three in number, as the British Minister, after consultation with the Chinese Secretary of State, may determine shall be ports of entry and discharge.

Art. XI. In addition to the cities and towns of Canton, Amoy, Foochow, Ningpo and Shanghai, opened by the Treaty of Nanking, it is agree that British subjects may frequent the cities and ports of Newchwang, Tang how (Chefoo), Taiwan (Formosa), Chao-chow (Swatow), and Kiung-chow (Hainan).

They are permitted to carry on trade with whomsoever they please, and to proceed

to and fro at pleasure with their vessels ani merchandise.

They shall enjoy the same privileges, advantages, and immunities at the said towns and ports as they enjoy at the ports already opene to trade, including the right of residence, buying or renting houses, of leasing land therein, and of building churches, hospitals, and cemeteries.

Art. XII.-British subjects, whether at the ports or at other places, desiring to build or open houses, warehouses, churches, hospitals, or burial grounds shall make their agreement for the land or buildings they require, at the rates prevailing among the people, equitably and without exaction on either side.

      Art. XIII.-The Chinese Government will place no restrictions whatever upon the employment, by British subjects, of Chinese subjects, in any lawful capacity.

Art. XIV.-British subjects may hire whatever boats they please for the transport of goods or passengers, and the sum to be paid for such boats shall be settled between the parties themselves, without the interference of the Chinese Government. The number of these boats shall not be limited, nor shall a monopoly in respect either of the boats or of the porters or coolies engaged in carrying the goods be granted to any parties. If any smuggling takes place in them the offenders will, of course, be punished according to law.

Art. XV.-All questions in regard to rights whether of property or person, arising between British subjects, shall be subject to the jurisdiction of the British authorities. Art. XVL-Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by the Chinese authorities according to the laws of China.

British subjects who may commit any crime in China, shall be tried and punished the Consul, or other public functionary authorised thereto, according to the laws of Great Britain..

Justice shall be equitably and impartially administered on both sides.

Art. XVII.-A British subject, having reason to complain of Chinese, must proceed to the Consulate, and state his grievance. The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if Chinese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the Chinese authorities, that they may together examine into the merits of the case, and decide it equitably.

Digitized by

Google

TIENTSIN TREATY, 1858

Art. XVIII.-The Chinese authorities shall at all times afford the fullest protection to the persons and property of British subjects, whenever these shall have been subjected to insult or violence. In all cases of incendiarism or robbery, the local authorities shall at once take the necessary steps for the recovery of the stolen property, the suppression of disorder, and the arrest of the guilty parties, whom they will punish aording to law.

Art. XIX.-If any Bitish merchant-vessel, while within Chinese waters, be plundered by robbers or pirates, it shall be the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers or pirates and to recover the stolen property, that it may be handed over to the Consul for restoration to the

owner.

    Art. XX. If any British vessel be at any time wrecked or stranded on the coast of China, or be compelled to take refuge in any port within the dominions of the Emperor of China, the Chinese authorities, on being apprise of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment and shall be furnished, if necessary, with the means of conveyance to the nearest Consular station.

Art. XXI.--If criminals, subjects of China, shall take refuge in Hongkong or on board the British ships there, they shall, upon due requisition by the Chinese authorities, be searched for, and, on proof of their guilt, be delivered up.

     In like manner, if Chinese offenders take refuge in the hous ́s or on board the vessels of B itish subjects at the open ports, they shall not be harboured or concealed, but shall be delivered up, on due requisition by the Chinese authorities, addressed to the British Consul.

     Art. XXII.-Should any Chincse subject fail to di charge debts incured to a British subject, or should he fraudulently abscond, the Chinese autho ities will do their utmost to effect bis arrest, and en ̊o ce recovery of the debts. The B itish authorities will likewise do their utmost to bing to justice any British subject faudulently absconding or failing to "ischa ge debts incurred by him to a Chinese subje t.

    Art. XXIII. Should natives of China who may repair to Hongkong to trade incur debts there, the recovery of such debts must be arranged for by the English Court of Justice on the spot: but should the Chinese debtor abscond, and be known to have property real or personal within the Chinese territory, it shall be the duty of the Chiese authorities, o application by, and in concert with, the British Consul, to do thei utmost to see justice done between the parties.

1

Art. XXIV.-It is agreed that British subjects shall pay, on all mer handise import d or exported by them, the duties prescribed by the tariff; but in no case shall they be called upon to pay other or higher duties than are required of the subjects of any other foreign nation.

Art. XXV.-Import dut es shall be considere 1 payable on the landing of the goods, and duties of ·xport on the shipm nt of the same.

1

Art. XXVI.-Whereas the tariff fixed by Article X. of the Treaty of Nanking, and which was estimated so as to impose on imports and exports a duty of about the ate of five per cent. ad valorem, has been found, by reason of the fall in value of various articles of mer handise therein numerated, to impose a duty upon these considerably in excess of the rate o iginally assumed, as above, to be a fair rate, it is agreed that the said tariff shall be revised, and that as soon as the Treaty shall have been signed, application shall be mad to the Empe or of China to depute a high officer of the Board of Revenue to meet, at Shanghai, office s to be deputed on behalf of the British Government, to consider its revision to ether, so that the tariff, as revised, may come in'o ope ation immediately after the a'ification of this Treaty.

Art. XXVII-It is agreed that either of the high contracting parties to this Teaty may demand a further revision of the tariff, and of the Comme cial Articles of this Teaty, at the end of ten years; but if no demand be made on either side within six months after the end of the first ten years, then the tariff shall remain in force for ten years more, reckoned from the end of the preceding ten year-, and so it shall be at the end of each successive ten years.

Digitized by

Google

TIENTSIN TREATY, 1858

A1t. XXVIIL-Whe eas it was agreed in Article X. of the Treaty of Nanking that British imports, having paid the ta: iff duties, should be conveye I into the interior, free of all fu ther cha ges, except a transit duty, the amount whereof wa- not to exceed a certain percentage on tariff value; ad whereas, no accurate information having been fu nished of the amount of such duty, British me-chants have constantly complained that charges are suddenly and arbitrarily impo ed by the provincial authorities as transit duties upon produce on its way to the foreign market, and on imports on their way into the interior, to the detriment of trade; it is agreed that within four months from the signing of this Treaty, at all po ts now open to British trade, and within a similar pe icd at all ports that may be eafter be opened, the authority appointed to superintend the collection of duties shall be obliged, upon application of the Consul, to declare the amount of dut es leviable on p o luce between the place of production and the port of shipment, upon imports between the Con ular pot in que tion and the inland markets nained by the Con-ul; and that a notification thereof shall be published in English and Chine e for general information.

       But it shall be at the option of any British subject desi∙ing to convey produce purcha-ed inland to a port, or to convey impo t" from a post to an inland market, to clear his goods of all transit duties, by payment of a single charge. The amount of this cl.arge

>hall be leviable on exports at the first barrier they may have to pass, or, on imports, at the port at which they are landed; and on payment thereof a certificate shall be issued, which shall exempt the goods from all further inland charges whatsoever. It is further agreed that the amount of the charge shall be calculated, as nea ly as possible, at the rate of two and a half per cent. ad valorem, and that it shall be fixed for each article at the conference to be held at Shanghai for the revision of the tariff. It is distinctly understood that the payment of t ansit dues, by cominutation or otherwise, shall in no way affect the ta ift duties on imports or exports, which will continue to be levied separately and in full.

        Art. XXIX.-British merchant vessels, of more than one hundred and fifty tons burden, shall be charged tonnage-dues at the ate of four mace per ton; if of one hundred and fifty tons and under, they shall be obarged at the rate of one mare per ton.

       Any ves el clearing f om any of the open port of China for any other of the open ports, or for Hongkong, shall be entitled, on application of the master, to a special certificate from the Customs, on exhibition of which she shall ho axomptod fivin all further payment of tonnage dues in any open ports of China, for a period of four months, to be reckoned from the port-clearance.

Art. XXX. The master of any British merchant-vessel may within forty-eight hours after the arrival of his vessel, but not later, decide to depart without breaking bulk, in which case ho will not be subject to pay tonnage-dues. But tonnage-dues shall be held due after the expiration of the said forty-eight hours. No other fees or charges upon entry or departure shall be levied.

Art. XXXI.-No tonnage-dues shall be payable on boats employed by British subjects in the conveyance of passengers, baggage, letters, articles of provision, or other articles not subject to duty, between any of the open ports. All cargo-boats, however, conveying merchandise subject to duty shall pay tonnage-dues once in six months, at the rate of four mace per register ton.

       Art. XXXII.-The Consuls and Superintendents of Customs shall consult together regarding the erection of beacons or lighthouses and the distribution of buoys and lightships, as occasion may demand.

       Art. XXXIII.-Duties shall be paid to the bankers authorised by the Chinese Government to receive the same in its behalt, either in sycee or in foreign money. according to the assay made at Canton on the thirteenth of July, one thousand eight hundred and forty-three.

      Art. XXXIV.-Sets of standard weights and measures, prepared according to the standard issued to the Canton Custom-house by the Board of Revenue, shall be delivered by the Superintendent of Custoins to the Consul at each port to secure uniformity and prevent confusion.

Digitized by

Google

10

TIENTSIN TREATY, 1858

     Art. XXXV.-Any British merchant vessel arriving at one of the open ports shall be at liberty to engage the services of a pilot to take her in o port. In like manner, after she has discharged all legal dues and duties and is ready to take her departure, she shall be allowed to select a pilot to conduct her out of port.

Art. XXXVI.-Whenever a British merchant vessel shall arrive off one of the open ports the Superintendent of Customs shall depute one or more Customs officers to guard the ship. They shall either live in a boat of their owu, or stay on board the ship, as may best suit their convenience. Their food and expenses shall be supplied them from the Custom-house, and they shall not be entitled to any fees whatever from the master or consignee. Should they violate this regulation, they shall be punished porportionately to the amount exacted.

MARINE

Art. XXXVII. Within twenty-four hours after a rival, the ship's papers, bills of lading, &c., shall be lodged in the hands of the Consul, who will within a further period of twenty-four hours report to the Superintendent of Customs the name of the ship, her register tonnage, and he nature of her cargo. If, owing to neglect on the part of the master, the above rule is not complied with within forty-eight hours after the ship's arrival, he shall be liable to a fine of fifty taels for every day's delay; the total amount of penalty, however, shall not exceed two hundred taels.

The master will be responsible for the correctness of the manifest, which shall contain a full and true account of the particulars of the cargo on board. For presenting a false manifest, he will subject himself to a fine of five hundred taels; but he will be allowed to correct, within twenty-four hours after delivery of it to the Customs officers, any mistake he may discover in his manifest, without incurring this penalty.

Art. XXXVIII.-After receiving from the Consul the report in due form, the Superintendent of Customs shall grant the ve sel a permit to open hatches. If the master shall open hatches, and begin to discharge any goods without such permission, he shall be fined five hundred taels, and the goods discharged shall be confiscated wholly.

Art. XXXIX.-Any British merchant who has cargo to land or ship must apply to the Superintenden of Customs for a special permit. Cargo landed or shipped without such permit will be liable to confiscation.

Art. XL-No tianshipment from one vessel to another can be made without special permission, under pain of confiscation of the goods so transhipped.

Art. XLI.-When all dues and duties shall have been paid, the Superintendent of Customs shall give a port-clearance, and the Consul shall then return the ship's popore, so that she may depart on her voyage.

Art. XLII. With respect to articles subject, according to the tariff, to an ad valorem duty, if the British merchant cannot agree with the Chinese officer in affixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase them sball te assumed as the value of the goods.

     Art. XLIII.-Duties shall be charged upon the net weight of each article, making a deduction for the tare, weight of congee, &c. To fix the tare of any articles, such as tea, if the British merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon other goods and packages. If there should be any other points in dispute which cannot be settled, the British merchant may appeal to his Consul, who will communicate the particulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made within twenty-four hours or it will not be attended to. While such points are still unsettled, the Superintendent of Customs shall postpone the insertion of the same in his books.

     Art. XLIV. Upon all Camaged goods a fair reduction of duty shall be allowed, proportionate to their deterioration. If any disputs arise, they shall be settled in the manner pointed out in the clause of this Treaty having reference to articles which pay duty ad valorem.

ཎྞམས

Digitized by

Google

the

TIENTSIN TREATY, 1858

11

Art. XLV.-British merchants who may have imported merchandise into any of open ports, and paid the duty thereon, if they desire to re-export the same, shall be entitled to make application to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made by suitable officers, to see that the duties paid on such goods, as entered in the Custom-house books, correspond with the representation made, and that the goods remain with their original marks unchanged. He shall then make a memorandum of the port-clearance of the goods, and of the amount of duties paid, and deliver the same to the merchant, and shall also certify the facts to the officers of Customs of the other ports. All which being done, on the arrival in port of the vessel in which the go ds a e laden, every- thing being found on examination there to correspond, she shall be permitted to break bulk, and land the said goods, without being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to con- fiscation by the Chinese Government.

      British merchants desiring to re-export duty-paid imports to a foreign country shall be entitled, on complying with the same conditions as in the case of re-exporta- tion to another port in China, to a drawback ce tificate, which shall be a valid tender to the Customs in payment of import or export duties.

      Foreign grain brought into any port of China in a British ship, if no part thereof has been landed, may be re-exported without hindrance.

Art. XLVI.-The Chinese authorities at each port shall adopt the means they may judge most proper to p event the revenue suffering from fraud or smuggling.

        Art. XLVII.-British merchant-vessels are not entitled to resort to other than the ports of tra le declared open by this Treaty, they are not unlawfully to enter other po ts in China, or to cary on clandestine trade along the coast thereof. Any vessel violating this provision, shall, with her cargo, be subject to confiscation by the Chinese Government.

Art. XLVIII.-If any British merchant-vessel be concerned in smuggling, the goods, whatever their value or nature, shall be subject to confiscation by the Chinese authorities, and the ship may be prohibited from trading further, and sent away as soon as her account shall have been adjusted and paid.

       Art. XLIX.-All penalties enforced, or confiscations made, under this Treaty, shall belong and be appropriated to the public service of the Government of China.

       Art. L.-All official communications, addressed by the Diplomatic and Consular Agent of Her Majesty the Queen to the Chinese Authorities, shall, henceforth, be writ- ten in English. They will for the present be accompanied by a Chinese version, but it is understood that, in the event of there being any difference of meaning between the English and Chinese text, the English Government will hold the sense as expressed in the English text to be the correct sense. This provision is to apply to the Treaty now negotiated, the Chinese text of which has been carefully corrected by the English original.

      Art. LL-It is agreed that henceforward the character "I" (barbarian) shall not be applied to the Government or subjects of Her Britannic Majesty in any Chinese official document issued by the Chinese authorities, either in the capital or in the provinces.

Art. LII.- British ships of war coining for no hostile purpose, or being engaged in the pursuit of pirates, shall be at liberty to visit all ports within the dominions of the Emperor of China, and shall receive every facility for the purchase of provisions, procuring water, and, if occasion require, for the making of repairs. The commanders of such ships shall hold intercourse with the Chinese authorities on terms of equality and courtesy.

      Art. LIII.-In consideration of the injury sustained by native and foreign commerce from the prevalence of piracy in the seas of China, the high contracting parties agree to concer measures for its suppression.

Art. LIV.-The British Government and its subjects are hereby confirmed in all privileges, immunities, and advantages conferred on them by previous Treaties: and it is hereby expressly stipulated that the British Government and its subjects will be allowed free and equal participation in all privileges, immunities, and advantages that

Digitized by

Google

19

PEKING CONVENTION, 1860

may have been, or may be hereafter, granted by His Majesty th Emp ror of China to the Government or subjects of any oth r nation.

Art. LV.-In evidence of her desire for the continuance of a friendly under- standing, Her Majesty the Queen of Great Britain cons nts to include in a Separate Article, which shall be in every respect of equal validity with the Articles of this Treaty, the condition affecting indemnity for exp nses incurred and losses sustained, in the matter of the Canton question.

    Art. LVI-The ratifications of this Treaty, under the hand of Her Majesty the Queen of Great Britain and Ireland, and of His Majesty the Emperor of China, respec- tively, shall be exchanged at P. king, within a year from this day of signature.

In token whereof, the respective Pl nipotentiaries have sign d and s aled this Treaty. Done at Tientsin, this twenty-sixth day of June in the year of our Lord one thousand eight hundred and fifty-eight; corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.

(L.B.) Elgin and Kincardine.

SIGNATURE OF 1ST CHINESE PlenipoteNTIARY.

SIGNATURE OF 2ND CHINESE PLENIPOTENTIARY,

Separate Article annexed to the Treaty concluded between Great Britain and China on the twenty-sixth day of June, in the year One Thousand Fight Hundred and Fifty-eight

It is hereby agreed that a sum of two millions of taels, on account of the losses sustain- ed by British subjects through the misconduct of the Chinese authorities at Canton, and further sum of two millions of taels on account of the Military expenses of the expedi- tion which Her Majesty the Queen has been compelled to send out for the purpose of ob- taining redress, and of enforcing the observance of Treaty provisions, shall be paid to Her Majesty's Representatives in China by the authorities of the Kwangtung province. The necessary arrangements with rap ct to the time and mode of effecting these payments shall be determined by Her Maj sty's Representative, in concert with the Chinese authorities of Kwanglung.

When the above amounts shall have been discharged in full, the British forces will be withdrawn from the city of Canton. Done at Tientsin, this twenty-sixth day of June in the year of our Lord one thousand eight hundred and fifty-eight, corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung. (L.8.) ELGIN AND KincardinE.

SIGNATURE OF 1ST CHINESE PLENIPOTENTIARY.

SIGNATURE OF 2ND CHINESE PLENIPOTE`TIART,

CONVENTION OF PEACE BETWEEN HER BRITANNIC MAJESTY AND THE EMPEROR OF CHINA

Signed at Peking 24th October, 1860

Her Majesty the Queen of Great Britain and Ireland, and His Imperial Majesty the Emperor of China, being alike desirous to bring to an end the misunder tanding at present existing between their respective Governments, and to secure their relations against further interruption, have for this purpose appointed Plenipotentiaries, that is to say:

Her Majesty the Queen of Great Britain and Ireland, the Earl of Elgin and Kincardine; and Hi、 Imperial Majesty the Emperor of China His Imperial Highness the Prince of Kung; who baving met and communicated to each other their full powers, and finding these to be in proper form, have agreed upon the following Convention, in Nine Articles :-

    Art. I.-A breach of friendly relations having been occasioned by the act of the Garrison of Taku, which obstructed Her Britannic Majesty's R presentative when on his way to Peking, for the purpose of exchanging the ratifications of the Treaty of Peace concluded at Tientsin in the month of June, one thousand eight hundred and fifty-eight, His Imperial Majesty the Emperor of China expresses his deep regret at

he misunderstanding so occasioned.

Digitized by

Google

PEKING CONVENTION, 1860

18

      Art. II.-It is furth. r expressly declared, that the arrangement ent red into at Shanghai, in the month of October, one thou and eight hundred and fifty-eight between Her Britannic Majesty's Ambassador, the Earl of Elgin and Kincardine, and his Imperial Majesty's Commissioners Kweiliang and Hwashans, regarding the residence of Her Britannic Majesty's Representative in China, is hereby cancelled, and that, in accordance with Article III. of the Treaty of one thousand eight hundred and fifty-eight, Her Britannic Majesty's Representative will henceforward reside, permanently or occasionally, at Peking, as Her Britannic Majesty shall be pleased to decide.

       Art. III.-It is agreed that the separate Article of the Treaty of one thousand eight hundred and fifty-eight is hereby annulled, and that in lieu of the amount of indemnity therein specified, His Imperial Majesty the Emperor of China shall pay the sum of eight millions of taels, in the following proportions or instalments, namely -at Tientsin on or before the 30th day of November, the sum of five hundred thousand taels; at Canton, on or before the first day of December, one thousand eight hundred and sixty, three hundred and thirty-three thousand and thirty-three taels, less the sum which shall have been advanced by the Canton authorities toward the completion of the British Factory site of Sameen; and the remainder at the ports open to foreign trade, in quart rly payments, which shall consist of one-fifth of the gross revenue from Customs there collected; the first of the said payments being due on the thirty-first day of Decemb r, one thousand eight hundred and sixty, for the quarter terminating on that day.

      It is further agreed that these moneys shall be paid into the hands of an officer- whom Her Britannic Majesty's Representative shall specially appoint to receive them, and that the accuracy of the amount shall, before payment, be duly ascertained by British and Chinese officers appointed to discharge this dut".

       In order to prevent future discussion it is moreover declared that of the eight millions of taels herein guaranteed, two millions will be appropriated to the indemnification of the British Mercantile Community at Canton, for losses sustained. by them; and the remaining six millions to the liquidation of war expenses.

       Art. IV.-It is agr ed that on the day on which this Convention is signed, His Imperial Majesty the Emperor of China shall open the port of T entsin to trade, and that it shall be thereafter competent to British subjects to r side and trade there, under the same conditions as at any other port of China by treaty open to trade,

       Art. V.-As soon as the ratifica1ions of the Treaty of one thousand eight hundred and fifty-eight shall have been exchanged, His Imp-rial Majesty the Emperor of China will, by decree, command the high authorities of every province to proclaim throughout their jurisdictions that Chinese, in choosing to take service in British Colonies or other parts beyond sea, are at perfect liberty to enter into engagementa with British subjects for that purpose, and to ship themselves and their families on board any British vessels at the open ports of China; also, that the high authorities aforesaid shall, in concert with Her Britannic Majesty's Representative in China, frame such regulations for the protection of Chinese emigrating as above as the circumstances of the different open ports may demand,

        Art. VI. With a view to the maintenance of law and order in and about the barbour of Hongkong, His Imperial Majesty the Emperor of China agrees to cede to. Her Majesty the Queen of Great Britain and Ireland, Her heirs and successors, to have and to hold as a dependency of Her Britannic Majesty's Colony of Hongkong, that portion of the township of Kowloon, in the province of Kwangtung, of which a lease was granted in perpetuity to Harry Smith Parkes, Esquire, Companion of the Bath, a Member of the Allied Commission at Canton, on behalf of Her Britannio- Majesty's Government by Lau Tsung-kwang, Governor-General of the Two Kwang.

It is further declared that the lease in question is hereby cancelled, that the claims of any Chinese to property on the said portion of Kowloon shall be duly investigated by a mixed Commission of British and Chinese officers, and that compensation shall be awarded by the British Government to any Chinese whose

Digitized by

Google

14

TARIFF AGREEMENT

claim shall be by that said Commission established, should his removal be deemed necessary by the British Government.

    Art. VII.-It is agreed that the provisions of the Treaty of one thousand eight hundred and fifty-eight, except in so far as they are modified by the present Convention, shall without delay come into operation as soon as the ratifications of the Treaty aforesaid shall have been exchanged. It is further agreed, that no separate ratification of the present Convention shall be necessary, but that it shall take effect from the date of its signature, and be equally binding with the Treaty abovə mən- tioned on the high contracting parties.

    Art. VIII. It is agreed that, as soon as the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China shall, by decree, command the high autho- rities in the capital, and in the provinces, to print and publish the aforesail Treaty and the present Convention for general information.

Art. IX.-It is agreed that, as soon as the Convention shall have bɔen signed, the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, and an Imperial Decree respecting the publication of the said Convention and Treaty shall have been promulgated, as provided for by Article VIII of the Convention, Cusan shall be evacuated by Her Britannic Majesty's troops there statione 1, and Her Britannic Majesty's force now before Peking shall commence its march towards the city of Tientsin, the forts of Taku, the north coast of Shantung, and the city of Canton, at each or all of which places it shall be at the option of Her Majesty the Queen of Great Britain and Ireland to retain a force until the indemnity of eight millions of taels, guaranteed in Article III., shall have been paid.

    Done at Peking, in the Court of the Board of Ceremonies, on the twenty-fourth day of October, in the year of our Lord one thousand eight hundre·l and sixty.

(L.B.)

SEAL OF CHINESE PLENIPOTENTIARY.

ELGIN AND KincardinE.

Signature OF CHINESE PLENIPOTENTIARY.

AGREEMENT IN PURSUANCE OF ARTICLES XXVI. AND XXVIII. OF THE TREATY OF TIENTSIN

SIGNED AT SHANGHAI, 8TH NOVEMBER, 1858

    Whereas it was provided, by the Treaty of Tientsin, that a conference should be held at Shanghai between Officers deputed by the British Government on the one part, and by the Chinese Government on the other part, for the purpose of determining the amount of tariff duties and transit dues to be henceforth levied, a conference his been held accordingly; and its proceedings having been submitted to the Right Honourable the Earl of Elgin and Kincardine, High Commissioner and Plenipotentiary of Her Majesty the Queen on the one part; and to Kwailiang, Hwashana, Ho Kwei-tsing, Ming-shen, and Twan Ching-shib, High Commissioners and Plenipotentiaries of His Imperial Majesty the Emperor, on the other part, these High Officers have agreed and determined upon the revised Tariff hereto apended, the rate of transit dues therewith declared, together with other Rules and Regulations for the better explana- tion of the Treaty aforesaid; and do hereby agree that the said Tariff and Rules- the latter being in ten Articles, thereto appended-shall be equally binding on the Governments and subjects of both countries with the l'reaty itself.

In witness whereof they hereto affix their Seals and Signatures.

Done at Shanghai, in the province of Kiangsu, this eighth day of November in the year of our Lord eighteen hundred and fifty-eight, being the third day of the tenth moon of the eighth year of the reign of Hien Fung.

(L.8.)

SEAL OF CHINESE PLENIPOTENTIARIES.

ELGIN AND KINCARDINE.

SIGNATURES OF THE FIVE CHINESE PLENIPOTENTIARIES

Digitized by

Google

CUSTOMS

TARIFF

       1-In the present reprint of the Chinese Tariff for the trade under the cognizance of the Foreign Customs Inspectorate, the Import and Export divisions of the original Tariff of 1868 and the Lists of Duty-free, of Exceptional, and of Contraband Goods, based on Rules 2, 3, and 6 of the " Bules appended to the Tariff," have been smalgamated, and arranged alphabetically.

3.-The decisions of the Chinese Government affecting the original Tariff which have come into operation since it was first published have been entered in their proper order.

3.-The following typographical arrangement has been adopted in this reprint:

1o. Dotiable articles taken over from the original Tariff are printed in ordinary type. 2o. Duty-free articles are printed in italics.

3o. Exceptional and contraband articles specified in the "Rules appended to the Tariff"

are printed in black type.

4o. Entries based on decisions given since the publication of the original Tariff are

printed in SMALL CAPITALS.

         -Of the decisions given since the issue of the original Tariff, the present list comprises only those which affect Customs practice at all the Treaty Ports; local rulings not having been included.

N.B.-Customs Permits are necessary for the shipment and discharge of whatever is not allowed to accompany passengers as Personal Baggage, e.g., Duty-free Goods, Treasure, Parcels, etc., and all such articles must be entered on the manifest of the vessel concerned.

Kann of ÅSTICLS,

Agar-agar.

TARIFF UNIT AND DCTY.

Per \T. m. c. c.

100 catties 0 1 5

Agaric. Bee Fungus.

Almonds.

Bee Apricot

Seeda.

NAME OF ARTICLE.

Artificial Flowers

Bangles or Armlets, Glass

See Metals,

Asafoetida

Bambooware

Bar Iron.

0 2 5 0

5000

0500

Bean Oil.

0045 0100

Beama. See Timber.

Beancake

INCLUDING Guano,*

TARIFF UNIT and Duty.

Per T. m. c. c.

100 catties 1 5 0

0650 0750

0 60

0 0 3 5

Alum.....

Alam, Green, or Copperas

Anigood, Broken...

Apinned Oil .........................

Aniseed, Star

AubimacaspOTS.

See Ar-

ticles de Tapisserie.

Antiques. See Curiosi-

tien.

Apricot Seeds, or Almonds!

Armlets, Glass.

gles.

"

See Ban-

Arrow-root. See Sugo.

Arsenie.............

Articles de Ménage

Fncluding Drawing-room, I in-Į

ing-room, Bedroom, Bath- om, Kitchen, Pantry, and Counting House Furniture; niture for Billiard

Bowling Alley, and seiket Court; 8afes, Stoves, ratas, Cooking Ranges Bro-irous, Fenders, Coal-

ukšles, etc.; Cornices and| Curtains, ste. ; Gas Fittings, alia, sto; Books, Music, mical Instruments, Scien- Instruments and 4p-| etc.; Saddlery, and Carriages ;} Carpeting and Exclu-

voting, ric. Clocká, Musical Boxes, ures, Paintings, Look- sses, Mirrors, Curio- Lampwicks, Mata, Puits, Blankets, Rugs of Hair or Skin, Chinese Car- pats and Draggets, Leather krunks, Native Chinaware, Pottery, and Earthenware.) Articles de Tapisserie

Fcluding Berlin Wool Work,

#macassare, etc.

"

Free.

33

0 4 5 0

See Oil.

Beans and Peas

Beaver Skins. See Skins,

Beaver.

Bed Quilts, Cotton. See

Palampore.

Beef and Pork. See Meats. Beer. See Wines Beeswax, Yellow

Bells. See Articles de Mé-

nage.

Berlin Wool Work. See

Articles de Tapisserie. Betel-nuts

Betel-nut Husk

Bezoar, Cow. See Cow!

Bezonr.

Bicho de Mar, Black.... Bicho de Mar, White Birds' Nests. 1st Quality. Birds' Nests, 2nd Quality Birds Nests, 3rd Quality,

or Uncleaned

Biscuit, all kinds, Plain

and Fancy....

Bitters. See Wines. Blankets. See Woollen

Manufactures.

Blotting Paper. See Sta-

tionery.

Bombazettes. See Wool-

len Manufactares. Bonbons.

ery.

See Confection-

0 0 6 0

"

Free.

100 catties 1 0 0 0

Catty

0150 0 0 7 5

1 5 0 0

"

0350

0550

0450

0 1 5 0

重要

"

Free.

Boneware and Hornware. 100 catties 1500

• Guaxo is allowed to pay 5 per celi, ad valorem at importer's up....on.

Digitized by

Google

16

CUSTOMS TARIFF

NAME OF ARTICLE.

IT

"ARIFF UNIT And Duty,

NAME OF ARTICLE.

TARIFF UNIT and Dogz.

Per IT. m. c. c.

Per

¡T. m. 6. G.

Books,

CHINESE.

Bee

-Books, Foreign.

See Ar-

Paper, 1st Quality.

ticles de Ménage,

Boots, Chinese. See Shoes

and Boots.

Boots Foreign. See Cloth-

ing, Foreign

Seel

Bracelets, Foreign.

Jewellery, Foreign. Brass Buttons [EXPORT

TARIFY]

Brass Buttons [IMPORT

TARIFF]

    Brass-foil... Brassware Brass Wire

    Brick Tea. See Tea, Brick. Brimstone and Sulphur.

Cannot be imported or exported except un- der Special Autñority. Broadcloth. See Wool-

len Manufactures. Brocades. See Cotton

Piece Goods.

Brooches. See Jewellery,

Foreign.

Buffalo Hides. See Hides,

Buttalo.

Buffalo Horns. See Horns,

Buffalo.

Buffalo Sinews. See Si-

news.

BUILDING MATERIALS NOT APECIFIED IN TARIFF, IMPORTED FOR OTHER

100 catties) 3 0 0

Gross 0055 100 catties] 1 5 0 0

*

THAN OFFICIAL PUE-5 per cent.

POSES.

Building Materials import-

ed for official residences

or offices.......

Bullion, Gold and Silver..... Bunting. See Woollen

Manufactures.

Butter

Including Condensed and De-

siscuted Milk,

Buttons, Brass. Ses Brase

Buttons.

Cakes. See Confectionery. Camagon-wood.

Wood, Camagon.

[ad valorem

Free

1 0 0 0 J 150

0200

Cannon

Cannot be imported or exported except un- der Special Authority. Cantharides....... Canvas and Cotton Duck, not exceeding 50 yards long

Capoor Cutchery Caps, Felt. See Felt Caps. Caps, Silk. See Silk. Cardamoms, Superior Cardamoms, Inferior, or

Grains of Paradise Carpeting, Foreign

Including Oil Floor-cloth. [Excluding Chinese Car- pets.]

Carpeting, Foreign. See

Articles de Ménage. Carpets and Druggets

Not including Foreign Car-

peting and Druggetằng. Carriages. See Articles de

Ménage.

Cash. See Copper Cash. Cassia Buds

Cassia Lignea.

Cassia Oil

Cassia Twigs

Cassimeres. See Woollen

Manufactures.

Castor Oil

100 catties 2 0 0

Piece 0400 [100 catties] 0 3 0

Excluding Foreign Castor Oil, j arriving in quantities of less than 100 catties weight: Free.

Caviare. See Meats.

Ceruse. See Lead, White. Charcoal

Foreign. Seel

Charms,

Jewellery, Foreign.

Cheese

Chestnuts

China-root

Chinaware, Coarse......... INCLUDING SWATOW NATIVE CHINAWARE; NOT INCLUD- ING COARSE CHINAWARE OF THE VALUE OF Tls. 1 ro TLS. 1.50 PER PICUL EX- PORTED FROM PAIHOI, WHICH PAYS AS POTTERY, EARTHENWARE.

Chinaware, Fine... Chinaware, Foreign. See

Glassware.

See

Chintzes. See Cotton

Chocolate. See Confec

Cambrics. See Cotton

Piece Goods.

Camels' HAIR. See HAIR,

CAMELS'.

CAMELS' WOOL. See

Piece Goods.

tionery,

Chutneys. See Vegetables Cigar-cases. See Cigars. Cigar-holders. See Cigars. Cigars, Foreign

Including Cigar-cases, Cigar-

holders, and Pipes.

Cinnabar

WOOL, CAMELS'.

Woollen

Manufactures.

Camphor, Baroos, Clean.

[100 catties 0 7 50

Catty

Free.

1 3 0 0 07 2

Thousand 0 5 0 0

Clocks

Camlets. See

Camphor

Camphor, Baroos, Refuse. Candles, Foreign

- Canon

Cinnamon

CITRONS, See Vegetables.

1.0 0

0500

Free.

Hundred 350

[100 catties] 0 8 0 0

0600

9000

0160

"

0 200

"

Free.

*

[100 catties 0 1 0 0

"

0180 045

Free.

0900

[100 catties] 0 7 5

*

{6 per cent.

}ad valorem

Digitized by

160

Google

CUSTOMS TARIFF

17

NAME OF ARTICLE.

TARIFY Unit and DutI.

NAME OF ARTICLE.

TARIFY UNIT and Dery

IT. m. c. 0. Per

See!

Metals.

See

Clothing, Cotton Clothing, Foreign.

Including Ready-made Cloth- ing of all kinds for Head, Perion, or Foot, or First Materials for Foreign Cloth- ing, male and female (if im- ported is reasonable quanti- time by Foreign Retail Dea- lers, Tailors, and Milliners, for Foreign_use); Foreign Boats and Shoes, Hosiery, Haberdashery, and Milli- sery [Excluding Umbrel- laa, Cotton Handkerchiefs, Silk Ribbons, Silk Thread, Silk Shawls. Silk Scarves, Silk| Tassels, Silk Caps, Chiness Felt Caps, Chinese Boots, and Shoes.?

Clothing, Silk. Cloves

Cloves, Mother

Coal, Foreign

Per 17. m. c. c. 100 cattics 1 5 0

Free.

[100 catties 10 0 0 0

"

+3

0500 0180

Copper, in Sheets.

Copper, in Slabs.

Metals.

Copper Nails. See Metals, Copper Rods. See Metals. Copperware and Pewter-

ware.....................

INCLUDING WHITE METAL

PIPES (INFERIOR).

Copper, Old, Sheathing... Copper Ore.....

:00 catties 1150

"

0500 0500

""

Copperas.

See

Alum,

Green.

Copying Presses.

See Sta-

tionery.

Coral....

Catty

0 10

Corals, False

100 catties 0 3 5 0

Cordage, Manila

Cordials.

Ton

0 0 5

0350

D

See Wines.

7000

100 stones 0 3 0 0

COAL, NATIVE: FORMO-

EA, HUPEH, ANHWEI,

KWANGSI, AND

P'ING..

COAL, NATIVE,

SORTS

K'AI-

OTHER

Coal skipped by Yachts for

their own use

Coal-scuttles.

de Ménage.

Cochineal....

See Articles:

       Cocoa. See Confectionery. COCOL-NUTS, See Vegetables Cocoons. See Silk.

Cocoons, REFUSE

0100

03 00

Free.

100 catties) 5 000

{

5 per cent. [ad_valorem

COCOON SKINS (SHELLS).. Coffee. See Confectionery. Coins, Foreign

Coir

COKK

Comfts. See Preserves. Confectionery

Including Pastry, Cakes, Bon- bon, Coffee, Chocolate, Ce- cos, Spices, Sauces, Season- ing, Placouring Esseness, Foreign Pepper, Mustard, Tohle Salt in small jars, Ketchup, Vinegar, and Oil; Anchovy, Tomato, and Wor- cestershire Sauces [Ex- cluding Cinnamou, Cloves, Mace, Nutmegs, Honey, Liquorice, Sugar Candy, Chinese Preserves, Comfita, and Sweetmeats.] Cooking Ranges. See Ar-

ticles de Ménage. Copper. See Metals. Copper Cash

Can only be exported under Bond to a Chi- nese Treaty Port.

COPPER CASH, JAPANESE,

MAY BE IMported.

*

100 catties 0100

Free.

Ton

Free.

0150

Cornelian Beads..

Cornelians

Corn-flour. See Sago.

Cornices. See Articles de

Ménage.

Cotton Cloth, Native. Seej

Nankeen,

Cotton Duck. See Can-

vas.

Cotton Piece Goods:

Grey, White, Plain and

Twilled:

exceeding 34ins. wide; and not exceeding 40 yds. long....

INCLUDING T-CLOTHS 36

INCHES WIDE

TARDS LONG.

AND 24

exceeding 34 ins.

wide and exceed-

ing 40 yds. long.)

Drills and Jeans:

not exceeding 30 ins. wide and not ex- eeeding 40 yds.long not exceeding 30 ins. wide and not ex- ceeding 30 yds. long| T-Cloths:

not exceeding 34 ins. wide and not ex- ceeding 48 yds. long not exceeding 34 ins.

wide and not ex- ceeding 24 yds.long Dyed, Figured and Plain, not exceeding 36 ins. wide and not exceeding 40 yds. long

EXCLUDING Foreign CoT- TONS DYED IN CHINA. See Nankeen and Native Cotton Cloth.

Piece

008 0

Every 10 yards.

002

Piece

0100

0076

0 0 8 0

00

0 1 5 0

*On re-shipment, no matter whether for export or consumption on board the vessel in question, a Drawback

(or Exemption Certificate, if applied for) is granted

Digitized by

Google

18

CUSTOMS TARIFF

NAME OF ARTICLE.

TARIFY UNIT and Duty.

NAME OF ARTICLE.

TARIFF UNIT and Duty.

Per

[T, m. c. c.

¡T. m. c. c.

ex-

Cotton Piece Goods-cont.)

Fancy White Brocades and White Spotted Shirtings, not ceeding 36 ins. wide and not exceeding 40 yds. long..... Printed Chintzes and Furnitures, not ex- ceeding 31 ins. wide and not exceeding| 30 yds. long... Cambrics:

not exceeding 46 ins. wide and not ex- ceeding 24 yds. long not exceeding 46 ins.

wide and not ex- ceeding 12 yds. long Muslins :

not exceeding 46 ins. wide and not ex- ceeding 24 yds. long not exceeding 46 ins. wide and not ex- ceeding 12 yds. long] Damaska,notexceeding 36 ins, wide and not exceeding 40 yds. long Dimities or Quiltings. not exceeding 40 ins. wide and not exceed- ing 12 yds. long... Ginghams, not exceed- ing 28 ins, wide and not exceeding 80 yds. long Handkerchiefs, not ex- ceeding 1 yd. square. Fustians, not exceeding

35 yds. long............... Velveteens, not exceed-

ing 34 yds. long

    Cotton Rags Cotton, Raw

Cotton Seed Oil.

Cotton Thread

Cotton Yarn

See Oil.

Cow Bezoar [EXPORT

TARIFF]

Cow Bezoar, Indian [Im-

PORT TARIFF...

Cow Hides. See Hides,

Buffalo

Crackers, Fireworks

Crape, Silk.

Piece

0 1 0 0

"

1

Curiosities, Antiques...

Excluding Curios, Presents, etc., when forming part of a traveller's Personal Bag- gage and not being carried in such quantity as to sug- gest a trading" operation : Free.

Curtains. See Articles de

Ménage.

Cutch

0070

Cutlery

CUTTLE-FISH.

Salt.

Damasks.

See Fish,

Per

ad valorem 5 per cent.

[100 catties] 0 18 0

Free.

See Cotton

Piece Gooda.

0 0

Dates, Black

100 catties 0 15 0 0090

Dates, Red

Deer Horns. See Horns,

0 0 3 5

Deer.

Deer Sinews.

See Sinews.

Despatch Boxes,

See Sta-

tionery.

0 0

0 0 3 5

0200

6 5

"Y

0035

Dozen 0025

Piece 0200

DX

0150

100 catties 0 0 4 5

"

03 50

0720 0700

Dimities. See Cotton Piece}

Goods.

Dock Stores (under Special

Regulations)

Nor INCLUDING SHIPS' SIDE LIGHTS, NOT IM- PORTED FOR SPECIFIED VESSELS.

Doe Skins. See Skins,

Doe.

Dragon's

Blood. See

Gum, Dragon's Blood. Drills. See Cotton Piece

Goods.

Druggeting, Foreign

Excluding Chinese Druggets. Druggets. See Carpets. Duck, Cotton. See Can-

vas.

Dye, Green [Native: Lü

kino]

Dyed Cottons. See Cot-

ton Piece Goods.

Ear-rings, Foreign. Seel

Jewellery, Foreign. Earthenware. See Pot-

tery.

Ebony. See Wood, Ebony.

J

Free.

Catty

0 8 0 0

Thousand 0 3 5 0

Elephants' Teeth. Broken 100 catties 3 000

Eggs, Preserved........

Catty

0 3 6 0

1 5 0 0

#2

Embroideries, Silk.

Silk Piece Goods.

Elephants' Teeth, Whole.

100 catties 0 5 0 0

See Silk

False Pearls.

See

Piece Goods. Crockery, Foreign,

Glassware.

Crystalware. See Glass-

ware and Crystalware.

See

See Pearls.

Essences, Flavouring. See

Confectionery.

Fancy Cottons. See Cot-

ton Piece Goods.

Fans, Feather........

Fans, Palm-leaf, Trim-

med

20

4000

Hundred

075 0

Thousand 036 0

1 5 0 U

Fans, Palm-leaf, Untrim-

See Vege-

Hundred 0 0 4 5.

0 200 ;

tables.

Cubebs...

CUMQUATS.

med Fans, Paper

Digitized by

Google

Fits of ANTICLE.

अन

Per

Hundred

CUSTOMS TARIFF

NAME OF ARTICLE.

TARIFY UNIT AND DUTY.

¡T. m. c. c.

Feathers,

Kingäshers",

Peacocks'

Felt Caps......

Felt Cuttings

Ménage.

Fenders. See Articles de

Fire-irons. See

0400 1 2 50

100 catties 0 1 0 0

Articles

de Ménage.

Frarood

Free.

Fireworks.

See Crackers.

Fish, Dried.

See Stock

Fiab.

Fish, Salt...

IISLU DINə Cürrle-FISH.

Fish Mawa

100 catties 0 1 8 0

Not including Sha ks' Skios.

Manufacturaa.

"J

1 0 0 0

0200

Fish Skina

Flannel,

884 Woollen!

Flints

་་་་་

Flosa Silk.

See Silk.

Flour .......

Free.

Flowers, Artificial

See

Artificial Flowera.

Fowling-pieces

Cannot be imported or exported except un- der Special Authority,

Fox Skins. See Skins,

For

Fragrant-wood.

See

See Vege-

Wood, Fragrant.

Fruits, Foreign.

tables.

Fruits, Fresh and Preser-

ved.

See Vegetables.

Fungus, or Agaric.............. Furniture of all kinds. See

Articles de Ménage.

Furnitures, Cotton. See Cotton Piece Gɔo is.

Fastians.

See Cotton

Piece Goods.

Galangal

Gambier

Gamboge

· Game, Tinned.

Garlic

Gar.0-wood.

Garoo.

0 0 3 0

100 catties 0 6 0 0

Ginseng, American, Clari-

fied GINSENG, RE-CLARIFIED, i.e., CRUDE GINSENG

IMPORTED AND CLARI- FIED AT A Treaty Port

AND

SHIPPED

COAKT-

WERE

WISE, TO PAY EXPORT AND COAST TRADE DUTY AR THOUGH IT NATIVE PRODUCE. Ginseng, American, Crude! Ginseng, Corea or Japan,, 1st Quality. i.e., VALUED AT Tls. 5 AND OVER A CATTY

Ginseng, Corean or Jan pan, 2nd Quality, i.e.,)

+4

VALED AT MORE THAN Tls. 1 AND LESS THAN Tis. 5 A CATTY GINSENG, Corean or JA- PAN. UNCLASSED, ie., VALUED AT Tis, 1 asp. LEMS A CATTY

TO INCLUDE CORRAN OR JAPAN GISSENO Out- TINGS AND BEARD.

Ginseng, Native.............

10

TABIPP UNIT AND DUTY.

Per T. m. c. 0.

100 catties 8 0 0 0

}

6000

Catty

(5 per cent. {ad valorem

Glass Banglos, or Arm-

lets

Glass Beads

Glass, or Vitrified Ware. Glassware and Crystal-

Including Foreign Crockery and Foreign Chinaware and Porcelain. [Excluding Na- tive Chinaware, Native Pot- tery, and Native Earthen. ware; Window Glass, Tele- scopes, Spy and Opera Glas- ses, Looking-glasses and Mirrors; also Chinese Glas8 Beads and Glassware of all kinds].

Glass, Window

0

"

0 15 0

20

0 0 0

"

See Meats,

0035

"

See Wood,

Glue

Preserved, Foreign.

Gas Fittings. See Articles

de Ménags.

Gauze, Silk. Bee Silk

Piece Goods.

GEAS,SHIPS': Old RopeS, OLD SAILS, OLD SPARS --LANDED UNDER PAR-|

WIT

Grar, YHIPs'; ANCHORS,"

Free.

CHAINS, AND

OLD

METAL, WHEN RE-

5 per cent.

MOVED FROM A V23- BBC NOT INTENDED TO BE BROKEN UP

Ginghams. See Cotton

Piece Goods.

al valorem

GLASS IMPORTED FOR THE

USE OF CHURCHES IS LIABLE TO DUTY.

Goats Hair. Se Huir,'

Goats'.

Gold and Silver Bullion.

Sue Bullion.

Gold Thread, Imitation..

TO COMPREHEND FOREIGN. IMITATION GOLD THREAD: MADE OF COPPER AND SILVER AND AFTERWARDS

OILT.

Goll Thrond, Real.......... Gullware. See

Silver-

wire and follware.

Quin of all kinds [See

Rice] Grains of Paradise. See,

Cardamoms.

0 5 0 0

0 3 5 0

0 0 5 0

100 catties 0 5 0 0

"

0500 0 50

1

Free.

Box 100 sq. ft.

0 1 6 0

100 catties 0 1 50

Catty

0030

1 6 0 0

100 eattie: 0100

Digitized by Google

20

CUSTOMS TARIFF

NAME OF ARTICLE.

TARIFF UNIT AND DUTT.

NAME OF ARTICLE.

Per

m. c. c.

(HA-

F

TARIFY UNIT AND DUTY -

Per

\T, m. c. c.

Grasscloth. Coarse

   VING 40 OR LESS THREADS IN THE WARP TO AN INCH).. Grasscloth, Fine (HAVING

OVER 40 THREADS IN THE WARP TO AN INCH)|

Grates. See Articles de

Ménage.

Green Alum.

See Alum,İ

Green.

Green Dye.

See Dye.

Green.

Green Paint.

See Paint.

Ground-nut Cake

Ground-nute

GUANO. See Beancake.

Oum.

See Stationery.

Gum Benjamin

Gum Benjamin, Oil of

Gum, Dragon's Blood Gum Myrrh......

Gum Olibanum

Gunpowder

Cannot be imported or exported except un- der Special Authority. Gypsum, Ground, or Plas-

ter of Paris...****** Haberdashery. See Cloth-

ing, Foreign.

See Wool-

Habit Cloth.

len Manufactures.

Hair, Camels'

Hair, Goats"

See

100 catties 0 7 5 0

要索

2500

29

0030 0100

""

(c) (c) 10 10 10

045 045

[100 catties 0 0

5 per cent.

ad valorem

100 catties 0 1 80

Hornware.

ware.

Hosiery.

Foreign.

See Bone-

Soo Clothing,

Household Stores, etc.

བ་་་་་

Articles not named in the Tarif as dutiable, nor being articles, or one or more of a class of articles, specifically mentioned in the Duly free List, if imported or exported for the special and personal use of specified Individuals, Hongs, Companics, or Ships, and in reasonable quanti- ties, may, when declared to be Household Stores, Ships'] Stores, or Personal Baggage. be passed free. Tarif

named articles declared aa Household Stores are duti- able. See also Dock Stores.

Implements of War..

Cannot be imported or

exported except un- der Special Authority. Indigo, Dry.....

Indigo, Liquid

Ink, Foreign. See Sta-

tionery.

Ink, India

Insect Wax. See Wax,

White.

Iron Bars.

See Metals.

Iron Hoops. See Me-

tals.

IRON HOOPS, OLD. See

Metals.

Iron, in Pigs. See Me-

tals.

Iron, in Sheets. See Me-

tale.

Free.

100 catties 1 0 0 0

018

Hair-pins, Foreign.

Jewellery, Foreign.

Hair Rugs. See Rugs.

Hama

Handkerchiefs,

IRON NAILS.

See Metals.

0 5 5 0

IRON PANS. See Metals.

Cotton.

Bee Cotton Piece Goods. Hare Skins. See Skins,

Hare.

Harness. See Articles de

Ménage.

Hartall, or Orpiment...... Hemp

HEMP, RAW, OR CHINA

GRASS (RHEA)

Hemp Seed Oil. See Oil. Hemp Twine. See Twine.

*

5 per cent.

ad valorem

0360 0 3 5 0

Hides, Buffalo and Cow..100 catties 0 6 0 0

   Hides, Rhinoceros .......................... Honey

"

WILD

To COMPREHEND

Uncleaned Honey.

Hoop Iron.

Horns, Buffalo

See Metals.

Horns, Deer [IMPORT TA-

RIFF]...........

Horns, Deer, Young [Ex-

PORT TARIFF]

Horns, Deer, "Old [Ex-

"

0420

0900

Iron Rods. See Metals. Iron Wire. See Metalė.

Isinglass

Ivoryware

Jeans. See Cotton Piece

Goods.

Jewellery, Foreign

Including Foreign Shirt Studs, Sleeve Links, Watch Chains, Rings, Charms, Pencil Cases, Bar-rings, Necklets, Brooches, Bracelets, Lockets, Hair-pins, Scent_Bottles, [Excluding Coral, Corne. Fans, Bangles, Glass Beads, False Pearls, Goldware and Bilverware. } Joists. See Timber. Joss-sticks

Kentledge. See Metals. Ketchup. See Confection-

JUTE..

0250

0 250

Pair

0900

PORT TARIFF] ............ 100 catties 1 350

Horns, Rhinoceros.

"

2000

ery.

Kingfishers'

See Feathers.

Feathers.

Kittysols, or Paper Um-

brellas

Kranjee-wood. See Wood,

Kranjee.

Catty

0 6 5 0 01 5

Free.

[100 catties 0 2 0 0

020

Hundred 050 0

Digitized by

Google

F

CUSTOMS TARIFF

KAMB OF NETTLE.

TARIFY Unit and Duty.

NAME OF ARTICLE.

Per ¡T. m. c. c.

Lacquer, Crude.

Varnish.

See

OF

Lacquered Ware

100 catties 100 0

Laka-wood. See Wood,

Leta.

Lampwicks

Lastings. See Woollen

Manufactures.

0 6 0 0

TARIPE UNIT AND BULS

[T.mc.c

Per

ARRIVAL, ie., OBI- GINAL PRICE plus EX- PENSES POR COMMISSION, FREIGHT, AND OTHER CHARGES. IF THE BI-

PENSES CANNOT BE 45-

CERTAINED, 10 PER CENT. OF THE INVOICE PRICE! ADDED TO THE LATTER CONSTITUTE THE VALUE:

ON WHICH DUTY 18 TO BE CHARGED.

Maizena. See Sago.

Mangrove Bark Manure-cakes,

drette

Marble Slaba

100 catties 0 09-

or

Pon.

0090

"

I

020-0

Marten Skins. See Skins,

Marten.

Massicot. See Lend,

Lead, in Pigs.

tals.

See Me-

See

Lend, in Sheets.

Metals.

Lead, Red (Minium)..............|

Lead, White (Ceruse)

Lead, Yellow (Massicot).

Leather

Leather Articles,

B3

Pouches, Purses..............................

Leather, Green

0 3 5 0

03 50

"

0350

#

04 20

1 5 0

Yellow.

8 0

Masts.

See Timber.

LEATHER,

STRIPS

OF

Ase

}

5 per cent.

{ad valorem

Leather

Trunks.

See

Trunks.

Lemonade.

See Wines.

Leopard

Skins.

Seel

leats,

100 catties 0 200

eign

5 per cent.

Skins, Leopard.

Lichees........

LIGHTS, SHIPS' SIDE,

SOT IMPORTED FOR

EPECIFIED VESSELS

Lily Flowers, Dried Lily Seeds, or Lotus Nuts. Linen and Cotton Mir-

          tures. See Linen. Linen, Coarse, as Linen) and Cotton or Silk and Linen Mixtures, not exceeding 50 yds. long. Linen, Fine, as Irish or Scotch, not exceeding 50 yds. long. Laqueurs. See Wines. Liquorice..

Lockets. See Jewellery,

Foreign.

Long Ells. See Woollen

Manufactures.

Looking-glasses. See Te-

lescopes.

Lotus-nuts. Bee Lily

Seeds.

Lucraban Seed

Lang-ngane

Lang-ngans without the

Stone

Lustres, See Woollen and Cotton Mixtures.

MACHINERY

INCLUDING MACHINERT POR)

GOVERNMENT Docks, ÁRSENALS, ETC. DUTT IS LEVIABLE ON THE COFTİ OF THE MACHINERT AB} LAID DOWN AT ITS PORT]

ad valorem

100 catties 027 0 0 500

Piece

0 200

"3

0 500

100 catties 0135

0035

0 25

0 3

1000

5 per cent. ad valorem

Mats, of all kinds

Matting

Maws, Fish. See Fish

Mawa.

Meal, Indian and Oat..............

Preserved, For-

Including Fish, Fleek, Fowl, Tinned Game of all kinds, Shell-fisk, Patties, Sausages, Caciare, Beef and Pork in caska" for "Shipe. cluding Hams and Salt Fisb.1

[Ex-)

MEDICATED WINES......

IIundred

0200

Roll of

40 yds.

02:00

Free.

"

(5 per cent. ad valorem Free.

Medicines, Foreign

Including Surgical Instru- mente, Photographic Chemi- cale and Apparatus; also Medicines of Foreign origin made up for _Chinese_use" [Excluding Castor Oil, if arriving in quantities of more than 100 catties weight| at a time.]

Medium Cloth. See Wool-

len Manufactures. Melon Seeds

Metals :-

Copper, Manufactured;

as in Sheets, Rods, Nails

Copper,

Unmanufac-

tured, as in Slabs. Copper, Yellow Metal, Sheathing, and Nails Copper, Japan............. Iron, Manufactured, as in Sheets, Rods, Bars, Hoops

Iron, Unmanufactured,

as in Pigs..

Iron, Kentledge.

Iron Wire

INCLUDING TRUSSES TO

BIND SILK BALES, MASU- FACTURED WHOLLY FROM IRON WIRE.

100 catties 0 100

1 500

100 C

0900

"

0604

If in reasonable quantities, when declared to be for the personal use of the applicant, and not for sale

0128

0075

004 0

0250

Digitized by

Google

22

CUSTOMS TARIFF

NAME OF ARTICLE.

Per

TARIFF UNIt and Duty.

T. m. c. c.

NAME OF ARTICLE.

TARIFF UNIT AND DUTI.

Per Catty

T. m. c. c.

09 0

CHINESE

ORIGIN

5 per cent.

[ad valorem

Metals-cont.

IBON PANS OF FOR-1

RIGN ORIGIN OR OF

AND MANUFACTUR- ED BY CHINESE

...

Iron Pans manufactur- ed by Foreigners at Chinese Treaty Ports cannot be imported or exported.

IRON NAILS............................................. IRON HOOPS, OLD

WHEN SHIPPED COASTWISE,

TO BE EXEMPT AT

THE

PORT OF SHIPMENT AND TO BE CHARGED 5 PER CENT. ad valorem Coast TRADE DUtr AT THE PORT OF DISCHARGE.

Lead, in Piga

Lead, in Sheets

Quicksilver

Spelter

Cannot be imported or exported except under Special Autho- rity.

Steel..........

Tin

YUNNAN

TIN MAY

BE

  PASSED COASTWISE AT HALF THE TARIFF RATE ON BEING PROVED TO BE PROPERTY OF PRIVILEGED MINING ASSOCIATION. Tinplates TRUSSES, Metal, to BIND SILK BALES, NOT OF IRON WIRE TRUSSES, METAL,

ΟΤ

IRON WIRE. See Iron WIRE.

Milk, Condensed and Desic-

cated. See Butter.

Millet. See Rice.

Millinery. See Clothing,

Foreign.

Mineral Water. See Wines. Minium. See Load, Red. Mirrors. Bee Telescopes. Mother-o'-pearl Shell Mother-o'-pearl Ware Munitions of War.

Cannot be imported or exported except under Special Autho- rity.

Mushrooms

*

Music. See Articles de

Ménage.

Musical Boxes......

Musical Instruments.

Articles de Ménage.

"

100 catties 0

5 0

"

5 5 0

: :

"

5 per cent. ad

¡ valorem,*

ONOO

2502

5505

0250

1 2 5 0

100 catties] 0 2 0 0 Catty 0100

100 catties 1500

{

5 per cent.

ad valorem

See

Musk Muskets.

Cannot be imported

or exported except| under Special Autho- rity.

Muslins. See Cottons.

Mussels, Dried

100 catties 0 2 0 0

Mustard. See

Confec-

tionery.

Musters. See Samples. Myrrh. See Gum.

Nails, Copper. See Metals. NAILS, IRON. See Metals. Nankeen and Native Cot-l

ton Cloths

INCLUDING COTTONS DYED

IN CHINA.

Narrow Cloth. See Wool-

lens.

Necklets. See Jewellery,

Foreign.

Newspapers, Chinese Nutgalls

Nutmegs

Oil, as Bean, Tea, Wood, Cotton, and Hemp Seed Up to 10 piculs, if reported to

"be for Steamer'a ust: Free. Oil Floor-cloth. See Car-

peting, Foreign,

Oil, Salad. See Confec-

tionery. Oiled Paper

Olibanum. See Gum Oli-

banum.

Olive Seeds

Olives. Unpickled, Salted,

or Pickled.

Opera Glasses. See Teles-

copes.

Free.

1500

[100 catties 0 5 0 0

*

J

2500

080

0450

0 3

0180

OгIUM, FOREIGN†

Tis. 110.00$

Under Special Regula-

tions.

OPIUM, BOILID OR PRE-

PARED

137.605

Under special Regula-

tions.

Orange Peel.

See Peel,

Orange.

OBANGES. See Vegetables.

Orleans. See Woollen

Manufactures.

Orpiment. See Hartall. Otter Skins. See Skins,

Otter.

Oyster Shell, Sea Shells..

Packing Twine. See Sta-

tionery.

Paddy. See Rice. Paint, Green

0090

0450

"

Paintings. See Pictures.

• Ad interim,

† According to the United States Commercial Treaty of November, 1880, citizens of the United States are not allowed to deal in Opium, nor are vessels owned by them, whether employed by themselves or others, nor vessels owned by others but employed by them, allowed to carry Opium.

Tis. 90.0.0.0 Tariff Duty, Tls. 80.0.0.0 Lilin. Tie. 37.5.0.0 Tarif Duty, Tis. 100,0,0,0. Likin.

Digitized by

Google

CUSTOMS TARIFF

23

NAHR OF ARTICLE.

TARIFF UNIT AND DUTY.

NAME OF ARTICLE.

TARIFY UNIT and Duty,

Palampore, or Cotton Bed

Quilts

Per

Hundred

T. m. c. c.

Per

‚,T. m. c. c.

275 0

PIPES, WHITE METAL

800 Cop

Palm-leaf Fans. See Fana,

Palm leaf.

        PANE, IRON. See Metals. Paper. See Stationery, Paper, 1st Quality.

INCLUDING WEISING LOT- TEET BOOKS AND ALL OXINESE BOOKS, WITH TEX EXCEPTION OF BOOKS ETHER OFFICIALLY PRO- VIDED OR PURCHASED FOR CHINESE PUBLIC INSTITUTIONS. BOOKS

         CIRCULATED BY MISSION- ARIES OR DEALT IN BY

ORDINARY

BOOKSELLEES

CHINESE

ABB TO

Pay Duty. Chinese News-

papers · Free,

Paper, 2nd Quality

PAPER, BLACK TINSEL.

Paper, Oiled. See Oiled

Paper.

Paper Umbrellas. See

Kittysols.

Padry. See Confectionery.

Patties. See Meats.

Peacocks' Feathers.

Feathers.

PEARL BARLET

Pearls, False

Peas. See Beans.

Perl, Orange

See

Peel, Pumelo, 1st Quality Peel, Pamelo, 2nd Quality Pencil Cases. See Jewel-

lery, Foreign.

Pencils, Foreign

See Sta-

tionery.

tonery.

Pens, Foreign. See Sta-

Pepper, Black..

Peoper, White

Pepper, Foreign. See Con-

Peppermint Leaf

100 catties 0 7 0 0

5 per cent.

ad valorem

100 catties 200

0300 045 0

"

0 1

"

*

0 3 6 0 0500

fectionery.

Peppermint Oil

0 1 0 0 3500

Free.

Excluding Mu-k.

S0.4

Personal Baggage.

Household Stores

Pewterware. See Copper-

ware.

Photographic

Apparatus.

See Medicines.

Photographic Chemicals.

See Medicines. Fickled Olives. See Olives. Fella. See Fegetables. Pictures and Paintings..... Fictures on Pith or Rice

Paper

Fig Iron. See Metals. Files. See Timber. PUKAPPLES. See

tabler.

Figs. See Cigars.

Vege-

Each 0100

Hundred 0100

(INFERIOR).

perware and Pewter-

ware.

Pistols.

Cannot

be imported

of

exported except

under Special Autho-

rity.

Pith Pictures. See Pic-'

tures.

Planks. See Timber.

Plaster of Paris.

Gypsum.

See

Free.

See Silk

Plated Ware, Foreign ...... Poles. See Timber.

Pongees, Silk.

Piece Goods.

Porcelain, Foreign. See

Glassware.

Pork. See Meats, Pre-

served, Foreign. Portfolios. See Stationery. Pottery, Earthenware

INCLUDING Coarse ChiNA- WARE OF THE VALUE OF Ti 1 To Tia. 1.50 PRE PICUL EXPORTED FROM. PAKHOI ; BUT NOT IX. CLUDING SWATOW NATIVE CHINA-WARE.

Pouches, Leather. See

Leather Articles.

Poudrette. See Manure-

cakes.

Prawns, Dried

Presents. See Curiosities. Preserves, Comfits, and

Sweetmeats........

Printed Cottons. See Cot-

ton Piece Goods. Printing Presses. See Sta-

tionery.

Pamelo Peel. See Peel,

Pumelo.

PUXELOES. See Vegetables Purses, Lash.

Leather Articles,

Putchuck

100 catties 0 0 50

0 360

0 600

"

Sad

0 6 0 0

Quicksilver. See Metals, Quiltings. Bee Cotton

Piece Goods.

Quilts, Cotton. See Pa-

lampore.

Rabbit Skins,

Rabbit.

See Skins,

Racoon Shing. See Skins,

Racoon.

Rags, Cotton.

ton Rags.

See Cot-

Raisins. Se Voj tables. Raspberry ' neg :.

Wines.

Rattans

Rattans, Split......................... Rattanware .............

Seel

Red Tape. See Stationery. Red-wood. SeeWood, Red.

- འ མ

1 5 0

0 250

0300

Digitized by

Google

CUSTOMS TARIFF

Kanz or ARTICLE.

Hoceros Hides. Seal

Hides, Rhinoceros. Hinoceros Horns. See

Borns, Rhinoceros.

See Silk.

Babarb

Ebons, Silk.

IMHONE, SILK, INTEB-

WOVEN WITH IMITA-

TION GOLD OR Sit-

WIR THREAD

ce or Paddy, Wheat,

TARIFF UNIT AND DUTY.

Per [T. m. c. c.

100 catties 1 250

100 catties 18 0 0 0

or

5 per cent.

ad valorem optional.

Hillat, & other Grains. 100 catties 0100

Duty free on importa-

tion from abroad. Can anly be exported un- der Bond to Chinese Porta Native Grain is to pay Export Duty at port of shipment and Coast Trade Duty at port of discharge, and leaving Yangtsze Ports by river_stes- mers, Coast Trade Duty is to be deposited in advance. Foreign Grain not landed may he re-exported to Fo- reign Countries. Fo- reign Grain re-export- ed to Chinese Ports must pay Export Duty. Bee Paper Pictures. See

Pictures.

Cannot be imported orj

exported except un- Her Special Authority.

Wings, Foreign. See Jewel-

Mary, Foreign.

Essa Maloes

of Hair or Skin

Saddlery. See Articles de

Hénage.

Manage.

See Articles de

NAME OF ARTICLE.

TARIFY UNIZz and Dott.

Per

{T. m. c. 6.

SATINET, OR FRENCH

SATEEN, WITH A CоT- ( [5 per cent. ad valorem

TON WAEP AND A SILK WEFT. Sauces. See Confectionery. Sausages. See Meats. Scarves. See Silk Piece

Goods.

Scent Bottles. See Jewel-

lery, Foreign.

Scientific Instruments. See

Articles de Ménage.

Sea Otter Skins. See

Skins, Sea Otter.

Sea Shells. See Oyster

Shell.

Seahorse Teeth..

100 catties! 2 0 0 0

Sealing Wax.

See Sta-

tionery.

Seasonings.

See Confec-

tionery.

Seaw-ed

SEAWEED, RUSSIAN, SU-j

PERIOR..... SEAWEED, Kussian, In-

FERIOR.......................

Beltser Water. See Wines. Sesamum Seed............ Sharks' Fins, Black..... SHARKS' FIns, Clari-

FIED

Sharks' Fins, White..... Sharks' Skins......

Shawls, Silk. See Silk

Piece Goods.

1 0 0 0

Shell-fish,

Each

0 0 90

Meats.

Free.

་་་་

Betuwing Arrow-toon Cars-

Sour, Maicena,

Trade in, prohibited. BB Fish. See Fish, Salt. Salted Olives. See Olives. Halt, Table. See Confec-

sery. Saltpetre.......

Cannot be imported or exported except un- dar Special Authority. Muuples and Musters of foods for sale, in reason- able quantities

EXCESS OF REASONABLE QUANTITY TO PAY TARIFT DUTY.

100 catties 0 5 0 0

Free.

Tinned. See

Ships' Stores. See House-

hold Stores.....

Shirtings.

See Cotton

Piece Goods.

SHIRTINGS DYED IN CHINA.

See Nankeen and Native Cotton Cloths. Shirtings, Spotted. See

Cotton Piece Goods. Shoes and Boots, Loa'ner

or Satin

Shoes, Foreign. See Cloth-

ing, Foreign. Shoes, Straw Shot.

Cannot be imported or exported except un- der Special Authority, SIDE LIGHTS, SHIPB'`

NOT IMPORTED FOR

"

0150

0 15 0

"

010

32

**

5 per cent. [ad valorem

0 1 0 5 0

100 catties 15 00 Hundred 2000

Free.

100 pairs 3 0 0 0

15 per cent.

[ad valorem!

0 18 0

SPECIFIED VESSELS....

..........................100 catties 0 1 5 0

Silk:-

INCLUDING JAPANESE

WINE. See Wines, Fo-

reign.

ndalwood.....

andalwoodware.

Catty

0400 0100

mwood

100 catties 0 1 0 0

Bee Silk Piece

Raw and Thrown.................... 100 catties|10 0 0 0

Yellow, from Szechuen

Beeled from Dupions... Wild Raw................................................ Refuse......................................................

Cocoons

7000

5000

2500

100

**

800

Goods.

Digitized by Google

CUSTOMS TARIFF

SAKE OF ARTICLE.

TAXIFY UNIT AND DUTY.

NAME OF ASTICLE.

Per

\T. m. c. c.

per cent. [ad_valoremİ

10 0 0 0

22

10 0 0 0

23

Silk:----cont.

Cocoons, REFUSE.........

Cocoon SKINB (SHELLS) Floss, Canton............. Floss, from other pro-

viares..

Bibbons and 'l'hread.......... RIBBONS, INTERWOVEN| WITH IMITATION GOLD OR SILVER THREAD. See RIB- BONS, SILK, etc. Piece Goods, viz., Pon- gees, Shawls, Scarves, Crape, Satin, Ganse, Velvet, and Embroi-

[100 catties 48 0

dered Goods

Piece Goods--Szechuen,

Shantung

Tassels

Caps.....

12 0 0

2

4500

10 0 0 0

Hundred

0900

5 5 0

Silk and Cotton Mixtures 100 catties

NOT INCLUDING FRENCH

SATKEN OR SATINET.

Silk and Linen Mixtures.

See Linen.

Silver Thread, Imitation.Į

Catty

00

Silver Thread, Real........

13 0 0

"

J

0550

Silverware and Goldware.100 catties 10 0 0 0 Sinewn, Buffalo and Deer. Skin Rugs. See Rugs. Skins, Beaver...........

Stins, Doe, Hare, and

Rabbit ..................... Skins, Fox, Large.. Skins, For, Small.....

Hundred 500

O

J

Skins, Land Otter....

Hundred

0500 Each 0150 0075 2000

Skins, Marten............

Each

015

Skins, Raroon

Hundred

200

Skina, Sea Otter....

Each

Skins, Squirrel....................

Hundred

Each

1500 050 0 1

Skins, Tiger and Leopard Bleeve Links. See Jewel

lery, Foreign.

Smalt...

Snuff, Native

Saud, Foreign.....................

Somy, Foreign...........

SOAP, CHINESE

Soda-water. See Wines. Boy...

Spanish Stripes. 8se Wool-

len Manufactures

Spara. See Timber.

100 catties 1500 0800 7200

"

Free. 5 per cent

ad valorem

[100 catties 0 4 0 0

Spelter, Ses Metals.

Spices. See Confectionery.

Spirits. See Wine.

Free.

Spy Glasses. 8ee Teles-

copes.

Squirrel.

Squirrel Skin 3. See Skins,

Stationery, Foreign......

[noinding&Pens, Pencils, Ink,

"Blotting Paper, Gum,

Presses. Printing Presses, Type, Despatch Bores, Red Tape, Portfolios, Packing Toine. [Excluding Chinese Paper, Indian Ink, and| CHINES Books.] Steel, See Metals. Sticklac.......

Stock-fish

Including Dried Fish. Stoves. Sce Articles de

Ménage.

Straw Braid..

Straw Shoes. See Shoes,

Straw.

Studs. See Jewellery, Fo-

reign.

Sugar, Brown (Nos. 1 ro 10 INCLUSIVE, DUTCH STANDARD)

Sugar Candy

Sugar, White (Nos. 11 AND UPWARDS, DUTCH STANDARD)..................................

Sulphur and Brimstone. Cannot be imported or exported except un- der Special Authority. Surgical Instruments.

Medicines. Sweetmeats.

serves.

Tallow, Animal,

See]

See Pre-

Tallow, Vegetable...

Tassels, Silk. See Silk,

Tassels.

T-Cloths. See Cotton Piece

Gooda.

Tea, Black and Green........ TZA, BRICK

NO TRANSIT Dues are TO BE LEVIED ON BRICK TEA MADE FROM Hua- hsiang-ch'a-mo, BOUGHT IN HANKOW, AT TIME OF EXPORT FROM HANKOW, TRA DUST, NOT EXCEED- ING Hk. Tls. 10 PRE

PICUL IN VALUE AND SHIPPED FOR A CHINESE port; Tea Dust ship- PED POR A FOREIGN PORT, OR FOR A CHINESE PORT IF EXCEEDING Hk. Tis 10 PEE PICUL IN VA-| LUE, TO PAY AS TEA...... TEA, LOG; VARIETIES:

CH'IEN LIANG..........

PAI-LIANG KUNG-CHIRN| PAI-LIANG T′IEN-CHIEN PAI-LIANG CHING-CHIEN TEA-CHESTS, ok Mate- RIALS FOR MAKING TRA-CHESTS............. Tea-chests, or Materials for making Tea-chests, ex- ported to another Treaty Port for use in packing

Free.

Tea

TARIFY UNIT AND DONE.

}T. m.

Per

100 catties 0 3 818

0 $

JJ

0 700

0

0 2

"

..

250€ 0604

1 2 3

"

"

"

08 100

5 per cent. [ad"^_valorem

Free.

Sealing Waz,

Copying

Digitized by

Google

26

NAME OF ARTICLE.

CUSTOMS TARIFF

TARIFF UNIT and Duty.

NAME OF ARTICLE.

TA IPF UNit and DutY.

Per

(T. m. c. c.

Per

\T. m. c. c.

See

Each

0030

TEA-BOX

WOOD

Box.

BOARDS. BOARDS, TEA-

Tea Oil. See Oil.

Teak-wood. See Timber.

Telegraph Material for Chi-

nese Government Tele-

graphs......

EXCLUDING

MATERIAL

TELEGRAPH

FOR OTHER

THAN CHINESE GOVERN- MENT TELEGRAPHS,

Telescopes, Spy and Opera Glasses, Look- ing-glasses and Mir-

rors..

Thread, Cotton. See Cot-

ton Thread.

Thread, Gold. See Gold

Thread.

Thread, Silk. See Silk|

Timb-r--cont.

Piles, Poles, and Joists.

To COMPREHEND SOFT

WOOD POLES OF ANT LENGTH,

Tin. See Metals.

Tinder.....

Tin-foil.

Free.

Tinned Meats.

5 per cent. ad valorem

Thread.

Tiger Skins.

See Skins.

Tiger.

Tigers' Boncs..

100 catties 1 5 5 0

Timber:-

See Meats.

Tinplates. See Metals.

TINSEL PAPER, BLACK.. {

Tobacco, Foreign.....

EXCLUDING JAPANESE TO- See Tobacco,

BACCO.

Prepared. Tobacco, Leaf.. Tobacco. Prepared.

Excluding Foreign_Tobacco,

BUT INCLUDING JAPAY 188| TOBACCO, except when im- ported by Japanese officials or merchants, for private] use, up to Wculties at a time. Tortoiseshell Tortoise-shell, Broken Tortoiseshellware Trunks, Leather

TKUSSES, METAL. See

Metals, Iron Wire; Metals, TRUSSES.

100 catties 0 3 5 0

"

5 per cent. ad valorem Free.

1 2 5 0

100 catties 0 1 5 0 0450

"

Catty

0250 0072

""

0200

"

100 catties 1600

Masti and Spars, Hard-

wood, not exceeding 40 ft...

Masts and Spars, Hard- wood, not exceeding

60 ft.

Masts and Spars, Hard- wood, exceeding 60 ft. Masts and Spars. Soft- wood, not exceeding 40 ft.

Masts and Spars, Soft- wood, not exceeding 60 ft. Maste and Spars, Soft-

wood, exceeding 60 ft. Beams, Hard-wood, not exceeding 26 ft. long and under 12 ins. square

BEAMS OTHER THAN

SQUARE..

BEAMS, SOFT-WOOD, i.e., PLANKS OVER 6ING. IN THICKNESS Planks, Hard-wood, not exceeding 24 ft. long. 12ins. wide, and 3 ins. thick.. Planks, Hard-wood, not exceeding 16 ft. long, 12 ins. wide, and 3 ins. thick....... PLANKS, SOFT-WOOD. Planks, Teak...

Each

40

Jurmeric

0100

Turnips, Salted

0180

"

6000

Twine, Hemp, Canton

0150

1

Twine, Hemp. Soochow...

0500

10 0 0 0

Type. See Stationery.

Each

0085

2000

"

500

5 per cent.

[ad valorem

or Tariff

Duty, optional.

5 per cent. [ad valorem

6 5 0 0

0150

Hundred 3500

"

5 per cent. ad valorem

2000

Cubic foot] 0 0 3 5

Umbrellas

Umbrellas, Paper. Sce

Kittysols.

UNION CLOTH. See Wool-

len

Manufactures

Spanish Stripes, In-

ferior.

Varnish, or Crude Lacquer 100 catties 0 5 0 0 Vegetables, Preserved, "Fo-

reign

Including Foreign Fruits.] Fresh and Preserved, Pick- les, Chutneys, Raisins, Chi- mese Freak Fegetables and Fresh Fruits. ~[Excluding Olives, Dates, Almonde, Chestnuts, Ground-nuts, Lichees, Lang-ngans, Gar- lic, Mel n Seeds, Mush- rooms, Fungus, Salted Tur. nips, ORANGES, Cumquats, CITRONE, PUMELONS, Cocoa-NUTS, AND Pur- APPLES.]

Velvets. Bee Silk.

Velveteena. See Cottons. Velvets, not exceeding 34

yds, long Vermicelli.............

Vermillion

Vessels broken up in port,

Materials from*

Must be certified by Consul to be condemned and sold] in port.

* See also Graz, Sztro'

Digitized by

Free.

Piece

100 catties 0 18

"

Free.

Google

CUSTOMS TARIFF

NAME OF ARTICLE,

TAKIPT UNIT And Dety.

NAME OF ARTICLE.

Per

\T, m. c. c.

27

TARIYP UNIT and Dory,

Wood, Laka......

Wood, Red..

WOOD BOARDS, TEA-

BOX, LF EXPORTED TO A FOREIGN COUNTRY.

Wood, Oil.

See Oil.

Wood, Piles. Poles, and Joists. See Timber, Piles, etc.

Per T. m. c. c. 100 catties 0 1 4

01 16

>

5 per cont. [ad valorem|

Pree.

Woodware

Wool.

-] 5 per cent.

VESSELS WRECKED, MA- ad valorem

TERIALS FROM ..................***

If wrecked in port : Free off Import Duty, but liable to Export and Coast Trade Duty.

Vessels wrecked within the

       harbour limits, export cargo relanded

Vinegar. See Confectionery. Vitrified Ware. See Glass-

ware.

Watch Chains, Foreign. See

Jewellery, Foreign.

WATCHES

Watches....

Watches, émaillées

5 per cent.

[ad valorem

or Tariff Duty, optional, Pair

1 0 0 0

4 5 0 0

"

See Bees-

perles

War, Bees.

VAL

        Wax, Japan.. War, White, or Insect... WEISING LOTTERY BOOKS.

8 Paper, 1st Quality. Wheat. See Rice. White Wax. See War,

White.

Window Glass. See Glass,

Window.

Wines, Foreign..

Including Beer, Spirits, Fo- reign Bitters, Liqueuri Cor-| dals, Raspberry Vinegar, Soda, Seltzer, and Mineral Waters,

Lemonade,

etc.

        (Excluding Samshu and Chinese Wine;

ALMO JA-

PAN26R WINE, except when imported by Japanese offi- tials or merchants, for pri- vete ass, up to 20 caities st a time.]

WIYES, MEDICATED.....

Wood, Camagon

Wood Ebony...

Wood, Fragrant. Wood, Garoo.....

{

Wood, Kranjee. 35 ft. long,

1 ft. 8 ins. wide, and

1 ft. thick................................................

[100 cafties] 0 6 5 0 1 5 0 0

Free.

5 per cent.]

[ad valorem

100 catties) 0 0 3

**

4

33

*

Each

0 1 5 0

0800

WOOL, CAMELS'................

Woollen and Cotton Mix-

tures, viz., Lustres,

Plain and Brocaded,

not exceeding 31 yds. long..

Woollen Manufactures⭑

Blankets..

Broadcloth and Spanish Stripes, Habit and Medium Clotù, 51 to 64 ins, wide Long Ells, 31 ins. wide Camlets, English, 31

ins. wide..... Camlets, Dutch, 33 ins.

wide.

Camlets, Imitation, and

Bombazettes.. Cassimeres, Flannel, &

Narrow Cloth..... Lastings, 31 ins, wide.. Lastings, Imitation, & Orleans, 34 ins. wide. Bunting, not excee‹ling| 24 ins. wide and 40 yds. long..

Spanish Stripes, Infe-

rior....

INCLUDING UNION CLOTH,

Woollen, Yarn... WRECKS, MATERIALS

FROM. See VESSELS WRECKED, ETC.

100 catties] 1 1 50

03 50

**

15 per cent. ad valorem

Yarn, Cotton. See Cottons! Yarn, Woollen. See Wool-]

len Yarn.

Yellow Metal. See Me-

tals. Copper, etc.

Piece

0 200

Pair

0 200

"

Chang

0 1 2 0 0045

"

0 0 5 0

"

0100

0 0 3 5

"

0040

0060

0 0 3 5

"

Piece

0 200

Chang

0 1 0 0

100 catties 3 0 0 0

• PROPORTIonath Duri 18 TO BE CHARGED ON BX RA WIDTH IN WOOLLENS

Digitized by

Google

RULES

RULE I.-Unenumerated Goods.--Articles not enumerated in the list of exports, enumerated in the list of imports, when exported, will pay the amount of duty against them in the list of imports: and, similarly, articles not enumerated in the list of imports, but enumerated in the list of exports, when imported, will pay the amount of duty set against them in the list of exports.

 Articles not enumerated in eit! er list, nor in the list of duty-free goods, will pay að valorem duty of 5 per cent., calculated on their market value.

RULE II-Duty free goods.-Gold and silver bullion, foreign coins, flour, Indian meal, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery, foreign clothing, jewellery, plated-ware, perfumery, soap of all kinds, charcoal, frewood, candles (foreign), tobacco (foreign), cigars (foreign), wine, beer, spirits, Household stores, ship's stores, personal baggage, stationery, carpeting, druggeting, eutlery, foreign medicines, glass, and crystal ware.

    The above pay no import or export duty, but if transported into te interior will, with the exception of personal baggage, gold and silver bullion, and foreign coins,

■y a transit duty at the rate of 21 per cent. ad valorem.

    A freight or part freight of duty-free commodities (per-onal baggage, gold and silver bullion, and foreign coins excepted) will render the vessel carrying them, though no other cargo be on board, liable to tonnage dues.

    RULE III.-Contraband Goods.--Import and export trade is alike prohibited iu the following articles: Gunpowder, shot, cannon, fowling-pieces, rifles, muskets, pistols, and all other munitions and implements of war; and salt.

    RULE IV.- Weights and Measures.-In the calculation of the Tariff, the weight of a picul of one hundred catties is held to be equal to one hundred and thir'y-three and one-third pounds avoirdupois; and the length of a clang of ten Chinese feet, to Ge equal to one hundred and forty-one English inches.

    Une Chinese chih is held to be equal to fourteen and one-tenth inches English; and four yards English, less three inches, to equal one chang.

    RULE V-Regarding certain Commodities heretofore Contraband.-The restrictions affecting trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre, and spelter are relaxed, under the following conditions :-

1.-*Opium will henceforth pay thirty taels per picul import duty. The importer will sell it only at the port. It will be carried into the interior by Chinese only, and sly as Chinese property; the foreign trader will not be allowed to accompany it. The provisions of Article IX. of the Treaty of Tientsin, by which British subjects are authorized to proceed into the interior with passports to trade, will not extend

, nor will those of Article XXVIII. of the same treaty, by which the transit dues are regulated. The transit dues on it will be arranged as the Chinese Government ace fit; nor in future revisions of the Tariff is the same rule of revision to be applied to opium as to other goods.

2.-Copper Cash.-The export of cash to any foreign port is prohibited; but it aball be lawful for British subjects to ship it at one of the open ports of China to atrother, en compliance with the following regulation:-The shipper shall give notice of the amount of cash he desires to ship, and the port of its destination, and shall bind himself, either by a bond with two sufficient sureties, or by depositing such other

• For duty as Oplam sve Convention signed in 1807

Digitized by Google

CHINESE CUSTOMS TARIFF-RULES

security as may be deemed by the Customs satisfactory, to return, within six months from the date of clearance, to the collector at the port of shipment, the certificate, ised by him, with an acknowledgment thereon of the receipt of the cash at the port of destination by the collector at that port, who shall thereto affix his seal; or failing the production of the certificate, to forieit a sum equal in value to the cash shipped. Cash will pay no duty inwards or outwards; but a freight or part freight of cash, though no other cargo be on board, will render the vess 1 carrying it liable to pay tonnage dues.

       3.-The export of rice and all other grain watsoever, native or foreign, no matter where grown or whence imported, to any foreign port, is prohibited; but these commodities may be carried by British merchants from one of the open ports of China to another, under the same conditions in respect of security as cash, on payment at the port of shipment of the duty specified in the Tariff.

No import duty will be leviable on rice or grain; but a freight or part freight of rice or grain, though no other cargo be on board, will render the vessel importing it liable to tonnage duer.

         * The export of pulse and beancake from Tung-chau and Newchwang, under the British flag, is prohibited. From any other of the ports they may be shipped, on payment of the tariff duty, to other ports of China, or to foreign countries.

5.-Saltpetre, sulphur, brimstone, and spelter, being munitions of war, shall not be imported by British subjects, save at the requisition of the Chinese Government, or for sale to Chinese duly authorized to purchase them. No permit to land them will be issued until the Customs have proof that the necessary authority has been given to the purchaser. It shall not be lawful for British subjects to carry these commodities up the Yang-tsze-kiang, or into any port other than those open on the seaboard, nor to accompany them into the interior on behalf of Chinese. They must be sold at the ports only, and except at the ports, they will be regarded as Chinese property.

        Infractions of the conditions, as above set forth, under which trade in opium, cash, grain, pulse, saltpetre, brimstone, sulphur, and spelter may be henceforward carried on, will be punishable by confiscation of all goods concerned.

        RULE VI.-Liability of Vessels entering Ports.-To the prevention of misunder standing, it is agreed that the term of twenty-tour hours, within which British vessels must be reported to the Consul under Article XXXVII of the Treaty of Tientsin, shall be understood to commence from the time a British vessel comes within the limits of the port; as also the term of forty-eight hours allowed her by Article XXX. of the mame Treaty to remain in port without payment of tonnage dues.

The limits of the ports shall be defined by the Customs, with all consideration for the convenience of trade compatible with due protection of the revenue; also the limits of the anchorages within which lading and discharging is permitted by the Customs; and the same shall be notified to the Consul for public information.

RULE VII.-Transit Dues.-It is agreed that Article XXXVIII. of the Treaty of Tientsin shall be interpreted to declare the amounts of transit dues legally leviable upon merchandise imported or exported by British subjects, to be one-hal' of the tariff duties, except in the case of the duty-free goods liable to a transit duty of 24 per cent. ad valorem, as provided in Article II. of these Rules. Merchandise shall be cleared of its transit dues under the following conditions :

In the case of Imports.-Notice being given at the port of entry, from which the Imports are to be forwarded inland, of the nature and quantity of the goods, the ship from which they have been landed, and the place inland to which they are bouni,

• NOTIFICATION

Buitisa Consulate, Shanomai, 24th March, 1865

        Article IV. of Rale No. 5 appended to the Tariff of 1868 is rescinded. Fuise and bean-oako may be henceforth exported from Tungohow and Newchwang, and from all other ports in China - by Treaty, on the same terms and conditions as are applied to other Native produce by the Begulations bearing data the 8th December last; that is to say, they may be shipped on payment of Taria duty at the p it of shipment, sed diss Shangad at any Chivers port sa payment of half-duty, with power to claim drawback of the half-daty Tré-ersonag

By order, WALTER B. MEDHURST, #bhan',

Digitized by

Google

10

CHINESE CUSTOMS TARIFF-RULES

with all other necessary particulars, the Collector of Customs will, on due inspection made, and on receipt of the transit-duty due issue a transit-duty certificate. This must be produced at every barrier station, and viséd. No further duty will be leviable upon imports so certificated, no matter how distant the place of their destination,

In the case of Exports.-Produce purchased by a British subject in the interior will be in pected, and taken account of, at the first barrier it passes on its way to the fort of shipment. A memorandum showing the amount of the produce and the port at which it is to be shipped will be deposited there by the person in charge of the produce; he will then receive a certificate, which must be exhibited and vised at every barrier on his way to the port of shipment. On the arrival of the produce at the barrier nearest tle port notice must le given to the Customs at the part, and the transit-dues due thereon being paid, it will be passed. On exportation the produce will pay the tariff-duty.*

Any attempt to pass goods inwards or outwards otherwise than in compliance with the rule here laid down will render them liable to confiscation.

     Unauthorised sale, in transitu, of goods that have been entered as above for a port will render them liable to confiscation. Any attempt to pass goods in excess of the quantity specified in the certificate will render all the goods of the Fame- denomination, named in the certificate, liable to confiscation. Permission to export produce, which cannot be proved to have paid its transit-dues, will be refused by the Customs until the transit-dues shall have been paid. The above being the arrange- ment agreed to regarding the transit-dues, which will thus be levied once and for all, the notification required under Article XXVIII. of the Treaty of Tientsin, for the information of British and Chinese subjects, is hereby dispensed with.

     RULE VIII.-Peking not open to Trade.-It is agreed that Article IX. of the Treaty of Tientsin shall not be interpreted as authorisi g British subjects to enter the capital city of Peking for purposes of trade.

    RULE IX.. Abolition of the Meltage Fee.-It is agreed that the percentage of one tael two mace, hitherto charged in excess of duty payment to defray the expenses of melting by the Chinese Government, shall be no longer levied on British subjects.

KULE X.-Collection of Duties under one System at all Ports.-It being by Treaty at the option of the Chinese Government to adopt what means appear to it best suited to protect its revenue accruing on British trade, it is agreed that one uniform system shall be enforced at every port.

     The high officer appointed by the Chinese Government to superintend foreign trade will, accordingly, from time to time, eitt er himself visit, or will send a deputy to visit the different ports. The said high officer will be at liberty, of I is own choice, and independently of the suggestion or nomination of any British authority, to select any British subject he may see fit to aid him in the administration of the Customs revenue, in the prevention of smuggling, in the definition of port boundaries, or in discharging the duties of hari our master; also in the distribution of lights, luoys, beacons, and the like, the maintenance of which shall be provided for out of the tonnage-dues.

     The Chinese Government will adopt what measures it shall find requisite to prevent smuggling upon ti e Yang tsze-kiang, when that river shall be opened to

trade.

     Done at Shang! ai, in the province of Kiang-su, this eighth day of November, in the year of our Lord eighteen hundred and fifty-eight, being the third day of the tenth moon of the eight year of the reign of Hien Fung.

(L.B.)

(L.B.)

ELGIN AND KINCARDINE.

SIGNATURES OF FIVE CHINESE PLENIPOTENTIARIES..

* See Chefoo Convention, Section III, Article 4

Digitized by Google

RULES FOR JOINT INVESTIGATION IN CASES OF CONFISCATION

AND FINE BY THE CUSTOM HOUSE AUTHORITIES *

Agreed to and Promulgated by the British Minister at Pking, 31st May, 1868

         ROLE I.-It shall be the Rule for all business connected with the Custom House Department to be in the first instance transacted between the Commissioner of Customs and the Consul, personally or by letter; and procedure in deciding cases shall be taken in accordance with the following Regulations.

       RULE II.--Whenever a ship or goods belonging to a foreign merchant is seized in a port in China by the Custom House officers, the seizure shall be reported without delay to the Kien-tub, or Chinese Superintendent of Cust ›ms. It he considers the seizure justifiable, he will depute the Siwui-wu-sze, or foreign Commissioner of Customs, to give notice to the party to whom the sip or goods are declared to belong that they have been seized be ause such or such an irregularity has been committel, and that they will be confiscated, unless, before noon on a certain day being the sixth day from the delivery of the notice, the Custom House authorities receive from the Consul an offic al application to have the cise fully investigated.

      The merchant to whom the s ip or goods blong, if prepared to maintain that the alleged irregularity has not been committed, is fre: to appeal, wit in the limite time, directly to the Commissioner, who is to inform the Superintendent. If sati tied with his explanation, the Superintendent will direct th release of the ship or goods; otherwise, if the merchant elect not to appeal to the Customs, or if after receiving his explanation, the Superintendent still declines to release th› ship or goods, he may appeal to his Consul, who will inform the Superinten leat of the particulars of this appeal, and request him to name a day for them both to investigate and try the case publicl..

BULE III.-The Superintendent, on receipt of the Consul's communication, will name a day for meeting at the Custom House; and the Consul will direct the merchant to appear with his witnesses there on the day named and will himself on that day proceed to the Custom House. The Superintendent will invite the Consul to take his seat with him on the bench; t'ie Com uissioner of Customs will also be seated to aasist the Superintendent.

Proceedings will be opened by the Superintendent, who will call on the Custome employés who seized the ship or good to state the circumstances which occasioned the seizure, an l will question t'hem as to their evidence. Whatever the merchant may have to advance in contradiction of their evidence he will state to the Consul, who will cross-examine them for him. Such will be the proceedings in the interest of truth and equity. The Consul and Superinten lent may, if they see fit, appoint deputies to meet at the Custom House in their steal, in which case the order of proceeding will be the same as if they were present in person.

BULE IV.-Notes will be taken of the statements of all parties examined, a copy of which will be signed and sealed by the Consul and Superintendent. The room will then be cleared, and the Superintendent will inform the Consul of the course he proposes to pursue. If he proposes to confiscate the vessel or goods, and the Consul dissents, the merchant may appeal, and the Consul having given notice of the appeal to the Superintendent, they will forward certified copies of the above notes to Peking, →the former to his Minister, and the latter to the Foreign Office-for their decision.

If the Consul agrees with the Superintendent that the ship or goods ought to be confiscated, the merchant will not have the right of appeal; and in no case will the release of ship or goods entitle him to claim indemnity for their seizure, whether they be released after the investigation at the Custom House, or after the appeal to the high authorities of both nations at Peking.

       RULE V. The case having been referred to superior authority, the merchant interested shall be at liberty to give a bond, binding himself to pay the full value of

* Substituted for the Rules agreed upon in 1865 between the (Minese Government and Her Britannic

Majesty's Planipotentiary

Digitized by Google

RULES FOR JOINT INVESTIGATION

the ship or goods attached should the ultimate decision be against him; which bond being sealed with the Consular seal, and deposited at the Custom House, the Super- intendent will restore to the merchant the ship or goods attached; and when the superior authorities shall have decided whether so much money is to be paid, or the whole of the property seized be confiscated, the merchant will be called on to pay accordingly. If he decline to give the necessary security, the ship or merchandise attached will be detained. But whether the decision of the superior authorities be favourable or not, the appellant will not be allowed to claim indemnity.

RULE VI. When the act of which a merchant at any port is accused is not one involving the confiscation of ship or cargo, but is one which, by Treaty or Regulation, is punished by fine, the Commissioner will report the case to the Superintendent, and at the same time cause a plaint to be entered in the Consular Court. The Consul will fix the day of the trial, and inform the Commissioner that he may then appear with the evidence and the witnesses in the case. And the Commissioner, either personally or by deputy, shall take his seat on the bench, and conduct the case on behalf of the prosecution.

if

   When the Treaty or Regulations affix a specific fine for the offence, the Consul shall on conviction give judgment for that amount, the power of mitigating the sentence resting with the Superintendent and Commissioner. If the defendant is acquitted, and the Commissioner does not demur to the decision, the ship or goods,

any

be under seizure, shall at once be released, and the circumstances of the case be communicated to the Superintendent. The merchant shall not be put to any expense by delay, but he shall have no claim for compensation on account of hindrance in his business, for loss of interest, or for demurrage. If a difference of opinion exist between the Commissioner and Consul, notice to that effect shall be given to the Superintendent, and copies of the whole proceedings forwarded to l'eking for the consideration of their respective high authorities, Pending their decision, the owner of the property must file a bond in the Consular Court to the full value of the pro- posed fine, which will be sent to the Custom House authorities by the Consul, and the goods or ship will be released.

RULE VII-If the Custom House authorities and Consul cannot agree as to whether certain duties are leviable or not, action must be taken as Rule V. directs, and the merchant must sign a bond for the value of the duties in question. The Consul will affix his seal to this document, and send it to the Custom House autho rities, when the Superintendent will release the goods without receiving the duty; and these two functionaries will respectively send statements of the case to Peking,- one to his Minister, the other to the Foreign Office.

   If it shall be decided there that no duty shall be levied, the Custom House authorities will return the merchant's hond to the Consul to be cancelled; but if it be decided that a certain amount of duty is leviable, the Consul shall requi e the merchant to pay it in at the Custom House.

RULE VIII.-If the Consul and the Custom House authorities cannot agree as to whether confiscation of a ship, or a cargo, or both of them together, being the property of a foreign merchant, shall take place, the case must be referred to Peking for the decision of the Foreign Office and the Minister of his nation. Pending their 'decision, the merchant must, in accordance with Rule V., sign a bond for the amount, to which the Consul will affix his seal, and send it for deposit at the Custom House. As difference of opinion as to the value of ship or goods] may arise, the valuation of the merchant will be decisive; and the Custom House authorities may, if they see fit, take over either at t e price aforesaid.

If after such purchase it be decided that t'e property seized ought to be confiscated, the merchant must redeem his bod by paying in at the Custom House the original amount of the purchase-money. If the decision be against confiscation, the bond will be returned to the Consul for transmission to the merchant, and the 'case then be closed. The sum paid by the Custom House authorities for ship or goods being regarded as their proper price, it will not be in the merchant's power, by a tender of the purchase-money, to recover them.

Digitized by Google

THE CHEFOO CONVENTION;

WITH ADDITIONAL ARTICLE THERETO FOR REGULATING THE

TRAFFIC IN OPIUM

SIGNED, IN THE ENGLISH and Chinese Languages, at Chepoo,

13TH SEPTEMBER, 1876

Ratifications exchanged at London, 6th May, 1886

       Ag eement n gotiated between Sir Thomas Wade, K.C.B., Her Britannic Majesty's Envoy Extraordinary and Mini-ter Plenipotentiary at the Court of China, and Li, Minister Plenipotentiary of His Majesty the Emperor of China, Senior Grand Secretary, Gove no -General of the Province of Chih-li, of the First Class of the Third Order of Nobi ity.

       The negotiation between the Ministers above named has its origin in a de patch received by S. Thomas Wade, in the Sprig of the present year, from the Earl of Derby, principal Secretary of State for Foreign Affairs, dated 1st January, 1876. This contained instructions regarding the disposal of three questions: first, a satis factory settlement of the Yunnan affair; secondly, a faithful fulfilment of engagements of last year respecting intercourse between the high officers of the two Governments; thirdly, the adoption of a uniform system in satisfaction of the understanding arrived at in the month of September, 1875 (8th mcon of the 1st year of the reign Kwang Su), on the subject of rectification of conditions of trade. It is to this despatch that Sir Thomas Wade has referred himself in discussions on these questions with the Tsung-li Yamên, further reference to which is here omitted as superfluous. The conditions now agreed to between Sir Thomas Wade and the Grand Secretary are as follow :-

SECTION I-Settlement of the Yunnan Case,

        1.-A Memorial is to be presented to the Throne, whether by the Tsung-li Yanên or by the Grand Secretary Li is immaterial, in the sense of the memorandum prepared by Sir Thomas Wade B-fore presentation the Chinese text of the Memoria!

is to be shown to Sir Thomas Wade.

      2.-The Memorial having been presented to the Throne, and the Imperial Decree in reply received, the Tsung-li Yamên will communicate copies of the Memorial and Imperial decree to Sir Thomas Wade, together with copy of a letter from the. Tsung-li Yamên to the Provincial Governments, instructing them to issue a proclama- tion that shall embody at length the above Memorial and Decree. Sir Thomas Wade will thereon reply to the effect that for two years to come officers will be sent by the British Minister to different places in the provinces to see that the proclamation is posted. On application from the British Minister or the Consul of any port instructed by him to make application, the high officers of the provinces will depute competent officers to accompany those so sent to the places which they go to observe.

      3.-In order to the framing of such regulations as will be needed for the conduct of the frontier trade between Burmah and Yünnan, the Memorial submitting the proposed settlement of the Yunnan affair will contain a request that an Imperial Decree be issued directing the Governor-General and Govenor, whenever the British Government shall send officers to Yunnan, to select a competent officer of rank to confer with them and to conclude a satisfactory arrangement.

Digitized by

Google

84

THE CHEFOO CONVENTION

   4.-The British Government will be free for five years, from the 1st January next, being the 17th day of the 11th moon of the 2nd year of the reign of Kwang Su, to station officers at Ta-li Fu, or at some other suitable place in Yünnan, to observe the conditions of trade; to the end that they may have information upon which to base the regulations of trade when these have to be discussed. For the consideration and adjustment of any matter affecting British officers or subjects, these officers will be free to address themselves to the authorities of the province. The opening of the trade may be proposed by the British Government as it may find best at any time within the term of five years, or upon expiry of the term of five years.

Passports having been obtained last year for a Mission from India into Yünnan, it is open to the Viceroy of India to send such Mission at any time he may see fit.

5.-The amount of indemnity to be paid on account of the families of the officers and others killed in Yünnan, on account of the expenses which the Yunnan case bas occasioned, and on account of claïms of British merchants arising out of the action of officers of the Chinese Government up to the commencement of the present year, Sir Thomas Wade takes upon himself to fix at two hundred thousand taels, payable on demand.

6. When the cas" is closed an Imperial letter will be written exp:essing regret for what has occurred in Yünnan. The Mission bearing the Imperial letter will proceed to England immediately. Sir Thomas Wade is to be informed of the constitution of this Mission for the information of his Government. The text of the Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li Yamén.

SECTION II-Official Intercourse.

Under this healing are included the conditions of intercou se between high officers in the capital and the provinces, and between Consular officers and Chinese officials at the ports; also the conduct of judicial proceedings in mixed cases.

1. In the Tsung-li Yamên's Memorial of the 28th September, 1875, the Prince of Kung and the Ministers stated that their object in presenting it had not been simply the transaction of business in which Chinese and Foreigners might be concerned; missions abroad and the question of diplomatic intercourse lay equally within their prayer.

To the prevention of further misunderstanding upon the subject of intercourse and correspondence, the present conditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li Yamén shall address a circular to the Legations, inviting Foreign Representatives to consider with them a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries and as would be shown to Chinese agents so serving abroad. The fact that China is about to establish Missions and Consulates abroad renders an understanding on these points essential.

2.- The British Treaty of 1858, Article XVI., lays down that "Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China.

    "British subjects who may commit any crime in China shall be tried and punished by the Consul, or any other public functionary authorised thereto, according to the laws of Great Britain.

"Justice shall be equitably and impartially administered on both sides."

The words "* functionary authorised thereto " are translated in the Chinese text

"British Government.'

15

    In order to the fulfilment of its Treaty obligation, the British Government has established a Supreme Court at Shanghai, with a special code of rules, which it is now about to revise. The Chinese Government has established at Shanghai a Mixed Court; but the officer presiding over it, either from lack of power or dread of un opularity, constantly fail to enforce his judgments.

   It is now understood that the Tsung-li Yaman will write a circular to the Loga. tions, inviting Foreign Representatives at once to consider with the Tsung-li Yamêr

Digitized by

Google

THE CHEFOO CONVENTION

85

the measu'es needed for the more effective administration of justice at t'e Ports open to Trade.

3-It is agreed that, whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the investigation. To the prevent on of misunderstanding on this point, Sir Thomas Wade will write a Note to the above effect, to which t ́e Tsung-'i Yamên will reply, affirming that this is the course of proceeding to be adhered to for the tin to conie.

It is further understood that so long as the laws of the two countries differ from each other, there can be but one principle to guide judicial roceedings in mixed ca es in China, namely, that the case is tried by the official of the defendant's nationality; the offical of the plaintiff's nationality merely attending to watch the proceedings in the interest of just ce. If the officer so attending be dissatisfied with the proceed ngs, will be in his power to prote-t against them in deta 1. The law administered will be the law of the nationa'ity of the officer trying the case. This is the meaning of the words hui l'ung, indicating combined action in judicial proceedings, in Article XVI. of the Treaty of Tientsin; and this is the course to be re-pectively followed by the officers of either nationality.

SECTION III.- -Trade.

1. With reference to the area within which, according to the treaties in force, lekin ought not to be collected on foreign goods at the open port, Sir Thomas Wade agrees to move his Government to allow the ground r- nted by foreigners (the so-called Concesions) at the differ nt ports, to be regarded as the area of exemption from lakin; and the Government of Ch na will thereunon a low I-ch'ang, in the rovince of Ha-pai; Wu-hu, in An-hui; Wen-chow, in Che-kiang; and Pei-hai (Pak-hoi), in Kwang-tung to be added to the number of port open to trade and to become Con-ular station. The British Gov rnment wi1l, farther, be free to send officers to reside at Ch'ung-k'ing to watch the conditions of Briti-h trade in Su-ch'uen. British m rchants will not be allowed to reside at Ch'ung-k'ing, or to open estab ish- ments or warehouses there, so long a、 no steamers hav· access to the port. When steamers have succeeded in ascending the river s› far, further arrangements can be taken into consideration.

It is farther proposed as a mea-ure of compromise that at certain points on the abore of the Great River, namely, Ta-t'ung and Ngan-Ching, in the province of An- hui; Ho-Kou, in Kiang--i; Wu-uch,, Lu-chi kou, and Sha-shih in Hu-Kwang; these being a'l places of trade in the interi r, at which, as they are not open no ta, foreign merchants are not legally authorised to land or ship goods, steamers shall be allowed to touch for the puri ose of landing or hi ping passengers or goods; but in a'l instances by means of native boats only, and subject to th› regulations in force

affecting native trade.

Produce accompanied by a half-duty certificate may be shipped at such points by the steamers, but may not be land d by them for sale. And at all such points, excevt in the case of imports accompanied by a tansit duty certificate or exports similarly certificated, which will be severally passed free of lekin on exhibition of such certificatos, lekin will be duly collected on all g` " dy whatever by the native authorities. Foreign merchants will not be authorised to reside or open houses of business or warehouses at the places enumerated as ports of call.

2.-At all port- open to trade, whether by earlier or later agreement, at which no settlement area has been previously defined, it will be the duty the British Consul, seting in concert with his colleagues, the Consul of other Powers, to come to an understanding with the local authorities regarding the definition of the foreign settlement area.

3.-On Opium, Sir Thomas Wade will move his Government to sanction an arrangement different from that affecting other imports. British merchants, when opium in brought into part, will be obliged to have it taken cognisance of by the Customs, and deposited in bond, either in a warehouse or a receiving hulk, until such time as there is a sale for it. The importer will then pay the tariff duty upon it,

1

Digitized by

Google

36

THE CHEFOO CONVENTION

and the purchasers the lekin; in order to the prevention of evasion of the treaty. The amount of lekin to be collected will be decided by the different Provincial Govern- ments according to the circumstances of each.

4-The Chinese Government agree that Transit Dnty Certificates shall be framed under one rule at all ports, no difference being made in the conditions set forth therein; and that, so far as imports are concerned, the nationality of the person possessing and carrying these is immaterial. Native produce carried from an inland centre to a port of shipment, if bona fide intended for shipment to a foreign port, may be, by treaty, certified by the British subject interested, and exempted by payment of the half duty from all charges demanded upon it en route. If produce be not the property of a British subject, or is being carried to a port not for exportation, it is not entitled to the exemption that would be secured it by the exhibition of a transit duty certificate. The British Minister is prepared to agree with the Tsung-li Yamên upon rules that will secure the Chinese Government against abuse of the privilege as affecting produce.

   The words nei-ti, inland, in the clause of Article VII. of the Rules appended to the Tariff, regarding carriage of imports inland, and of native produce purchased inland, apply as much to places on the sea coasts and river shores, as to places in the interior not open to foreign trade; the Chinese Government having the right to make arrangements for the prevention of abuses thereat.

5.-Article XLV. of the Treaty of 1858 prescribed no limit to the term within which a drawback may be claimed upon duty paid imports. The British Minister agrees to a term of three years, after expiry of which no drawback shall be claimed.

   6. The foregoing stipulation, that certain ports are to be opened to foreign trade, and that landing and shipping of goods at six places on the Great River is to be sanctioned, shall be given effect to within six months after receipt of the Imperial Decree approving the memorial of the Grand Secretary Li. The date for giving effect to the stipulations affecting exemption of imports from lekin taxation within the foreign settlements and the collection of lekin upon opium by the Customs Inspec- torate at the same time as the Tariff Duty upon it, will be fixed as soon as the British Government has arrived at an understanding on the subject with other foreign Governments.

7.-The Governor of Hongkong having long complained of the interference of the Canton Customs Revenue Cruisers with the junk trade of that Clony, the Chinese Government agrees to the appointment of a Commission, to consist of a British Consul, an officer of the Hongkong Government, and a Chinese official of equal rank, in order to the establishment of some system that shall enable the Chinese Government to protect its revenue without prejudice to the interests of the Colony.

Separate Article.

Her Majesty's Government having it in contemplation to send a Mission of Exploration next year by way of Peking through Kan-su and Koko-Nor, or by way of Ssu-chuen, to Thibet, and thence to India, the Tsung-li Yamên, having due regard to the circumstances, will, when the time arrives, issue the necessary passports, and will address letters to the high provincial authorities and to the Resident in Thibet. If the Mission should not be sent by these routes, but should be proceeding across the Indian frontier to Thibet, the Tsung-li Yamên, on receipt of a communication to the above effect from the British Minister, will write to the Chinese Resident in Thibet, and the Resident, with due regard to the circumstances, will send officers to take due care of the Mission; and passports for the Mission will be issued by the Tsung-li Yamên, that its passage be not obstructed.

Ďone at Chefoo, in the province of Shan-tung, this Thirteenth Day of September, in the year of Our Lord One Thousand Eight Hundred and Seventy-six.

!

[1.9.]

THOMAS FRANCIS WADE.

(L.8.]

LI HUNG-CHANG.

Digitized by

Google

THÉ CHEFOO CONVENTION

Additional Articles to the Agreement between Great Britain and China

Signed at Chefoo on the 13th September, 1876.

Signed at London, 18th July, 1885.

The Governments of Great Britain and of China, considering that the arrange- ments proposed in clauses 1 and 2 of Section III. of the Agreement between Great Britain and China, signed at Chefoo on the 13th September, 1876 (hereinafter referred to as the "Chefoo Agreement"), in relation to the area within wh ch li-kin ought not to be collected on foreign goods at the open ports, and to the definition of the Foreign Settlement area, require further consideration; also that the terms of clause 3 of the same section are not sufficiently explicit to serve as an efficient regula- tion for the traffic in opium, and recognizing the desirability of placing restrictions on the consumption of opium, have agreed to the present Additional Article.

       1.-As regards the arrangements above referred to and proposed in clauses 1 and 2 of Section IIL of the Chefoo Agreement, it is agr. el that they shall be reserved for further consideration between the two Governments.

       2.-In lieu of the arrangement respecting opium proposed in clause 3 of Section III of the Chefoo Agreement, it is agreed that foreign opium, when imported inte China, shall be taken cognizance of by the Imperial Maritime Customs, and shall be deposited in bund, either in warehouses or receiving-hulks which have been approved of by the Customs, and that it shall not be removed thence until there shall have been paid to the Customs the Tariff duty of 30 taels per chest of 100 catti s, and also a sum not exceeding 80 taols per like chest as li-kin.

       3.-It is greed that the aforesaid import and li-kin duties having been paid, the owner shall be allowed to have the opium repacked in bond under the supervision of the Customs, and put into packages of such assorted sizes as he may select frɔm such sizes as shall have been agreed upon by the Customs authorities and British Consul at the port of entry.

       The Customs shall then, if required, issue gratuitously to the owner a transit cer- tificate for each such package, or one for any number of packages, at option of the owner.

Such certificate shall free the opium to which it applies from the imposition of any further tax or duty whilst in transport in the interior, provided that the package has not been opened, and that the Customs seals, marks, and numbers on the packages have not been effaced or tampered with.

Such certificates shall have validity only in the hands of Chiu se subjects, and shall not entitle foreigners to convey or accompany any opium in which thy may be interested into the interior.

       4.--It is agreed that the Regulations under which the said certificates are to be issued shall be the same for all the ports, and that the form shall be as follows:-

"Opium Transit Certificate.

"This is to certify that Tariff and li-kin duties at the rate of tacls per chest of 100 catties have been paid on the opium marked and numbered as under; and that, in conformity with the Additional Article signed at London the 18th July, 1885, and appended to the Agreement between Great Britain and China signed at Chefoo the 13th September, 1876, and approved by the Imperial Decree printed on the back bereof, the production of this certificate will exempt the opium to which it refers, wherever it may be found, from the imposition of any further tax or duty whatever, provided that the packages are unbroken, and the Customs seals, marks, ani numbers have not been effaced or tampered with.

"Mark,

X

" Port of entry,

"Date

No.

00 packages

"Signature of Commissioner of Customs."

5 -The Chinese Government undertakes that when the packages shall have been opened at the place of consumption, the opium shall not be subjected to any tax or

Digitized by Google

08

THE CHEFOO CONVENTION

contribution, direct or indirect, other than or in excess of such tax or contribution as is or may hereafter be levied on native opium.

In the event of such tax or contribution being calculated ad valorem, the same rate, value for value, shall be assessed on foreign and native opium, and in ascertaining for this purpose the value of foreign opium the amount paid on it for li-kin at the port of entry shall be deducted from its market value.

    6.-It is agreed that the present Additional Article shall be considered as forming part of the Chefoo Agreement, and that it shall have the same force and validity as if it were inserted therein word for word.

    It shall come into operation six months after its signature, provided the ratifica- tions have then been exchanged, or if they have not, then on the date at which such exchange takes place.

    7.-The arrangement respecting opium contained in the present Additional Article shall remain binding for four years, after the expiration of which period either Government may at any time give twelve months' notice of its desire to determine it, and such notice being given, it shall terminate accordingly.

    It is, however, agreed that the Government of Great Britain shall have the right to terminate the same at any time should the transit certificate be found not to confer on the opium complete exemption from all taxation whatsoever whilst being carried from the port of entry to the place of consumption in the interior.

In the event of the termination of the present Additional Article the arrange- ment with regard to opium now in force under the regulations attached to the Treaty of Tientsin shall revive.

    8.-The High Contracting Parties may, by common consent, adopt any modifica- tions of the provisions of the present Additional Article which experience may show to be desirable.

9.-It is understood that the Commission provided for in clause 7 of Section III. of the Chefoo Agreement to inquire into the question of prevention of smuggling. into China from Hongkong shall be appointed as soon as possible.

10.-The Chefoo Agreement, together with, and as modified by, the present Additional Article, shall be ratified, and the ratifications shall be exchanged at London as soon as possible.

In witness whereof the Undersigned, duly authorized thereto by their respective Governments, have signed the present Additional Article, and have affixed thereto their seals.

Done at London, in quadruplicate (two in English and two in Chinese), this 18th day of July, 1885, being the seventh day of the sixth moon in the eleventh year of the reign of Kwang-su.

(L.B.) (L.S.)

SALISBURY. TSENG.

My Lord,

The Marquis Tseng to the Marquis of Salisbury.

Chinese Legation, London, 18th July, 1885.

In reply to your Lordship's note of this date, I have the honour to state that the Imperial Government accept the following as the expression of the understanding which has been come to between the Governments of Great Britain and China in regard to the Additional Article to the Chefoo Agreement relative to opium, which has been signed this day :--

    1. It is understood that it shall be competent for Her Majesty's Government at once to withdraw from this new arrangement, and to revert to the system of taxation for opium at present in operation in China, in case the Chinese Government shall fail to bring the other Treaty Powers to conform to the provisions of the said Additional Article.

2.-It is further understood that, in the event of the termination of the said Additional Article, the Chefoo Agreement, with the exception of clause 3 of Section III., and with the modifications stipulated in clause 1 of the said Additional Article,

whall nevertheless remain in foro".

Digitized by

Google

THE OPIUM CONVENTION

Memorandum of the basis of Agreement arrived at after discussion between Mr. James Russell, Puisne Judge of Hongkong; Sir Robert Hart, K.C.M.G, Inspector. General of Customs, and Shao Taotai, Joint Commissioners for China; and Ma Byron Brenan, Her Majesty's Consul at Tientsin, in pursuance of Article 7 Section III of the Agreement between Great Britain and China, sigued at Chefoɔ on the 18th September, 1876, and of Section 9 of the Additional Article to the said Agreement, signed at London on the 18th July, 1885.

       Mr. Russell undertakes that the Government of Hongkong shall submit to the Legislative Council an Ordinance for the regulation of the trade of the Colony in Baw Opium subject to conditions hereinafter set forth and providing : 1.-For the prohibition of the import and export of Opium in quantities less than 1 chest.† -For rendering illegal the possession of Raw Opium, its custody or control, in quan.

tities less than one chest, except by the Opium Farmer.

3.-That all Opium arriving in the Colony be reported to the Harbour Master, and that no Opium shall be transhipped, landed, stored or moved from one store to another, or re- exported without a permit from the Harbour Master, and notice to the Opium Farmer. 4-For the keeping by Importers, Exporters, and Godown Owners, in such form as

the Governor may require, books shewing the movements of Opium.

3. For taking stock of quantities in the stores, and search for deficiencies by the

Opium Farmer, and for furnishing to the Harbour Master returns of stocks. 6.--For amendment of Harbour Regulations, as to the night clearances of junks.

         The conditions on which it is agreed to submit the Ordinance are :- 1.-That China arranges witu Macao for the adoption of equivalent measures. 2.-That the Hongkong Government shall be entitled to repeal the Ordinance if it be found to be injurious to the Revenue or to the legitimate tra le of the Colony. 3.-That an Office under the Foreign Inspectorate shall be established on Chinese Territory at a convenient spot on the Kowloon side for sale of Chinese Opium Duty Certificates, which shall be freely sold to all comers, and for such quantities of Opium as they may require.

     That Opium accompanied by such certificates, at the rate of not more than Tla, 110 per picul, shall be free from all further imposts of every sort, ani have all the benefits stipulated for by the Additional Article on behalf of Opium on which duty has been paid at one of the ports of China, and that it may be made up in sealed parcels at the option of the purchaser.

5. That junks trading between Chinese ports and Hongkong and their cargoes shall not be subject to any dues or duties in excess of those leviable on junks and their cargoes trading between Chinese ports and Macao, and that no dues wha: soever shall be demanded from junks coming to Hongkong from ports in China, or pro- ceeding from Hongkong to ports in China, over and above the dues paid or payable at the ports of clearance or destination.

6. That the Officer of the Foreign Inspectorate, who will be responsible for the management of the Kowloon Office, shall investigate and settle auy complaints made by the junks trading with Hongkong against the Native Customs Revenue Stations or Cruisers in the neighbourhood, and that the Governor of Hongkong, if he deems it advisable, shall be entitled to send a Hongkong Officer to be present at and assist in the investigation and decision.

       If, however, they do not agree a reference may be made to the Authorities at Peking for joint decision.

Sir Robert Hart undertakes on behalf of himself and Shao Taotai (who was com、 pelled by unavoidable circumstances to leave before the sittings of the Commission were terminated) that the Chinese Government shall agree to the above conditions.

The undersigned are of opinion that if these arrangements are fully carried out, a fairly satisfactory solution of the questions connected with the so-called "Hong- kang Blockade" will have been arrived at.

Signed in triplicate at Hongkong, this 11th day of September, 1886.

Ses Ordinance 22 of 8-7.

modification allowing export in smaller quantities than one oheet was'subsequently agreed

Digitized by Google

J

THE CHUNGKING AGREEMENT

ADDITIONAL ARTICLE TO THE AGREEMENT BETWEEN GREAT

BRITAIN AND CHINA OF SEPTEMBER 13TH, 1876

Signed at Peking, 31st March, 1890

Ratifications Exchanged at Peking, 18th January, 1891

The Governments of Great Britain and China, being desirous of settling in an amicable spirit the divergence of opinion which has arisen with respect to the first clause of the third section of the Agreement concluded at Chefoo in 1876, which stipulates that "The British Government will be free to send officers to reside at Chungking to watch the conditions of British trade in Szechuen, that British mer- chants will not be allowed to reside at Chungking, or to open establishments or warehouses there, so long as no steamers have access to the port, and that when steamers have succeeded in ascending the river so far, further arrangements can be taken into consideration," have agreed upon the following Additional Article :-

---

I.-Chungking shall forthwith be declared open to trade on the same footing as any other Treaty port. British subjects shall be at liberty either to charter Chinese vessels or to provide vessels of the Chinese type for the traffic between Ichang and Chungking.

   II.-Merchandize conveyed between Ichang and Chungking by the above class of vessels shall be placed on the same footing as merchandize carried by steamer between Shanghai and Ichang, and shall be dealt with in accordance with Treaty, Tariff Rules, and the Yangtsze Regulations.

III.-All regulations as to the papers and flags to be carried by vessels of the above description, as to the repackage of goods for the voyage beyond Ichang, and as to the general procedure to be observed by those engaged in the traffic between Ichang and Chungking with a view to insuring convenience and security, shall be drawn up by the Superintendent of Customs at Ichang. the Taotai of the Ch'uan Tung Circuit, who is now stationed at Chungking, and the Commissioners of Customs in consultation with the British Consul, and shall be liable to any modifications that may hereafter prove to be desirable and may be agreed upon by common consent.

IV.-Chartered junks shall pay port dues at lc ang and Chungking in accor dance with the Yangtsze Regulations; vessels of Chinese type, if and when entitled to carry the British flag, shall pay tonnage dues in accordance with Treaty Regulations. It is obligatory on both chartered junks and also vessels of Chines type, even when the latter may be entitled to carry the British flag, t、 take out at the Maritime Custom-house special papers and a special flaş when intended to be employed by British subjects in the transport of good between Ichang and Chungking, and without such papers and flag no vessel

Digitized by Google

1

THE CHUNGKING AGREEMENT

of either class shall be allowed the privileges and immunities granted under this Additional Article. Provided with special papers and flag, vessels of both classes shall be allowed to ply between the two ports, and they and their cargoes shall be dealt with in accordance with Treaty Rules and the Yangtsze Regulations All other ressels shall be dealt with by the Native Customs. The special papers and flag issued by the Maritime Customs must alone be used by the particular vessel for which they were originally issued, and are not transferable from one vessel to another. The use of the British flag by vessels the property of Chinese is strictly probibited. Infringement of these Regulations will, in the first instance, render the offender liable to t e penalties in force at the ports hitherto opened under Treaty, and should the offence be subsequently repeated, the vessel's special papers and flag will e wit' drawn, and the vessel herself refused permission thenceforward to trade between Ichang and Chungking.

Ar. V.- -Wh n once Chinese steamers carrying cargo run to Chungking, British steamers shall in like manner have access to the said port.

Art. VI. -It is agreed that the present Additional Article shall be considered as forming part of the Chefoo Agreement, and as having the same force and validity as if it were inserted therein word for word. It shall be ratified, and the ratifications exchanged at Peking, and it shall come into operation six months after its signature, provided the ratifications have then been exchanged, or if they have not, then on the date at which such exchange takes place.

        Done at Peking in triplicate (three in English and three in Chinese), this thirty-first day of March, in the year of our Lord one thousand eight hundred and ninety, being the eleventh day of the Second Intercalary Moon of the sixteenth year of Kuang Hsü.

(L 8.) (L.B.)

JOHN WALSHAM. (Signature of CHINESH

PLENIPOTENTIARY.)

Digitized by

Google

FRANCE

TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION

BETWEEN FRANCE AND CHINA

SIGNED, IN THÈ French and Chinese Languages, at Tientsin, 27th June, 1858

Ratifications Exchanged at Peking, 25th October, 1860

     His Majesty the Emperor of the French and His Majesty the Emperor of China, being desirous to put an end to the existing misunderstanding between the two Empires, and wishing to re-establish and improve the relations of friendship, com- merce, and navigation between the two powers, have resolved to conclude a new treaty based on the common interest of the two countries, and for that purpose have named as their plenipotentiaries, that is to say :-

    His Majesty the Emperor of the French, Baron Gros, Grand Officer of the Legion of Honour, Grand Cross of the Order of the Saviour of Greece, Commander of the Order of the Conception of Portugal, &c., &c., &c.

    And His Majesty the Emperor of China, Kweiliang, Imperial High Commis- sioner of the Ta-Tsing Dynasty, Grand Minister of the East Palace, Director-General of the Council of Justice, &c, &c., &c.; and Hwashana, Imperial High Commissioner of the Ta-Tsing Dynasty, President of the Board of Finance, General of the Bordered Blue Banner of the Chinese Bauner Force, &c., &c., &c.;

    Who, having exchanged their full powers, which they have found in good and. due form, have agreed upon the following Articles :-

    Art. I.-There shall be perpetual peace and friendship between His Majesty the Emperor of the French and His Majesty the Emperor of China, and between the subjects of the two Em, ires, who shall enjoy equally in the respective states of the high contracting parties full and entire protection for their persons and pro erty.

Art. II.-In order to maintain theeace so happily re-established between the two empires it has been agreed between the high contracting parties that, following in this respect the practice amongst Western nations, the duly accredited diplomatic agents of His Majesty the Emperor of the French to His Maje ty the Emperor of China shall have the right of resorting to the capital of the empire when important affairs call them there. It is agreed between the high contracting parties that if any one of the powers having a treaty with China obtains for its diplomatic agent the right of permanently residing at Peking, France shall immediately enjoy the same right.

1

    The diplomatic agents shall reciprocally enjoy, in the lace of their residence, the privileges and immunities accorded to them by international law, that is to say, that their persons, their families, their houses, and their correspondence, shall be inviolable, that they may take into their service such employés, couriers, int rpreters, servants, &c., &c., as shall be necessary to them.

    The expense of every kind occasioned by the diplomatic mission of France in China shall be defrayed by the French Government. The diplomatic agents whom

Digitized by

Google

;

TREATY BETWEEN france AND CHINA

it shall please the Emperor of China to accredit to His Majesty the Emperor of the French, shall be received in France with all the honours and prerogatives which the diplomatic agents of other nations accredited to the court of His Majesty the Emperor of the French enjoy.

Art. III-The official communications of the French diplomatic and consular agents with the Chinese authorities shall be written in French, but shall be accom- panied, to facilitate the service, by a Chinese translatiou, as exact as possible, until Buch time as the Imperial Government at Peking, having interpreters speaking and writing French correctly, diplomatic correspondence shall be conducted in this language by the French agents and in Chinese by the officers of the empire. It is agreed that until then, and in case of difference in the interpretation, in re- ference to the French text and Chinese text of the clauses heretofore agreed upon in the conventions male by common accor, it shall always be the original text and not the translation which shall be held correct. This provision applies to the present treaty, and in the communications between the authorities of the two countries it shall always be the original text, not the translation, which shall be

held correct.

        Art. IV.-Henceforth the official correspondence between the authorities and the officers of the two countries shall be regulated acc rding to their respective ranks and conditions and upon the basis of the most absolute reciprocity. This correspondence shall take place between the high French officers and high Chinese officers, in the capital or elsewhere, by dispatch or communication; between the French sub- ordinate officers and the high authorities in the provinces, on the part of the former by statement, and on the part of the latter by declaration.

       Between the officers of lower rank of the two nations, as above provided, on the footing of a perfect equality.

Merchants and generally alt persons not having an official character shall on both sides use the form of representation in all documents addressed to or intended for the notice of the respective authorities.

Whenever a French subject shall have recourse to the Chinese authority, his representation shall first be submitted to the Consul, who, if it appears to hit reasonable and properly addressed, shall forward it; if it be otherwise, the Consul shall cause the tenour to be modified or refuse to transmit it. The Chinese, on their part, when they have to address a consulate, shill follow a similar course towards the Chinese authority, who shall act in the same manner.

Art. V.-His Majesty the Emperor of the French may appoint Consuls or Con- sular Agents in the cost and river ports of the Chinese empire named in Article VI. of the present treaty to conduct the business between the Chinese authorities and French merchants and subjects and to see to the strict observance of the stipulated rale -. These officers shll be treated with the consideration an1 regard which are da to them. Their relations with the authorities of the place of their residence shall be established on the footing of the most perfect equality. If they shall have to complain of the proceedings of the said authorities, they may address the superior authorit of the province direct, and shall immediately advise the Minister Plenipo tentiary of the Emperor thereof.

        In case of the absence of the French Consul, captains and merchants shall de at liberty to have recourse to the intervention of the Consul of a friendly power, or, if this be impossible, they shall have recourse to the chief of the Customs, who hall alvise as to th› means of assuring to the sail captains and merchants the benefits of

the present treaty.

Art. VI.-Experience having demonstrated that the opening of new ports to foreign commerce is one of the necessities of the age, it has been agreed that the parts of Kiung-chow and Chao-chow in the province of Kwangtung, Taiwan and Tamsui in the island of Formosa (province of Folkien), Tang-chow in the pro- vince of Shantung, and Nanking in the province of Kiangsu, shall enjoy the same privileges as Canton, Shanghai, Ningpo, Amoy, and Foochow. With regard to

Digitized by

Google

#

TREATY BETWEEN FRANCE AND CHINA

  Nanking, the French agents in China shall not deliver passports to their nationals for this city until the rebels have been expelled by the Imperial troops.

    Art. VII.-French subjects and their families may establish themselves and trade or pursue their avocations in all security, and without hindrance of any kind, in the norts and cities enumerated in the preceding article.

They may travel freely between them if they are provided with passports, but it is expressly forbidden to them to trade elsewhere on the coast in search of clandestine markets, under pain of confiscation of hoth the ships and goods used in such operations, and this confiscation shall be for the benefit of the Chinese Govern- ment, who, however, before the seizure and confiscation can be legally pronounced, must advise the French Consul at the nearest port.

Art. VIII.-French subjects who wish to go to interior towns, or ports not open to foreign vessels, may do so in all security, on the express condition that they are provided with passports written in French and Chinese, legally delivered by the diplomatic agents or consuls of France in China and vised by the Chinese authorities.

    In case of the loss of his passport, the French subject who cannot present it when it is legally required of him, shall, if the Chinese anthorities of the place refuse him permission to remain a sufficient time to obtain another passport from the Consul, be conducted to the nearest consulate and shall not be maltreated or insulted in any way.

    As is stipulated in the former treaties, French subjects resident or sojourning in the port open to foreign trade may travel without passports in their immediate neighbourhood and there pursue their occupations as freely as the natives, but they must not pass certain limits which shall he agreed upon between the Consul and the local authority. The French agents in China shall deliver passports to their nationals only for the places where the rebels are not established at the time the passport shall be demanded.

    These passports shall be delivered by the French authorities only to persons who offer every desirable guarantee.

f

    Art. IX.-All changes made by common consent with one of the signatory powers of the treaties with China on the subject of amelioration of the tariff now in force, or which may hereafter be in force, as also all rights of customs, tonnage, importation, transit, and exportation, shall be immediately applicable to French trade and mer- chants by the mere fact of their being placed in execution.

Art. X.-Any French subject who, conformably to the stipulations of Article VI. of the present treaty, shall arrive at one of the ports open to foreign trade, may, whatever may be the length of his sojourn, rent houses and warehouses for the disposal of his merchandise, or lease land and himself build houses and warehouses. French subjects may, in the same manner, establish churches, hospitals, religious houses, schools, and cemeteries. To this end the local authority, after having agreed with the Consul, shall designate the quarters most suitable for the residence of the French and the sites on which the above mentioned structures may have place.

The terms of rents and leases shall be freely discussed between the interested parties and regulated, as far as possible, according to the average local rates.

    The Chinese authorities shall prevent their nationals from exacting or requiring exorbitant prices, and the Consul on his side shall see that French subjects use no violence or constraint to force the consent of the proprietors. It is further under- stood that the number of houses and the extent of the ground to be assigned to French subjects in the ports open to foreign trade shall not be limited, and that they shall be determined according to the needs and convenience of the parties. If Chinese subjects injure or destroy French churches or cemeteries, the guilty parties shall be punished with all the rigour of the laws of the country.

Art. XI.-French subjects in the ports open to foreign trade may freely engage, on the terms agreed upon between the parties, or by the sole intervention of the Consul, compradores, interpreters, clerks, workmen, watermen, and servants. They shall also have the right of engaging teachers in order to learn to speak and write

Digitized by

Google

TREATY BETWEEN FRANCE AND CHINA

45

the Chinese language and any other language or dialect used in the empire, as also to secure their aid in scientific or literary works. Equally they may teach to Chinese subjects their own or foreign languages and sell without obstacle French books or themselves purchase Chinese books of all descriptions

Art. XII.-Property of any kind appertaining to French subjects in the Chinese, empire shall be considered by the Chinese inviolable and shall always be respected by them. The Chinese authorities shall not, under any circumstances whatever place French vessels under embargo nor put them under requisition for any service, be it public or private.

       Art. XIII.-The Christian religion having for its essential object t' e leading of men to virtue, the members of all Cristian communities shall enjoy entire security for their persons and property and the free exercise of their religion, and efficient protection shall be given the missionaries who travel peaceably in the interior furnished with passports as provided for in Article VIII.

       No bindrance shall be offered by the authorities of the Chinese Empire to the recognised right of every individual in China to embrace, if he so pleases, Chris- tianity and to follow its practices without being liable to any punishment therefor.

All that has previously been written, proclaimed, or publis ed in China by order of the Government against the Christian religion is completely abrogated and remains null and void in all provinces of the empire.

Art. XIV. No privileged commercial society shall benceforward be established in China, and the same shall apply to any organised coalition having for its end the exercise of a monopoly of trade. In case of the contravention of the present article the Chinese Authorities, on the representation of the Consul or Consular Agent, shall advise as to the means of dissolving such associations, of which they are also bound to prevent the existence by the preceding probibitions, so as to remove all that may stand in the way of free competition.

Art. XV.-When a French vessel arrives in the waters of oue of the ports open to foreign trade she shall be at liberty to engage any pilot to take her immediately into the port, and, in the same manner, when, having discharged all legal charges, she shall be ready to put to sea, she shall not be refused pilots to enable her to leave the port without hindrance or delay.

Any individual who wishes to exercise the profession of pilot for French vessels may, on the presentation of three certificates from captains of ships, he commissioned by the French Consul in the same manner as shall be in use with other nations.

The remuneration payable to pilots shall be equitably regulated for each parti- cular port by the Consul or Consular Agent, who shall fix it having regard to the Jistance and circumstances of the navigation.

Ar. XVI-After the pilot has brought a French trading ship into the port, the Superintendent of Customs shall depute one or two officers to guard the ship and prevent fraud. These officers may, according to their convenience, remain in their own boat or stay on board the ship.

Their pay, food, and expenses shall be a charge on the Chinese Customs, and they shall not demand any fee or remuneration whatever from the captain or consignee. Every contravention of this provision shall entail a punishment proportionate to the amount exacted, which also shall be returned in full.

Art. XVII. Within the twenty-four hours following the arrival of a French merchant ve sel in one of the ports open to foreign trade, the captain, if he be not unavoidably prevented, and in his default the supercargo or consignee, shall report at the French Consulate and place in the hands of tl e Consul the ship's papers, the bills of lading, and the man fest. Within the twenty-four hours next following the Consul shall send to the Superintendent of Customs a detailed note indicating the name of the vessel, the articles, the tonnage, and the nature of the cargo; if, in consequence of the negligence of the captain this cannot be accomplished within the forty-eight hours following the arrival of the vessel, the captain shall be liable to a penalty of 50 dollars for each day's delay, to the profit of the Chinese Government, but the said penalty shall in no case exceed the sum of 200 dollars.

Digitized by Google

46

TREATY BETWEEN FRANCE AND CHINA

Immediately after the reception of the consular note the Superintendent of Customs shall give a permit to open hatches. If the captain, before having received. the said permit, shall have opened batches and commenced to discharge, he may be fined 500 dollars, and the goods discharged may be seized, the whole to the profit of the Chinese Government.

    Art. XVIII.-French captains and merchants may hire whatever boats and lighters they please for the transport of goods and passengers, and the sum to be paid for such boats shall be settled between the parties themselves, without the intervention of the Chinese authority, and consequently without its guarantee in case of accident, fraud, or disappearance of the said boats. The number of these boats shall not be limited, nor shall a monopoly in respect either of the boats or of the carriage of merchandise by porters be granted to any one.

Art. XIX.-Whenever a French merchant shall have merchandise to load or discharge he shall first remit a detailed note of it to the Consul or Consular Agent, who will immediately charge a recognised interpreter to the Consulate to communicate it to the Superintendent of Customs. The latter shall at once deliver a permit for shipping or landing the goods. He will then proceed to the verification of the goods in such manner that there shall be no chance of loss to any party.

The French mercant must cause himself to be represented (if he does not prefer to attend himself) at the place of the verification by a person possessing the requisite knowledge to protect his interest at the time when the verification for the liquida- dation of the dues is made; otherwise any after claim will be null and of no effect.

    With respect to goods subject to an ad valorem duty, if the merchant cannot agree with the Chinese officers as to their value, then each party shall call in two or three merchants to examine the goods, and the highest price which shall be offered by any of them shall be assumed as the value of the said goods.

Duties shall be charged on the net weight; the tare will therefore be deducted. If the French merchant cannot agree with the Chinese officer on the amount of tare, each party shall choose a certain number of chests and bales from among the goods respecting which there is a dispute; these shall be first weighed gross, then tared, and the average tare of these shall be taken as the tare for all the others.

    If during the course of verification any difficulty arises whish cannot be settled, the French merchant may claim the intervention of the Consul, who will immediately bring the subject of dispute to the notice of the Superintendent of Customs, and both will endeavour to arrive at an amicable arrangement, but the claim must be made within twenty-four hours; otherwise it will not receive attention. So long as the result of the dispute remains pending, the Superintendent of Customs shall not enter the matter in his books, thus leaving every latitude for the examination and solution of the difficulty.

On goods imported which have sustained damago a reduction of duties propor- tionate to their depreciation shall be made. This shall be equitably determined, and, if necessary, in the manner above stipulated for the fixing of ad valorem duties.

Art. XX.-Any vessel having entered one of the ports of China, and which has not yet used the permit to open haches mentioned in Article XIX., may within two days of arrival quit that port and proceed to another without having to pay either tonnage dues or customs duties, but will discharge them ultimately in the port where sale of the goods is effected.

    Art. XXI.-It is established by common consent, that import duties shall be discharged by the captains or French merchants after the landing and verification of the goods.

        Export duties shall in the same manner be paid on the shipment of the goo is. When all tonnage du s and Customs duties shall have been paid in full by a French vessel the Superintendent of Customs shall give a general quittance, on the exhibition of which the Consul shall return the ship's papers to the captain and permit him to depart on his voyage. The Superintendent of Customs shall name one or several banks, which shall be authorised to receive the sum due by French inerchants on account of the Government, and the receipts of these banks for all payments which have been made to them shall be considered as receipts of the

Digitized by

Google

TREATY BETWEEN FRANCE AND CHINA

47

     Chinese Government. These payments may be made in ingots or foreign money, the relative value of which to sycee shall be determined by agreement between the Consul or Consular Agent and the Superintendent of Customs in the different ports, according to time, place, and circumstances.

Art. XXII.- *After the expiration of the two days named in Art. XX., and before proceeding to discharge her cargo, every vessel shall pay tonnage-dues accord- ing to the following scale :- Vessels of one hundred and fifty tone and upwards at the rate of four mace per ton; vessels of less than one hundred and fifty tons mea- surement at the rate of ɔne mace per ton.

        Any vessel clearing from any of the open ports of China for any other of t' open ports, or trading between China and such ports in Cochin China as belong to France, or any port in Japan, shall be entitled, on application of the master, to a special certificate from the Superintendent of Customs, on exhibition of which the said vessel shall be exempted from all further payment of tonnage-dues in any open port of China for a period of four months, to be reckoned from the date of her port-clearance; but after the expiration of four months she shall be required to pay tonnage-dues again.

Small French vessels and boats of every class, whether with or without sails, shall be reckoned as coming within the category of vessels of on- hundred and fifty tons and under, and shall pay tonnage-dues at tue rate of one mace per ton once in every four months.

Native craft chartered by French merchants shall in like manner pay tonnage- does once in every four months.

Art. XXIII-All French goods, after having discharged the Customs duties according to the tariff in one of the ports of China, may be transported into the interior without being subjected to any further charge except the transit dues according to the amended scale now in force, which dues shall not be augmented in the future.

If the Chinese Customs Agents, contrary to the tenour of the present Treaty, make illegal exactions or levy higher dues, they shall be punished according to the laws of the empire.

Art. XXIV.-Any French vessel entered at one of the ports open to foreign trade and wishing to discharge only a part of its goods there, shall pay Customs dues only for the part discharged; it may transport the remainder of its cargo to another port and sell it there. The duty shall then be paid.

French subjects having paid in one port the duties on their goods, wishing to re-export them and send them for sale to another port, shall notify the Consul or Consular Agent. The latter shall inform the Superintendent of Customs, who, after having verified the identity of the goods and the perfect integrity of the packages, shall send to the claimants a declaration attesting that the duties on the said goods have been paid. Provided with this declaration, the French merchants on their arrival at the other port shall only have to present it through the medium of the Consul or Superintendent of Customs, who will deliver for this part of the cargo, without deduction or charge, a permit for discharge free of duty; but if the_autho- rities discover fraud or anything contraband amongst the goods so re-exported, these shall be, after verification, confiscated to the profit of the Chinese Government.

Art. XXV.-Transbipment of goods shall take place only by special permission and in case of urgency; if it be indispensable to effect this operation, e Consul shall be referred to, who will deliver a certificate, on view of which the transhipment shall be authorised by the Superintendent of Customs. The latter may always delegate an employé of his administration to be present.

       Every unauthorised transhipment, except in case of peril by dela', will entail the confiscation, to the profit of the Chinese Government, of the whole of the goods illicitly transhipped.

      Art. XXVI-In each of the ports open to foreign trade the Superintendent of Customs shall receive for himself, and shall deposit at the French Consulate, legal

Substituted for the original article in 1865

Digitized by

Google

48

TREATY BETWEEN FRANCE AND CHINA

scales for goods and silver, the weights and measures agreeing exactly with the weights and measures in use at the Canton Custom-house, and bearing a stamp and seal certifying this authority. These scales shall be the base of all liquidations of duties and of all payments to be made to the Chinese Government. They shall be refer ed to in case of di pute as to the weights and measures of goods, and the decree shall be according to the results they show.

    Art. XXVII-Import and export duties levied in China on French commerce shall be regulated according to the tariff annexed to the present treaty under the seal and signature of the respective plenipotentiaries. This tariff may be revised every seven years in order to be in harmony with the changes brought about by time in the value of the products of the soil or indu-try of the two empires.

    By the payment of these duties, the amount of which it is expressly provided shall not be increased nor augmented by any kind of charge or surtax whatever, French subjects shall be free to import into China, from French or foreign ports, and equally to export from China, to any destination, all goods which shall not be, at the date of the signing of the present treaty and according to the classification of the annexed tariff, the object of a special prohibition or of a special monopoly. The Chinese Government renouncing therefore the right of augmenting the number of articles reputed contraband or subjects of a monopoly, any modification of the tariff shall be made only after an understanding has been come to with the French Government and with its full and entire consent.

    With regard to the tariff, as well as every stipulation introduced or to be in- troduced in the existing treaties, or those which may hereafter be concluded, it remains well and duly established that merchants and in general all French subjecta in China shall always have the same rights and be treated in the same way as the most favoured nation.

    Art. XXVIII-The publication of the regular tariff doing away henceforth with all pretext for smuggling, it is not to be presumed that any act of this nature may be committed by French vessels in the ports of China. If it should be otherwise, all contraband goods introduced into these ports by French vessels or merchants, whatever their value or nature, as also all prohibited goods fraudulently discharged, shall be seized by the local authority and confiscated to the profit of the Chinese Government. Further, the latter may, if it see fit, interdict the re-entry to China of the vessel taken in contravention and compel it to leave immediately after the settle- ment of its accounts.

    If any foreign vessel fraudulently make use of the French flag the French Government shall take the necessary measures for the repression of this abu e.

    Art. XXIX.-His Majesty the Emperor of the French may station a vessel of war in any principal port of the empire where its presence may be considered necessary to maintain good order and discipline amongst the crews of merchant vessels and to facilitate the exercise of the Consular authority; all necessary measures shall be taken to provide that the presence of these vessels of war shall entail no inconvenience, and their commanders shall receive orders to cause to be executed the provisions of Article XXXIII. in respect of the communications with the land and the policing of the crews. Vessels of war shall be subject to no duty,

Art. XXX.-Every French vessel of war cruising for the protection of commerce shall be received as a friend and treated as such in all the port of China which it shall enter. These vessel may there procure the divers articles of refitting and victualling of which they shall have need, and, if they have suffered damage, may repair there and purchase the materials necessary for such repair, the whole without the least opposition.

    The same shall apply to French trading ships which in consequence of great damage or any other reason may be compelled to seek refuge in any port whatsoever of China.

It a vessel be wrecked on the coast of China, the nearest Chinese authority, on being informed of the occurrence, shall immediately send assistance to the crew, provide for their present neces-ities, and take the measures immediately necessary

Digitized by Google

!

TREATY BETWEEN FRANCE AND CHINA

      for the salvage of the ship and the preservation of the cargo. The whole shall then be brought to the knowledge of the nearest Consul or Consular Agent, in order that the latter, in concert with the competent authority, may provide means for the relief of the crew and the salvage of the debris of tɩe ship and cargo.

Art. XXXI.--Should China be at war with another power, this circumstance shall not in any way interfere with the free trade of France with China or with the opposing nation. French vessels may always, except in the case of effective blockade, ail without obstacle from the ports of the one to the ports of the other, trade in the rdinary manner, and import and export every kind of merchandise not prohibited.

       Art. XXXII. -Should sailors or other persons desert from French ships-of-war, o leave French trading vessels, the Chinese authority, on the requisition of the Consul, or failing the Consul that of the captain, shall at once use every means to discover and restore the aforesaid fugitives into the hands of one or the other of them.

In the same manner, if Chinese deserters or persons accused of any crime take refuge in French houses or on board of French vessels, the local authority shall address the Consul, who, on proof of the guilt of the accused, shall immediately take the measures necessary for their extradition. Each party hall carefully avoid concca.ment and conniv.nce.

       Art. XXXIII.-When sailors come on shore they shall be under special dis. ciplinary regulations framed by the Consul and communicated to the local authority, in order to prevent as far as possible all occasion of quarrel between French sailors and the people of the country.

Art. XXXIV.-In case of French trading vessels being attacked or pillaged by pirates within Chinese waters, the civil and military authorities of the nearest place, upon learning of the occurrence, shall actively pursue the authors of the crime and shall neglect nothing to secure their arrest and punishment, according to law. The pirated goods, in whatever place or state they may be found, shall be placed in the hands of the Consul, who shall restore them to the owners. If the criminals cannot be seized, or the whole of the stolen pro erty cannot be recovered, the Chinese officials shall suffer the penalty inflicted by the law in such circumstances, but they shall not be held pecuniarily responsible.

Art. XXXV.-When a French subject shall have a complaint to make or claim to bring against a Chinese, he shall first state his case to the Consul, who, after having examined the affair, will endeavour to arrange it amicably. In the same manner, when a Chinese has to complain of a French subject, the Consul shall attentively hear his claim and endeavour to bring about an amicable arrangement. But if in either case this be impossible, the Consul shall invoke the assistance of a competent Chinese official, and these two, after having conjointly examined the affair, shall decide it equitably.

Art. XXXVI.-If hereafter French subjects suffer damage, or are subjected to any insult or vexation by Chinese subjects, the latter shall be pursued by the local authority, who shall take the necessary measures for the de.ence and pro- tection of French subjects; if ill doers or any vagrant part of the population com- mence to pillage, destroy, or burn the houses or warehouses of French subjects or any other of their establishments, the same authority, either on the requisition of the Consul, or of its own motion, shall send as speedily as possible an armed force to disperse the riot and to arrest the criminals, and shall deliver the latter up to the severity of the law; the whole without prejudice to the claims of the French subjects to be indemnified for proved losses.

       Art. XXXVII. If Chinese become, in future, indebted to French captains or merchants and involve them in loss by fraud or in any other manner, the latter shall no longer avail themselves of the combination which existed under the former state of things; they may address themselves only through the medium of their Consul to the local authority, who shall neglect nothing after having examined the affair to compel the defaulters to satisfy their engagements according to the laws of the country. But, if the debtor cannot be found, if he be dead, or bankrupt, and is not able to pay, the French merchants cannot claim against the Chinese authority.

Digitized by

Google

50

TREATY BETWEEN FRANCE'AND' CHINA

    In case of fraud or non-payment on the part of French merchants, the Consu shall, in the same manner, afford every assistance to the claimants, but neither he nor his Government shall in any manner be held responsible.

t

     Art. XXXVIII.-If unfortunately any fight or quarrel occurs between French and Chinese subjects, as also if during the course of such quarrel one or more persons be killed or wounded, by firearms or ot' erwise, the Chinese shall be arrested by the Chinese authority, who will be responsible, if the charge be proved, for their punish- ment according to the laws of the country. With regard to the French, they shall be arrested at the instance of the Consul, who shall take the necessary measures that they may be dealt with in the ordinary course of French law in accordance with the forms and practice which shall be afterwards decided by the French Government.

The same course shall be observed in all similar circumstances not enumerated in the present convention, the principle being that for the repression of crimes and offences committed by them in China French subjects shall be dealt with according to the laws of France.

Art. XXXIX.-Disputes or differences arising between French subjects in China shall, equally, be settled by the French authorities. It is also stipulated that the Chinese authorities shall not in any manner interfere in any dispute between French subjects and other foreigners. In the same way they shall not exercise any authority over French vessels; these are responsible only to the French authorities and the captain.

Art. XL.-If the Government of His Majesty the Emperor of the French shall consider it desirable to modify any of the clauses of the present treaty it shall be at liberty to open uegotiations to this effect with the Chinese Government after an interval of ten years from the date of the exc: ange of the ratifications. It is also understood that no obligation not expressed in the present convention sball be imposed on the Consuls or Consular Agents, nor on their nationals, but, as is stipulated, French subjects shall enjoy all the rights, privileges, immunities, and guarantees whatsoever which have been or shall be accorded by the Chinese Govern- ment to other powers.

Art. XLI.-His Majesty the Emperor of the French, wishing to give to His- Majesty the Emperor of China a proof of his friendly sentiments, agrees to stipulate in separate articles, having the same force and effect as if they were inserted in the present treaty, the arrangements come to between the two governments on the matters antecedent to the events at Canton and the expense caused by them to the Government of His Majesty the Emperor of the French.

    Art. XLII.-The ratifications of the present treaty of friendship, commerce, and navigation shall be exchanged at Peking within one year after the date of signature, or sooner if possible.

    After the exchange of ratifications, the treaty shall be brought to the knowledge of all the superior anthorities of the Empire in the provinces and in the capital, in order that its publication may be well established.

In token whereof the respective plenipotentiaries have signed the present treaty and affixed their seals thereto.

Done at Tintin, in four copies, this twenty-seventh day of June, in the year of grace one thousand eight hundred and fifty-eight, corresponding to the seventeenth day of the fifth moon of the eighth year of Hien Fung.

(Signed)

[L.8.]

BARON GROS.

"

[L.8.]

KWEI-LIANG.

"

[L.8.]

HWASHANA.

Digitized by

Google

1

CONVENTION BETWEEN THE EMPEROR OF THE FRENCH

AND THE EMPEROR OF CHINA

Signed at Peking, 25th October, 1860

His Majesty the Emperor of the French and His Majesty the Emperor of China, being desirous to put an end to the difference which has arison between the two Empires, and to re-establish and assure for ever the relations of peace and amity which before existed and which regrettable events have interruptel, have named as their respective Plenipotentiaries:-

       His Majesty the Emperor of the French, Sieur Jean Baptiste Louis, Baron Gros, Senator of the Empire, Ambassador and High Commissioner of France in China, Grand Officer of the Imperial Order of the Legion of Honour, Knight Grand Cross of several Orders, etc., etc., etc.;

And His Majesty the Emperor of China, Prince Kung, a member of the Imperial Fanily and High Commissioner;

Who, having exchanged their full powers, found in good and due form, have agreed upon the following articles :---

       Art. L-His Majesty the Emperor of China has regardǝl with pain the conduct of the Chinese inilitary authorities at the mouth of the Tientsin river, in the month of June last year, when the Ministers Plenipotentiary of France and England arrived there on their way to Peking to exchange the ratifications of the Treaties of Tientsia.

        Art. II. When the Ambassador, the High Commissioner of His Majesty the Emperor of the French, shall be in Peking for the purpose of exchanging the ratifica tions of the Treaty of Tientsin, he shall be treated during his stay in the capital with the honours due to his rank, and all possible facilities shall be given him by the Chinese Authorities in order that he m、y without obstacle fulfil the high mission confided to him.

       Art. III. The treaty signed at Tientsin on the 27th June, 1858, shall be faith- fully placed in execution in all its clauses im uediately after the exchange of the ratifications referred to in the preceding article, subject to the modifications introduced by the present Convention.

       Art. IV.-Article IV. of the Secret Treaty of Tientsin, by which His Majesty the Emperor of China undertook to pay to the French Government an indemnity of twe million taels, is sunulled and replaced by the present Article, which increases the amount of the indemnity to eight million taels.

       It is agreed that the sum already paid by the Canton Customs on account of the sum of two million taels stipulated by the Treaty of Tientsin shall be considered as having been paid in advance and on account of the eight million taels referred to in the present article.

The provisions of the Article of the Secret Treaty of Tientsin as to the mode of payment of the two million taels are annulled. Payment of the remainder of the sum of eight million taels to be paid by the Chinese Government as provided by the present Convention shall be made in quarterly instalments consisting of one-fifth of the gross Customs revenues at the ports open to foreig trade, the first term commencing on the 1st October of the present year, anl finishing on the 31st December following. This sum, specially reserved for the payment of the indemnity due to France, hill be paid into the hands of the Minister for France or of his delegates in Mexican dollars or in bar silver at the rate of the day of payment.

       A sum of five hundre I thousand taels shall, however, be paid on account in advance, at one time, and at Tientsin, on the 30th November next, or sooner if the Chinese Government judges it convenient.

A Mixed Commission, appointed by the Minister of France and by the Chinese Authorities, shall determine the rules to be followed in effecting the payment of the whole of the in lemnity, the verification of the amount, the giving of receipts, and in short fulfilling all the formalities required in such case.

       Art. V. The sum of eight million taels is allowed to the French Government to liquidate the expenses of its armament against China, as also for the indemnification of French subjects and protégés of France who sustained loss by the burning of the

Digitized by

Google

52

CONVENTION BETWEEN FRANCE AND CHINA

factories at Canton, and also to compensate the Catholic missionaries who have suffered in their persons or properts. The French Government will divide this sum between the parties interested, after their claims shall have been legally established, in satisfaction of such claims, and it is understood between the contracting parties that one million of taels shall be appropriated to the indemnification of French subjects or protégés of France for the losses they have sustained or the treatment to which they have been subjected, and that the remaining seven million taels shall be applied to the liquidation of the expenses occasioned by the war.

    Art. VI.-In conformity with the Imperial edict issued on the 20th March, 1856, by the August Emperor Tao Kwang, the religious and charitable establishments which have been confiscated during the persecutions of the Christians shall be restored to their proprietors through the Minister of Frauce in China, to whom the Imperial Government will deliver them, with the cemeteries and edifices appertaining to them.

Art. VII.-The town and port of Tientsin, in the province of Pechili, shall be opened to foreign trade on the same conditions as the other towns and ports of the Empire where such trade is permitted, and this from the date of the signature of the present Convention, which shall be obligatory on the two nations without its being necessary to exchange ratifications, and which shall have the same force as if it were inserted word for word in the Treaty of Tientsin.

    The French troops now occupying this town shall, on the payment of the five hundred thousand taels provided by Article IV. of the present Convention, evacuate it and proceed to occupy Taku and the north east coast of Shantung, whence they shall retire on the same conditions as govern the evacuation of the other points occupied on the shores of the Empire. The Commanders-in-Chief of the French forces shall, however, have the right to winter their troops of all arms at Tientsin, if they judge it convenient, and to withdraw them only when the indemuities due by the Chinese Government shall have been entirely paid, unless the Commanders-in-Chief gball think it convenient to withdraw them before that time.

    Art. VIII.--It is further agreed that when the present Convention shall have been signed and the ratifications of the Treaty of Tientsin exchanged, the French forces which occupy Chusan shall evacuate that island, and that the forces before Peking shall retire to Tientsin, to Taku, to the north coast of Shantung, or to the town of Canton, and that in all these places or in any of them the French Government may, if it thinks fit, leave troops until such tinie as the total sum of eight million taels shall have been fully paid.

    Art. IX.-It is agreed between the high con racting parties that when the ratifications of the Treaty o. Tientsin shall have been exchanged an Imperial edict shall order the high authorities of all the provinces to permit any Chinese who wishes to go to countries beyond the sea to establish himself there or to s ek his fortune, to embark, himself and his family, if he so wishes, on French ships in the ports of the empire open to foreign trade. It is also agreed, in the interest of the emigrants, to ensure their enti freedom of action and to safeguard their rights, that the competent Chinese authorities shall confer with the Minister of France in China for the making of regulations to assure for these engagements, always voluntary, the guarantees of morality and security which ought to govern them.

Art. X.-It is well understood between the contracting parties that the tonnage dues which by error were fixed in the French Treaty of Tientsin at five mace per ton for vessels of 150 tons and over, and which in the treaties with England and the United States signed in 1858 were fixed at four mace only, shall not exceed this same sum of four mace, and this without the invocation of the last paragraph of Art. XXXII. of the Treaty of Tientsin, which gives to France the formal right to claim the same treatment as the most favoured nation.

The present Convention of Peace has been made at Peking, in four copies, on the 25th October, 1860, and has been signed by the respective plenipotentiaries, who have thereto affixed their seals and their arms.

[L.8.]

(Sd.)

[L.8.]

(sd.)

BARON GROS. KUNG.

Digitized by

Google

TREATY OF PEACE, FRIENDSHIP, AND COMMERCE BETWEEN

FRANCE AND CHINA

SIGNED AT TIentsin, 9th Junf, 1885.

The President of the French Republic and His Majesty the Emperor of China, each animated by an equal desire to bring to an end the difficulties which have given rise to their simultaneous intervention in the affairs of Annam, and wishing to re-establish and improve the relations of frendship and commerce which previously existed between France and China, have resolved to conclude a new treaty to further the common interest of both nations on the basis of the preliminary Convention signed at Tientsin on the 11th May, 1884, and ratified by an Imperial decree of the 13th April, 1885.

       For that purpose the two high contracting parties have appointed as their pleni- potentiaries the following, that is to say :--

      The President of the French Republic, M. Jules Patenôtre, Envoy Extraordinary and Minister Pleni otentiary for France in China, Officer of the Legion of Honour Grand Cross of the Swedish Örder of the Pole Star, &c., &c.

       And His Majesty the Emperor of China, Li Hung-chang, Imperial Commissioner, Senior Grand Secretary of State, Grand Honorary Preceptor of the Heir Presumptive; Superintendent of Trale for the Northern Ports, Governor-General of the Province of Chihli, of the First degree of the Third Order of Nobility, with the title of Sou-yi;

       Assisted by Hai Chen, Imperial Commissioner, Member of the Tsung-li Yamên, President of the Board of Punishments, Administrator of the Treasury at the Ministry of Finance, Director of Schools for the Education of Hereditary Officers of the Left Wing of the Yellow Bordered Banner;

And Teng Chang-su, Imperial Commissioner, Member of the Tsung-li Yamên¡ Director of the Board of Ceremonies;

Who having communicated their full powers, which have been found in good and due forın, have agreed upon the following Articles:

The

Art. I-France engages to re-establish and maintain order in those provinces of Annam which border upon the Chinese empire. For this purpose she will take the necessary measures to disperse or expel the bands of pirates and vagabonds who endanger the public safety, and to prevent their collection together again. Nevertheless the French troops shall not, under any circumstances, cross the frontier which separates Tonkin from China, which frontier France promises both to respect herself and to guarantee against any aggression whatsoever.

       On her part China undertakes to disperse or expel such bands as may take refuge in her provinces bordering on Tonkin and to disperse those which it may be attempted to form there for the purpose of causing disturbances amongst the populations placed under the protection of France; and, in consideration of the guarantees which have been given as to the security of the frontier, she likewise engages not to send troops into Tonkin.

The high contracting parties will fix, by a special convention, the conditions under which the extradition of malefactors between China and Annam shall be carried out, The Chinese, whether colonists or disbanded soldi rs, who reside peaceably in Annam, supporting themselves by agriculture, industry, or trade, and whose conduct shall give no cause of complaint, shall enjoy the same security for their persons and property as French protégés.

Digitized by

Google

34

TREATY BETWEEN FRANCE AND CHINA.

    Art. II.-China, being resolved to do nothing which may imperil the work of pacification undertaken by France, engages to respect, both in the present and in the future, the treaties, conventions, and arrangements concluded directly between France and Annam, or which may hereafter be concluded.

As regards the relations between China and Annam, it is understood they shall be of such a nature as shall in no way injure the dignity of the Chinese empire or give rise to any violation of the present treaty.

    Art. III. Within a period of six months from the signature of the present treaty commissioners appointed by the high contracting parties shall proceed to the spot in order to define the frontier between China and Tonkin. They shall place landmarks wherever necessary to render the line of demarcation clear. In those cases where they may not be able to agree as to the location of these landmarks or ou such rectifications of detail as it may be desirable to make, in the interest of the two nations, in the existing frontier of Tonkin, they shall refer the difficulty to their respective Governments.

    Art. IV.-When the frontier shall have been agreed upon, French or French protégés and foreign residents of Tonkin who may wish to cross it in order to enter China shall not be allowed to do so unless they shall have previously provided them- selves with passports issued by the Chinese frontier authorities on the requisition of the French authorities. For Chinese subjects an authorisation given by the Imperial

frontier authorities shall be sufficient.

Chinese subjects wishing to proceed from China to Tonkin by the land route shall be obliged to provide themselves with regular passports, issued by the French authorities on the requisition of the Imperial authorities.

Art. V.-Import and export trade shall be permitted to French or French- protected traders and to Chinese traders across the land frontier between China and Tonkin. It shall, however, be carried on through certain spots which shall be settled later, and both the selection and number of which shall correspond with the direction and importance of the traffic between the two countries. In this respect. the Regulations in force in the interior of the Chinese Empire shall be taken into account.

In any case, two of the said spots shall be marked out on the Chinese frontier, the one above Lao-kai, the other beyond Lang-son. French traders shall be ai liberty to settle there under the same conditions, and with the same advantages, in the ports open to foreign trade. The Government of His Majesty the Emperor of China shall establish custom-houses there, and the Government of the French Republic shall be at liberty to maintain Consuls there whose powers and privileges shall be identical with those of Agents of the same rank in the open ports.

    On his part, His Majesty the Emperor of China shall be at liberty, with the concurrence of the French Government, to appoint Consuls in the principal towns of

Tonkin.

Art. VI.A special code of Regulations, annexed to the present Treaty, shall define the conditions under which trade shall be carried on by land between Tonkin and the Chinese provinces of Yunnan, of Kwang-si, and of Kwang-tung. Such Regulations shall be drawn up by Commissioners, who shall be appointed by the High Contracting Parties, within thres mouths from the signature of the present Treaty.

All goods dealt with by such trade shall be subject, on import and export between Tonkin and the provinces of Yunnan and Kwang-si, to duties lower than those laid down by the present Tariff for foreign trade. The reducel Tariff shall not, however, be applied to go ds transported by way of the land frontier between Tonkin and Kwang-tung, and shall not be enforced within the ports already open by Treaty.

    Trade in arms, engines, supplies, and munitions of war of any kind whatsoever shall be subject to the Laws and Regulations issued by each of the Contracting States within its own territory.

Digitized by

Google

TREATY BETWEEN FRANCE AND CHINA

66

       The export and import of opium shall be governed by special arrangements to be inserted in the above-mentioned code of Regulations.

Trade by sea between China and Annam shall likewise be dealt with by a separate rode of Regulations. In the meanwhile, the present practice shall remain unaltered. Art. VII.-With a view to develop under the most advantageous conditions the relations of commerce and of good neighbourship, which it is the object of the present Treaty to re-establish between France and China, the Government of the Republic · thall construct roads in Tonkin, and shall encourage the construction of railways

there.

       When China, on her part, shall have decided to construct railways, it is agreed that she shall have recourse to French industry, and the Government of the Republic shall afford every facility for procuring in France the staff that may be required. It is, moreover, understood that this clause shall not be looked upon as constituting an exclusive privilege in favour of France.

       Art. VIII-The commercial stipulations of the present Treaty and the Regula- tions to be agreed upon shall be liable to revision after an interval of ten complete pars from the date of the exchange of the ratifications of the present Treaty. "But in case six months before it expires neither one nor other of the High Contracting Parties shall bave expressed a wish to proceed to a revision, the commercial stipula- tjera shall remain in force for a fresh" period of ten years, and so further in like

maaner.

        Art, IX.-As soon as the present Treaty shall have been signed, the French forces shall receive orders to retire from Kelung and to cease search, &c., on the tigh sena. Within one month from the signature of the present Treaty the Island of Formosa and Pescadores shall be entirely evacuated by the French troops.

       Art. X.-All stipulations of former Treaties, Agreements, and Conventions between France and China, which are not modified by the present Treaty, remain in full force.

       The present Treaty shall be ratified at once by His Majesty the Emperor of China, and after it shall have been ratified by the President of the French Republic, the exchange of ratifications shall take place at Peking with the least possible delay.

       Done in quadruplicate at Tientsin, this 9th June, 1885, corresponding to the 27th day of the 4th moon of the 11th year of Kwang-su.

PATENOTRE.

(Signed)

[L.8.]

**

[L.B.]

HSI CHEN.

[L.S.]

LI HUNG-CHANG.

>>

[E.8.]

TENG CHANG-SU.

Digitized by

Google

TRADE REGULATIONS FOR THE ANNAM FRONTIER JOINTLY

DETERMINED ON BY FRANCE AND CHINA

SIGNED AT Peking 25th April, 1886

[Translated from the French Text]

Whereas in Article VI. of the Treaty between the President of the French Re- public and His Majesty the Emperor of China, signed the 9th day of June, 1885, it is stated that "Regulations for the c nduct of overland trade between Toukin and the Chinese provinces of Yunnan, Kwang-si, and Kwangtung shall be jointly discussed and concluded by Commissioners appointed by the two Powers, and will form a supple- ment to the present Treaty ;" and whereas in the tenth article of that agreement it is set forth that "provisions of former Treaties and Regulations ag eed to by France and Cuina, except in so far as they are modified by the present agreement, will continue to retain their original validity," the two High Contracting Parties have for this purpose named as their plenipotentiaries, that is to say:-

    The President of the French Republic, G. Cogordan, Minister Plenipotentiary of France to China, Officer of the Legion of Honour, Knight of the Order of the Crown of Italy, &c., &c., together with E. Bruwaert, Consul of the first class, Assistant Commissioner for Treaty negotiations, Knight of the Order of Gustav of Sweden, and of the Order of Leopold of Belgium;

And His Majesty the Emperor of China, Li, Grand Preceptor of the Heir Ap- parent, Grand Secretary of State, Superintendent of Trade fort e Northern Seaboard, Joint Commissioner of Admiralty, Governor of Chihli, and a member of the first degree of the third order of the hereditary nobility, with the title of Sou-yi;

    Who aiter having communicated to each other their respective full powers, and found them to be in due form, have concluded the following Articles :-

     Art. I.-In accordance with the terms of Article V. of the Treaty of the 19th June, 1885, the high contracting parties agree that for the present two places shall be opened to trade, one to the north of Langson and the other above Lao-kai. Chioa will establish Custom Houses there, and France shall have the right to appoint Consuls, who shall enjoy all rights and privileges conceded in China to the Consuls of the most favoured nation.

    The work of the Commission charged with the delimitation o' the two countries not being completed at the time of the signature of the present Convention, the place to be opened to trade north of Langson shall be selected and determined in the course of the present year by arrangement between the Imperial Government and the representative of France at Peking. As to the place to be opened to trade above Lao-kai, this will also be determined by common accord when the frontier between the two countries shall have been defined.

}

    Art. II. The Imperial Government may appoint Consuls at Hanoi and at Haiphong. Chinese Consuls may also e sent later on to other large towns in Tonkin by arrangement with the French Government.

The agents shall be treated in the same manner and have the same rights and privileges as the Consuls of the most favoured nation in France. They shall maintain - official relations with the French authorities charged with the Protectorate.

Digitized by Google

TRADE REGULATIONS BETWEEN FRANCE AND CHINA

Art. III.-It is agreed, on the one side and the other, that in the places where Consuls are appointed the respective authorities will facilitate the installation of there agents in suitable residences.

Frenchmen may establish themselves in the places opened to trade on the frontier of China under the conditions set forth in Articles VII., X., XI., XII., and othera of the treaty of the 27th June, 1858.

Annamites shall enjoy in these places the same privileged treatment.

Art. IV.-Chinese shall have the right of possessing land, erecting buildings, opening commercial houses, and having warehouses throughout Annam.

They shall receive for their persons, their families, and their goods the same protection as the most favoured European nation, and, like the latter, may not be made the object of any ill-treatment. The official and private correspondence and telegrama of Chinese officials and merchants shall be freely transmitted through the French postal and telegraphic administrations.

Frenchmen will receive from China the same privileged treatment.

      Art. V.-Frenchmen, French protégés, and foreigners residing in Tonkin may cross the frontiers and enter China on condition of being furnished with passports, These passports will be given by the Chinese authorities at the frontier, on the requisition of the French authorities, who will ask for them only for respectable persons; they will be surrendered to be cancelled on the holder's return.

                                            In the case of those who have to pass any place occupied by aborigines or savages, it will be mentioned in the passport that there are no Chinese officials there who can protect them.

Chinese who wish to come from China to Tonkin by land must in the same way be furnished with passports granted by the French authorities on the requisition of the Chinese authorities, who will ask for them only on behalf of respectable

persons.

The pa sports so granted on the one side or the other shall serve only as titles to travel and shall not be considered as certificates of exemption from taxes for the transport of merchandise.

Chinese authorities on Chinese soil and French authorities in Tonkin shall have the right to arrest persons who have crossed the frontier without passports and send them back to their respective authorities to be tried and punished if nec. ssary.

      Chinese residing in Annam may return from Tonkin to China on simply obtaining from the Imperial authorities & pass permitting them to cross the frontier.

Frenchmen and other persons established in the open places on the frontier may travel without passports to a distance of 50 li (578 metres to the li) around such places.

       Art. VI.-Merchandise imported into the places opened to trade on the frontier of China by French merchants and French protégés may, after payment of the import duties, be conveyed to the interior markets of China under the conditions fixed by Rule VII. annexed to the Treaty of the 27th June, 1858, and by the general rules of the Chinese Imperial Maritime Customs with regard to import transit passes.

      When foreign merchandise is imported into these places a declaration shall be made at the Custom House of the nature and quantity of the merchandise, as well as of the name of the person by whom it is accompanied. The Customs authorities will proceed to verification, and will collect the duty according to the general tariff of the Imperial Maritime Cu-toms, diminis ed by one-fifth. Articles not mentioned in the tariff will remain subject to the duty of 5 per cent, ad valorem. Until this duty bas been paid the goods may not be taken out of the warehouses to be sent away and sold,

▲ merchant wishing to send foreign merchandise into the interior shall make fresh declaration at the Custom House, and pay, without reduction, the transit dues fixed by the general rules of tho Chinese Maritime Customs.

After this payment the Customs will deliver a transit pass which will enable the carriers to go to the localities mentioned in the pass for the purpose of disposing of the said merchandise.

Digitized by

Google

58

TRADE REGULATIONS BETWEEN FRANCE AND CHINA

Under these conditions, no new duties will be levied at the interior barriers or lekin stations.

    Merchandise for which transit passes have not been obtained will be liable to all the barrier and lekin duties imposed upon indigenous products in the interior of the country.

    Art. VII-Merchandise bought by Frenchmen and persons under French protection in the interior markets of China may be brought into the open places on the frontier, for the purpose of being from thence exported to Tonkin, under the conditions fixed by Rule VII. annexed to the Treaty of the 27th June, 1858, with regard to the transit of merchandise for export.

    When Cbinese merchandise for export arrives at these places, declaration shall be made at the Custom House as to the nature and quantity of the merchandise, as well as the name of the person accompanying it.

The Customs authorities will proceed to verification.

    Such of this merchandise as shall have been bought in the interior by a merchant furnished with a transit pass, and which consequently has not paid any lekin or barrier duty, shall in the first place pay the transit duty fixed by the general tariff of the Chinese Maritime Customs.

It shall then pay the export duty diminished by one-third. Articles not named in the tariff will remain subject to the duty of 5 per cent. ad valorem.

    After payment of these duties the merchandise will be allowed to pass free, and to be sent beyond the frontier.

    The merchant who, not being furnished with a transit pas, has bought goods in the interior, shall pay the duties levied at the barriers and lekin stations; receipts shall be delivered to him, and on arriving at the Custom House he shall be exempted from payment of the transit dues on presentation of these receipts.

French merchants and persons under French protection importing or exporting merchandise through the Customs offices on the frontiers of Yunnan and Kwangsi, and Chinese merchants importing or exporting merchandise to or from Tonkin, will not have to pay any toll on their carriages or beasts of burden. On the navigabie water-courses on the frontier, vessels may, on the one side and the other, be subjected to the payment of tonnage-dues, conformably to the rules of the Maritime Customs of the two countries.

    As regards the provisions of the present article and the preceding one, it is agreed by the high contracting parties that if a new customs tariff should be established by common accord between China and a third Power, for trade by land on the south-western frontiers of the Chinese Empire, France shall obtain the application of it.

Art. VIII.-Foreign merchandise which, not having been sold within a period of thirty-six months atter having paid the import duty at one of the Chinese frontier Customs stations, is forwarded to the other frontier Customs station, shall be examined at the first of these stations, and if tho wrappings are found intact, and if nothing has been disturbed or changed, a certificate of exemption for the amount of the first duty collected will be given. The bearer of this certificate will deliver it to the other frontier station, in payment of the new duty which he will have to pay. The Customs may in like manner give bonds which will be available for payment of duties at the Custom House by which they are issued any time within three years. Money will never be returned.

If the same merchandise is re-despatched to one of the open ports of China, it will there, conformably to the general rules of the Chinese "Maritime Customs, be subjected to payment of the import duties, and the certificates or bonds given at the frontier Customs shall not there be made use of. Neither will it be allowed to present there, in payment of duties, the quittances delivered by the frontier Customs on the first payment. As to transit dues, conformably to the rules in force at the open ports, when once they have been paid, bonds or exemption certificates will never be given in respect of these.

Digitized by

Google

TRADE REGULATIONS BETWEEN FRANCE AND CHINA

50

Art. IX.-Chinese merchandise which, after having paid transit and export dues at one of the frontier Customs stations, may be sent to the other frontier Customs station to be sold, shall be subjected on its arriva! at the second station only to payment-called a re-importation duty of one-half the export duty already collected. The merchandise conformably to the rules established in the opon ports may not be transported into the interior by foreign merchants.

      If this Chinese merchandise be transported to one of the open ports of China, it will be assimilated to foreign merchandise, and shall pay a new import duty in full, conformably to the general tariff of the Imperial Maritime Customs.

This merchandise will be allowed to pay transit duty on being sent into the in- terior. Chinese merchandise imported from a Chinese seaport into an Annawite port in order to be transported to the land frontier and then to re-enter Chinese territory, will be treated as foreign merchandise and will pay the local import dues. This merchandise will be allowed to pay the transit duty on being sent into the interior.

        Art. X.-Declarations to the Chinese Customs must be made within thirty-six hours of the arrival of the goods under a penalty of Tls. 50 for each day's delay; but the fine shall not exceed Tls. 200. An inexact declaration of the quantity of the goods, if it is proved that it has been made with the intention of evading payment of the duties, will entail upon the merchant confi-cation of his goods. Goods not provided with a permit from the chief of the Customs, which are clandestinely introduced by by-ways, and unpacked or sold, or which are intentionally smuggled, shall be entirely confiscated. "In every case of false declaration or attempt to deceive the Customs as regards the quality or the real origin or real destination of goods for which transit passes bave been applied the goods shall be liable to con- facation. The penalties shall be adjudged according to the conditions and proce- dure fixed by the Rules of 31st May, 1868. In all cases where confiscation shall have been declared, the merchant shall be at liberty to recover his goods on payment of a sum equivalent to their value, to be duly settled by arrangement with the Chine- e authorities. The Chinese authorities hall have every liberty to devi e measures to be taken in China, along the frontier, to prevent smuggling.

       Merchandise descending or ascending navigable rivers in French, Annamite, or Chinese vessels will not necessarily have to be landed at the frontier, unless there is an appearance of fraud, or a divergence between the nature of the cargo and the declaration of the manifest. The Customs will only send on board the said vessels. agents to visit them.

        Art. XI.-Products of Chinese origin imported into Tonkin by the land frontier shall pay the import duty of the Franco-Annamite tariff. They will pay no export duty on leaving Tonkin. The Imperial Government will be notified of the new tariff which France will establish in Tonkin. If taxes of excise, of consumption, or of guarantee be established in Tonkin on any articles of indigenous production, similar Chinese productions will be subjected, on importation, to equivalent taxes.

        Art. XII.-Chinese merchandise transported across Tonkin from one of the two frontier Customs stations to the other, or to an Annamite port to be from thence exported to China, shall be subjected to a specific transit duty, which shall not exceed two per cent. of the value. At the point where it leaves Chinese territory this merchandise will be examined by the French Customs authorities on the frontier, who will specify its nature, quantity, and destination in a certificate which shall be produced whenever required by the French authorities during its transport across Tonkin, as well as at the port of shipment.

In order to guarantee the Franco-Annamite Customs against any possible fraud, snch Chinese products, ou entering Tonkin, shall pay the import duty.

       A transit permit will accompany the goods to the place of leaving the country, whether this be the port of transhipment or the land frontier, and the sum paid by the proprietor of the merchandise will, after deducting the transit dues, be then restored to him in exchange for the receipt delivered to. him by the Tonkin Čustoms.

       Every false declaration or act evidently intended to deceive the French admi- sistention as to the quality, quantity, real origin, or real destination of merchandise

Digitized by Google

TRADE REGULATIONS BETWEEN FRANCE AND CHINA

  For which the special treatment applicable to Chinese products traversing Tonkin in transit is asked, will entail the confiscation of such merchandise... In every case where confiscation has been declared, the merchant shall be free to recover his goods on payment of a sum equivalent to their value, which shall be duly determined by

arrangement with the French authorities.

    The same rules and the same transit duty will be applicable in Annam to Chinese merchandise despatched from a Chinese port to an Annamite port in order to get to the Chinese frontier Castoms by crossing Tonkin.

Art. XIII.-The following articles, that is to say, gold and silver ingots, foreign money, flour, Indian meal, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery, foreign clothing, jewellery, plated ware, perfumery, soaps of all kinds, charcoal, firewood, candles (foreign), tobacco, wine, beer, spirits, household stores, ship's stores, personal baggage, stationery, carpeting, cutlery, drugs, foreign medicines, and glass ware, shull be verified by the Chinese Customs on their entry and clearance; if they are really of foreign origin and intended for the personal use of foreigners, and if they arrive in moderate quantity, a duty exemption certificate will be given which will pass them free at the frontier. If these articles are withheld from declaration or the formality of an exemption certificate, their clandestine intro- daction will render them subject to the same penalty as smuggled goods.

    With the exception of gold, silver, money, and luggage, which will remain exempt from duty, the above mentioned articles destined for the personal use of foreigners and imported in moderate quantity, will pay, when they are transported into the interior of China, a duty of 21 per cent. on their value.

The Franco-Annamite frontier Customs shall collect no duty on the following articles of personal use which Chinese carry with them, either on entering or leaving Tonkin, that is to say, money, luggage, clothes, women's head ornaments, paper, hair pencils, Chinese ink, furniture, or food, or on articles ordered by the Chinese Consuls in Toukin for their personal consumption.

    Art. XIV.-The high contracting parties agree to prohibit trade in and trans- port of opium of whatsoever origiu by the land frontier between Tonkin on the ove side and Yunnan, Kwang-si, and Kwangtung on the other side.

Art. XV.-The export of rice and of cereals from China is forbidden. The import of these articles shall be free of duty.

    The import of the following articles into China is forbidden :-Gunpowder, pro. jectiles, rifles and guns, saltpetre, sulphur, lead, spelter, arms, salt, and immoral

publications.

In case of contravention these articles shall be entirely confiscated.

    If the Chinese authorities have arms or munitions bought or if merchants receive express authority to buy them, the importation will be permitted under the special surveillance of the Chinese Customs. The Chinese authorities may, further- more, by arrangement with the French Consuls, obtain for the arms and munitions which they wish to have conveyed to China through Tonkin exemption from all the Franco-Annamite duties.

    The introduction into Tonkin of arms, munitions of war, and immoral publica- tions is also prohibited.

    Art. XVI.-Chinese residing in Annam shall be placed under the same condi- tions, with regard to criminal, fiscal, or other jurisdiction, as the subjects of the most favoured nation. Law-suits which may arise in China, in the open markets on the frontier, between Chinese subjects and Frenchmen or Annamit & shall be decided in ➜ Mixed Court by Chinese and French officers.

8

With reference to crimes or offences committed by Frenchinen or persons under French protection in China, in the places opened to trade, the procedure shall be in conformity with the stipulations of Articles XXXIII. and XXXIV. of the treaty of the 27th June, 1858.

Art. XVII.-If in the places opened to trade on the frontier of China Chinese deserters or persons accused of crimes against the Chinese law shall take refuge in the houses or on board the vessels of Frenchmen or persons under French protection

Digitized by

Google

ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA

the local authority shall apply to the Consul, who, on proof of the guilt of the accused, sball immediately take the necessary measures in order that they may be given up and delivered to the regular course of the law.

      Chinese guilty or accused of crimes or offences who seek refuge in Annam, shall on the request of the Chinese authorities and on proof of their guilt, be sought for, arrested, and extradited in all cases where the subjects of the countries enjoying the most liberal treatment in the matter of extradition might be extradited from France.

      Frenchmen guilty or accused of crimes or offences, who seek refugo in China, shall, at the request of the French authorities and on proof of their guilt, be arrested and delivered up to the said authorities to be tried according to the regular process. of law.

On both sides all concealment and connivance shall be avoided.

      Art. XVIII.-In any difficulty not provided for in the preceding provisions recourse shall ie had to the rules of the Maritime Customs, which, in conformity with existing treaties, are now applied in the open towns or ports.

       In case these rules are insufficient the representatives of the two countries shall refer the matter to their respective Governments.

       In accordance with the terms of Article VIII. of the treaty of the 9th June, 1885, the present stipulations may be revised ten years after the exchange of the ratifications.

      Art. XIX.-The present Convention of Trade, after having been ratified by the Governments, shall be promulgated in France, in China, and in Annam.

The exchange of the ratifications shall take place at Peking within one year from the date of the signature of the Convention, or earlier if possible.

      Done at Tientsin, in four copies, the 25th April, 1886, corresponding to the 22nd day of the third moon of the twelfth year of Kwang-Su.

(Signed)

[L.S.]

G. COGORDAN.

>>

[L.8.]

E. BRUWAERT.

"

[L.S.]

LI HUNG-CHANG.

ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA, 1887

(Translated from the Chinese Text)

His Imperial Majesty the Emperor of China and the President of the French Republic, desiring to strengthen the commercial relations between the two countries and also to ratify at d give effect to the Treaty signed at Tientsin on the 25th April, 1886, have appointed Plenipotentiaries to take the necessary steps thereto. H.İ.M. the Emperor of China has specially appointed H.I.H. Prince Ching and H.E. Sun Yu-wen, member of the Tsung-li Yamên and Vice-President of the Board of Works. The President of the Republic has appointed His Excellency Constans, Deputy, ex-Minister of the Interior, and Minister Plenipotentiary in China. Who, having exchanged their full powers and established their authenticity in due form, have agreed on the following Articles :-

Art. I.-Such articles of the Treaty signed at Tientsin as are not affected by this Convention shall on the exchange of the ratifications be put in force at once.

Art. II.-Whereas it was agreed by the Treaty of 1886 that Lungchow in Kwangsi and Mengtzu in Yunnan should be opened to trade, and whereas Manghao, which lies between Paosheng and Mengtzu, is on the direct road between the two places by water, it is agreed that this also shall be opened to trade on the same conditions as the other ports, and that a deputy of the Consul at Mengtzu shall be allowed to

reside there.

Digitized by Google

62

ADDITIONAL CONVENTION BETWEEN France AND CHINA

    Art. III-In order to develop the trade between China and Tonkin as rapidly as possible the tariff rules laid down in Articles VI. and VII. of the Treaty of 1886 are temporarily altered, and it is agreed that foreign goods imported to Yunnan and Kwangsi from Tonkin shall pay 70 per cent. of the import duties collected by the Customs at the Coast Ports in China, and that produce exported from China to Ton- kin, shall pay 60 per cent. of the export duties in force at the Treaty Ports.

    Art. IV. Chinese produce which has paid import duties under Art. XI. of the Treaty of 1886, and is transported through Tonkin to a port of shipment in Cochin- China, shall if exported thence to any other place than China pay export duties accord- ing to the Franco-Annamite tariff.

    Art. V.-Trade in Chinese native opium by land is allowed on payment of an export duty of Tls. 20 per picul, but French merchants or persons under French pro- tection may only purchase it at Lungchow, Mengtzu, and Manghao, but no more than Tls. 20 per picul shall be exacted from the Chinese merchants as inland dues. When opium is sold the seller shall give the buyer a receipt showing that the inland dues have been paid, which the exporter will hand to the Customs when paying export duty. It is agreed that opium re-imported to China by the Coast Ports cannot claim the privileges accorded other re-imports of goods of native origin.

Art. VI.-French and Tonkinese vessels other than men-of-war and vessels carrying troops and Government stores plying on the Songkat and Caobang Rivers between Langshan and Caobang shall pay a tonnage due of 5 candareens per ton at Lungchow, but all goods on board shall pass free. Goods may be imported to China by the Songkat and Caobang Rivers or overland by the Government road, but until the Chinese Government establishes Custom-houses on the frontier goods taken overland must not be sold at Lungchow until they have paid duty there.

     Art. VII.-It is agreed that should China enter into treaties with regard to com- mercial relations on her southern and south-western frontiers all privileges accorded by her to the most favoured nation are at once without further formality accorded to France.

Art. VIII.-The above Articles having been agreed to and translated into Chi- nese H.I.H. the Prince on bebalf of China and H.E. the Minister on behalf of France have signed duplicate copies and affixed their seals thereto.

    Art. IX. When the ratifications of this Convention and of the Treaty of 1886 shall have been exchanged they shall be put in force as if they were one Treaty.

Art. X.-The ratifications of the Convention shall be exchanged at Peking when the assent of His Imperial Majesty the Emperor of China and of His Excellency the President of the French Republic shall have been signified.

Signed at Peking on the 26th June, 1887.

E. CONSTANS.

PRINCE CHI'NG. SUN YU-WEN.

Digitized by

Google

GERMANY

TREATY OF AMITY, COMMERCE, AND NAVIGATION BETWEEN

PRUSSIA AND CHINA

SIGTED IN THE Guzman, French, and Chinese Languages at TieNTSIN,

2ND SEPTEMBER, 1861

Ratifications Enchanged at Shanghai, 14th January, 1868

Treaty of Amity, Commerce, and Navigation, between the States of the German Customs Union, the Grand Duchies of Mecklenburg-Schwerin and Mecklenburg- Strelitz, and the free Hanseatic Towns of Lubeck, Bremen, and Hamburg on the one part, and China on the other part.

His Majesty the King of Prussia, for himself, as also on behalf of the other members of the German Zollverein, that is to say:-The Crown of Bavaria, the Crown of Saxony, the Crown of Hanover, the Crown of Wurtemburg, the Grand Duchy of Baden, the Electorate of Hesse, the Grand Duchy of Hesse, the Duchy of Brunswick, the Grand Duchy of Oldenburg, the Grand Duchy of Luxemburg, the Grand Duchy of Saxony, the Duchies of Saxe Meiningen, Saxe Altenbarg, Saxe Coburg Gotha, the Duchy of Nassau, the Principalities Waldeck and Pyrmont, the Duchies Anhalt, Dessau, Koethen, and Anhalt Bernburg, the Principalities Lippe, the Principalities Schwarzburg Sondershausen and Schwarzburg Rudolstadt, Reuss the Elder Line, and Reuss the Younger Line, the Free City of Frankfort, the Grand Baillewick Meisenheim of the Lindgravate Hesse, the Baillewick Hamburg of the Landgravate He se, also the Grand Duchies Mecklenburg-Schwerin and Mecklenburg-Strelitz, and the Senates of the Hanseatic Towns, Lubeck, Bremen, and Hamburg, of the one part, and His Majesty the Emperor of China of the other part, being sincerely desirous to establish friendly relations between the said States and China, have resolved to confirm the same by a Treaty of Friendship and Commerce, mutually advantageous to the subjects of both High Contracting Parties, and for that purpose have named for their Plenipotentiaries, that is to say:-

       His Majesty the King of Prussia, Frederick Albert Count of Eulenburg, Chamberlain, His Majesty's Envoy Extraordinary and Minister Plenipotentiary, Knight of the Red Eagle, Knight of St. John, &c., &c., &c.; and His Maje ty the Emperor of China, Cheong-meen, a member of the Imperial Ministry of Foreign Affairs at Peking, Director-General of Public Supplies, and Imperial Commissioner: and Chong-hee, Honorary Under-Secretary of State, Superintendent of the three Northern Ports, and Deputy Imperial Coumissioner, who after having communicated to each other their respective full powers, and found the same in good and due form, have agreed upon the following articles:

Art. I.-There shall be perpetual peace and unchanging friendship between the contracting States. The subjects of both States shall enjoy full protection of person and property.

Art. II. His Majesty the King of Prussia may, if he see fit, accredit a diplomatic agent to the Court of Peking, and His Majesty the Emperor of China may, in like manner, if he see fit, nominate a diplomatic agent to the Court of Berlin,

The diplomatic agent nominated by His Majesty the King of Prussia shall also represent the other contracting German States, who shall not be permitted to be represented at the Court of Peking by diplomatic agents of their own. His Majesty the Emperor of China hereby agrees that the dip! matic agent, so appointed by His Majesty the King of Prussia, may, with his family and establishment, permanently reside at the capital, or may visit it occasionally, at the option of the Prussian Government.

      Art. III.-The diplomatic agents of Prussia and China shall, at their respective residences, enjoy the privileges and immunities accorded to them by international law.

Digitized by Google

64

TREATY BETWEEN PRUSSIA AND CHINA

 Their persons, their families their residence, and their correspondence shall be held inviolable. They shall be at liberty to select and appoint their own officers, couriers, interpreters, servants, and attendants withot any kind of molestation.

   All expenses occasioned by the diplomatic missions shall be borne by the respective governments.

   The Chinese Government agrees to assist His Prussian Majesty's diplomatic agent, upon his arrival at the capital, in selecting and renting a suitable house and other buildings.

Art. IV. The conʼracting German States may appoint a Consul-General, and for each port or city opened to foreign commerce, a Consul, Vice-Consul, or Consular Agent, as their interests may require.

These officers shall be treated with due respect by the Chinese authorities, and enjoy the same privileges and immunities as the Consular officers of the most favoured nations.

In the event of the absence of a German Consular Officer, the subjects of the contracting German States shall be at liberty to apply to the Consul of a friendly Power, or in case of need, to the Superintendent of Customs, who shall use all efforts to secure to them the privileges of this treaty.

   Art. V. All official communications addressed by the diplomatic agents of His Majesty the King of Prussia, or by the Consular officers of the contracting German States, to the Chinese authorities, shall be written in German. At present and until otherwise agreed, they shall be accompanied by a Chinese translation; but it is hereby mutually agreed that, in the event of a difference of meaning appearing between the German and Chinese texts, the German Government shall be guided by the sense expressed in the German text.

In like manner shall all official communications addressed by the Chinese autho- rities to the Ambassadors of Prussia, or to the Consul of the contracting German States, be written in Chinese, and the Chinese authorities shall be guided by this text. It is further agreed that the translations may not be adduced as a proof in deciding difference.

   In order to avoid future differences, and in consideration that all diplomatists of Europe are acquainted with the French language, the present treaty has been executed in the German, the Chinese, and the French languages. All these version have the same sense and signification; but the French text shall be considered the original text of the treaty, and shall decide wherever the German and Chinese versions differ.

Art. VI. The subjects of the contracting German Stats may, with their families, reside, frequent, and carry on trade or industry, in the ports, cities, and towns of Canton, Swatow or Chao-chow, Amoy, Foochow, Ningpo, Shanghai, Tangchow or Chefoo, Tientsin, Newchwang, Chinkiang, Kinkiang; Hankow, Kiungchow (Hainan), and at Taiwan and Tamsui in the Island of Formosa. They are permitted to proceed to and from these places with their vessels and merchandise, and within these localities to purchase, rent, or let houses or land, build, or open churches, churchyards, and hospitals.

Art. VII.-Merchant vessels belonging to any of the contracting German States may not enter other ports than those declared open in this treaty. They must not, contrary to law, enter o'her ports, or carry on illicit trade along the coast. All vessels detected in violating this stipulation, shall, together with their cargo, be subject to confi-cation by the Chinese Government.

   Art. VIII.-Subjects of the contracting German States may make excursions in the neighbourhood of the open ports to a distance of one hundred li, and for a time not exceeding fiv days.

'

Those desirous of proceeding into the interior of the country must be provided with a passport, issued by their respective Diplomatic or Consular authorities, and countersigned by the local Chinese authorities. These passports must upon demand be exhibite 1.

    The Chinese authorities shall he at liberty to detain merchants and travellers, subjects of any of the contracting German States, who may have lost their passports,

Digitized by

Google

TREATY BETWEEN PRUSSIA AND CHINA

until they have procured new ones, or to convey them to the next Consulate; but they shall not be permitted to subject them to ill-usage or allow them to be ill-used.

       It is, however, distintly understood that no passport may be given to places at present occupied by the rebels until peace has been restored.

       Art. IX. The subjects of the contracting German States shall be permitted to en age compradores, interpreters, writers, workmen, sailors, an I servants, from szy part of China, upon a remuneration agreed to by both parties, as also to hire boats for the transpot of persons and merchandise. They shall also be permitted to engage Chinese for acquiring the Chinese language or dialects, or to instruct them in foreign languages. There shall be no restriction in the purchasing of German or Chinese books.

Art. X.-Persons professing or teaching the Christian religion shall enjoy full protection of their persons and property, and be allowed free exercise of their religion. Art. XI-Any merchant-vessel of any of the contracting German States arriving at any of the open ports shall be at liberty to engage the services of a pilot to take her to port.

In like manner, after she has discharged all legal dues and duties, and is ready to take her departure, she shall be permitted to select a pilot to conduct her out of port.

        Art. XII. Whenever a vessel belonging to any of the contracting German States has entered a harbour, the Superintendent of Customs may, if he see fit, depute ons or more Customs officers to guard the ship, and to see that no merchandise is smuggled. These officers shall live in a oat of their own, or stay on board the ship, as may best suit their convenience. Their salaries, food, and expenses shall be defrayed by the Chinese Customs authorities, and they shall not be entitled to any fees whatever from the master or consignee. Every violation of this regulation shall be punished proportionally to the amount exacted, which shall be returned in full.

Art. XIII.-Within twenty-four (24) hours after the arrival of the ship, the master, unless he be prevented by lawful causes, or in his stead the supercargo or the consignee, shall lodge in the hands of the Consul the ship's papers and copy of the

manifest.

        Within a further period of twenty-four (24) hours the Consul will report to the Superintendent of Customs the name of the ship, the number of the crew, her registered tonnage, and the nature of the cargo.

      If owing to neglect on the part of the master the above rule be not complied with within forty-eight hours after the ship's arrival be shall be liable to a fiue of fifty (50) dollars for every day's delay; the total amount of penalty, however, shall not exceed two hundred (200) dollars.

Immediately after the receipt of the report, the Superintendent of Customs shall issue a permit to open hatches.

        If the master shall open hatches and begin to discharge the cargo without mid per.uit, he shall be liable to a fine not exceeding five hundrel (500) dollars, and the goods so discharged without permit shall be liable to confiscation.

        Art. XIV.-Whenever a merchant, a subject of any of the contracting German States, has cargo to land or ship, he must apply to the Superintendent of Customs for a special permit. Merchandize landed or shipped without such permit shall be subject

to forfeiture.

       Art. XV. The subjects of the contracting German States shall pay duties on all goods imported or exported by them at the ports open to foreign trade according to the tariff appended to this treaty; but in no case shall they be taxed with higher duties than, a present or in future, subjects of the most favoured nations are liable to.

       The commercial stipulations appended to this treaty shall constitute an integral part of the same, and shall therefore be considered binding upon both the high con- tracting parties.

Art. XVI.-With respect to articles subject to an ad valorem duty, if the Gerinan merchant cannot agree with the Chinese officers as to their value, then each party shall call in two or three merchants to examine and appraise the goods, and the highest price at which any of these merchants may declare himself willing to purchase them shall be assumed as the value of the goods.

3

Digitized by Google

TREATY BETWEEN PRUSSIA AND CHINA

Art. XVII.-Duties shall be charged upon the net weight of each article; tare therefore to be deducted. If the German merchant cannot agree with the Chinese

· officers on the exact amount of tare, then each party shall choose from among the goods respecting which there is a difference a certain number of chests or bales, which being first weighed gross, shall afterwards be tared and the tare fixed accord- ingly. The average tare upon these chests or bales shall constitute the tare upon the whole lot of packages.

Art. XVIII.-If in the course of verification there arise other points of dispute, which cannot be settled, the German merchant may appeal to his Consul, who will communicate the particulars of the differences of the case to the Superintendent of Customs, and both will endeavour to bring about an amicable arrangement. But the appeal to the Consul must be made within twenty-four hours, or it will not be attended to.

   As long as no settlement he come to, the Superintendent of Customs shall not enter the matter at issue in his books, in order that a thorough investigation and the final settlement of the difference be not prejudiced.

   Art. XIX. Should imported goo's prove to be damaged, a fair reduction of duty shall be allowed, in proportion to their deterioration. If any disputes arise, they shall be settled in the same manner as agreed upon in Art. XVI. of this treaty having reference to articles which pay duty ad valorem.

Art. XX. Any merchant vessel belonging to one of the contracting German States having entered any of the open ports, and not yet opened hatches, may quit the same within forty-eight hours a:ter her arrival, and proceed to another port, without being subject to the payment of tonnage-dues, duties, or any other fees or charges; but tonnage-dues must be paid after the expiration of the said forty-eight Lours.

   Art. XXI-Import duties shall be considered payable on the landing of the goods, and duties of export on the shipping of the same. When all tounage-dues and duties shall have been paid, the Superintendent of Customs shall give a receipt in full (port-clearance), which being produced at the Consulate, the Consular officer shall then return to the captain the ship's papers and permit him to depart on the voyage.

Art. XXII.-The Superintendent of Customs will point out one or more bankers authorized by the Chinese Government to receive the duties on his behalf. The receipts of these bankers shall be looked upon as given by the Chinese Government itself. Payment may be made in bars or in foreign coin, whose relative value to the Chinese Sycee silver shall be fixed by special agreement, according to circumstances, between the Consular Officers and the Superintendent of Customs.

   Art. XXIII.-Merchant-vessels belonging to the contracting German States of more than one hundred and fifty tons burden shall be charged four mace per ton; merchant-vessels of one hundred and fifty tons and under shall be charged at the rate of one mace per ton.

1

The captain or consignee having paid the tonnage-dues the Superintendent of Customs shall give them a special certificate, on exhibition of which the ship shall be exempted from all further payment of tonnage-dues in any open port of China which the captain may visit for a period of four months, to be reckoned from the date of the port clearance mentioned in Art. XXI.

Boats employed by subjects of the contracting German States in the conveyance of passengers, baggage, letters, articles of provisions, or articles not subject 10 duties shall not be liable to tonnage dues. Any boat of this kind, however, conveying merchandize subject to duty, shall come under the category of vessels under one Lundred and fifty tons, and pay tonnage-dues at the rate of one mace per register ton.

   Art. XXIV.-Goods on which duties have been paid in any of the ports open foreign trade, upon being sent into the interior of the country shall not be subject to any but transit duty. The same shall be paid according to the tariff now existing. and may not be raised in future. This also applies to goods sent from the interior of the country to any of the open ports,

to

Digitized by

Google

TREATY BETWEEN PRUSSIA AND CHINA

67

       All transit duties on produce brought from the interior to any of the open ports r importations sent from any of the open ports into the interior of China, may be Mid once for all.

        If any of the Chinese officers violate the stipulations of this article by demanding legal or higher duties than allowed by law, they shall be punished according to Chinese law.

Art. XXV.-If the master of a mercha t vessel belonging to any of the contracting German Sta'es, having entered any of the open ports, should wish to land Daly a portion of his cargo, he shall only pay duties for the portion so landed. may take the rest of the cargo to another port, pay duties there, an 1 dispose of the

same.

he

Art. XXVI.-Merchants of any of the contracting German States, who may have mported merchandiz" into any of the open ports and paid duty thereon, if they desire re-export the same, shall be entitled to make application to the Superintendent of Customs, who shall cause examination to be made to satisfy himself of the identity of the goods and of their having remained unchanged.

On such duty-paid goods the Superintendent of Customs shall, on application of the merchant wishing to export them to any other open port, issue a cer ificate, testifying the payment of all legal duties thereon.

The Superintendent of Customs of the port to which such goods are brought, shall, upon presentation of said certificate, issue a permit for the discharge and landing of them free of all duty, without any ad litional exactious whatever. But if, on comparing the goods with the certificate, any fraud on the revenue be detecteil, then the goods shall be subject to confiscation.

        But if the goods are to be exported to a foreign port, the Superintendent of Customs of the port from which they are exported shall issue a certificate stating that the merchant who exports the goods has a claim on the Customs equal to the amount of duty paid on the goods. The certificate shall be a valid tend r to the Cu-tonis in payment of import or export duties.

       Art. XXVII.-No transhipment from one vessel to another can be made without special permission of the Superintendent of Customs, under pain of confiscation of the goo is so transhipped, unless it be proved that there was danger in delaying the transhipment.

Art. XXVIII.-Sets of standard weights and measures, such as are in use at the Canton Custom House, shall be delivered by the Superintendent of Customs to the Consul at each port open to foreign trade. These measures, weit hts, and balances shall represent the ruling standard on which all demands and payments of duties are made and in case of any dispute they shall e referred to.

           Art. XXIX.-l'enalties enforced or confiscations made for violation of this Treaty, or of the appended regulations, shall belong to the Ch nese Government.

        Art. XXX.-Ships-of-war belonging to the contracting German States cruising about for the protection of trade, or being engaged in the pursuit of pirates, shall be at liberty to visit, without distinction, all ports within the dominions of the Emperor of China. They shall receive every facility for the purchase of provisions, the procuring of water, and for making repairs. The commanders of such ships shall hold intercourse with the Chinese authorities on terms of equality and courtesy. Such ships shall not be liable to payment of duties of any kind.

Art. XXXI.-Merchant vessels belonging to any of the contracting German States, from injury sustained, or from other causes, compelled to seek a place of refuge, shall be permitted to enter any port within the dominions of the Emperor of China ithout being subject to the paymen: of tonnage dues or duties on the goods, if only landed for the purpos of making the necessary repairs of the vessel, and remaining under the supervision of the Superintendent of Customs. Should any such vessel be wrecked or stranded on the coast of China, the Chinese authorities shall immediately adopt measures for rescuing the crew and for securing the vessel and cargo. The crew thus saved shall receive riendly treatment, and, if necessary, shall": be furnished with means of conveyance to the nearest Consular station.

I

Digitized by

Google

TREATY RETWEEN PRUSSIA AND CHINA

Art. XXXII.-If sailors or other individuals of ships-of-war or merchant wessels belonging to any of the contracting German States desert their ships and take refuge in the dominions of the Emperor of China, the Chinese authorities shall, upon due requisition by the Consular Officer, or by the captain, take the necessary steps for the detention of the deserter, and hand him over to the Consular Officer or to the captain. In like manner, if Chinese deserters or criminals take refuge in the houses or on board ships belonging to subjects of the contracting German States, the local Chinese authorities shall apply to the German Consular Officer, who will take the necessary measures for approbending the said deserter or criminal, and deliver him up to the Chinese authorities.

     Art. XXXIII.-If any vessel belonging to any of the contracting German States, while within Chinese waters, be plundered by pirates, it shall be the duty of the Chinese authorities to use every means to capture and punish the said pirates, to mecover the stolen property where and in whatever condition it may be, and to hand the same over to the Consul for restoration to the owner. If the robbers or pirates cannot be apprehended, or the property taken cannot be entirely recovered, the Chinese authorities shall then be punished in accordance with the Chinese law, but they shall not be held pecuniarily responsible.

Art. XXXIV.-If subjects of any of the contracting German States have any occassion to address a communication to the Chinese authorities, they must submit the same to their Consular Officer, determine if the matter be just, and the lan- guage be proper an 1 respectful, in which event he shall transmit the same to the proper authorities, or return the same for alterations. If Chinese subjects have occasion to address a Consul of one of the contracting German States, they must adopt the same course, and submit their communication to the Chinese authorities, who will act in

ke manner.

Art. XXXV. Any subject of any of the contracting German States having reason complain of a Chinese, must first proceed to the Consular Officer and state his grievance. The Consular Officer, having inquired into the merits of the case, will endeavour to arrange it amicably. In like manner, if a Chinese have reason to complain of a subject of any of the contracting German States, the Consular Officer shall listen to his complaint and endeavour to bring about a friendly settlement. If the dispute, however, is of such a nature that the Consul cannot settle the same amicably, he shall then request the assistance of the Chinese authorities, that they may conjointly examine into the merits of the case, and decide it equitably.

      Art. XXXVI.-The Chinese authorities shall at all times afford the fullest protection to the subjects of the contracting German States, especially when they are exposed to insult or violence. In all cases of incendiarism, robbery, or demolition, the local authorities shall at once dispatch an armed force to disperse the mob, to apprehend the guilty, and to punish them with the rigour of the law. Those robbed or whose property has been demolished shall have a claim upon the despoilers of their property for indemnification, proportioned to the injury sustained.

Art. XXXVII.-Whenever a subject of His Majesty the Emperor of China fails to discharge the debts due to a subject of one of the contracting German States, or fraudulently absconds, the Chinese authorities, upon application by the creditor, will do their utmost to effect his arrest and to enforce payment of the debt. In like manner the authorities of the contracting German States shall do their utmost to enforce the payment of debts of their subjects towards Chinese subjects, and to bring to justice any who fraudulently abscond. But in no case shall either the Chinese Government or the Government of the contracting German States be held responsible for the debts incurred by their respective subjects.

Art. XXXVIII.-Any subject of His Majesty the Emperor of China, having committed a crime against a subject of one of the contracting German States, shall be apprehended by the Chinese authoriti - and punished according to the laws of China.

In like manner, if & subject of the contracting German States is guilty of a crime against a subject of His Majesty the Emperor of China, the Consular Officer ball arrest him and punish him according to the laws of the State to which he belongs.

Digitized by

Google

TREATY BETWEEN PRUSSIA AND CHINA

69

       Art. XXXIX.-All questions arising between subjects of the contracting German States in reference to the rights of property or person shall be submitted to the jurisdiction of the authorities of their respective States. In like manner will the Chinese authorities abstain from interfering in difference that my arise between subjects of one of the contracting German States and foreigners.

       Art. XL. The contracting parties agree that the German States and their subjects shall fully and equally participate in all privileges, immunities, and ad- vantages that have been, or may be hereafter, granted by His Majesty the Emperor of China to the government or subjects of any other nation. All changes made in favour of any nation in the tariff, in the customs duties, in tonnage and harbour dues, in import, export, or transit duties, shall as soon as they take effect, imme diately and without a new treaty, be equally applied to the contracting Geman States and to their merchants, shipowne s, and navigators.

        Art. XLI.-If in future the contracting German States desire a modification of any stipulation contained in this treaty, they shall be at liberty, after te lapse of ten years, dated from the day of the ratification of this treaty, to open Legotiations to that effect. Six months before the expiration of the ten years it must be officially notified to the Chinese Government that modifications of the treaty are desired, and in what these consist. If no such notification is made, the treaty remains in force for another

ten years.

Art. XLII.-The present treaty shall be ratified and the ratifications be exchanged within on› year, date l from the day of signature, the exchange of the ratiâcations to take place at Shanghai or Tientsin, at the option of the Prussian Government. Immediately after the exchange of ratifications has taken place, the treaty shall be brought to the knowledge of the Chinese authorities, and be promulgated in the capital and throughout the provinces of the Chinese Empire, for the guidance of the authorities. In faith whereof we, the resp ctive Plenipotentiaries of the high contracting powers, have signed and sealed the present treaty.

        Done in four copies, at Tientsin, this second day of September, in the year of our Lord one thousand eight hundred and sixty-one, corresponding with the Chinese date the twenty-eighth day of the seventh moon of the eleventh year of Hien Fung.

(Signed) [L.8.] COUNT EULENBURG.

L.8.

"}

*

[L.S.]

CHONG MEEN. CHONG HEE.

Separate Article

       Art. I.-In addition to a treaty of amity, commerce, and navigation conclu led this day between Prussia, the other states of the German Customs Union, the Grand Duchies of Mecklenburg-Schwerin and Mecklenburg Sterlitz, the Hanse tic towns of Lubeck, Bremen, and Hamburg of the one part, and China of the other part, which treaty shall take effect after exchange of the ratifications within twelve months from its signature, an 1 which stipulates that His Majesty the King of Prussia may Sominate a diplomatic agent at the Court of Peking with a permanent residence at that capital, it has been convenanted between the respective Plenipotentiaries of these States, that, owing to and in consideration of the disturbances now prevailing in China, His Majesty the King of Prussia shall wait the expiration of five years af er the exchange of ratifications of this treaty before he deputes a diplomatic agent to take his fixed residence at Peking.

       In faith whereof the respective Plenipotentiaries have hereunto set their signa- tures and affixed their seals.

       Done in four copies at Tientsin, this second day of September, in the year of our Lord one thousand eight hundred and sixty-one, co responding to the Chinese dea of the twenty-eighth day of the seventh moon of the eleventh year of Hien Fung.

(Signe 1)

"J

""

[1.8.] [L.S.

[L.S.]

COUNT EULENBURG. CHONG MEEN. CHONG HEE.

Digitized by Google

TO

SUPPLEMENTARY 1REATY BETWEEN GERMANY AND CHINA

Art. II. In addition to a treaty of amity, commerce, and navigation, concluded between Prussia, the other States of the German Customs Union, the Grand Duchies of Mecklenburg-Schwerin and Mecklenbu g-Strelitz, and the Hanseatic towns of Lubeck, Bremen, and Hamburg on the one part, and China on the other part.

It has been separately agreed that the Senates of the Hanseatic towns shall have the right to nominate for themselves a Consul of their own at each of the Chinese ports open for commerce and navigation.

    This separate article shall have the same force and validity as if included word for word in the above-mentioned treaty.

In faith whereof the respective Plenipotentiaries have signed this present separate article and affixed their seals.

Done in four copies at Tientsin, the second day of September, in the year of our Lord one thousand eight hundred and sixty-one, corresponding to the Chinese date of the twenty-eighth day of the seventh moon of the eleventh year of Hien Fung.

(Signed)

[L.8.]

">

L.8.

""

[L.8.]

COUNT EULENBURG. CHONG MEEN. CHONG HEE.

SUPPLEMENTARY CONVENTION BETWEEN GERMANY AND CHINA

SIGNED AT PEKING IN THE GERMAN AND CHINESE LANGUAGES, ON THE 31ST MARCH, 1880

Ratified 16th September, 1881

TRANSLATED FROM THE GERMAN TEXT

His Majesty the German Emperor, King of Prussia, &c., in the name of the German Empire, and his Majesty the Emperor of China, wishing to secure the more perfect excution of the Treaty of the 2nd September, 1861, have, in conformity with Article XLI. of that Treaty, according to the terms of which the High Contracting German States are entitled, after a period of ten years, to demand a revision of the Treaty, decided to conclude a Supplementary Convention.

    With this view they have appointed their Plenipotentiaries-viz., His Majesty the German Emperor, King of Prussia, &c., bis Envoy Extraordinary and Minister Plenipotentiary, Max August Scipio von Brandt; and His Majesty the Emperor of China, the Minister of the Tsung li Yamen, the Secretary of State, &c., Shen Kue-fen; and the Secretary of State, &c., Chin Lien;

    Who, after communicating to each other their full powers, and finding them in due form, have agreed upon the following Articles:-

    Art. 1.-Chinese concession.-The harbours of Ichang, in Hupei; Wuhu, in Anhui; Wenchow, in Chekiang; and Pakhao, in Kwangtung, and the landing-places Tat'ung and Anking in Anhui; Huk'ow, in Kiangsi; Wusueb, Luchikow, and Shah- shib, in Hukuang, having already been opened, German ships are in future also to be permitted to touch at the harbour of Woosung, in the province of Kiangsu, to take in or discharge merchandise. The necessary Regulations are to be drawn up by the Taotai of Shanghai and the competent authorities.

    German concession.-In the event of special regulations for the execution of concessions which the Chinese Government may make to foreign Governments being attached to such concessions, Germany, while claiming these concessions for herself and for her subjects, will equally assent to the regulations attached to them.

    Art. XI. of the Treaty of the 2nd September, 1861, is not affected by this regulation, and is hereby expressly confirmed.

Digitized by

Google

SUPPLEMENTARY TREATY BETWEEN GERMANY AND CHINA

71

Should German subjects, on the strength of this article, claim privileges, immu. nities, or advantages which the Chinese Government may further concede to another Power, or the subject of such Power, they will also submit to the regulations which have been agreed upon in connection with such concession.

       Art. II.-Chinese concession-German ships, which bave already paid tonnage dues in China, may visit all other open ports in China, as well as all ports not Chinese, without exception, without being again obliged to pay tonnige dues, within the given period of four months.

German sailing-vessels which remain in the same Chinese harbour for a longer period than fourteen days shall only pay for time over and above this period half of the tonnage dues stipulated by Treaty.

German concession. The Chinese Government sha I have the right of appointing Consuls to all towns of Germany in which the Consuls of other States are admitted, and they shall enjoy the same rights and privileges as the Consuls of the most favou.ed nation.

Art III-Chinese concession.-The Chinese Commis Coner of Customs, and the other competent authorities, shall, after agreeing upon the necessary regulations, themselves take measures for the establishment of bon led warehouses in all the open ports of China in which they are required in the interests of f reign com merce, and where local circumstances would admit of such an arrangement being made.

German concession.-German ships, visiting the open ports of China, shall deliver a manifest containing an exact statement as to the quality and quantity of their cargoes.

Mistakes which may have occurred in the manifests can be rectified in the course of twenty-four hours (Sundays and holidays excepted). False stat ments as to the quantity and quality of cargo are punisha! le by confiscation of the goods and also by a fiue, to be imposed upon the captain, but not to exceed the sum of Tls. 500.

Art. IV.-Chinese concession. The export duty on Chinese coal, exp

                                          rted by German merchants from the open ports, is reduced to 3 mace per ton. In those ports in which a lower duty on the export of coal has already being fixed upon, the lower duty remains in force.

        German concession.-Any one acting as pilot for any kind of craft whatever, without bing furnished with the regulation certificate, is liable to a fine not to exceed Tls. 100 for each separate case.

Regulations with a view to exercising a proper control over sailors are to be introduced with the least possible delay.

Art. V.-Chinese concession.-German ships in want of repairs in consequence of damages sustained within or without the port are not required to pay tonnage dues during the period necessary for repairs, which is to be fixed by the Inspectorate of Customs.

German concession.-Ships belonging to Chinese may not make use of the German flag, nor may German ships make use of the Chinese flag.

Art. VI.-Chinese concession.-In the event of Gerinan ships, no longer fit for sea, being broken up in any open port of China, the material may be sold without any import duty being levied upon it. But if the materials are to be brought ashore a "permit of discharge" must first be obtained for them from the Customs Inspec- torate, in the same manner as in the case of merchandise.

        German concession.-If German subjects travel into the interior for their own pleasure without being in possession of a passport issued by the Consul and stamped by the proper Chinese authority, the local authorities concerned are entitled to have them taken back to the nearest German Consulate, in order that the requisite supervision may be exercised over them. The offender is, in addition to this, liable to a fine up to 300 taels.

Art. VII.--Chinese concession.-Mat rials for German docks are free of duty. A list of articles which may be imported free of duty in conformity with this stipulation is to be drawn up and published by the Inspector-General of Customs.

Digitized by

Google

72

SUPPLEMENTARY TREATY BETWEEN GERMANY AND CHINA

German concession.-Passes issued to German subjects for conveying foreign merchandise into the interior, as well as passports for the purpose of travelling issued to German subjects, are only to remain in force for a period of thirteen Chinese months from the day on which they were issued.

Art. VIII.-The settlement of the question relating to judicial proceedings in mixed cases, the taxation of foreign merchandise in the interior, the taxation of Chinese goods in the possession of foreign merchants in the interior, and intercourse between foreign and Chinese officials are to become the subject of special negotiation, which both Governments hereby declare themselves re. dy to enter upon.

Art. IX.-All the provisions of the former Treaty of the 2nd September, 1861, which have not been altered by this agreement, are hereby confirmed anew, as both parties now expressly declare.

In the cases of those articles, on the other hand, which are affected by the present treaty, the new interpretation of them is to be considered as binding.

Art. X.-The present Supplementary Convention shall be ratified by their Majesties, and the ratifications exchanged at Peking, within a year from the date of its signature.

The provisions of the agreement come into force on the day of the exchange of the ratifications.

In witness whereof the plenipotentiaries of both the High Contracting Powers have signed and sealed with their seals the above agreement in four copies, in the German and Chinese texts, which have been compared and found to correspond.

   Done at Peking the 31st March, 1880, corresponding to the 21st day of the second month of the sixth year Kwang Su.

(Signed)

[L.8.]

""

[L.B.

"

[L.8.

M. VON BRANDT.

SHEN KUE-FEN. CHING LIEN.

+

SPECIAL STIPULATIONS TO THE SUPPLEMENTARY Convention

For the sake of greater clearness and completeness, it has seemed fitting to append a number of special stipulations to the Supplementary Convention.

The following stipulations must be observed by the subjects of both the Contracting Parties, in the same way as the stipulations of the Treaty itself. In proof whereof the plenipotentiaries of the two states have thereto set their seals and

ignatures:

1. In accordance with the newly granted privileges for the port of Woosung, in the province of Kiangsu, German ships shall be at liberty to take in and to unload there merchandise which is either intended for Shanghai or comes from Shanghai; and for this purpose the competent authorities there shall have the right of devising regulations in order to prevent frauds on the taxes and irregularities of every kind; which regulations shall be binding for the merchants of both countries. German merchants are not at liberty to construct landing-places for ships, merchants' houses, or warehouses at the said place.

   2.--An experiment to ascertain whether bonded warehouses can be established in the Chinese open ports shall first be made at Shanghai. For this purpose the Customs Director at the said place, with the Customs Inspector-General, shall forthwith draw up regulations suitable to the local conditions, and then the said Customs Director and his coll agues shall proceed to the establishment of such bonded warehouse.

8.-If any goods found on board a German ship, for the discharge whereof a written permit from the Customs Office is required, and not entered in the manifest, this shall be taken as proof of a false manifest, no matter whether a certificate ol the reception of such goods on board, bearing the captain's signature, be produced

or not.

Digitized by

Google

SUPPLEMENTARY TREATY BETWEEN GERMANY AND CHINA

73

4-If a German ship, in consequence of damages received in one of the open Chinese ports, or outside thereof, needs repair, the time required for such repair sha'l be reckoned in ad∙lition to the term after the lapse of which tonnage-dues are to be paid. The Chinese authorities have the right to make the necessary arrange- meats for this purpose.

But if it appears therefrom that this is only a pretext and a design to evade the legal payments to the Customs chest, the ship therein concerned shall be fined in double the amou it of the tonnage-dues whereof it has tried to evade the payment

5-No ships of any kind which belong to Chinese subjects are allowed to make use of the German flag. If there are definite grounds for suspicion that this has evertheless been done, the Chinese authority concerned is to address an official communication thereon to the German Consul, and if it should be shown, in con- sequence of the investigation instituted by him, that the ship was really not entitled bear the German flag, the sip as well as the goods found therein, so far as they belong to Chinese merchants, shall be immediately delivered over to the Chinese authorities for further disposal. If it be ascertained that German subjects were aware of the circumstances, and took part in the commission of the irregularity, the whole of the gods belonging to them found in the ship are liable to confiscation, and the people themselves to punishment according to law.

        In case a German ship carries the Chinese flag without authority to do so, then, if it be ascertained through the investigation mae by the Chinese authorities that fes ip was really not entitled to bear the Chinese flag, the ship, as well as the goods found therein, so far as they belong to German merchants, shall be imme. diately delivered over to the German Consul for further disposal and the punishment of the guilty.

              I it be shown that German owners of goods were aware of the cir- cumstance and took part in the commission of this irregularity, all the goods belong- ing to them found in the ship shall incur the penalty of confiscation by the Chinese authorities. The goods belonging to Chinese may be immediately seized by the Chinese authorities.

J

        6.--If, on the sale of the materials of a German ship which, from unseaworthi- Dess, has been broken up in one of the open Chinese ports, an attempt be made to mix

up with them g oda belonging to the cargo, these goods shall be liable to con fiscation, and, moreover, to a fine equal to double the amount of the import duty which they would otherwise have had to pay.

         7.-If Gerinan subjects go into the interior with foreign goods, or travel there, the passes or certificates issued to them shall only be valid for thirteen Chinese months, reckoned from the day of their issue, and after the lapse of that term must no longer be used. The expired passes and certificates must be returned to the Customs authorities in whose official district they were issued, in order to be cancelled.

        N.B.-If a pleasure excursion be undertaken into regions so distant that the term of a year appears insufficient, this must be noted on the pass by reason of an understanding between the Consul and the Chinese authority at the time it is issued.

If the return of the passport be omitted, no further pass shall be issued to the person concerned until it has taken place. If the pass be lost, no matter whether within the term or alter its expiration, the person concerned must forthwith make a formal declaration of the fact before the nearest Chinese authority. The Chinese official applied to will then do what else may be necessary for the invalidation of the pass.

If the recorded declaration prove to be untrue, in case the transport of goods be concerned, they will be confiscated; if the matter relate to travelling, the traveller will be taken to the nearest Consul, and be delivered up to him for punishment.

        8.-Materials for German decks only enjoy, in so far as they are actually employed for the repair of ships, the favour of duty-free importation, in open ports, The Customs authority has the right to send inspectors to tue dock to convince themselves on the spot as to the manner and way in which the materials are being used. If the construction of a new ship be concerned, the materials employed for this, in so far as they are specially entered in the import or export tariff, will bę

Digitized by

Google

74

SUBPLEMENTARY TREATY BETWEEN GERMANY AND CHINA

reckoned at the tariff duty, and those not entered in the tariff at a duty of 5 per cent. ad valorem, and the merci ant concerned will be bound to pay this duty subsequently.

    Any one who wishes to lay out a dock is t› get from the Customs Office a gratis Concession certificate, and to sign a written undertaking, the purport and wording whereof is to be settled in due form by the Customs ‹ffice conceri.ed.

9.--Art. XXIX. of the Treaty of the 2nd September, 1861, shall be applicable to the fines established by this present Supplementary Convention.

Done at Peking the 31st March. 1880, corresponding with the 21st day of the 2nd month of the 6th year Kwang Sü.

(Signed)

[L.8.]

"

[L.S.]

M. VON BRANDT.

SHEN KUE-FEN.

"

[L.8.]

CHING LIEN.

THE PRINCE OF KUNG AND THE MINISTERS OF THE TSUNG-LI YAMEN

TO HERE von Brandt.

Kwang Sa, 6th year, 2nd mouth, 21st day. (Peking, March 31st, 1880.)

     With regard to the stipulation contained in the second Article of the Supple- mentary Convention concluded on occasion of the Treaty revision, that German sailing-ships which lie for a longer time than fourteen days in Chinese ports shall only pay for the time beyond that term the moiety of the tonnage dues settled by Treaty, the Plenipotentiaries of the two contracting parties have agred and declared that the said at pulation shall first of all be introduced by way of trial, and that in case on carrying it out practical difficulties should arise, another stipula- tion may be put in its place on the basis of a renewed joint discussion by both parties.

(Prince Kung and the MinISTERS OF THE TSUNG-LI YAMEN).

PROTOCOL.

     The undersigned, who have been expressly empowered by their Governmen:s to make the following arrangements, have agreed that the term settled by the Pleni- potentiaries of the Gerinan Empire and of China in the Supplementary Convention concluded at Peking on the 31st March this year, for the exchange of the Ratifica- tions of the Convention, shall be prolonged till the 1st December, 1881.

The other stipulations of the Supplementary Convention of the 31st March, this year, are not affected by this alteration.

In witness whereof the undersigned have subscribed with their own hands and affixed their seals to this Agreement, in two copies of each of the German and Chinese texts, which have Leon compared with each other and found to correspond.

     Done at Peking the 21t August, 1880, corresponding with the 16th day of the 7th month of the 6th year Kwang Sü.

(Signed)

[L.S.]

M. VON BRANDT.

"

[L.8.]

77

[L.S.]

喃重

[L.8.]

"1

[L.8.]

LIN SHU.

[1...]

SHEN KUE-FEN.

CHING LIEN.

WANG NEEN-SHOU.

CHUNG LI.

Digitized by Google

Signed,

RUSSIA

TREATY BETWEEN RUSSIA AND CHINA

THE RUSSIAN, CHINESE, And French Languages, AT ST. PETERSBURG, 12TH FEBRUARY, 1881

Ratifications exchanged at St. Petersburg, 19th August, 1881

TRANSLATED from the FRENCH TEXT

His Majesty the Emperor and Autocrat of all the Russias and His Majesty the Emperor of China, desiring to regulate some questions of frontier and trade touching the interests of the two Empires, in order to cement the relations of friendship between the two countries, have named for their plenipotentiaries, to the effect of establishing an agreement on these questions:-

His Majesty the Emperor of all the Russias: His Secretary of State Nicholas de Giers, senator, actual privy councillor, directing the Imperial Ministry of Foreign Affairs, and his envoy extraordinary and minister plenipotentiary to His Majesty the Emperor of China, Eugène de Butzow, actual councillor of state.

       And His Majesty the Emperor of China: Tseng, Marquess of Neyong, vive- president of the high court of justice, his envoy extraordinary and minister plenipɔ- tentiary to His Majesty the Emperor of all the Russias, furnished with special powera to sign the present Treaty in quality of ambassador extraordinary.

The above named plenipotentiaries, furnished with full powers, which have been found sufficient, have agreed upon the following stipulations:-

Art. I.-His Majesty the Emperor of all the Russias consents to the re- establishment of the Chinese Government in the country of Ili, temporarily occupied since 1871 by the Russian Armies. Russia remains in possession of this country, within the limits indicated by Article VII. of the present Treaty.

Art. II. His Majesty the Emperor of China engages to decree the proper measures to shelter the inhabitants of the country of Ïli, of whatever race and to whatever religion they belong, from all prosecution, in their goods or in their persons, for acts committed during or after the troubles that have taken place in that country. A proclamation in conformity with this engagement will be addressed by the Chinese authorities, in the name of His Majesty the Emperor of China, to the popula tion of the country of Ili, before the restoration of this country to the said authorities.

       Art. III.-The inhabitants of the country of Ili will be free to remain in the places of their actual residence, as Chinese subjects, or to emigrate to Russia and to adopt Russian dependence. They will be callel to pronounce themselves on this subject before the re-establishment of Chinese authority in the country of Ili, and a delay of one year, from the date of the restoration of the country to the Chinese authorities, will be accorded to those who show a desire to emigrate to Russia. The Chinese will oppose no impediment to their emigration or to the transportation of their moveable property.

Art. IV.-Russian subjects possessing land in the country of Ili will keep their rights of property, even after the re-establishment of the authority of the Chinese Government in that country.

This provision is not applicable to the inhabitants of the country of Ili who shall adopt Russian nationality upon the re-establishment of Chinese authority in this country.

      Russian subjects whose lands are situated without places appropriated to Russian factories, in virtue of Article XIII. of the Treaty of Kuldja of 1851, ought to discharge the same taxes and contributions as Chinese subjects.

Art. V.-The two governments will appoint commissioners of Kuldja, who will proceed to the restoration on the one part, to the resumption on the other, of

Digitized by

Google

*

76

TREATY BETWEEN Russia and CHINA

the administration of the province of Ili, and who will be charged, in general, with the execution of the stipulations of the present Treaty relating to the re-establish- ment, in this country, of the Chinese Government.

    The said commissioners will fulfil their commission, in conforming to the understanding which will be established as to the mode of restoration on the one part and of resumption on the other, of the administration of the country of Ili, between the Governor General of Turkesta" and the Governor-General of Shausi and Kansuh, charge! by the two governments with the high direction of the affair.

    The r sumption of the country of Ili should be finished within a delay of three months or sooner, if it can be done, dating from t'e day of the arrival at Tashkent of the functionary who will be delegated by the Governor-General of Shansi and Kansub to the Governor-General of Turkestan to notify to him the ratification and the promulgation of the present Treaty by His Majesty the Emperor of China.

    Art. VI.-The Gwernment of His Majesty the Emperor of China will pay to the Russian Government the sum of nine millions of metallic roubles, designed to cover the expen-es occasioned by the occupation of the country of Ili by the Russian troops since 1871, to satisfy all the pecuniary claims arising from, up to the present day, the losses which Russian subjects have suffered in their goods pillaged on Chinese territories, and to furnish relief to the families of Russian subjects killed in armed attacks of which they have been victims on Chinese territory.

    The above mentioned sum of nine millions of metallic roubles will be paid within the term of two years from the date of the exchange of the ratifications of the present Treaty, according to the order and the conditions agreed upon between the two governments in the special Protocol annexed to the present Treaty.

Art. VII.-The western portion of the country of Ili is incorporated with Bussia, in order to serve as a place of establishment for the inhabitants of this country who shall adopt the Russian dependence and who, by this action, will have had to abandon the lands which they possessed there.

    The frontier betwe n the po-sessions of Russia and the Chinese province of Ili will follow, starting from the mountains Bèdjin-taou, the course of the river Khorgos, as far as the place where this river falls into the river Ili, and, crossing the latter, will take a direction to the south, towards the mountains Ouzoun-taou, leaving to the west the village of Koldjat. Proceeding from this point it will follow, whilst being directed to the south, the delineation fixed by the protocol signed at Tchugut- chack in 1864.

Art. VIII-A part of the frontier line, fixed by the protocol signel at Tchugut- chack in 1864, at the east of the Lake Zaisin, having been found defective, the two governments will name commissioners who will modify, by a common agreement, the ancient delineation in such a manner as to remove the defects pointed out and to establish an effective separation between the Kirghiz tribes submitted to the two Empires.

    To the new delineation will be given, as much as possible, an intermediate direc- tion between the old frontier and a straight line leading from the Kouitoun hill towards the Saour hills, crossing the Tcherny-Irtysh.

Art. IX. The commissioners to be named by the two contracting parties will proceed to place posts of demarcation, as well on the delineation fixed by the preceding Articles VII. and VIII., as on the parts of the frontier where posts have not yet been placed. The time and the place of meeting of these commissioners shall be fixed by an understanding between the two governments.

The two governments will also name commissioners to examine the frontier and to place posts of demarcation between the Russian province of Ferganah and the western part of the Chinese province of Kashgar. The commissioners will take for the base of their work the existing frontier.

Art. X. The right recognised by the treaties of the Russian Government to nominate Consuls to Ili, to Tarbagatai, to Kasligar, and to Ourga is extended, from the present time, to the towns of Soutcheon (Tsia-yu-kwan) and of Turfan. In the following towns: Kobdo, Uliassoutai, Khami, Urumtsi, and Goutchen, the Russian

Digitized by

Google

TREATY BETWEEN RUSSIA AND CHINA

     Government will establish consulates in proportion to the development of commeros, and after an understanding with the Chinese Government.

The Consul of Soutcheou (Tsia-yu-kwan) and of Turfan will exercise consular functions in the neighbouring districts, where the interests of Russian subjects demand their presence.

The dispositions con'ained in Articles V. and VI. of the Treaty conoluded at Peking in 1860, and relative to the concession of land for the houses for the con- sulates, for cemeteries, and for pas:urage, will apply equally to the towns of Sout- cheou (Taia-yu-kwan) and of Turfan. The local authorities will aid the Consul tə find provisional habitations until the time when the houses of the consulates shall be built.

The Russian Consuls in Mongolia and in the districts situated on the two slopes of the Tien-shan will make use of, for their journeys and for their correspondence, the postal institutions of the government, conformably to the stipulations of Article XL of the Treaty of Tientsin and of Article XII. of the Treaty of Peking. The Chinese authorities, to whom they will address themselves for this purpose, will lend them aid and assistance.

The town of Turfan not being a locality open to foreign trade, the right of establishing a consulate will not be invoked as a precedent to obtain a right analogous to the ports of China for the provinces of the interior and for Manchuria..

Art. XI.-Russian Consuls will communicate, for affairs of service, either with the local authorities of the town of their residence, or with the superior authorities of the circuit or of the province, according as the interests which are respectively confided to them, the importance of the affairs to be treated of, and their prompt expedition shall require. As to the rules of etiquette to be observed at the time of their interviews and, in general, in their relations, they will be based upon the respect which the functionaries of two friendly powers reciprocally owe each other.

All the affairs which may arise on Chinese territory, on the subject of commer. cial or other transactions, between those under the jurisdiction of the two states, will be examined and regulated, by a common agreement, by the consuls an1 the Chinese authorities.

In lawsuits on commercial matters, the two parties will terminate their difference amicably by means of arbitrators chosen by one side and the other. If agreement is not established in this way, the affair will be examined and regulated by the authorities of the two statės.

Engagements contracted in writing, between Russian and Chinese subjecta, relative to orders for merchandise, to the transport of it, to the location of shops, of houses, and of other places, or relating to other transactions of the same kind may be presented for legalisation by the consulares al by the superior local administrations, who are bound to legalize the documents which are presented te them. In case of non-execution of the engagements contracted, the consul and the Chinese authorities will consult as to the measures necessa' to secure the execution of these obligations.

Art. XII-Russian subjects are authorized to carry on, as in the past, trade free of duties in Mongolia subject to China, as well in places aid aimaks here thre is a Chinese administration as in those where there is none.

Russian subjects will equally enjoy theight of carrying on trade free of duties in the towns and other localities of the provinces of Ili, of Tarbagatai, of Kashgar, of U amtsi, and others situated on the slopes north and south of the chain of the Tien-shan as far as the Great Wall. This immunity will be abrogated when the development of the trade necessitates the establishment of a customs tariff, conform- able to an understanding to be come to by the two Governments.

Russian subjects can import into the above-nanied provinces of China aud export from them every description of produce, of whatever origin they may be They may make purchases and sales, whether in cash, or by way of exchange; ther will have the right to make their payments in merchandise of every description.

Digitized by

Google

78

TREATY BETWEEN RUSSIA AND CHINA

    Art. XIII.-In the places where the Russian Government will have the right to establish consulates, as well as in the town of Kalgan, Russian subjects may coustruct houses, shops, warehouses, and other buildings, on the lands which they will acquire by means of purchase, or which may be conceded to them by the local authorities, conformably to that which has been established for Ili and Tarbagatai, by Article XIII. of the Treaty of Kuldja of 1851.

The privileges granted to Russian subjects, in the town of Kalgan, where there will not be a consulate, constitute an exception which cannot be extended to any other locality of the interior provinces.

   Art. XIV.-Russian merchants who may wish to dispatch merchandise from Russia, by land, into the interior provinces of China, on, as formerly, direct it by the towns of Kalgan and Tungchow, to the port of Tientsin, and from there, to the other ports and interior markets, and sell it in those different places.

Merchants will use this same route to export to Russia the merchandise purchased, as well in the towns and ports above named as in the interior markets.

They will equally have the right to repair, for matters of trade, to Soutcheou (Tsia-yu-kwan), the terminal point of the Russian caravaus, and they will enjoy there all the rights granted to Russian trade at Tientsin.

    Art. XV.-Trade by land, exercised by Russian subjects in the interior and exterior provinces of China, will be governed by the Regulations annexed to the present Treaty.

The commercial stipulations of the present Treaty, as well as the Regulations which serve as a supplement to it, can be revised after an interval of ten years has elapsed from the date of the exchange of ratifications of the Treaty; but if, in the course of six months before the expiration of this term, neither of the contracting parties manifest a desire to proceed to the revision, the trade stipulations as well as the Regulations will remain in force for a new term of ten years.

Trade by sea route of Russian subjects in China will be subject to the general regulations established for foreign maritime commerce in China. If it becomes necessary to make modifications in these regulations, the two Governments will -establish an understanding on this subject.

    Art. XVI.-If the development of Russian overland trade provokes the necessity of the establishment, for goods of export and import in China, of a Customs tariff, more in relation than the tariffs actually in force, to the necessities of that trade, the Russian and Chinese Governments will proceed to an understanding on this subject, by adopting as a base for settling the duties of entry and exit the rate of five per cent. of the value of the goods.

    Until the establishment of this tariff, the export duties on some kinds of teas of inferior quality, actually imposed at the rates established for the tea of superior quality, will be diminished proportiona:ely to their value. The settling of these duties will be proceeded with, for each kind of tea, by an understanding between the Chinese Government and the envoy of Russia to Peking, within the term of one year, at the latest, from the date of the exchange of the ratifications of the present Treaty.

Art. XVII. Some divergencies of opinion having arisen hitherto as to the application of Article X. of the treaty concluded at Peking, in 1860, it is established by these presents, that the stipulations of the above-named article, relative to the recoveries to be effected, in case of theft and the harbouring of cattle beyond the frontier, will be for the future interpreted in this sense, that at the time of the discovery of the individuals guilty of theft or the harbouring of cattle, they will be condemned to pay the real value of the cattle which they have not restored. It is understood that in case of the insolvency of the individuals guilty of theft of cattle, the indemnity to be paid cannot be placed to the charge of the local authorities.

    The frontier authorities of the two Sates will prosecute, with all the rigour of the laws of their country, the individuals guilty of the harbouring of or theft of cattle, and should take the measures in their power for the restitution to whom they belong, of cattle diverted or which may have passed the frontier.

Digitized by

Google

TREATY BETWEEN RUSSIA AND CHINA

79

       The traces of cattle turned aside or which may have passed the frontier, may be indicated, not only to the guards of the frontier posts, but also to the el·lers of the nearest villages.

       Art. XVIII.-The stipulations of the treaty concluded at Aigoun the 16 h May, 1858, concerning the rights of the subjects of the two empires to navigate the Amoor, the Sungari, and the Oussouri, and to carry on trade with the populations of the riverine localitie-, are and remain confirined.

       The two Governments will proceed to the establishment of an understanding concerning the mode of application of the said stipulations.

        Art. XIX.-The stipulations of the old tr aties between Russia and China, not modified by the present Treaty, remain in full vigour.

Art. XX-The present Treaty, after having been ratified by the two Emperors, will be promulgated in each empire, for the knowledge and governance of each one. The exchange of ratifications will take place at St. Petersburg, within a period of six months counting from the day of the signature of the Treaty.

Having concluded the above Article, plenipotentiaries of the two contract- ing parties have signed and sealed two copies of the present Treaty, in the Russian, Chinese, and French languages. Of the three texts, duly compared and found in agreement, the French text will be evidence for the interpretation of the present Treaty.

one.

Done at St. Petersburg, the twelfth of February, eighteen hundred and eighty-

(Signed) [L.S.]

14

L.8.

[L.8.]

NICOLAS DE GIERS. EUGENE BUTZOW. TSENG.

PROTOCOL

In virtue of Article VI. of the Treaty signed to-day by the plenipotentiaries of the Russian and Chinese governments, the Chinese Government will pay to the Russian Government the sum of nine millions of metallic roubles, designed to cover the expenses of the occupation of the country of Ili by the Bus-ian troops and to satisfy divers pecuniary claims of Russian subjects. This sum shall be paid within a period of two y ars counting from the day of the exchange of the ratifica- tions of the Treaty.

Desiring to fix the mode of payment of the aforementioned sum the undersigned have agr. ed as follows:-

The Chin se Government will pay the equivalent of the sum of nine millions of metallic roubles in pounds sterling, say on million four hundred and thirty-one thousand six hundred and sixty-four pounds sterling two shillings to Mes-rs. Baring Brothers & Co. in London, in six equal parts, of two hundred and thirty- eight thousand six hundred and ten pounds sterling thirteen shillings and eight pence esch, less the customary bank charges which may be occasioned by the tran-fer of these payments to Londou.

The payments shail be scheduled at four months' distance the one from th other; the first shall be made four months after the exchange of the ratifications of the Treaty signed to-day, and the last two years after that exchange.

       The present protocol will have the same force and value as if it ad been inserted word for word in the Treaty signed to-day.

       In faith of which the plenipotentiaries of the two Governments have signed the present protocol and have placed their seals to it,

Done at S. Petersburg, the twelfth of February, one thousand eight hundred and eighty-one.

(Signed)

[L.B.]

L.8.

17

L.8.

NICOLAS DE GIERS.

EUGENE BUTZOW. TSENG.

Digitized by

Google

TRADE REGULATIONS BETWEEN RUSSIA AND CHINA

REGULATIONS FOR THE LAND TRADE

Art. I.-A trade by free exchange and free of duty (free trade) between Russian and Chinese subjects is authorised within a zone extending for fifty versts (100 li) on either side the frontier. The supervision of this trade will rest with the two Governments, in accordance with their respective frontier regula ions.

     Art. II-Russian subjects proceeding ou business to Mongolia and to the districts situated on the nor hern and southern slopes of the Tian-shan mountains may only cross the frontier at certain points specified in the list annexed to those regulations. They must procure from the Russian authorities permits in the Russian and Chinese languages, with Mongolian and Tartar translation. The name of the owner of the goods, or that of the leader of the caravan, a specification of the goods, the number of packages, and the number of heads of cattle may be indicated in the Mongolian or Tartar languages, in the Chinese text of these permits. Merchants, on entering Chinese territory, are bound to produce their permits at the Chinese post nearest to the frontier, where, after examination, the permit is to be counter- signed by the chief of the post. The Chinese authorities are entitled to arrest merchants who bave crossed the frontier without permit, and to deliver them over to the Russian authorities nearest to the frontier, or to the competent Russian Consul, for the infliction of a severe penalty. In case of the permit being lost, the owner is bound to give notice to the Russian Consul, in order that a fresh one may be issued to him, and inform the local authorities, in order to obtain a temporary certificate which will enable him to pursue bis journey. Merchandise introduced into Mongolia and the districts situated on the slopes of the Tian-shan, but which have found no sale there, may be forwarded to the towns of Tientsin and Sou. tcheou (Tsia-yu-kwan), to be sold or to be sent farther into China. With regard to the duties on such merchandise, to the issue of permits for its carriage, and to other Customs formalities, proceedings shall be taken in accordance with the following provisions.

     Art. III.-Russian merchants forwarding goods from Kiachta and the Nertchinsk country to Tientsin must send them by way of Kalga", Dounba, and Toun-tcheou. Merchandise forwarded to Tientsin from the Russian frontier by Kobdo and Kouihoua-tchen is to follow the same route. Merchants must be provided with transport permits issued by the Russian authorities, and duly viaè by the competent Chinese authorities, which must give, in the Chinese and Russian languages, the name of the owner of the goods, the number of packages, and a description of the goods they contain. The officials of the Chinese Custom houses situated on the road by which inerchandise is forwarded will proceed, without delay, to verity the number of the packages, and to examine the goods, which they will allow to pass onwards, after fixing a visu to the permit. Packages opened in the course of the Customs examinations will be closed again at the Custom-house, the number of packages opened being noted on the permit. The Customs examination is not to last more than two hours. The permits are to be presented within a term of six months at the Tientsin Custom-house to be cancelled. If the owner of the goods finds this term insufficient, he must at the proper time and place give notice to the Chinese authorities. In case of the pe. mit being lost the merchant must give notice to the authorities who delivered it to him to obtain a duplicate and must for that purpose make known the number and date of the inissing permit. The nearest Custom- Mouse on his road, after having ascertained the accuracy of the merchant's declara- tions, will give him a provisional certificate, accompanied by which his goods may proceed on their journey. An inaccurate declaration of the quantity of the goods, if it be proved that it was intended to conceal sales effected on the road, or to escape payment of duty, will render the merchant liable to the infliction of the penalties laid down by Art. VIII. of the present regulations.

Art. IV. Russian merchants who may wish to sell at Kalgan any portion of the goods brought from Russia must make a declaration to that effect to the local authorities within the space of five days. Those authorities, after the merchant has

Digitized by

Google

TRADE REGULATIONS BETWEEN RUSSIA AND CHINA

81

paid the whole of the entrance duties, will furnish him with a permit for the sale of the goods.

       Art. V.-Goods brought by Russian merchants by land from Russian to Tientsin will pay an entrance duty equivalent to two-thirds of the rate established by the tariff Gonds brought from Russia to Sou-tcheou (Tsia-yu-kwan) will pay in that town the same duties and be subject to the same regulations as at Tientsin.

Art. VI.-If the goods left at Kalgan, having paid the entrance duties, are not sold there, their owner may send them on to Toun-tch:ou, or to Tientsin, and the Customs authorities, without levying fresh duties, will repay to the merchant one-third of the entrance duty paid at Kalgan, a note to that effect being made on the permit issued by the Kalgan Custom-house. Russian merchants, after paying transit dues, Le, one-half of the duty specified in the tariff, may forward to the internal markets goods left at Kalgan which have paid the entrance dues, subject only to the general regulations established for foreign trade in China. A transport permit, which is to te produced at all the Custom-houses and barriers on the road, will be delivered for these goods.

Goods not accompanied by such permit will have to pay duty at the Custom-houses they pass, and lekin at the barriers.

        Art. VII.- Goods brought from Rus ia to Sou-tcheou (Tsia-yu-kwan) may be frwarded to the internal markets under the conditions st pulated by Art. IX. of these Regulations for goods forwarded from Tientsin destined for the internal market.

Art. VIII.-If it be ascertained, when the Customs examination of goods brought from Russia to Tientsin takes place, that the goods specified in the permit have been withdrawn from the packages and replaced by others, or that their quantity (after deducing what has been left at Kalgan) is smaller than that indicated in the permit, the whole of the goods included in the examination wil be confiscated by the Customs authorities. It is understood that packages damaged on the road, and which, con- sequently, have been repacked, shall not be liable to confiscation, provided always that such damage has been duly declared at the nearest Custom-house, and that a note to such effect has been made by the office after it has ascertained the untouched condition of the goods as at first sent off. Goods concerning which it is ascertained that a portion has been sold on the road will be liable to confiscation. If goods have been taken by by-ways in order to evade their examination at the Custom- bouses established on the routes indicated in Art. III., the owner will be liable to ine equal in amount to the whole entrance duty. I a breach of the aforesaid regulations has been committed by the carriers, without te knowlege or connivance of the owner of the goods, the Customs authorities will take this circumstance into consideration in determining the amount of the fine. This provision only applies to localities through which the Russian land trade passes, and is not app'icable to similar cases arising at the ports and in the interior of the provinces. When goods are confiscated the merchant is entitled to release them by paying the equivalent of their value, duly arrived at by an understanding with the Chinese authorities.

Art. IX. On the exportation by sea from Tientsin to some other Chinese port opened to foreign trade by treaty of goods brought from Russia by land, the Tientam Customs will levy on such goods one-third of the tariff duty, in addition to the two-thirds already paid. No duty shall be levied on these goods in other ports. Goods sent from Tientsin or the other ports to the internal markets are subject to transit dues (ie., half of the tariff duty) according to the general provisions laid down for foreign trade.

       Art. X.-Chinese goods sent from Tientsin to Russia by Russian merchants must be forwarded to Kalgan by the route indicated under Art. III. The entire export duty will be levied on these gcols when they leave the country. Nevertheless, reimported goods bought a Tientsin, as well as those bought in ar other port and forwarded in transitu to Tientsin to be exported to Russia, if accor panied by a Customs receipt for the export duty, shall not pay a second time, and the half reimportation duty (coasting duty) paid at Tientsin will be repaid to the merchant if the goods upon which it has been paid are exported to Russia a year from

$

Digitized by

Google

82

TRADE REGULATIONS BETWEEN RUSSIA AND CHINA

the time of such payment. For the transport of goods in Russia the Russian Consul will issue a permit indicating in the Russian and Chinese languages the name of the owner of the goods, the number of packages, and the nature of the goods they contain. These permits will be visé by the port Custom authorities, and must accompany the goods for production when they are examined at the Custom-houses on the road. The rules given in detail in Article III. will be observed as to the term within which the permit is to be presented to the Custom-house to be cancelled, and as to the proceedings in case of the permit being lost. Goods will follow the route indicated by Article III., and are not to be sold on the road; a breach of this rule will render the merchant liable to the penalties provided for under Article VIII. Goods will be examined at the Custom-houses on the road in accordance with the rules laid down under Article III. Chinese goods bought by Russian merchants at Sou-tcheou (Tsia-yu kwan), or brought by them from the internal markets to be forwarded to Russia, on leaving Sou-tcheou for Russia will have to pay the duty leviable upon goods exported from Tientsin, and will be subject to the regulations established for that port.

     Art. XI.- Goods bought at Toun-tcheou, on leaving that place for Russia by land, will have to pay the full export duty laid down by the tariff. Goods bought at Kalgan will pay in that town, on leaving for Russia, a duty equivalent to half the tariff rate. Goods bought by Russian merchar ts in the internal markets, and brought to Toun-tcbeou and Kalgan to be forwarded to Russia, will moreover he subject to transit dues, according to the general rules established for foreign trade in the internal markets. The local Custom-houses of the aforesaid towns after levying the duties will give the merchant a transport permit for the goods For goods leaving Toun-tcheon this permit will be issued by the Dounba Customs authorities, to whom application is to be made for it, accompanied by payment of the duties to which the goods are liable. The permit will mention the prohibition to sell goods on the road. The rules given in detail in Article III. relative to permits, the examination of goods, &c., will apply in like manner to goods exported from the places mentioned in this Article.

Art. XII.-Goods of foreign origin sent to Russia by land from Tientsin, Toun- tcheou, Kalgan, and Sou-tcheou (Tsia-yu-kwan) will pay no duty it the merchant produces a Customs receipt acknowledging payment of the import and transit duties on those goods. If they have only paid entrance duties the competent Custom house will call upon the merchant for the payment of the transit dues fixed by the tariff.

     Art XIII.-Goods imported into China by Russian merchants, or exported by them, will pay Custom duties according to the general tariff for foreign trade with

· China, and according to the additional tariff drawn up for Russian trade in 1862.

Goods not enumerated in either of those tariffs will be subject to a 5 per cent. ad valorem duty.

     Art. XIV. The following articles will be admitted free of export and import duty:---Gold and silver ingots, foreign coins, flour of all kinds, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery, foreign clothes, jewellery and silver plate, perfumery and soaps of all kinds, charcoal, firewood, candles of foreign manufacture, foreign tobacco and cigars, wine, beer, spirits, household stores and utensils to be used in houses and on board ship, travellers' luggage, official stationery, tapestries, cutlery, foreign medicines, glass ware, and ornaments. The above-mentioned articles will pass free of duty on entering and on leaving by land; but if they are sent from the towns and poris mentioned in these regulations to the internal markets they will pay a transit duty of 21 per cent. ad valorem. Travellers' luggage, gold and silver ingots, and foreign coins will, however, not pay this duty.

     Art. XV. The exportation and importation of the following articles is prohibited, under penalty of confiscation in case of smuggling :-Gunpowder, artillery ammuni- tion. cannon, muskets, rifles, pistols, and all firearms, engines, and ammunition of war, salt, and opium. Russian subjects going to China may, for their personal defence, have one musket or one pistol each, of which mention will be made in the

Digitized by

Google

TRADE REGULATIONS BETWEEN RUSSIA AND CHINA

permit they are provided with. The importation by Russian subjects of saltpetre, sulphur, and lead is allowed only under special licence from the Chinese authorities, and those articles may only be sold to Chinese subjects who hold a special purchase- permit. The exportation of rice and of Chinese copper coin is forbidden. On the other hand, the importation of rice and of all cereals may take place duty free.

Art. XVI. The transport of goods belonging to Chinese merchants is forbidden to Russian merchants attempting to pass them off as their own property.

        Art. XVII.-The Chinese authorities are entitled to take the necessary measures against, smuggling.

Done at St. Petersburg, the 12th-24th February, 1881.

(Signed)

[L.B.)

| L.8.

NICOLAS DE GIERS. EUGENE BUTZOW.

"

[L.6.]

TSENG.

PROTOCOL

       The undersigned Nicolas de Giers, secretary of state, actual privy councillor, directing the Imperial Ministry of Foreign Affairs, and Tseng, Marquess of Neyong, vice-president of the high court of justice, envoy extraordinary and minister plesipotentiary of His Majesty the Emperor of China to His Majesty the Emperor of Russia, have met at the hotel of the Ministry of Foreign Affairs to proceed to the exchange of the acts of ratification of the Treaty between Russia and China, signed at St. Petersburg, the 12/24 February, 1881.

       After perusal of the respective instruments, which have been acknowledged tex- tually conformable to the original act, the exchange of the act ratified by His Majesty the Emperor of Russia the 4/16 August, 1881, against the act ratified by His Majesty the Emperor of China the 3/15 May, 1831, has taken place according to custom.

In faith of which the undersigned have drawn up the present procés-verbal, and have affixed to it the seal of their arms.

one.

Done at St. Petersburg, the 7th August, one thousand eight hundred and eighty-

(Signed)

"

[L.B.] [L.B.]

NICOLAS DE GIERS. TSENG.

Digitized by

Google

}

UNITED STATES

TREATY BETWEEN THE UNITED STATES OF AMERICA AND CHINA

Signed, in the English and Chinese Languages, at TienTSIN, 18TH JUNE, 1858

Ratifications exchanged at Pehtang, 16th August, 1859

The United States of America and the Ta-Tsing Empire desiring to maintain firm, lasting, and sincere friendship, have resolved to renew, in a manner clear and positive, by means of a Treaty or general convention of peace, amity, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries; for which most desirable object the President of the United States and the August Sovereign of the Ta-Tsing Empire have named for their Plenipotentiaries, to wit: the President of the United States of America, William B. Reed, Envoy Extraordinary and Minister Plenipotentiary to China; and His Majesty the Emperor of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of Punishments, and Hwashana, President of the Board of Civil Office and Major-General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them being Imperial Commissioners and Plenipotentia- ries: And the said Ministers, in virtue of the respective full powers they have received from their governments, have agreed upon the following articles:-

Art. I.-There shall be, as there has always been, peace and friendship between the United States of America and the Ta-Tsing Empire, and between their people rospectively. They shall not insult or of press each other for any trifling cause, so as to produce an estrangement between them; and if any other nation should act unjustly or oppressively, the United States will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, thus showing their friendly feelings.

Art. II.-In order to perpetuate friendship, on the exchange of ratifications by the President, with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of China, this Treaty shall be kept and sacredly guarded in this way, viz.: The original Treaty, as ratified by the President of the United States, shall be deposited at Peking, the capital of His Majesty the Emperor of China, in charge of the Privy Council; and, as ratified by His Majesty the Emperor of China, shall be deposited at Washington, the capital of the United States, in charge of the Secretary of State.

Art. III. In order that the people of the two countries may know and obey the provisions of this Treaty, the United States of America agree, immediately on the exchange of ratifications, to proclaim the same and publish it by proclamation in the Gazettes where the laws of the United States of America are published by authority; and His Majesty the Emperor of China, on the exchange of ratifications, agrees immediately to direct the publication of the same at the capital and by the Governors of all the provinces.

Art. IV.-In order further to perpetuate friendship, the Minister or Commis- sioner, or the highest diplomatic representative of the United States of America in China, shall at all times have the right to correspond on terms of perfect equality and confidence with the officers of the Privy Council at the capital, or with the Governor- General of the Two Kwang, of Fohkien and Chekiang, or of the Two Kiang; and whenever he desires to have such correspondence with the Privy Council at the capital he shall have ti e right to send it through either of the said Governors-General, or by general post; and all such communications shall be most carefully respected. The Privy Council and Governors-General, as the case may be, shall in all cases consider and acknowledge such communications promptly and respectfully.

    Art. V.-The Minister of the United States of America in China, whenever he has business, shall have the right to visit and sojourn at the capital of His Majesty the

Digitized by Google

TREATY BETWEEN THE UNITED STATES AND CHINA

R5

Emperor of China and there confer with a member of the Privy Council or any other high officer of equal rank deputed for that purpose, on matters of common interest and advantage. Ĥis visits shall not exceed one in each year, and he shall complete his business without unnecessary delay. He shall be allowed to go by land or come to the mouth of the Pei-ho, in which he shall not bring ships-of-war, and he shall inform the authorities of that place in order that boats may be provided for him to go on his journey. He is not to take advantage of this stipulation to request visits to the capital on trivial occasions. Whenever he means to proceed to the capital be shall communicate in writing his intention to the Board of Rites at the capital, and thereupon the said Board shall give the necessary direction to facilitate his journey, and give him necessary protection and respect on his way. On his arrival at the capital he shall be furnished with a suitable residence prepared for him, and he shall defray his own expenses; and his entire suite shall not exceed twenty persons exclusive of his Chinese attendants, none of whom shall be engaged in trade.

      Art. VI. If at any time His Majesty the Emperor of China shall, by treaty voluntarily made, or for any other reason, permit the representative of any friendly nation to reside at his capital for a long or short time, then, without any further consultation or express permission, the representative of the United States in China. sball have the same privilege.

Art. VII. The superior authorities of the United States and of China in corresponding together shall do so on terms of equality and in form of mutual communication (chau-kwui). The Consuls and the local officers, civil and military, in corresponding together shall likewise employ the style and form of mutual communication (chau-hwxi). When inferior officers of the one government address the superior officers of the other they shall do so in the style and form of memorial (shin-chin). Private individuals, in aldressing superior officers, shall employ the style of petition (p-ching). In no case shall any terms or style be used or suffered which shall be offensive or disrespectful to either party. And it is agreed that no present, under any pretext or form whatever, stall ever be demanded of the United States by China, or of China by the United States.

Art. VIII. In all future personal intercourse between the representative of the United States of America and the Governors-General or Governors the interviews shall be had at the official residence of the said officers, or at their temporary resi- dence, or at the residence of the representative of the United States of America, whichever may be a reed upon between them; nor shall they make any pretext for declining the interviews. Current matters shall be discussed by correspondence, so as not to give the trouble of a personal meeting.

Art. IX.-Whenever national vessels of the United States of America, in cruising along the coast and among the ports opened for trade for the protection of the com- merce of their country, or the advancement of science, shall arrive at or near any of the ports of China, the commanders of said ships and the superior local authorities of government shall, if it be necessary, hold intercourse on terms of equality and courtesy, in token of the friendly relations of their respective nations; and the said vessels shall enjoy all suitable facilities on the part of the Chinese Government in procuring provisions or other supplies, and making necessary repairs. And the United States of America agree that in case of the shipwreck of any American vessel and its being pillaged by pirates, or in case any American vessel shall be pillaged or captured by pirates on the seas adjacent to the coast, without being shipwrecked, the national vessels of the United States sh..ll pursue the said pirates, and if captured deliver them over for trial and punishment.

       Art. X.-The United States of America shall have the right to appoint Consuls and other commercial age..ts for the protection of trade, to reside at such places in the dominions of China as shall be agreed to be opened, who shall hold official intercourse and correspondence with the local officers of the Chinese Government (a Consul or a Vice Consul in charge taking rank with an intendant of circuit or a prefect), either personally or in writing, as occasion may require, on terins of equality and reciprocal respect. And the Consuls and local officers shall employ the style of mutual

Digitized by

Google

86

TREATY BETWEEN THE UNITED STATES AND CHINA

Communication. If the officers of either nation are disrespectfully treated, or aggrieved in any way by the other authorities, they have the right to make representation of the same to the superior officers of the respective Governors, who shall see that full inquiry and strict justice shall be had in the premises. And the said Consuls and agents shall carefully avoid all acts of offence to the officers and people of China. On the arrival of a Consul duly accredited at any port in China, it shall be the duty of the Minister of the United States to notify the same to the Governor-General of the province where such port is, who shall forthwith recognize the sad Consul and grant him authority to act.

Art. XI-All citizens of the United States of America in China, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of China, shall receive and enjoy for themselves and everything appertaining to them the protection of the local authorities of Government, who shall defend them from all insult or injury of any sort. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the dosal officers, on requisition of the Consul, shall immediately despatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigour of the law. Subjects of China guilty of any criminal act towards citizens of the United States shall be punished by the Chinese authorities according to the laws of China, and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of Chinese, or commit any other improper act in China, shall be punished only by the Consul or other public functionary thereto authoized, according to the laws of the United States. Ar- rests in order to trial may be made by either the Chinese or United States authorities. Art. XII.-Citizens of the United States, residing or sojourning at any of the ports open to foreign commerce, shall be permitted to rent houses and places of business or hire sites on which they can themselves build houses or hospitals, churches, and cemeteries. The parties interested can fix the rents by mutual and equitable agreement; the proprietors shall not demand an exorbitant price, nor shall the local authorities interfere, unless there be some objections offered on the part of the inhabitants respecting the place. The legal fees to the officers for applying their seal shall be paid. The citizens of the United States shall not unreasonably insist on particular spots, but each party shall conduct themselves with justice and moderation. Any desecration of the cemeteries by natives of China shall be severely punished according to law. At the places where the ships of the United States anchor, or their citizens reside, the merchants, seamen, or others can freely pass and repass in the immediate neighbourhood; but in order to the preservation of the public peace, they shall not go into the country to the villages and marts to sell their goods unlawfully, in fraud of the revenue.

    Art. XIII-If any vessel of the United States be wrecked or stranded on the coast of China and be subjected to plunder or other damage, the proper officers of the Government, on receiving information of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all facilities for obtaining supplies of provisions and water. If the merchant vessels of the United States, while within the waters over which the Chinese Government exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving information thereof, shall arrest the said robbers or pirates, and punish them according to law, and shall cause all the property which can be recovered to be restored to the owners, or placed in the hands of the Consul. by reason of the extent of territory and numerous population of China, it shall in any case happen that the robbers cannot be apprehended, and the property only in part recovered, the Chinese Government sh∙ll not make indemnity for the goods lost; but if it shall be proved that the local authorities have been in collusion with the robbers, the same shall be communicated to the superior authorities for memorializing the Throne, and these officers shall be severely punished and their property be confiscated. to repay the losses,

If

Digitized by

Google

TREATY BETWEEN UNITED STATES AND CHINA

87

        Art. XIV. The citizens of the United States are permitted to frequent the ports and citi s of Canton and Chau-chau, or Swatow, in the province of Kwangtung; Amoy, Foochow, and Tai-wan in Formosa, in the province of Fuhkien; Ningpo in the province of Chekiang; and Shanghai in the province of Kiangsu, and any other port or place hereafter by treaty with other powers or with the United States opened to commerce; and to reside with their families and trade there, and to proceed at pleasure with their Vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine or fraudulent trade at other ports of China, not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Chinese Govern- ment; and any citizen of the United States who shall trade in anv contraband article of merchandise shall be subject to be dealt with by the Chinese Government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the Empire.

       Art. XV.-At each of the ports open to commerce, citizens of the United States shall be permitted to import from abroad, and sell, purchase, and export all merchan- dise of which the importation or exportation is not prohibited by the laws of the Empire. The tariff of duties to be paid by the citizens of the United States, on the export and import of goods from and into China, shall be the same as was agreed upon at the Treaty of Wanghia, except so far as it may be modified by treaties with other nations, it being expressly agreed that citizens of the United States shall never pay higher duties than those paid by the most favoured nation.

Art. XVI.-Tonnage duties shall be paid on every merchant vessel belonging to the United States entering either of the open ports at the rate of four mace per ton of forty cubic feet, if she be over one hundred and fifty tons burden; and one mace per ton of forty cubic feet if she be of the burden of one hundred and fifty tons or auder, sccording to the tonnage specified in the register; which, with her other papers, shall, on her arrival, be lodged with the Co..aul, who shall report the same to the Commis- sioner of Customs. And if any vessel, having paid tonnage duty at one port, shall go to any other port to complete the disposal of her cargo, or being in ballast, to purchase an entire or fill up an incomplete cargo, the Consul shall report the same to the Commissioner of Custom‹, who shall n te on the port-clearance that the tonnage duties have been paid, and report the circumstance to the collectors at the other Custom-hous s; in which case, the said ve sel shall only pay duty on her cargo, and not be charged with tonnage duty a second time. The collectors of Customs at the open ports shall consult with the Corsuls about the erection of beacons ⚫r light. bouses, and where buoys and light ships should be placed.

Art. XVII.-Citizens of the United States shall be alo ved 'o engage pilots to take their vessels into port, and, when the lawful duties have all been paid, take them out of port. It shall be lawful for them to hire at plasure s rants, compradores, hngui ts, writers, labourers, seamen, and persons for whatever necessary service, with passage or cargo-bonts, for a reasonable" compen-ation, to be agreed upon by the parties or determined by the Consul.

Art. XVIII.-Whenever merchant vessels of the United States shall enter a port, the Collector of Customs shall, if he see fit, appoint Custom-hous officers to guard said vessels, who my live on board the ship or their own boats, at their convenience. The cal authorities of the Chinese Government shall cause to be apprehended all mutineers or d serte:s from on board the vessels of the United States in China on being in formed by the Consul, and wil d 1 ver them up to the Consuls or o her officers for punishment. And if criminals, subjects of China, take re ugs in the house, or on board the vessels of citize: 8 of the United States, they s all not be larl our d, but shall be delivered up to justice on due requisition by the Chinese local fficers, addressed to those of the United States. The merchant, scamer, and other ei'iz ns of the United States shall be under the superintendence of the appropriate offi ers of their

      government. If individuals of either nation commit acts of violence or disorder, use arms to the injury of others, or create disturbances endangering life, the officers of

Digitized by

Google

B

88

TREATY BETWEEN UNITED STATES AND CHINA

the two governments will exert themselves to enforce order and to maintain the public peace, by doing impartial justice in the premises.

Art. XIX-Whenever a merchant vessel belonging to the United States shall cast anchor in either of the said ports, the supercargo, master, or consignee, shall, within forty-eight hours, deposit the ship's papers in the bauds of the Consul or person charged with his muctions, who shall cause to be communicated to the Super- intenden: of Customs a true report of the name and tonnage of such vessel, the number of her crew,

        and the nature of ber cargo, which being done, he shall give a permit for her discharge. And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars, and the goods so discharged without permit shall be subject to forfeiture to the Chinese Government. But if a master of any vessel in port desire to discharge a part only of the cargo, it shall be law ul for him to do so, paying duty on such part only, and to proceed with the remainder to any other ports. Or if the master so desire, he may within forty- eight hours after the arrival of the vessel, but not later, decide to d part without breaking bulk; in which case he shall not be subject to pay tonnag or other duties or charges, until, on his arrival at another port, he shall proceed to discharg cargo, when he shall pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held due after the expiration of th said forty-eight hours. In case of the absence of the Consul or pison charged with his functions, th captain or supercargo of the vessel may have recourse to the consul of a friendly power; or, if he please, directly to the Superintendent of Customs, who shall do all that is required to conduct the ship's business.

Art. XX.-The Superintendent of Customs, in order to the collection of the proper duties, shall, on application made to him through the Consul, appoint suitable officers, who shall proceed, in the presence of the captain, supercargo, or consignee, to make a just and fair examination of all goods in the act of being discharged for importation, or laden for exportation, on board any merchant vessel of the United States. And if disputes occur in regard to the value of goods subject to ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not after- wards, be referred to the said Consul to adjust with the Superintendent of Customs.

     Art. XXI.-Citizens of the United States who may have imported merchandise into any of the free ports of China, and paid the duty there n, if they desire to re-export the same in part or in whole to any other of the said ports, shall be entitled to make application, through their Consul, to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made, by suitable officers, to see that the duties paid on such goods as are entered on the Custom- house books correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port-clearance of the goods and the amount of duties paid on the same, and d liver the same to the merchant, and shall also certily the fats to the officers of Customs at the other ports, all which being done, on the arrival in port of the vessel in which the goods are laden, and everything being found, on examination there, to correspond, she shall be permitted to break bulk, and land the said goods without being subject to the payment of any additional duty thereor. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to tyrfeiture and confiscation to the Chinese Government. Foreign grain or rice brought into any port of China in a ship of the United States, and not laniel, may be re exported without hindrance.

     Art. XXII.-The tonnage duty on vessels of the United States shall be paid on their being admitted to entry. Duties of import shall be paid on the discharge of the goods, and duties of export on the lading of the saine. When all such du ies shall have been paid, nd not before, the Collector of Customs shall give a put-clearance, and the Consul shall return t'e ship's papers. The duties shall be paid to the shroffes authorized by the Chinese Government to receive the same. Duties shall be paid and received either in sycee silver or in foreign money, at the rate of the day. If the

;

Digitized by

Google

'TREATY BETWEEN THE UNITED STATES AND CHINA

89

Consul permits a ship to leave the port before the duties and tonnage dues are paid, he shall be held responsible therefor.

Art. XXIII.-When goods on board any merchant vessel of the United States in port require to be transhipped to another vessel application shall be made to the Consul, who shall certify what is the occasion therefor to the Superintendent of Customs, who may appoint officers to examine into the facts and permit the transhipment. And if any goods be transhipped without written permits, they shall be subject to be forfeited to the Chinese Government.

Art. XXIV.-Where there are debts due by subjects of China to citizens of the United States, the latter may seek redress in law; and on suitable representation being made to the local authorities through the Consul, they will cause due examination in the premises, and take proper steps to compel satisfaction. And if citizens of the United States be indebted to subjects of Chinn, the latter may seek redress by representation through the Consul, or by suit in the Consular Court; but neither government will hold itself responsible for such debts.

Art. XXV.-It shall be lawful for the officers or citizens of the United States to employ scholars and people of any part of China, without distinction of persons, to teach any of the languages of the Empire, and assist in literary labours, and the persons so employed shall not for that cause be subject to any injury on the part either of the Government or individuals; and it shal in like manner be lawful for citizens of the United States to purchase all manner of books in China.

      Art. XXVI.- Relations of peace and amity between the United States and China being established by this treaty, and the vessels of the United States being admitted to trade freely to and from the ports of China open to foreign commerce, it is further agreed that, in case at any time bereafter China should le at war with an foreign nation whatever, and should for that cause exclude such nation from entering her ports, still the vessels of the United States shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent powers, full respect being paid to the neutrality of the flag of the United States, provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's service, nor shall said flag be fraudulently used to enable the enemy's ships, with t'eir cargoes, to enter the ports of China; but all such vessels so offending shall be subject to forfeiture and confisca- tion to the Chinese Government,

      Art. XXVII.-All questions in regard to rights whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdiction and be regulated by the authorities of their own government; and all cont oversies occurring in China between citizens of the United States and the subjects of any ot er government at all be regulated by the treaties existing between the United States and such governments respectively, without interference on t'e part of China.

      Art. XXVIII.-If citizens of the United States I ave special occasion to address any communication to the Chinese local officers of Government, they shall submit the same to their Consul or other officer, to determine if the language be proper and respectful, and the matter just and right, in which event he shall transmit the same to the appropriate authorities for their consideration and action in the premises. If subjects of China have occasion to address the Consul of the United States they may address him directly, at the same time they inform their own officers, representing the case for his consideration and action in the premises; and it controversies arise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided conformably 10 justice and equity by the public officers of the two nations, acting in conjunction. The extortion of illegal fees is expressly prohibited. Any peaceable persons are allowed to enter the Court in order to interpret, lest injustice be done.

Art. XXIX.-The principles of the Christian Religion, as professed by the Protestant and Roman Catholic Churches, are recognised as teaching men to do good, and to do to others as they would have others to do to them. Hereafter those who

Digitized by Google

90

ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA

  quietly profess and teach these doctrines shall not be harassed or persecuted on account of their fast. Any person, whether citizen of the United States or Chinese convert, who, according to those tenets, peaceably teaches and practises the principles of Christianity, shall in no case be interfered with or molested.

    Art. XXX.-The contracting parties hereby agree that should at any time the Ta-Tsing Empire grant to any nation, or the merchants or citizens of any nation, any right, privilege, or favour, connected either with navigation, commerce, political or other intercourse, which is not conferred by this Treaty, such right, privilege, and favour shall at once freely enure to the benefit of the United States, its public officers, merchants, and citizens.

    The present Treaty of peace, amity, and commerce shall be ratified by the President of the United States, by and with the advice and consent of the Senate, within one year, or sooner, if possible, and by the August Sovereign of the Ta-Tsing Empire forthwith; and the ratifications shall be exchanged within one year from the date of the signature thereof.

    In faith whereof we, the respective plenipotentiaries of the United States of America and of the Ta-Tsing Empire, as aforesaid, bave signed and sealed these presents.

Done at Tientsin, this eighteenth day of June in the year of our Lord one thousand eight hundred and fifty-eight, and the Independence of the United States of America the eighty-second, and in the eighth year of Hien Fung, fifth moon, and +ighth day.

L.S.] [L.S.]

[L.S.]

WILLIAM B. REED. KWEILIANG.

HWASHANA.

    [Appended to the foregoing Treaty are Tariff and Rules identical with those annexed to the British Treaty of Tientsin.]

ADDITIONAL ARTICLES TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND CHINA OF 18TH JUNE, 1858

SIGNED, IN THE English anD CHINESE LAnguages, at Washington, 28TH JULY, 1868

Ratifications Exchanged at Peking 23rd November, 1869

Whereas, since the conclusion of the Treaty between the United States of America and the Ta-Tsing Empire (China) of the 18th June, 1858, circunstances have arisen showing the necessity of additional articles thereto the President of the United States and the August Sovereign of the Ta-Tsing Empire have named for their Plenipotentiaries: to wit, the President of the United States of America, William R. Seward, Secretary of State; and His Majesty the Emperor of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipo- tentiary, and Chih-kang and Sun-chia-ku, of the second Chiuese rank, associated high Envoys and Ministers of his said Majesty; and the said Pienipotentiaries, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles :--

    Art. I. His Majesty the Emperor of China, being of the opiniou that in making concessions to the citizens or subjects of foreign powers, of the privilege of residing on certain tracts of land, or resorting to certain waters of that Empire, for purposes of trade, he has by no means relinquished his right of eminent domain or dominion over the said lands and waters, hereby agrees that no such concession or grant shall be construed to give to any power or party which may be at war with or hostile to

Digitized by

Google

ADDITIONAL TREATY BETWEEN THE UNITED STATES and chiNA

91

the United States, th right to attack the citizens of the United States, or their property, within the said lands or waters: And the United States, for themselves, hereby agree to abstain from offensively attacking the citizens or subjects of any power or party, or their property, with which they may be at war, on any such tract of land or water of the said Empire. But nothing in this article shall be construed to prevent the United States from resisting an attack by any hostile power or party upon their citizens or their property.

        It is further agreed that if any right or interest in any tract of land in China, has been, or shall hereafter be, granted by the Government of China to the United States or their citizens for purposes of trade or commerce, that grant s'all in no event be construed to divest the Chinese Authorities of their right of jurisdiction over persons and property within said tract of land except so far as the right may have been expressly relinquished by treaty.

Art. II. The United States of America and His Majesty the Emperor of China, believing that the safety and prosperity of commerce will thereby best be promoted, agree that any privilege er immunity in respect to trade or navigation within the Chinese dominions which may not have been stipulated for by treaty, shall be subject to the discretion of the Chinese Government, and may be regulated by it accordingly, but not in a manner or spirit incompatible with the Treaty stipulations of the parties. Art. III.-The Emperor of China shall have the right to appoint Consuls at ports of the United States, who shall enjoy the same privileges and immunities as those which are enjoyed by public law and treaty in the United States by the Consuls of Great Britain and Russia or either of them.

Art. IV. The 29th article of the Treaty of the 18th June, 1858, having stipulated for the exemption of the Christian citizens of the United States and Chinese converts from persecution in China on account of their faith; it is further agreed that citizens of the United States in China of every religious persuasion, and C inese subjects in the United States, shall enjoy entir liberty of conscience, and shall be exempt from all disability or persecution on acront of their religious faith or worship in either country. Cemeteries for sepulture of the dead, of whatever nativity or nationality, shall be held in respect and free from disturbance or pro'anation.

Art. V.-The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migration and emigration of their citizens and subjects respectively from the one country to the other for the purposes of curiosity, of trade, or as permanent residents. The High Contracting Parties, therefore, join in reprobating any other than an entirely voluntary emigration for these purposes. They consequently agree to pass laws, making it a penal offence for a citizen of the United States, or a Chinese subject, to take Chinese subjects either to the United States or to any other foreign country; or for a Chinese subject or citizen of the United States to take citizens of the United States to China, or to any other foreign country, without their free and voluntary consent respectively

Art. VI.-Citizens of the United States visiting or residing in China shall enjoy the same privileges, immunities, or exemptions, in respect to travel or residence as may there be enjoy d by the citizens or subjects of the most favoured nation. And Reciprocally, Chinese subjects visiting or resid ng in the United States shall enjoy the same privileges, immunities, and exemptions in respect to travel or residence as any there be enjoyed by the citizens or subjects of the most favoured nation. But Bothing herein contained shall be held to confer naturalization upon citizens of the United States in China, nor upon the subjects of China in the United States.

Art. VIL-Citizens of the United States shall enjoy all the privileges of the public educational institutions under the control of the Government of China; and eciprocally Chinese subjects shall enjoy all the privileges of the public educational nstitutions under the control of the Government of the United States, which are yed in the respective countries by the citizens or subjects of the most favoured The citizens of the United States may freely establish and maintain schools thin the Empire of China at those places where foreigners are by treaty permitted

Digitized by

Google

1

92 IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U. 6. & CHINA

to reside; and reciprocally, Chinese subjects may enjoy the same privileges and immunities in the United States.

Art. VIII.-The United States, always disc'aiming and discouraging all prac tices of unnecessary dictation and intervention by one nation in the affairs or domestic administration of another, do hereby freely disclaim and disavow any intention or right to intervene in the domestic administration of China in regard to the construc- tion of railroads, telegraphs, or other material internal imp'ovements. On the other hand, His Majesty the Emperor of China reserves to himself the right to decide the time and manner and circumstances of introducing such improvements within his dominions. With this mutual understanding it is agreed by the contracting parties that, if at any time hereafter his Imperial Majesty shall determine to construct, or cause to be constructed, works of the character mentioned within the Empire, and shall make application to the United States or any other Western Power for facilities to carry out that policy, the United States will in that case designate or authorize suitable engineers to be employed by the Chinese Government, and will recommend to other nations an equal compliance with such applications; the Chinese Government in that case protecting such engineers in their persons and property, and paying them a reasonable compensation for their services.

     In faith whereof, the respective Plenipotentiaries have signed this treaty and thereto affixed the seals of their arms.

     Done at Washington, the 28th day of July, in the year of our Lord one thousand eight hundred and sixty-eight.

[L.S.]

(Signed)

L.S.

*

L.8.

""

L.S.

**

WILLIAM H. SEWARD. ANSON BURLINGAME. CHIH KANG.

SUN CHIA-KU.

IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE UNITED STATES AND CHINA

SIGNED AT Peking, IN THE ENGLISH AND CHINESE Languages, ON THE 17TH NOVEMBER, 1880

The Immigration Treaty.

Whereas, in the eighth year of Hien Fung, Anno Domini 1858, a treaty of peace and friendship was concluded between the United States of America and China and to which were added in the seventh year of Tung Chi, Anno Domini 1868, certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed; and

Whereas the Government of the United States, because of the constantly in- creasing immigration of Chinese labourers to the t-rritory of the United States, and the embarrassments consequent upon such immigration, now desires to negotiat" a modification of the existing treaties which will not be in direct contravention of their spirit; now therefore, the President of the United States of America appoints James B. Angell, of Michigau; John F. Swift, of California; and Will am H. Trescott, of South Carolina, as his Commissioners Plenipotentiary; and His Imperial Majesty the Emperor of China has appointed Pao Chun, a member of His Imperial Majesty's Privy Council and Superintendent of the Board of Civil Office, and Li Hung Tsao, member of His Imperial Majesty's Privy Council, as his Commissioners Plenipo- tentiary; and the said Commissioners Plenipotentiary, having conjointly examined their full powers, and having discussed the points of possible modifications in existing treaties, have agreed upon the following articles in modification:-

Art. I.-Whenever, in the opinion of the Government of the United States, the coming of Chinese lab urers to the United States, or their residence therein, affects,

Digitized by

Google

IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U. S. & CHINA 98

or threatens to affect, the interests of that country, or to endanger the good order of any locality within the territory thereof, the Government of China agrees that the Government of the United States may regulate, limit, or suspend such coming or residence, but may not absolutely prohibit it. The limitation or suspension shall be reasonable, and shall apply only to Chinese who may go to the United States as abourers, other classes not being included in the limitation. Legislation in regard w Chinese labourers will be of such a character only as is necessary to enforce the regulation, limitation, or suspension of immigration, and immigrants shall not be subject to personal maltreatmert or abuse.

Art. IL-Chinese subjects, whether proceeding to the United States as traders or students, merchants, or from curiosity, together with their body and household servants, and Chinese labourers who are now in the United States, shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exemptions which are accorded to the citizens and subjects of the most favoured nati ns.

Art. III.-If Chinese labourers, or Chinese of any other class, now either permanently or tempo arily residing in the te ritory of the Unit d States, meet with ill-treatment at the hands of any other persons, the Government of the United States vill exert all its power to devise measures for their protection, and secure to them the same rights, privileges, immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favoured nation, and to which they are entitled by treaty.

       Art. IV. The high contracting Powers, having agreed upon the foregoing Articles, whenever the Governinent of the United States shall adopt legislative measures in accordance therewith, such measures will be communicated to the Government of China, and if the weasures, as effected, are found to work hardship apon the subjects of China, the Chinese Minister at Washington may bring the matter to the notice of the Secretary of State of the United States, who will consider the subject with him, and the Chinese Foreign Office may also bring the matter to the notice of the U.S. Minister at Peking and consider the subject with him, to the nd that mutual and unqualified benefit may result. In faith whereof, the Plenipo- tentiaries have signed and sealed the foregoing at Peking, in English and Chinese, there being three orignals of each text of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from the date of its execution.

Done at Peking, this 17th day of November, in the year of our Lord 1880, Kang Su sixth year, tenth moon, fiftenth day. Signed and sealed by the above-

amed Commissioners of both Governinents.

The Commercial Treaty.

The following is the text of the commercial treaty signed at the same place and tme:-

The Presi lent of the United States of America and His Imperial Majesty the Emperor of China, because of certain points of incompleteness in the existing treaties betwen the two Governments, have named as their Commissioners Plenipotentiary: The President of the United States of America, James B. Angell, of Michigan; John . Swift, of California; and William H. Tresco:t, of South Carolina, as his Com- sioners Plenipotentiary; and His Imperial Majesty the Emperor of China has pointed Pao Chun, a member of His Imperial Majesty's Privy Council and Super- and nt of the Board of Civil Office; and Li Hung Tsao, a member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Com- Plenipotentiary, having conjointly examined their full powers, and having cussed the points of possible modification in existing treaties, have agreed upon de following additional articles :---

missiners

AR-The Governments of the United States and China, recognizing the acts of their past commercial relations, and in order to still further promote such tions between the citizens and subjects of the two Powers, mutually agree to give the most careful and favourable attention to the representations of either as to such ; "patial extension of commercial intercourse as either may desire.

Digitized by

Google

94 IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U. 8. & CHINA

Art. II.-The Governments of China and of the United States mu ually agree and undertake that Chinese subjects shall not be permitted to import opium in any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of China, or transport from one open port to any other open port, or to buy and sell opium in any of the open ports of China. This absclute probibition, which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States, and the benefits of the favoured nation clauses in existing treaties shall not be claimed by the citizens or subjects of either Power as against the provisions of this article.

     Art. III. His Imperial Majesty the Emperor of China hereby promises and agrees that no other kind or higher rate of tonnage dues or duties for imports or ex- ports or coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly belonging to citizens of the United States, or upon the produce, manu- factures, or merchandise imported in the same from the United States or from any foreign country, or upon the produce, manu actures, or merchandise exported in the same to the United States, or any foreign country, or transported in the same from one open port o' China to another, than are imposed or levied on vessels or cargoes ol any other nation, or on those of Chinese subjects. The United States h reby pro- mis s and agrees that no other kind or higher rate of tonnage duties and dues for imports shall be imposed or levied in the ports of the United States upon vessels wholly belonging to the subjects of his Imperial Majesty, coming either directly or by way of any foreign port from any of the ports of China which are open to foreign trade to the ports of the United States, or returning therefrom either directly or by way of any fore gn port to any of the open ports of China, or upon the produce, manufactures, or merchandise imported in the same from China, or from any foreign country, than are imposed or levied on vessels of any other nations which make no discrimination against the United States in tonnage dues or duties on imports, export-, or coast wise trade, or than are imposed or levied on vessels and cargoes of citizens of the United States.

Art. IV. When controversies arise in the Chinese Emp re between citizens of the United States and subjects of His Imperial Majesty, which ne d to be examined and decided by the public officers of the two nations, it is agree between the Governments of the United States and China that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff's national ty shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interest of justice, and if he so desire, he shall have the right to be present and to examine and to cross-examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in debate. The law administered will be the law of the nationality of the officer trying the case.

In faith whereof, the respective Plenipotentiaries have signed and sealed the foregoing, at Peking, in English and Chinese, there being three originals of each text, of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from the date ‹f its execution.

Done at Peking, this 17th day of November, in the year of our Lord 1880, Kuang Sü sixth year, tenth moon, fifteenth day.

(Signed)

"

A

**

JAMES B. ANGELL.

JOHN F. SWIFT.

WILLIAM H. TRESCOTT.

PAO CHUN.

LI HUNG-TSAO.

Digitized by

Google

PERU

TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN THE REPUBLIC OF PERU and HIS MAJESTY THE

EMPEROR OF CHINA

SIGNED, IN THE SPANISH, ENGLISH, AND CHINESE LANGUAGES, AT TIENTSIN,

26TH JUNE, 1874

Ratifications exchanged at Tientsin, 7th August, 1875

       His Excellency the President of the Republic of Peru and His Majesty the Empe or of China, being sincerely desirous to establish trienly relations between the two countries, bave resolved to confirm the same by a Treaty of Friendship, Com- merce, and Navigation, with the view of laying the foundations of mutual intercourse; and for that purpose have named as their Plenipotentaries, that is to say :

       His Excellency the President of Peru, Don Aurelio Garcia y Garcia, a Post Captain in the Peruvian Navy, Envoy Extraordinary and Minister Plenipotentiary of that Republic for the Empires of China and Japan; and

       His Majesty the Emperor of China, Li, Minis: er Plenipotentiary, Imperial Com- missioner, Grand Guardian of the Heir Apparent, Grand Secretary, a President of the Board of War, Governor-General of the Province of Chih-li, and invested with the dignity of the second order of nobility:

        Who, after having examined and exchanged their respective full powers, have together agreed upon the following Treaty for the benefit and protection of the merchants and people of the two countries:

       Art. I.-There shall be peace and friendship between the Republic of Peru and His Majesty the Emperor ofhina. Their respective citizens and subjects shall reciprocally enjoy in the territories of the High Contracting Parties full and perfect protection for their persous and property.

       Art. II.-In order to facilitate friendly intercourse in future, His Excellency the President of Peru may, if he see fit, appoint a Diplomatic Agent to the Court of Peking, and His Majesty the Emperor of China may in like manner, if he see fit, appoint a Diplomatic Agent to the Government of Peru.

       His Majesty the Emperor of China hereby agrees that the Diplomatic Agent so appointed by the Government of Peru may, with his family and the prsons of his suite, permanently reside at Peking, or may visit it occasionally, at the option of the Peruvian Government.

In like manner, the Diplomatic Agent of China may, with his family and the persons of his suite, permanently reside at Lima, or may visit it occasionally at the option of the Chinese Government.

Art. III.-The Diplomatic Agents of each of the Contracting Parties shall, at their respective residences, enjoy all privileges and immunities accorded to them by international usage.

Art. IV. The Government of Peru may appoint a Consul-General, and for such open ports or cities of China where it may be considered most expedient for the interest of Peruvian commerce, Consuls, Vice Consuls, or Consular Agents. These 'officers shall be treated with due respect by the Chinese Authorities, and enjoy the same privileges and immunities as the Consular officers of the most favoured nation.

*

Digitized by

Google

t

[

96

TREATY BETWEEN PERU AND CHINA

His Majesty the Emperor of China may appo nt a Consul-General, Consuls, Vice-Consuls, or Consular Agents at any port or town of Peru where Cnsular Officers of any other Power are admitted to reside. All of these officers shall enjoy the same rights and privileges as thos of the most favoured nation in Peru.

1

It is further agreed that the appointment of the said Consular Officers shall not be made in merchants residing in the locality.

    Art. V.-Peruvian ctizens are at liberty to travel for their pleasure or for purposes of trade in all parts of China under the express condition of be ng provided with passports wr tteu in Spanish and Chinese, ssued in due form by the Consuls of Peru and visé by the hinese Authorities. These passports, if demanded, must be produced for exami ation in the localities passed through. If the passport be not irregular, the bearer will be allowel to proceed, and no opposition shall be offered to his hiring persons, or hiring vessels or carts for the carriage of his baggage or merchandise, and the said merchandise shall be conveyed in accordance with the General Regulations of Foreign Trade.

If the traveller be without a passport, he shall be handed over to the nearest Consul in order to enable him to procure one. The above provision will in like manner be applicable to cases of a Peruvian citizen committing any offence against the law of China. But he shall in no case be subjected by the Chinese Authorities to any kind of ill-treatment or insult.

The citizens of Peru may go on excursions from the open ports or cities to a distance not exceeding 100 li, and for a period not exceeding five days, without being provided with a passport.

The above provisions do not apply to the crews of ships, who, when on shore, shall be subject to the disciplinary regulations drawn up by the Consul and the local Authorities.

    Chinese subjects shall have the liberty to travel at their pleasure throughout the territory of Peru, as long as they behave peaceably and commit no offence against the laws and regulations of the country.

    Art. VI.-The Republic of Peru and the empire of China cordially recognize the inherent and inalienable right of man to change his ho ne. Their citizens and subjects respectively may consequently go freely from the one country to the other for the purposes of curiosity, trade, labour, or as permanent residents. The High Contracting Parties therefore agree that the citizens and subjects of both countries shall only emigrate with their free and voluntary consent; join ia reprobating any other than an entirely voluntary emigration for the said pu poses, and every act of violence or fraud that may be employed in Macao or the ports of China to carry away Chinese subjects. The Contracting Parties likewise pledge thems Ives to punish severely, according to their laws, their respective citizens and subjects who may violate the present stipulations, and also to proceed judicially againt their respective ships that may be employed in such unlawful operations, imposing the fines which for such cases are established by their laws.

    Art. VII. It is fur her agreed that for the better understanding and more efficient protection of the Chinese subjects who reside in Peru, the Peruvian Govern- ment will appoint official Interpreters of the Chinese language in the Prefectures of the Departinents of Peru where the great c ntres of Chinese immigration exist.

    Art. VIII.-The merchant ships belonging to Peruvian citizens shall be permitted to frequent all the ports of China open to foreign trade, and to proceed to and fro at pleasure with their merchandise, enjoying the same rights and privileges as those of the most favoured nation.

In like manner, the merchant ships belonging to Chinese subjects may visit all the ports of Peru open to foreign commerce and trade in them, enjoying the same rights and privileges which in Peru are granted to the citizens or subjects of the most favoured natiou.

Art. IX.--Peruvian citizens shall pay at the ports of China open to foreign trade, on all the goods imported or exported by them, the duties enumerated in the tariff which is now in force for the regulation of foreign commerce; but they can, in no case, be

Digitized by

Google

TREATY BETWEEN Peru and CHINA

97

      called upon to pay higher or oʻhor du'ies than those required now or in future of the citizens or subjects of the most favoured nation.

No other or higher duties shall be imposed in the ports of P-ru on all goods imported or exported by Chinese subjects than those which are or may be imposed in Peru on the commerce of the most favoured nation.

        Art. X.-The ships of war of each country respectively shall be at liberty to visit all the ports within the territories of the other to which the ships of war of other nations are or may be permitted to come. They shall enjoy every facility and meet ne obstacle in purchasing provisions, coals, procuring water, and making necessary. repairs. Such ships shall not be liable to the payment of duties of any kind.

Art. XI.-Any Peruvian vessel, being from extraordinary causes comelled to seek a place of refuge, shall be p rmitted to enter any Chinese port whatever, wi hout being subject to the payment of tonnage dues or duties on the goods, if only landed for the purpose of making the necessary repairs of the vessels, and remaining under the supervision of the Superintendent of the Customs.

Should any such vessels be wrecked or stranded, the Chinese Authorities shall immediately adopt measures for rescuing the crew, and for securing the vessel and margo. Th crew thus saved shall receive friendly treatment, and, if necessary, shall be furni-hed with the means of conveyance to the nearest Consular station.

Il any Chinese vessels be wrecked or compelled by stress of weather to seek a place of refuge on the coast of Peru, the local marine Authorities shall render to them every assistance in their power; the goods and merchandise saved from the wreck shall not be subject to duties unless clear d for consumption; and the ships shall enjoy the same liberties which in equal cases are grauted in Peru to the ship+ of other nations.

       Art. XII.-Peruvian citizens in China having reason to complain of a Chinese shall proceed at once to their Consular Officer and state to him their grievance. The Consul will inquire in the case, and do his utmost to arrange it am cably.

In like manner, if a Chinese have reason to complain of a Peruvian citizen in China, the Consular Officer shall listen to his complaint, and endeavour to come to a friendly arrangement.

        Shuld the Consular Officer not succeed in making such arrangement, then he shall request the assistance of the competent Chinese Officer, that they may together decide the matter according to the principles of equity.

       Art. XIII.-Chinese subjects guilty of a criminal action towards a Peruvian citizen in China shall be arrested and punished by the Chinese Authoritie, accord- ing to Chinese laws,

l'eruvian citizens in China who may commit any crime against a Chinese sub- jxt shal' be arrested and punished according to the laws of Peru, by the Pruvian Con-u ar Officer.

       Art. XIV.-All questions in regard to rights whether of propert or person, ais ng betw en Peruvian citizens in Ch ́na, shall be subject to t'ie juris fiction of the Peruvian Authorities. Disputes litween el izens in l'ein and those of ther Foreign Nat ors shall be decided in Chin acr rding to h Treatie existing between Foru and tho- Foreign Nations. In all cas 8, h wever, of Chin se subje ts being con- ened in the master, the Chirese Authorities may interfere in the proceding ac o lng to Articles XI, and X111, o this Treaty.

Art. XV.-Chinese su jects in Pru shall have free and open access to the Courts of Justice of Peru for the prosecution and d'efence of their just righ's; they shall enjoy in, this resp. et the same ri: ht、 and privileges as native citize: 8, and shiĨ also be treated in every way like the c.tizens and subjects of ot er countries resident in Peru.

Ar. XVI.-The Contracting Par ies agree that the Covernment, Public Officers, and citizens of the Republic of Peru shall fully and equally participate in all pri- vileges, rights, im aunities, juri-diction, a d advantages that may have been, or may be hereafter, granted by Hs Majesty the Emperor of China to the Government, Public Officers, c.tizens, or subjects of any other ration.

Digitized by

Google

או

TREATY BETWEEN BRAZIL AND CHINA

    In like manner, the Government, Public Officers, and subjects of the Empire of China shall enjoy in Peru all the rights, privileges, immunities, and advantages of every kind which in Peru are enjoyed by the Government, Public Officers, citizens, or subjects of the most favoured nation.

Art. XVII.-In order to prevent for the future any discussion, and considering that the English language, among all foreign languages, is the most generally known in China, this Treaty is written in the Spauish, Chinese, and English languages, and signed in nine copies, three in each language. All these versions have the same sense and signification, but whenever the interpretation of the Spanish and Chinese versions may differ, then reference shall be made to the English text.

Art. XVIII.-If in future the High C. ntracting Parties desire a modificatiou of any stipulation contained in this Treaty, they shall be at liberty after the lapse of ten years, dated from the day of the exchange of the ratifications of this Treaty, to open negotiations to that effect. Six months before the expiration of the ten years, ither of the Contracting Parties may officially notify to the other that modifications of the Treaty are desired, and in what these consist. If no such notification is mate, the Treaty remains in force for another ten years.

Art. XIX.-The present Treaty shall be ratified by His Excellency the Pre- sident of Peru after being approved by the Peruvian Congress, and by His Majesty the Emperor of China; and the ratifications shall be exchanged at Shanghai or Tientsin, as soon as possible.

In token whereof the respective Plenipotentiaries have signed and realed this

Treaty.

    Done at Tientsin, this twenty-sixth day of the month of June, in the year of our Lord One Thousand Eight Hundred and Seventy-four, corresponding to the Chinese date, the thirteenth day of the fifth moon of the thirteenth year of Tung Chi.

AURELIO GARCIA Y GARCIA. LI HUNG-CHANG,

[L.S.] [L.S.

(Signed)

**

4

BRAZIL

TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN. BRAZIL AND CHINA

SIGNED, IN The Portuguese, French, AND CHINESE Languages, at TIENTSIN, ON the 3rd October, 1881

Ratifications Exchanged at Shanghai, 3rd June, 1882

His Majesty the Emperor of Brazil and His Majesty the Empe or of China, being sincerely desirous of affirming their mutual sentiments of friendship and concord and of establishing relations of reciprocal utility between the two countries, bave resolved to conclude a treaty of friendship, commerce, and navigation, and have for that purpose named as their Plenipotentiaries, that is to say-His Majesty the Emperor of Brazil, Senhor Eduardo Callado, gentleman of the Imperial Household, Knight of the Order of the Rose and of the Imperial Turkish Order of the Medjidie, His Envoy Extraordinary and Minister Plenipotentiary on a special Miss.on to China : His Majesty the Emperor of China, Li, Minister Plenipotentiary, Imperial Commissioner, Grand Protector to the Heir Presumptive, First Grand Secretary of State, President of the Board of War, Governor-General of the province of Chihli, and Earl Sou-vi of the first rank, with the hereditary degree of Ki-tou-yi:

Who, after having exchanged their plenary powers, found in good and due form, have agreed upon the following articles:--

   Art. I.-There shall be perpetual peace and friendship between the Empire of Brazil and the Empire of China as well as between their respective subjects. These

Digitized by

Google

TREATY BETWEEN BRAZIL AND CHINA

99

pay repair freely to the respective States of the High Contracting Parties and reside there. They hall obtain there full and complete protection of their persons, their families, and their property, and shall enjoy all the rights, advantages, and privileges accorded to the subjects of the most favoured nation.

         Art. II.-In order to secure the maintenance of amicable relations between the two States, His Majesty the Emperor of Brazil may, if he thinks fit, appoint a diplomatic agent to the Court of Peking, and His Majesty the Emperor of China may equally, if he thinks fit, appoint a diplomatic agent to the Court of Rio de Janeiro.

The diplomatic agents of each of the High Contracting Parties may, with their families and the members of their suite, reside permanently in the capital of the ther, or repair there temporarily, according to the desire of the respective Govern-

ments.

       The diplomatic agents of each of the High Contracting Parties shall enjoy, in their respe tive residences, all the prerogatives, exemptions, immunities, and privileges accorded to the agents of the same category of the most favoured nation.

       Art. III. Each of the High Contracting Parties may nominate, in the ports and towns of the other open to trade, where its interests require, a Consul-General, Consuls, Vice-Consuls, and Consular Agents.

        These shall not enter upon their functions before receiving the exequatur of the Government of the country where they are to reside. This exequatur shall be given gratuitously.

        Merchants shall not be appointed to exercise Consular functions. Consuls should be true functionaries, and they hall be prohibited from trading.

In the ports and cities where a Consul has not been appointed, a foreign Consul may fulfil the functions, provided that he is not a trader. The local authorities, in the absence of a Consul, shall provide the means of securing to the subjects of the two States the benefits of the present Treaty.

       The Consuls of the High Contracting Parties shall enjoy all the attributes, xemptions, immunities, and privileges conceded to the Consuls of the most favoured nation in each of the two States.

The Consuls shall not uphold the pretens ̊ons of their nationals should they he rexatious or offensive to the authorities and the inhabitants of the locality.

If a Consul conducts himself in a manner offensive to the laws of the country in which he resides, the exequatur may be withdrawn from him, according to the general

custom.

Art. IV.-Brazilian subjects shall be permitted to go into the interior of China and to travel there, provided that they are furnished with a passport, issued, at the request of the Consul, by the Chinese Teotai. This passport, written in the two languages. Portugese and Chinese, must be exhibited upon the demand of the local authorities, and shall be given up on return. No obstacle shall be raised to the hire by the travellers of men, carriages, boats, &c., necessary for the transport of their baggage.

If the traveller be found not to have a regular passport, or if he commit an illegal act, he shall be delivered up to the nearest Consul to be dealt with. The local authorities can, in this case, only arrest ti e traveller, and shall not insult him nor subject him to ill usage.

      Brazilian subjects may go on excursions in the neighbourwood of the open ports, without being furnished with passports, to a distance of a hundred li, and for a period not exceeding five days.

      The above stipulations are not applicable to the crews of ships, who shall be subjected, when on shore, to the regulations established by the Consuls and the local au borities.

      Chinese subjects shall have the liberty of travelling in the whole of the territory of Brazil, as long as they conduct themselves peaceably and do not contravene the aws and regulations of the country.

      Art. Brazilian subjects may travel with their merchandise and trade in all the ports and places in China where subjects of other nations are permitted to trade.

Digitized by

Google

200

TREATY BETWEEN BRAZIL AND CHINA

    Chinese subjects may equally travel and trade in all localities of Brazil, on equal tems with subjects of all other nations.

It is understood that in the event of one of the High Contracting Parties granting, hereafter, with its free consent, to any other nation, advantages subject to special conditions, the other Contracting Party may only profit by those advantages by acceding to the conditions inherent thereto, or to equivalent ones, mutually agreed

upon.

Art. VI.-The subjects and merchant ships of either of the High Contracting Parties, in the open ports of the other, shall be subjected to the commercial regula- tions actually in force for all the other nations, or which may be established in future. The subjects of the Contracting State, shall not pay higher import and export duties than those payable by subjects of the most favoured nation.

Art. VII.-The ships of war of the Contracting States shall be admitted into the ports of the other where it is or shall be permitted to the ships of war of all other nations to repair, and they shall be treated there like those of the most favoured nation. They shall enjoy every facility for the purchase of provisions, coal, &c., as well as for the supply of fresh water, and for tue repains of which they may have need.

Ships of war shall be absolutely exempt from payment of duties either on entering or leaving port.

     The commanders of Braz linn vessels of war in China and the local authorities shall treat each other on the footing of equality.

    Art. VIII.-Merchant ships of each of the two rations may frequent the ports of the other open to trade or which may be hereafter opened, and transport mer- chandise to them. They shall be treated in all respects 1 ke those of all other nations.

Ships of one of the High Contracting Parties, having had accidents at sea, near the cousts of the other, and being obliged to seek a refuge in some port, are to receive from the local authorities all the assistance which it may be in their power to render their. Merchandise salved shall not be subject to any duty unless offered for sale.

may

These ships shall be treated on equal terms with those of other nations which be in similar circumstances.

Art. IX-Brazilians in China, who may have cause of complaint against Chinese, should lay their grievance before the Brazilian Consul, who shall inquire into the merits of the case and exert himself to arrive at an amicable solution.

In like mam er if a Chinese have reason to complain of a Brazilian, in China, the Brazilian Consul shall listen to his complaint and endeavour to come to an amicable solution. If the Consul cannot reconcile them, the case shall be judged, in all equity, only by the authority to which the accused is subject, without consider- ing whether the accuser is Brazilian or Chinese,

Art. X.-Brazilian subjects, in China, who commit any crime against Chineɛə subjects shall be arrested by the consular authorities of Brazil and punished conform- ably to the laws of Brazil, by the authority entrusted with the execution of the laws.

    Chin se subjects guilty of a criminal act towards Brazitim subjects in China, shall be arrested and punished by the Chinese authorities, conformably to Chinese laws.

    In general, every action, civil or criminal, between subjects of the two States, in China, can only be judged conformably to the laws and by the authorities of the nation of the de'endant or accused.

The High Contracting Parties shall not be bound to reimburse the sums stolen or sums due by a subject of one of the States to a subject of the other. In case of theft, proceedings shall be in conformity with the laws of the country to which tho culprit belong, and in the case of deb, the authorities of the country of the debtor shall do all in their power in order that the debtor shall satisfy his engagements.

    If Chinese subjects, in China, principals or accomplices in any crime, take refuge in the residences, warehouses, or merchant ships of Brazilian subjects, the Chinese authorities shall report the fact to the Brazilian Consular authority and the two authorities shall depute agents to effect the arrest of the criminals, who must not be protected or concealed.

Digitized by

Google

TREATY BETWEEN BRAZIL AND CHINA

Art. XI. All questions of right, whether of person or of property, which may arise between Brazilian subjects in China shall be subject to the sole jurisdiction of the Brazilian authorities. Actions between Brazilian subjects and foreigners in China shall be subject to the authorities ouly of their countries.

       If any Chinese be involved in law suits, action shall be taken conformably te the two preceding articles.

       If in future the Chinese Government shall deem fit to establish, in accord with foreign Powers, & Code to regulate the matter of jurisdiction over foreign subjects in China, Brazil shall also take part in the accord.

       Art. XII.-In the case of persons, whatever be their condition, from on board of the ships of one of the High Contracting Parties, in an open port of the other, going on shore, and causing disturbances there, they shall be punished conformably to the usage followed, in such cases, in each of the two countries.

       As regards actions arising from collisions between vessels of the two countries, in the waters of China, such actions shall be heard by the authorities of the defendant, conformably to the regulations about collision in force in all countries.

If the complainant will not conform to the sentence, the authorities upon whom be is dependent may apply officially to the authorities to whom the defendant is subject in order that they may re-hear the suit and pronounce definitely in all equity.

        Art. XIII.-Chinese subjects in Brazil shall have free access to the courts of justice of that country for the defence of th ir just rights.

They shall enjoy, in this respect, the same rights and rivileges as the Brazilians and the subjects of the most favoured nation.

       Art. XIV.-The High Contracting Part es agree to proh bit to the subjects f each of them the importation of opium into the ports of the other open to trade, and the trai sport of opium from port to port, whether for their own account or for the account of subjects or citizens of any other nation, as well in ships belonging to subjects of the High Contracting Parties as in ships belonging to subjects or citizens of a third nation.

The High Contracting Parties further agree to prohibit to their respective subjects the opium trade in the ports of the other open to trade.

he most favoured nation clause cannot be invoked against the provisions of this article.

Art. XI.--This Treaty has been drawn up in three languages, Portuguese, Chinese, and French. Four copies have be n prepared in each of these languages; the versions have been compared and sound to correspond in all points, and to be irẹẹ from errors.

The Portuguese text shall be authoritative in Brazil, and the Chinese in China In case of diver,ence in the interpretations, the French text shall decide.

Art XVI-I in faure the High Contracting Parties desire to make any medifications in this Treaty, they shall have the liberty, a ter the lapse of ten years, dating from the exchange of the ratifications, to open negotiations with this object,

The offic al notification of the modifications which either of the High Contracting Parties may intend to propose shall always be made six months in advance.

If no such modification be made, the Treaty shall remain in force.

       Art. XVIII.-The present Treaty shall be ratified by His Majesty the Emperor of Brazil and by His Majesty the Emperor of China.

The exchange of ratifications shall be made, within the shortest posable time, at Shanghai or at Tientsin; after which the Threaty shall be printed and published in order that the functionaries and subjects of the two Empires may have full know- lede of it and submit themselves to it.

      In faith whereof the respective Plenipotentiaries have signed the present Treaty and have affixed their seals thereto.

      Done at Tientsin this third day of the month of October, in the year of Grace ne thousand eight hundred and eighty-one, corresponding to the eleventh lay of the eighth month of the seventh year of Kwang-sa

Digitized by

Google

PORTUGAL.

PROTC COL, TREATY, CONVENTION, AND AGREEMENT BETWEEN PORTUGAL AND CHINA

PROTOCOL.

Art. 1st.-A Treaty of friendship and commerce with most favoured nation clause will be concluded and signed at Peking.

    Art. 2nd.-China confirms perpetual occupation and government of Macao and its dependencies by Portugal, as any other Portuguese possession.

    Art. 3rd.-Portugal engages never to alicnate Marão at d its dependencies without agreement with China.

Art. 4tb.-Portugal engages to co-operate in opium revenue work at Macao in same way as England in Hongkong.

Dore at Lisbon, the 26th March, 1887.

HENRIQUE DE FARROS GOMES. JAMES DUNCAN CAMPBELL.

THE TREATY.

(Ratifications Exchanged at Peking 28th April, 1888.)

    His Most Faithful Majesty the King of Portugal and the Algarves, and His Imperial Majesty the En peror of China, desiring to draw closer and to consolidate the ties of friendship which have subsisted for more than three hundred years between Portugal and China, and having agreed in Listen on the 26th day of March, 1887, 2nd day of 3rd moou of the 18th year of the reign of the Emperor Kwarg-sü, through their representatives, er a Protocol of four Articles, have now resolved to conclude a Treaty of Amity and Con merce to regulate the relations between the two States; for this end they have appointed as their Plenipotentiaries, that is to say:---

His Most Faithful Majesty the King of Portugal and the Algarves, Thomas de Souza Reza, His Envoy Extraordinary and Minister Plenipotentiary in special mission to the Court of Peking, Knight of the Order of Nossa Senhora de Conceicao de Villa Vicosa, Grand Cross of the Order of the Rising Sun of Japan and of the Crown of Siam, Commander of the Order of Charles III. and of Isabella the Catholic of Spain, and Knight of the Iron Crown of Austria:

    His Imperial Majesty the Emperor of China, His Highness Prince Ching, Pre- sident of the Tsung-li Yamén, and Sun, Minister of the Tsung-li Yamên and Senior Vice-President of the Board of Public Works ;

Who, after having communicated to cach other their respective full powers and found them to be in good and due form, have agreed upon the following Articles :-

Art. I.-There shall continue to exist constant peace ar d amity between His Most Faithful Majesty the King of Portugal and the Algarves and His In perial Majesty the Emperor of China, whose respective subjects shall equally enjoy in the dominions of the High Contracting Parties the most complete and decided protection for their persons and property.

    Art. 11.-China confirms in its entirety the second article of the protocol of Lisbon, relating to the perpetual occupation and government of Macao by Portugal.

It is stipulated that Commissioners appointed by both Governments shall proceed to the delimitation of the boundaries, which shall be determined by a special con- vention; but so long as the delimitation of the boundaries is not concluded, every- thing in respect to them shall continue as at present, without addition, diminution, or alteration by either of the parties.

    Art. III.-Portugal confirms, in its entirety, the third article of the protocol of Lisbon, relating to the engagement never to alienate Macao without previous agree- ment with China.

    Art. IV.-Portugal-agrees to co-operate with China in the collection of duties on opium exported from Macao into China ports, in the same way, and as long is, England co-operates with China in the collection of duties on opium exported trem Hongkong into Chinese ports.

Digitized by Google

TREATY BETWEEN PORTUGAL AND CHINA

108

The basis of this co-operation will be established by a convention appended to th's treaty, which shall be as valid and binding to both the High Contracting Parties as the pres nt treaty.

Art. V. His Most Faithful Majesty the King of Port gal and the Algarves may appoint an Ambassador, Minister, or other diplomatic agent to the Court of His Im perial Majesty the Emperor of China, and this agent, as well as the persons of his suite and the r families, will be permitted, at the option of the Portuguese Govern- ment, to reside permanently in Peking, to visit that Court, or to reside at any other place where such residence is equally accorded to the diplomatic representative of other nations. The Chinese Government may also, if it thinks fit, appoint an Ambassador, Minister, or other diplomatic agent to reside at Lisbon, or to visit that Court when his Government shall order.

Art. VI. The diplomatic agents of Portugal and China shall reciprocally enjoy in the place of their residence all the prerogatives and immunities accorded by the laws of uations; their persons, families, and houses, as well as their correspondence shall be inviolate.

       Art. VII.-The official correspondence addressed by Portuguese authorities to the Chinese authorities shall be written in the Portuguese language accompanied by a translation in Chinese, and each nation shall regard as authoritative the document written in its own language.

       Art. VIII.-The form of correspondence between the Portuguese and the Chi nese authorities will be regulated by their respective rank and position, based upon complete reciprocity. Between the high Portuguese and Ch nese functionaries at the capital or elsewhere, such correspondence will take the form of dispatch (Chu-hoei); between the subordinate functionaries of Portugal and the chief authorities of the provinces, the former shall make use of the form of exposition (Xen-chen) and the latter that of declaration (Cha-hsing); and the subordinate officers of both nations shall correspond together on terms of perfect equality. Merchants and generally all others who are not invested with an official character shall adopt, in addressing the authorities, the form of representation or petition (Pin-ching).

Art. IX. His Most Faithini Majesty the King of Portugal and the Algarves may appoint Consuls-general, Consuls, Vice-consuls, or Consular agents in the ports other places where it is allowed to other nations to have them. These functionaries

will have powers and attributes similar to those of the Consuls of other nations, and will enjoy all the exemptions, privileges, and immunities which at any time the

nalar functiouaries of the most favoured nation may enjoy.

        The Consuls and the local authorities will show to each other reciprocal civilities and correspond with each other on terms of perfect equality.

       The Consuls and acting Consuls will rank with Tao-tais, Vice-Consuls, acting Vice-Consul, Consular agents and interpreters-translators, with Prefects. 'The Consuls must be officials of the Portuguese Government and not merchants. The Chinese Government will make no objection in case the Portuguese Government should deem it unnecessary to appoint an official Consul at any port and choose to entrust a Consul o. some other nation, for the time being, with the duties of Portu-

28e Consul at that port.

Art. X.-All the immuuities an privileges, as well as all the advantages con- sern ng commerce and navigation, such as any reduction in the duties of navigation, portation, exportation, transit or any other, which may have been or may be here- ilter granted by China to any other State or to its subjects, will be mediately tended to Portugal and its subjects. If any concession is granted by the Chinese Government to any foreign Government under special conditions, Portugal, on claim- ng the same concession for herself and for her own subjects, will equally assent to the conditions attached to it.

Art XI.-Portuguese subjects are allowed to reside at, or frequent, the ports of opened to foreign commerce and there carry on trade or employ themselves ily. Their boate may navigate without hindrance between the ports open to foreign

Digitized by

Google

106

TREATY BETWEEN POETUGAL AND CHINA

domnierce, and they ma imports d ex ort ther mechandise, enjoying all the rights. and pr vileges enjoyed by the subjects of the most favoured nat on.

    Art. XII.-Portuguese subjecte shall pay import and exort duties on all mer- chandi-e according to the rates si ecified in the tariff of 1858, adopted for all the other bat ons; and in no instance shall higher duties be exacted from then than those | aid by the subjects of any other foreign nation.

    Art. XIII.-P ringuese subjects are permitted to hire any descri tion of boats they may require for the converance of cargo or passengers, and the price of said hire will be fixed by the contracting parties alone, without interference of the Chinese Government. No limit shall be put to the number of boats, neither will it be per- mitted to any one to establish a monopoly of such boats or of the service of coolies employed in the carr age of merchandise.

    Should contraband articles be on board any such boats, the guilty parties shall immediately be | unished according to law.

    Art. XIV.-Portuguese subjects residing in the open ports may take into their service Chinese subjects, and employ them in any lawful capacity in China, without restraint or hindrance from the Chinese Government; but shall not engage them foa foreign countries in contravention of the laws of China.

    Art. XV.-The Chinese authorities are bound to grant the fullest |rotection to the persons and to the property of Portuguese subjects in China, whenever they may be exposed to insult or wrong. In case of robbery or incend ar sm, the local autho- rities will immediately take the necessary measures to recover the stolen property, to terminate the disorder, to seize the guilty, and punish them according to the law. Similar Irotection will be given by Portuguese authorities to Chinese subjects in the Jossession of Portugal.

    Art. XVI.-Whenever a Portuguese subject intends to build or open houses, shoj s or warehouses, churches, hospitals, or cemeteris, at the Treaty ports, or at other places, the purchase, rent, or lease of these | roperties shall be made out accor- ing to the current terms of the place, with equity, without exaction on either side, without offending against the usages of the eo, le, and after due notice given by the proprietors to the local authority. It is understood, however, ti at the shops or ware- houses above mentioned shall only be allowed at the ports open to trade, and not in any ↑ lace in the interior.

Art. XVII.-Portuguese subjects conveying merchandise between open ports shall be required to take certificates from the Superintendent of the Customs-house, such as are" 8) ecified in the regulations in force with refererce to other nationalities. But Portuguese subjects. who, without carr ing merchandise, would like to go to the interior of China, must have pass orts issued by their Consuls and counter- nigred by the local authorities. The earer of the port must produce the same when demanded, and the pars; ert not being irregular, he will be al owed to proceed and co o sotition shall be offered, especially to his hiring persons or vessels for the cartinge of his bagg ge or merchandise.

    li he be without a inɛs ort, or if he commits an offence against the law, be #hall be handed over to the nearest Consul of Forngal to be punished, but he must not le subjected to an oppressive measure. No passport need be applied for by perkons gig on xurs ns from the ports open to trade to a distance not exceeding 100 li a. d for " period not exceedin g five day 18.

    The provisions of this article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the Consul and the local authorities.

    Art. XVIII.-In the event of a l'ortugueɛo merchant vessel being | lundered by pirates or thieves within Chinese waters, the Chinese authorities are to employ their utmost exerti na to seize and punish the suid robbers and to recover the stolen goods, which, through the Consul, shall be restored to whom they belong.

    Art. XIX.-If a Portuguese ves-o! be shi wr. cked on the coast of China, or be com) ell, d to take refug in any of the ports of the Empire, the Chinese authorities, on receiving notice of the fact, shall provide the necesary protection, affording

Digitized by

Google

TREATY Between poRTUGAL AND CHINA

105

prompt assistanc› and kind trə atın ənt to the crɔwɔ and, if necessary, furnishing them the mans to reach the nearest Cɔnsulate.

Art. XX. ·Portugues · merch int vessels of more than one hundrəd and fifty- tons burden will pay tonnage dues at the rate of four mace parton; if of one hundred and fifty tons and under they shall be charged at the rate of one mace per ton. The Superintendent of Customs shall grant a certificate declaring that the tonuage dues have been paid.

       Art. XXI.-Import duties shall be paid on the landing of goods; and export duties upon the shipment of the saine.

       Art. XXII-The saptain of a Portuguese ship may, when he deems convenient, land only a part of his cargo at one of the open port, paying the duties due on the portion landed, the duties on the remainder not being payable until they are landed at some other pɔrt.

        Art. XXII.-The master of a Portugues3 ship has the option, within for y, eight hours of his arrival at any of the open ports of China, but not hater, to diɖo whe her he will leave port with out opening the hatches, and in such ca39 he will nɔt have to pay tonnage dues. He is bound, however, to give notice of his arrival for the legal registering as soon as he comes into port, under penalty of being find in case of non compliance within the term of two days.

       The ship will be subject to tonnage duзs forty-eight hours after her arrival in port, but neither then nor at her departure shall any other impɔst whatsoever be exacted.

Art. XXIV.-All small vessels employed by Portuguese subjects in carrying passengers, baggage, letters, provisions or any other cargo which is free of duty, between the open ports of China, shall be free from tonuage dues; but all such vessels carrying merchandise subject to duty shall pay tonnage dues every four months of the rate of one mace per ton.

       Art. XXV.-Portuguese merchant vessels approaching any of the open ports will be at liberty to take a pilot to reach the harbour; and likewise to take a pilot to leave it, in case the said ship shall have paid all the duties due by her.

Art. XXVI.-Whenever a Portuguese merchant ship shall arrive at any of the open ports of Chin, the Superintendent of Customs will send off one or more Custom-house officers, who may stay on board of their boat or on board of the ship, as best suits their convenience. These officers will get their food and all necessarios from the Custom-house, and will not be allowed to accept any fee from the captain of the ship or from the consignee, being liable to a penalty proportionate to the amount received by them.

Art. XXVII. Twenty-four hours after the arrival of a Portuguese merchan ship at any of the open ports, the papers of the ship, manifest, and other documents, shall be handed over to the Consul, whose duty it will be also to report to the Superintendent of Customs within twenty-four hours, the name, the registered tonnage, and the cargo brought by the said vessel. If, through negligence or for any other motive, this stipulation be not complied with within forty-eight hours after the arrival of the ship, the captain shall be subject to a fise of fifty taels for each day's delay over and above that period, but the total amount of the fine shall not exceed two hundred taels.

The captain of the ship is responsible for the correctness of the manifest, in which the cargo shall be minutely and truthfully described, subject to a fine of five hundred taels as penalty in case the manifest should be found incorrect. This fine, however, will not be incurred if, within twenty-four hours after the d-livery of the manifest to the Custom-house officers, the captain expressed the wish to rectify any error which may have b en discovered in the said manifest.

      Art. XXVIII.---'l'he Superintendent of Custo us will permit the discharging of the ship as soon as he shall have received from the Consul the report drawn in due form. If the captain of the ship should take upo: himself to commence di-charging without permission, he shall be fined five hundred taule, and the goods so discharged shall be confiscated.

Digitized by

Google

106

TREATY BETWEEN PORTUGAL AND CHINA

Art. XXIX-Portuguese merchants having goods to ship or to land will have. to obtain a special permission from the Superintendent of Customs to that effect, without which all go da shipped or landed shall be liable to confiscation.

Art. XXX.-No transhipment of goods is allowed from ship to ship without special permission, urder penalty of confiscation of all the goods so transhipped.

Art. XXXI.-When a ship shall have paid all her duties, the Superintendent of Customs will grant her a certificate and the Consul will return the papers, in order that she may proceed on her voyage.

     Art. XXXII.-When any doubt may arise as to the value of goods which by the tariff are liable to an ad valorem duty, and the Portuguese merchant disagrees with the Custom-house officers as regards the value of said goods, both, parties will call two or three merchants to examine them, and the highest offer made by any of the said merchants to buy the goods will be considered as their just value,

Art. XXXIII.-Duties will be paid on the net weight of every kind of merchandise. Should there be any difference of opinion between the Portuguese merchant and the Custom-house officer as to the mide by which the tare is to be fixed, each party will choose a certain number of boxes or tales ficm among every hundred packages of the goods in question, takirg the gross weight of said packages, then the tare of ear h of the packages separately, and the average tare resulting therefrom will be adopted for the whole parcel.

In case of any doubt or dis på te not mentioned her in, the Portuguese merchant may appeal to the Consul, who will refer the case to the zuperintendent of Customs; this officer will act in such a manter as to settle the question amicably. The appeal, however, will only be entertained if made within the term of twenty-four hours; and in such a case, no entry is to be made in the Custom-house books in relation to the said goods until the question shall have been settled.

    Art. XXXIV.-Damaged goods will pay a reduced duty proportionate to their deterioration; any doubt on this point will be solved in the way indicated in the clause of this Treaty with respect to duties payable on merchandise ad valorem.

     Art. XXXV.--Any Portuguese merchant who, having imported foreign goods into one of the open ports of China and paid the proper duties thereon, may wish to re-export them to another of the said ports, will have to send to the Superintendent of Customs an account of tl em, who, to avoid fraud, will direct his officers to examine whether or not the duties have been paid, whether the same have been entered on the books of the Customs, whether they retain their original marks, and whether the en- tries agree with the account sent in. Should everything be found correct, the same will be stated in the export permit together with the total amount of duties paid, and all these particulars will be con municated to the Custom-house officers at other ports.

Upon arrival of the ship at the port to which the goods are carried, permission will be granted to land without any new payment of duties whatsoever if, upon examination, they are found to be the identical goods; but if during the ex- amination any fraud be detected, tl e goods may be confiscated by the Chinese Govern-

ment.

Should any Portuguese merchant wish to re-export to a foreign country any goods imported, and upon which duties have been already paid, he will have to make his application in the same form as required for the re-exportation of goods to an other port in China, in which case a certificate of drawback or of restitution of duties will be granted, which will be accepted by any of the Chinese Custom houses in pay- ment of import or export duties.

Foreign cereals imported by Portuguese ships into the ports of China may be re-exported without hindrance, if no portion of them has been discharged.

Art. XXXVI.-The Chinese authorities will adopt at the ports the u'casues which

they may deem the most convenient to avoid fraud or smuggling.

Art. XXXVII.-The proceeds of fines and confiscations inflicted on Portuguese subjects, in conformity to this Treaty, shall belong exclusively to the Chinese Government.

Digitized by

Google

TREATY BETWEEN PORTUGAL AND CHINA

107

       Art. XXXVIII.-Portuguese subjects carrying goods to a market in the interior of the country, on which the lawful import duties have already been paid at any of the open ports, or those who bay native produce in the interior to bring to the ports on the Yang-taze-kiang, or to send to foreign ports, shall follow the regulations adopted towards the other nations.

       Custom-house officers who do not comply with the regulations, or who may exact more duties than are due, shill be punished according to the Chinese law.

        Art. XXXIX.-The Consuls and local authorities shall consult together, when necessary, as to the construction of Light-houses and the placing of Buoys and Light- ships.

        Art. XL.-Duties shall be paid to the bankers authorized by the Chinese Govern- ment to receive them in sycee or in ¡ore'gu coin, according to the official assay made at Canton on the 15th July, 1843.

       Art. XLI.-In order to secure the regularity of weights and measures and to avoid confusion, the Superintendent of Customs will hand over to the Portuguese Consul at each of the open ports standards similar to those given by the Treasury Department for collection of public dues at the Customs at Canton,

        Art. XLII.-Portuguese merchant ships may resort only to those ports of Chin which are declared open to commerce. It is forbidden to them, except in the case of force majeure provided for in Article XIX, to enter into other ports, or to carr on a clandestine trade on the coast of China, a id the transgress r of this or ler shaff be subject to confiscation of his ship and cargo by the Chinese Government.

       Art. XLIII.-All Portuguese vessels despatched from one of the open por's of China to another, or to Macao, are entitled to a certificate of the C istom-house, which will exempt them from paying new tonuage dues, during the period of four months reckoned from the date of clearance.

       Art. XLIV.-If any Portuguese merchant ship is found smuggling, the goods snuggled, no matter of what nature or value, will b3 subject to confiscation by the Chinese authorities, who may sent the ships away from the port, after settlement of all her accounts, and prohibit her to continue to trade.

       Art. XLV. As regards the delivery of Portuguese and Cainese criminals, with the exception of the Chinese crimmals who take refuge in Micao, an for whose extradition the Governor of Macao will continue to follow the existing practice, after the receipt of a due requisition from the Viceroy of the Kwangs, it is agreed that, in the Chinese ports open to foreign trale, the Chinese criminals who take refuge at the houses or on boar! ships of Portuguese subjects, shall be arrestei and delivered to the Chinese authorities on their applying to the Portuguese Consul; and likewise the Portuguese criminals who take refuge in China shall be arrosted and delivered to the Portuguese au horities on their applying to the Chinese authorities; and by neither of the parties shall the criminals be harboured nor s'in!l there be delay in delivering them.

>

Art. XLVI.-It is agreed that either of the High Contracting Parties to this Treaty may demand a revision of the Tariff, and of the comm reial articles of this Treaty, at the end of ten years; but if no demand be mid on either side within six months after the end of the first ten years, then the tariff shali rem in in force for ten years more, reckoned from the en í of the preceding ten years; and so it shall be, at the end of each successive ten years.

      Art. XLVII.-All disputes arising between Portuguese subjects in China, with regard to rights, either of property or person, shall be submitted to the jurisdiction of the Portuguese authorities.

       Art. XLVIII-Whuever Chinese subjects becom: guilty of any criminal act towards Portuguese subjects, the Portugu se authorities must report such as to the Chinese authorities in order that the guilty be tried according to the laws of China.

If Portuguese subjects become guilty of any criminal act towards Chinese subjects, the Chinese authorities must report such acts to the Portuguese Consul in order that the guilty may be tried according to the laws of Portugaꞌ.

Digitized by

Google

100

TREATY BETWEEN PORTUGAL AND CHINA

Art. XLIX.-If any Chinese subject shall have Lecome indebte ) to a Portuguese subject and withholds payment, or fraudulently absconds from his creditors, the Chinese authorities shall use all their efforts to apprehend him and to compel him to par, the debt being previously proved and the possibility of its payment ascertained. The Portuguese authorities will likewise use their efforts to enforce the payment of any debt due by any Portuguese subject to a Chinese subject.

But in no case will the Portuguese Government or the Chinese Government be considered responsible for the debts of their subjects.

     Art. L-Whenever any Portugu se subject shall have to petition the Chinese Authority of a district, he is to submit his statement beforehand to the Consul, who will cause the same to be forwarded should be see no impropriety in so doing, otherwise he will have it written out in other terms, or decline to forward it. Tikewise, when a Chinese subject shall have occasion to petition the Portuguese Consul he will only be allowed to do so through the Chinese authority, who shall proceed in the same manuer.

     Art. LI.-Portuguese subjects who may have any complaint or claim against any Chinese subject, shall lay the same before the Consul, who will take due cognizance of the case and will use all his efforts to settle it amicably. Likewise, when a Chinese subject shall have occasion to complain of a Portuguese subject, the Consul will listen to his complaint and will do what he possibly can to re-establish harmony between the two parties.

If, however, the dispute be of such a nature that it cannot be settled in that conciliatory way, the Portuguese Consul and Chinese authorities will hold a joint investigation of the case, and decide it with equity, applying each the laws of his own country a cording to the ntionality of the defendant.

     Art. LII.-The Catholic religion has for its essential object the leading of men to virtue. Persons teaching it and professing it shall alike be entitled to efficacious protection from the Chinese authorities; nor shall such persons pursuing peaceably their calling and not offending against the laws be prosecuted or interfered with.

Art. LIII.-In order to prevent for the future any discussion, and considering that the English language, among all foreign languages, is the most generally known in China, this Treaty, with the Convention appended to it, is written in Por- tuguese, Chinese, and English, and signed in six copies, two in each language. All these versions have the same sense and meaning, but if there should happen to be any divergence in the interpretation of the Portuguese and Chinese versions, the English text will be made use of to resolve the doubts that may have arisen.

Art. LIV.-The present Treaty, with the Convention appended to it, shall be ratified by His Most Faithful Majesty the King of Portugal and the Algarves and His Imperial Majesty the Emperor of China. The exchange of the ratifications shall be made, within the shortest possible time, at Tientsin, after which the Treaty, with the Convention appended, shall be printed and published in order that the functionaries and subjects of the two countries may have full knowledge of their stipulations and may fulfil them.

In faith whereof, the respective Plenipotentiaries have signed the present Treaty and have affixed their seals thereto.

     Done in Peking, this first day of the month of December in the year of Our Lord Jesus Christ one thousand eight handred and eighty-seven, corresponding with the Chinese date the 17th day of 10th moon of 18th year of Kwang-Sü.

[L.8.] (Signed) [Chinese Scal]

Signatures of the Chinese Plenipotentiaries.

THOMAS dɛ SOUZA ROZA.

CONVENTION

Prince CH'ING.

SUN-IU-UEN.

     It having been stipulated in the Art. IV. of the Treaty of Amity and Commerce, concluded between Portugal and China on the 1st day of be month of December,

Digitized by

Google

TREATY BETWEEN PORTUGAL AND CHINA.

109

1887, that a Convention shall be arranged between the two High Contracting Parties in order to establish a basis of co-operation in collecting the revenue on opium ex- ported from Macao to Chines⋅ ports, the undersigned Thomas de Souza Roza, Envoy Extraordinary and Minister Plenipotentiary of His Most Faithful Majesty the King of Portugal and the Algarves, in special mission to the Court of Peking, and His Highness the Prince Ching, Presi·lent of the Tsung-li Yamen, and Sun, Minister of the Tsung-li Yamen and Senior Vice-President of the Board of Public Works, Mi- nisters Plenipotentiaries of His Imperial Majesty the Empero of China, have agreed on the following Convention in three articles:-

        Art. I.-Portugal will enact a law su jecting the opium trade of Macno to the following provisions:-

1.-No opium shall be imported into Macao in quantities less than one chest. 2.-All opium imported into Macao must, forthwith on arrival, be reported to the competent department under a public functionary appointed by the Portuguese Government, to superintend the importation and exportation of opium in Macao.

3.-No opium imported into Macao shall be transhipped, landed, stored, removed from one store to another, or exported, without a permit issued by the Superintendent. 4. The importers and exporters of opium in Macao must keep a register, accord- ing to the form furnished by the Government, show.ng with exactness and clearness the quantity of opium they have imported, the number of chests they have sold, to whom and to what place they were disposed of, and the quantity in stock.

5. Only the Macan opium fara.er, and persons licensed to sell opium at retail, will be permitted to keep in their custody raw opium in quantities inferior to one cbest. 6.- Regulations framed to enforce in Macao the execution of this law will be equivalent to those adopted in Hongkong for similar purpose.

        Art. II.-Permits for the exportation of opium from Macao into Chinese ports, after being issued, shall be communicated by the Superintendent of Oium to the Commissioner of Customs at Kung-pac-uan.

       Art. III-By mutual consent of both the High Contracting Parties the stipula- tions of this Convention may be altered at any time.

In faith whereof the respective Plenipotentiaries have signed and sealed this Convention.

       Done in Peking this first day of December in the year of Our Lord Jesus Christ one thousand eight hundre an eighty seven, corresponding with the Chinese date the 17 h day of 10th moon of the 13th year of Kwang-Sü.

[L.8.] (Signed) [Chinese Seal]

THOMAS DE SOUZA ROZA.

Signature of the Chinese Plenipotentiaries.

AGREEMENT.

Prince CH'ING.

SUN-IU-UEN.

       The basis of the co-operation to be given to China by Portugal in the collection of duties on opium conveyed from Macao to Chinese ports, having been fixed by Convention appended to the T. eaty of Amity and Commerce, concluded between China and Portugal on the 1st December, 1887, and it being now convenient to come to an unders anding upon some points relat ng to the sad co-operation as well as to fx rules for the treatment of Chinese junks trading with Macao, Bernardo Pinheiro Correa de Mello, Secretary of the Special Mission of His Most Faithfu! Majesty in Peking, duly authorized by H & Ex ellency Thomas de Sonza Roz1, Chief of the said Mission, and Sir Robert Hart, K.C. M G., Inspector-General of the Chi ese Imperial Maritime Cus oms, provided with the Lecessary instructions from the Chinese Government, have agreed on the following:

N

1.-Au office under a Commissioner, appointed by the Foreign Inspectorate of the Chinese Imperial Maritime Customs, shall be established at a convenient spot on Chinese territory, for the sale of opium duty certificates, to be freely sold to merchants,

Digitized by

Google

t

110

TREATY BETWEEN PORTUGAL AND CHINA.

and for such quantities of opium as they may require. The said Commissioner will also administer the Customs stations near Macao.

2.-Opium accompanied by such certificates, at the rate of not more than 110 Taels per picul, shall be free from all other imposts of every sort, and have all the benefits stipulated for by the Additional Article of the Chefoo Convention between China and Great Britain on behalf of opium on which duty has been paid at one of the ports of China, and may be made up in sealed parcels at the option of the purchaser. 3.-The Commissioner of Custom responsible for the management of the Customs stations shall investigate and settle any complaint made by Chinese merchants of Macao against the Customs stations or revenue cruisers.

Tho Governor of Macao, if he deems it advisable, shall be entitled to send an officer of Macao to be present and assist in the investigation and decision. If, how- ever, they do not agree a reference may be made to the Authorities at Peking for a joint decision.

4.-Junks trading between Chinese ports and Macao, and their cargoes, shall not be subject to any dues or duties in excess of those leviable on junks and their cargoes trading between Chinese ports and Hongkong, and no dues whatsoever shall be de- manded from junks proceeding to Macao from ports of China, or coming from Macao to po ts in China, over anl above the dues paid, or payable, at the ports of clearance or destination. Chinese produce which has paid Customs' duti s and Likin tax before entering Macao may be re-exported from Macao to Chinese ports without paying Customs duties and Likin tax again, and will be only subject to the payment of the tax named Siao-hao.

In witness whereof, this agreement has been written in Portuguese and English and signed in duplicate at Peking this the first day of December, 1887.

(Signed) BERNARDO PINHEIRO CORREA DE MELLO.

Secretary of the Special Mission of His Most Faithful Majesty. (Signed) SIR ROBERT HART,

Inspector-General of Chinese Imperial Maritime Customs.

JAPAN

TEATY OF PEACE, COMMERCE AND NAVIGATION BETWEEN THE EMPIRES OF CHINA AND JAPAN

SIGNED, IN THE CHINESE And Japanese LANGUAGES, AT TIENTSIN, 13th SEPTEMBER, 1871

Ratified by the Emperor of China, September, 1871

Ratified by the Mikado of Japan with modifications,* 1st November, 1871

    The Empire of China and the Empire of Japan having been on terms of friend- ship for a long period of years, tow desire by common action to cement their ancient relations, and to make the intercourse subsisting between the two countries more close.

To this end Li, by Imperial appointment, Minister Plenipotentiary of the Empire of China for the management of commercial affairs, Senior Guardian of the Heir Apparent, Assistant Grand Secretary, President of the Board of War, Governor- General of the Frovince of Chih-li, and invested with the first degree of the third order of nobility; and Ita, Minister Plenipotentiary of the Empire of Japan, &c., &c., each acting in ol edience to the Decrees of their respective Sovereigns, have couferred

* Son Articles II, and XI. It was also stipulated, on ratification of the Treaty by the Mikado of Japan, that its commercial clauses should be hel¦ subject to modification on suy future revision of the Treaties between Japan and the European Powers,

Digitized by

Google

TREATY BETWEEN CHINA AND JAPAN

111

      together, and have agreed to articles for the reconstruction of relations, to the end that they may be observed with good faith on both sides in perpetuity.

The Articles agreed upon are as follow:

Art. I.-Relations of amity shall henceforth be maintained in redoubled force between China and Japan, in measure as boundless as the heaven and the earth. In all that regards the territorial possessions of either country the two Governments shall treat each the other with proper courtesy, without the slightest infringement or encroachment on either side, to the end that there may be for evermore peace between them undisturbed.

Art. II-Friendly intercourse thus existing between the two Governments, it is the duty of each to sympathise with the other, and in the event of any other nation acting unjustly or treating either of the two Powers with contempt, ou notice being giren [by the one to the other], mutual assistance shall be rendered, or mediation offered for the arrangement of the difficulty, in fulfilment of the duty imposed by relations of friendship.

Art. III. -The system of Government and the penal enactments of the two Governments being different from each other, each shall be allowed to act in entire independence. There shall be no interference offered, nor shall requests for innova- tions be obtruded. Each shall aid the other in enforcement of laws, nor shall either allow its subjects to entice the people of the other country to commit acts in riolation of the laws.

       Art. IV.-It will be competent for either Government to send Ministers Pleni- potentiary, with their families and suites, to reside in the capital of the other, either permanently or from time to time. Their travelling expenses, as they pass through the country, will be defrayed by themselves. In the matter of their hiring ground or buildings to serve as legations, of the passage of their baggage to and fro, of the conveyance of their correspondence by special couriers, and the like, due assistance

shall be rendered on either side.

Art. V.-Although the functionaries of the two Governments have fixed grades, the nature of the offices conferred are different on either side. Officers of equivalent rank will meet and correspond with each other on a footing of equality. When an officer visits a superior, the intercourse between them will be such as is prescribed by the rites of hospitality. For the transaction of public business, the officials of the two countries will address communications to officers of their own rank, who will report in turn to their superiors. They will not address the superior officer directly. In visits, cards with the official title of the visitor shall be sent on either side. All officials sent on the part of either Government to the other shall present for ins; ction a letter bearing an official stamp, in order to guard against false personation.

Art. VI. In official correspondence, China will use the Chinese language, and Japan will either use the Japanese language accompanied by a Chinese version, or a Chinese version alone, as may be found on her side preferable.

      Art. VII-Friendly intercourse having been established between the two Governments, it will behove them both to appoint certain ports on the seaboard which their merchants will be authorized to frequent for purposes of trade, and to lay down separately regulations of trade, that their respective mercantile communities may abide by in perpetuity.

      Art. VIII.-At the ports appointed in the territory of either Government, it will be competent for the other to station Consuls for the control of its own merchant community. All suits in which they (the Consul's nationals) are the only parties, the matter in dispute being money or property, it will fall to the Consul to adjudicate according to the law of his own state. In mixed suits, the plaint having been laid before the Consul, he will endeavour, in the first instance. to prevent litigation by friendly counsel. If this be not possible, he will write officially to the local authority, and in concert with him will fairly try the case and decide it. When acts of theft or

* This Article was excluded from ratification by the Mikado of Japan, on the ground of its being unnecessary, al needful obligations in respect of the matter to which it relates being embraced within the ordinary provisions of international law.

Digitized by

Google

112

TREATY BETWEEN CHINA AND JAPAN

robbery are committed, and where d· btors abscond, the authorities can do no more than make search or and apprehend the guilty parties. They shall not be held liable to make compensati..n.

Art. IX.-Ar any of the ports appointed, at which no Consul shall have been station d, the control and care of the traders resorting thither shall devolve on the local authorities. In case of the commission of any act of crime, the guilty party shall be apprehended, and the particulars of his ffence communicated to te Consul at tie nearest part, by whom he shall be tried and punished according to law.

     Art. X.-At the ports named in either country, the officials and people of the other al all be at liberty to engage natives for service, or as artisaus, or to attend to commercial business The persons so engaged shall be kept in order by the person so engaging them, who hall not allow them to perpetrate acts of frand under any pretext. Still less shall he give rise to cause of complaint by giving ear to statements advanced from ilicit motives. In the ca e of any offence being committed by any person employed in the manner above mentioned, the local authority shall be at liberty to apprehend and punish the delinquent. The employer shall not favour or protect him.

     Art. XI.-Whereas it is the duty of the subjects of either Power residing at the ports declared open in either country to live on friendly terms with the nat ve inha- bitants, it is provided that they shall not be allowed to wear arms. Infraction of this rule will be punishable by a fine, accompanied by the confiscation of the armis." Residents as aforesaid shall attend peaceably to their own avocations, and whether residing permanently or for the time being at a port, they shall submit to the autho- rity of their Consul." They shall not be allowed to adopt the costume of the country in which they may reside nor to obtain local registration and compete at the literary examinations, lest disorder and confusiou be produced.

     Art. XII.-If anr subject of either Power having violated the law of his own country, secrete himself in an official building, merchant vessel, or warehouse of the other state, or escape to any place in the territory of the other, on official application being made by the authority of the state of which such offender is a subject to the authority of the other, the latter shall immediately take steps for the arrest of the offender, without show of favour. Whilst in custody, he shall be provided with food and clothing, and shall not be subjected to ill usage.

Art. XIII.-If any subject of either Power connect himself at any of the open ports with lawless offenders for purposes of robery or other wrong doing, or if any work his way into the interior and commit acts of incendiarism, murder, or robbery, active measures for his apprehension shall be taken by the proper authority, and motice shall at the same time be given without delay to the Consul of the offender's nationality. Any offender who shall venture, with weapons of a murderous nature, to resist capture, may be slain in the act without farther consequence; but the circumstances which have led to his life being thus taken shall be investigated at an at quest which will be held by the Consul and the local authority together. In the event of the occurrence taking place in the interior, so far from the port that the Consul cannot arrive in time for the inquest, the local authority shall communicate a report of the facts of the case to the Consul.

     When arrested and brought up for trial, the offender, if at a port, shall be tried by the local authority and the Consul together. In the interior he shall be tried and dealt with by the local authority, who will officially communicate the facts of the

ase to the Consul.

If subjects of either Power shall assemble to the number of ten or more to foment disorder and commit excesses in the dominions of the other, or shall induce subjects of the other therein to conspire with them for the doing of injury to the other Power, the authorities of the latter shall be free at once to arrest them. If at a port, their Consul shall be informed, in order that he may take part in their trial. If in the interior, the local authority shall duly try them, and shall officially com-

Ratification of these clauses, relating to the wearing of arms, refused by the Mikado of Japan.

Digitized by Google

TREATY BETWEEN CHINA AND JAPAN

118

municate particulars to the Consul. In either case capital punishment shall be in- fited at the s‹ene of commission of the offence.

Art. XIV.-Vessels of war of either lower shall be at liberty to frequent the ports of the other for the protection of the subjects of their own country, but they shall in no case enter prts not declared open by treaty, nor rivers, lakes, and streams in the int rior. Any vessels infringing this rule shall be placed under embarg› and The stipulation shall not, however, apply to vessel, driven into port by stress

of weather.

        Art. XV.-If either State of the two should be involved in war with any other Power, measures for the defence of the coast being thr bv entailed, on notice being given, tra le shall be suspended for the time being, together with the entry and departure of ships, lest injury befall them. Japanese subjects ordinarily established in the appointed ports of China, or being in th: seas adjoining China, and Chinese gbjects ordinarily estaʻlished at the opeú ports of Japan or being in the seas adjoining thereunt, shall note permitted to engage in collisions with subjects of a bostile power, or to attack aud plunder them.

Art. XVI.-No Con-ul of either Power sha'l be allowed to tride, or to act as Consul for a Power not in Treaty relations with the other. In the case of any Consul so acting as to ren ler himself generally unacceptable, on substantial proof to this effect be.ng produced, it shall be competent for the Government interested to communicate officially with the Minister Plenipotentiar, who, when he shall have ascertained the trutlı, shall remove the Consul, in order that the friendly relations of the two Governments may not suff r detriment through the misconduct of a single individual.

Art. XVII.-The flags carried by the vessels of either country are of a fixed design. If a vessel of either having falsely assumed the colours of the other, shall do that which is contrary to law, the vessel and goods shall be confiscated, and if it appear that the false colours were given by an official, he shall be denounced and removed from bis post.

The subjects of either country shall be at liberty to purchase the books of the other, if desirous of studying its literature.

Art. XVIII.-The foregoing articles are agreed to by the two contracting Powers in order to the prevention of misunderstandings, to the end that perfect confidence and improved relations may subsist between them. In testimony whereof the Ministers Plenipotentiary of the two contracting. Powers do now accordingly sign and affix their seals hereto. So soon as the present Treaty shall have been ratified by their respective Sovereigas, and ratified copies of it exchanged, it shall be printed and published, and circulated throughout the dominions of either Power, for the information of the subjects of both countries, to the end that there may be a good understanding between them evermore.

      Dated the 29th day of the 7th moon of the 10th year of Tung Chi, correspond- ing to the 4th year of Mei Ji according to the Japanese reckoning (September 13th, 1971).

[L.8.] (L.8.

(Signed)

LI HUNG.CHANG. ITA.

Digitized by

Google

TREATIES WITH COREA

GREAT BRITAIN

TREATY BETWEEN GREAT BRITAIN AND COREA

SIGNED, IN THe English and CHINESE Languages, at Hanyang (SEOUL) ON THE 26TH.NOVEMBER, 1883

Ratifications exchanged at Hanyang on the 28th April, 1884

    Her Majesty the Queen of the United Kingdom of Great B itain and Ireland- Empress of India, and His Majesty the King of Corea, being sincerely desirous of establishing permanent relations of Friendship and Commerce between their res, pective dominions, have resolved to conclude a Treaty for that purpose, and have therefore named as their Plenipotentiaries, that is to say:

    Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Harry Smith Parkes, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Knight Commander of the Most Honourable Order of The Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of China;

    His Majesty the King of Corea, Min Yong-mok. President of His Majesty's Foreign Office, a Dignitary of the First Rank, Senior Vice President of the Council of State, Member of His Maiesty's Privy Council, Junior Guardian of the Crown Prince;

Who, after having communicated to each other their resective full rowers, found in good and due forin, have agreed upon and concluded the following Articles:-

    Art. I.-There shall be perpetual peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, her heirs and successors, and His Majesty the King of Corea, his heirs and succes- sors, and between their respective dominions and subjects, who shall enjoy full security and protections for their persons and property within the dominions of the other.

+

2.-In case of difference arising between one of the High Contracting Parties and a third Power, the other High Contracting Party, if requested to do so, shall exert its good offices to bring about an amicable arrangement.

    Art. II-The High Contracting Parties may each appoint a Diplomatic Re- presetative to reside permanently or temporarily at the Capital of the other, and may appoint a Consul-General, Consuls or Vice-Consuls, to reside at any or all of the ports or places of the other which are open to foreign commerce. 'The Diplo- matic Repr. sentatives and Consular functionaries of both countries shall freely enjoy the same facilities for communication personally or in writing with the Authorities of the country where they respectively reside, together with all other privileges and immunities, as are enjoyed by Diplomatic or Consular functionaries in other

countries.

    2. The D'plomatic Representative and the Consular functionaries of each Power and the members of their official establishments shall have the right to travel freely in any part of the dominions of the other, and the Corean Authorities shall furnish passports to such British officers travelling in Cores, and shall provide such esort for their protection as may be necessary.

Digitized by

Google

TREATY BETWEEN GREAT BRITAIN AND COREA

115

         3. The Consular officers of both countries shall exercise their functions on receipt of due authorisation from the Sovereign or Government of the country in which they respectively reside, and shall not be permitted to engage in trade.

Art. III.Jurisdiction over the persons and property of British subjects in Curea shall be vested exclusively in the duly authorised British Judicial Authorities, who shall hear and determine all cases brought against British subjects by any British or other foreign subject or citizen without the intervention of the Corean Authorities.

       2.-If the Corean Authorities or a Corean subject make any charge or complaint against a British subject in Corea, the case shall be heard and decided by the British Judicial Authorities.

       3. If the British Authorities or a British subject make any charge or complaint against a Coreau subject in Corea, the case shall be heard and decided by the Corean Authorities.

4. A British subject who commits any offence in Cores shall be tried and punished by the British Judicial Authorities according to the laws of Great Britain. 5.-A Corean subject who commits in Corea any offence against a British sub- ject shall be tried and punished by the Corean Authorities according to the laws of Corea.

       6. Any complaint against a British subject involving a penalty or confiscation, by reason of any breach either of this Treaty or of any Regulation annexed thereto, or of any Regulation that my hereafter be made in virtue of its provisions, shall be brought before the British Judicial Authorities for decision, and any penalty imposed, and all property confiscated in such cases, shall belong to the Corean Government.

       7.-British goods, when seized by the Corean Au horities at an open port, shall be put under the seals of the Corean and the British Consular Authorities and shall be detained by the former until the British Judicial Authorities shall have given their decision. If this decision is in favour of the owner of the goods, they shall be imme- diately placed at the Consul's disposal. But the owner shall be allowed to receive them at once on d positing their value with the Corean Authorities pending the decision of the British Judicial Authorities.

8.-In all cases, whether civil or criminal, tried either in Corean or British Courts in Corea, a properly authorised official of the nationality of the plaintiff or prosecutor shall be allowed to attend the hearing, and shall be treated with the courtesy due to his position. He shall be allowed, whenever he thinks it necessary, to call, examine, and cross-examine witnesses, and to protest against the proceedings or decision.

9.-If a Corean subțe who ctis charged wi h an offence against the laws of his country takes refuge on premises occupied by a British subject, or on board a British merchant vessel, the British Consular Authorities, on receiving an application from the Corean Authorities, shall take steps to have such person arrested and handed over to the latter for trial. But, without the consent of the proper British Consular Authority no Corean officer shall enter the premises of any British subject without his consent, or go ou board any British ship without the consent of the officer in charge.

10.-On the demand of any competent British Consular Authority, the Corean Authorities shall arrest and deliver to the former any British subject charged with a criminal offence, and any deserter from a British ship of war or merchant vessel.

      Art. IV. The port of Chemulpo (Jenchuan), Wonsan (Gensan), and Pusan (Fusan), or, if the latter port should not be approved, then such other port as may be selected in its neighbourhood, together with the city of Hanyang and the town of Yanghwa Chin, or such other place in that neighboaruood as may be deemed desirable, shall, from the day on which this Treaty comes into operation, be opened to British

commerce.

      2.-At the above-named places British subjects shall have the right to rent or to purchase land or houses, and to erect dwellings, warehouses, and factories.

They shall be allowed the free exercise of their religion. All arrang ments for the selection, determination of the limits, and laying out of the sites of the Foreign settlements,

Digitized by

Google

*

116

TREATY Between great bkitAIN AND COREA

and for the sale of land at the various ports and places in Cor-a open to foreign t∙ade, shall be made by the Corean Authorities in conjunction with the competent Foreign Authorities.

    3.-These sites shall be purchased from the owners and prepared for occupation by the Corean Government, and the expeuss thus incurred shall be a first charge on the proceeds of the sale of the land. The yearly rental agreed upon by the Corean Authorities in conjunction with the Foreign Authorities shall be paid to the former, who shall retain a fixed amount thereof as a fair equivalent for the land tax, and the remainder, together with any balance left from the proceeds of land sales, shall belong to a Municipal fund to be administered by a Council, the constitution of which shall be determined hereafter by the Corean Authorities in conjunction with the competent Foreign Authorities.

    4.-British subjects may rent or purchase land or houses beyond the limits of the foreign settlements, and within a distance of ten Corean li from the same. But all land so occupied shall be subject to such conditions as to the observance of Corean local regulations and payment of land tax as the Corean Authorities may see fit to impose.

5.-The Corean Authorities will set apart, free of cost, at each of the places open to trade, a suitable piece of ground as a foreign cemetery, upon which no rent, land tax, or other charges shall be payable, and the management of which shall be left to the Municipal Council above mentioned.

    6.-British subjects shall be allowed to go where they please without passports within a distance of one hundred Corean li from any of the ports and places open to trade, or within such limits as may be agreed upon between the competent authorities of both countries. British subjects are also authorised to travel in Corea for pleasure or for purposes of trade, to transport and sell goods of all kinds, except books and other printed matter disapproved of by the Co ean Government, and to purchase native produce in all parts of the country, under passports which will be issued by their Consuls and countersigned or sealed by the Corean local authorities. These passports, if demanded, must be produced for examination in the districts passed through. If the passport be not irr gular, the bearer will be allowed to proceed, and he shall be at liberty to procure such means of transport as he may require. Any British subject travelling beyond the limits above named without a passport, or com- mitting when in the interior any offence, shall be arrested and handed over to the nearest British Consul for punishment. Travelling without a passport beyond the said limits will render the offender liable to a fine not exceeding one hundred Mexican dollars, with or without imprisonment for a term not exceeding one month.

    7.-British subjects in Cores shall be amena`le to such municipal, police, and other regulations for the maintenance of peace, order, and good government as may be agreed upon by the competent authorities of the two countries.

Art. V.-At each of the ports or places open to Foreign trade, British subjects shall be at full liberty to import from any Foreign port or from any Corean open port, to sell or to buy from any Corean subjects or others, and to export to any Foreign or Corean open po t, all kinds of merchandise not prohibited by the Treaty, on paying the duties of the Tariff annexed thereto. They may freely transact_their business with Corean subjects or others without the interve tion of Corean officials or other persons, and they may freely engage in any industrial occupation.

2. The owners or consignees of all goods imported from any Foreign port upon which the duty of the aforesaid Tariff shall have been paid shall be entitled on re-exporting the same to any foreign porɛ at any time within thirte n Corean months from the date of importation, to receive a drawback certificate for the amount of such import duty, provided that the original packages containing such goods remain intact. These drawback certificates shall either be redeemed by the Corean Customs on deman 1, or they shall be received in payment of duty at any Corean open port.

3.-The duty paid on Corean goods, when carried from one Corean open port to another, shall be refunded at the port of shipment on production of a Customs

Digitized by

Google

TREATY BETWEEN GREAT BRITAIN AND COREA

117

ertificate shewing that the goods have arrived at the port of destination, or on

cisfactory proof being produced of the loss of the goods by shipwreck.

4-All gods imported into Corea by British subjects, and on which the duty of the Tariff annexed to this Treaty shall have been paid, may be conveyed to any Corean open port free of duty, and, when transported into the nterior, shall not be subject to any additional tax, excise, or transit duty whatsoever in any part of the In like manner, freedom shall be allo ved for the transport to the open ports of all Corean commodities intended for exportation, and such commodities shall not, either at the place of production, or when being conveyed from any part of Corea to any of the open ports, be subject to the payment of any tax, excise, or transit duty whatsoever.

country.

5.--The Corean Government may charter British merchant vessels for the con- reyance of goods or passengers to unopened ports in Corea, and Corean subjects shall have the same right, subject to the appproval of their own authorities.

        6-Whenever the Government of Corea shall have reason to apprehend a scarcity of food within the kingdom, His Majesty the King of Corea may, by Decree, temporarily prohibit the export of grain to foreign countries from any or all of the Corean open ports, and such prohibition shall become binding on British subjects in Corea on the expiration of one month from the date on which it shall have been officially communicated by the Corean Authorities to the British Consul at the port concerned, but shall not remain longer in force than is absolutely necessary.

       7.-All Brit:sh ships shall pay tonnage dues at the rate of thirty cents (Mexican) per register ton. One such payment will entitle a vessel to visit any or all of the spen ports in Corea during a period of four months without further charge. All tonnage dues shall be appropriated for the purposes of erecting lighthouses and beacons, and placing buoys on the Corean coast, more especially at the approaches to the open ports, and in deepen ng or otherwise improving the anchorages. No tonnage dues shall be charged on boats employed at the open ports in landing or shipping cargo.

        8.-In order to carry into effect and secure the observ÷nce of the provisions of this Treaty, it is hereby agreed that the Tariff and Trade Regulations hereto annexed shall come into operation simultaneously with this Treaty. The competent authorities of the two countries ma, from time to time, revise the said Regulations with a view to the insertion therein, by mutual consent, of such modifications or additions as experience shall prove to be expedient.

       Art. VI.-Auv British subject who smuggles, or attempts to smuggle, goods into any Corean port or place not open to foreign trade shall forfeit twice the value of such gods, and the goods shall be confiscated. The Corean local authorities may seize such goods, and may arrest any British subject concerned in such smuggling or attempt to smuggle. They shall immediately forward any person so arrested to the nearest British Con ul for trial by the proper British Judicial authority, and may detain such goods until the case shall have been finally adjudicated.

Art. VII.-If a British ship be wracked or stranded on the coast of Corea, the local authorities shall immediately take su h steps to protect the ship and her cargo from plunder, and all the persons belonging to her from ill-treatment, and to render ach other assistance as may be required. They shall at once inform the nearest British Consul of the occuren :e, and shall furnish the shipwrecked persons, if neces- sary, with means of conveyance to the nearest open port.

      2-All expenses incurred by the Government of Cores for the rescue, clothing, maintenance, and travelling of shipwrecked British subjects, for the recovery of the bodes of the drowned, for the medical treatment of the sick and injured, and for the burial of the dead, shall be repaid by the British Government to that of Cores.

3.-The British Government shall no he respons ble for the repayment of the expenses incurred in recovery or preservation of a wrecked vessel, or the property belonging to her. All such exp nses shall be a charge upon the property saved, ant shall be paid by the parties inte ested therein upon receiving delivery of the

ame.

Digitized by

Google

118

TREATY BETWEEN GREAT BRITAIN AND COREA

    4.-No charge shall be made by the Government of Cores for the expenses of the Government officers, local functionaries, or police who shall proceed to the wreck, for the travelling expenses of officers escorting the shipwrecked men, nor for the expenses of official correspondence. Such expenses shall be borne by the Corean Government.

    5. Any British merchant ship compelled by stress of weather or by want of fuel or provisions to enter an unopened port in Corca shall be allowed to execute repairs, and to obtain necessary supplies. All such expeuses shall be defrayed by the master of the vessel.

    Art. VIII.-The ships of war of each country shall be at liberty to visit a'l the ports of the other. They shall enjoy every facility for proc ring supplies of all kinds or for making repairs, and shall not be subject to trade or harbour regulations, nor be liable to the payment of duties or port charges of any kind.

2.-When British ships of war visit unopened ports in Corea, the officers and men may land, but shall not proceed into the interior unless they are provided with passports.

   3.-Supplies of all kinds for the use of the British Navy may be landed at the open ports of Corea, and stored in the custody of a British officer, without the pay- ment of any duty. But if any such supplies are sold, the purchaser shall pay the proper duty to the Corean Authorities.

4.-The Corean Government will afford all the facilities in their power to ships belonging to the British Government which may be engaged in making surveys

                                                   in Corean waters.

    Art. IX.-The British Authorities and British subjects in Corea shall be allowed to employ Corean subjects as teachers, interpreters, servants, or in any other lawful capacity, without any restriction on the part of the Corean Authorities; and, in like manner, no restrictions shall be placed upon the employment of Bri ish subjects by Corean Authorties and subjects in any lawful capacity.

2.-Subjects of either nationality who may proceed to the country of the other to study its language, hiterature, laws, arts, or industries, or for the purpose of scien- tific research, shall be afforded every reasonable facility for doing so.

Art. X.-It is hereby stipulated that the Government, public officers, and subjects of Her Britannic Majesty shall, from the day on which this Treaty comes into operation, participate in all privileges, immunities, and advantages, especially in relation to import or export duties on goods and manufactures, which shall then bave been granted or may thereafter be granted by His Majesty the King of Corea to the Government, public officers, or subjects of any other power.

Art. XI.-Ten years from the date on which this Treaty shall come into opera- tion, either of the High Contracting Parties may, on giving one year's previous notice to the other, demand a revision of the Treaty or of the Tariff annexed thereto, with a view to the insertion therein, by mutual consent, of such modifications as experience shall prove to be desirable.

Art. XII.-This Treaty is drawn up in the English and Chinese languages, both of which versions have the same meaning, but it is hereby agreed that any difference which may arise as to interpretation shall be determined by reference to the English

text.

2. For the present all official communications addressed by the British Autho- rities to those of Corea shall be accompanied by a translation into Chinese.

Art. XIII.-The present Treaty shall be ratified by Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and by His Majesty the King of Corea, under their hands and seals; the ratifications shall be exchanged at Hanyang (Sõul) as soon as possible, or at latest within one year from the date of signature, and the Treaty, which shall be published by both Governments, shall come into operation on the day on which the ratifications are exchanged.

   In witness whereof the respective Plenipotentiaries above named have signed the present Treaty, and have thereto affixed their seals.

Digitized by Google

TREATY BETWEEN GREAT Britain anD COREA

119

       Done in triplicate at Hanyang, this twenty-sixth day of November, in the year eighteen husdred and eighty-three, corresponding to the twenty-seventh day of the tenth month of the four hundred and ninety-second year of the Corean era, being the ninth year of the Chinese reign Kuang Hsü.

1.8.]

[L.8.]

HARRY S. PARKES. MIN YONG-MUK.

1.

REGULATIONS UNDER WHICH BRITISH TRADE IS TO BE CONDUCTED IN COREA.

I.-Entrance and Clearance of Vessels.

         Within forty-eight hours (exclusive of Sundays and holidays) after the arrival of a British ship in a Corean port, the master shall deliver to the Coreaa Customs authorities the receipt of the British Consul showing that he has deposited the ship's papers at the British Consulate, and he shall then make an entry of his ship by handing in a written paper stating the name of the ship, of the port from which she comes, of her master, the number, and, if required, the names of her passengers, her tonnage, and the number of her crew, which paper shall be certified. by the master to be a true statement, and shall be signed by him. He shall, at the same time, deposit a written manifest of his cargo, setting forth the marks and numbers of the packages and their contents as they are described in the bills of lading, with the names of the persons to whom they are consigned. The master sball certify that this description is correct, and shall sign his name to the same. When a vessel has been duly entered, the Customs authorities will issue a permit to open batches, which shall be exhibited to the Customs officer on board. Breaking bulk without having obtained such permission will render the master liable to a fine not exceeding one hundred Mexican dollars.

       2.-If any error is discovered in the manifest, it may be corrected within twenty- four hours (exclusive of Sundays and holidays) of its being handed in, without the payment of any fee, but for alteration or post entry to the manifest made after that time a fee of five Mexican dollars shall be paid.

       3.-Any master who shall neglect to enter his vessel at the Corean Custom-house within the "time fixed by this Regulation shall pay a penalty not exceeding fifty Mexican dollars for every twenty-four hours that he shall so neglect to enter his ship.

      4-Any British vessel which remains in port for less than forty-eight hours (exclusive of Sundays and holidays) and does not open her hatch s, also any vessel driven into port by stress of weather, or only in want of supplies, shall not be required to enter or pay tonnage dues so long as such vessel does not engage in trade.

When the master of a vessel wishes to clear, he shall hand in to the Customs authorities an export manifest containing similar particulars to those given in the import manifest. The Customs authorities will then issue a clearance certificate and return the Consul's receipt for the ship's papers. These documents must be handed into the Consulate before the ship's papers are returned to the master.

6-Should any ship leave the port without clearing outwards in the manner ahore prescribed, the master shall be liable to a penalty not exceeding two hundred Herican dollars.

7.-British steamers may enter and clear on the saine days, and they shall not be required to hand in a manifest except for such goods as are to be landed or transhipped at the port of entry.

II.-Landing and Shipping Cargo and Payment of Duties.

1. -The importer of any goods who desires to land them shall make and sign an application to that effect at the Custom-house, stating his own name, the name of the ship in which the goods have been imported, the marks, numbers, and contents of the

and their values, and declaring that this statement is correct. The Customs orities may demand the production of the invoice of each consignment of mer-

Digitized by

Google

120

REGULATIONS FOR FRITISH TRADE WITH COREA

  chandise. If it is not produced, or if its absence is not satisfactorily accounted for, the owner shall be allowed to land his goods on payment o: double the Tariff duty, but the surplus d ty so levied shall be refunded on the prod ction of the invoice.

2.-All goods so entered may be examined by the Customs officers of the places appointed for the purpose. Such examina ion shall be male without delay or injury to the merchandize, and the packages shall be at once restored by the Customs authorities to their original condi'ion, in so far as may be practicable.

    3. Should the Customs authorities consider the value of any goods paying an ad valorem duty as de Ired by the importer or exporter insufficient, they shall call upon him to pay duty on the vale determined by an appraisement to be made by the Customs appraiser. But should the importer or exporter te dissatisfied with that appraisement, he shall within twenty-four hours (exclusive of Sndays and holidays) state his reasons for such dissatisfaction to the Commissioner of C› stoms, and shall appoint an appraiser of his own to make a re-appraisement. He shall then declare the value of the goods as determined by such re-apprais ment. The Commissioner of Customs will thereupon, at his optin, ither assess the duty on th: value deter- mined by this re-appraisem nt, or will purchase the gcods from the importer or exporter at the price thus determined, with the a Idition of five per cent. In the latter case the purchase money shall be paid to the importer or exporter within five days from the date on which he has declared the value determined by his own appraiser.

1

    4.-Upon all goods damaged on the voyage of importation a fair reduction of duty shall be allowed, proportionate to their deterioration. If any disputes arise as to the amount of such reduction, they shall be settled in the manner pointed out in the preceding clause.

5.-All goods intended to be exportel shall be entered at the Corean Custom- house before they are shipped. The application to ship shall be made in writing, and shall state the name of the vessel by which the goods are to be exported, the marks and number of the packages, and the quantity, description, and value of the contents. The exporter shall certify in writing that the application gives a trae account of all the goods contained therein, and shall sign his name thereto.

    6.-No goods shall be landed or shipped at other places than those fixed by the Corean Customs authorities, or between the hours of sunset and sunrise, or on Sundays or holidays, without the special permission of the Customs authorities, who will be entitled to reasonable fees for the extra duty thus performed.

    7.-Claims by importers or exporters for duties paid in excess, or by the Customs authorities for duties which have not been fully paid, shall be entertained only when made within thirty days from the date of payment.

8.-No entry will be required in the case of provisions for the use of British ships, their crews and passengers, nor for the baggage of the later which may be landed or shipped at any time after examination by the Customs officers.

    9.-Vessels needing repairs may land their cargo for that purpose without the payment of duty. All goods so landed shall remain in charge of the Corean Autho- rities, and all just charges for storage, labour, and supervision shall be paid by the anaster. But if any portion of such cargo be sold, the duties of the Tariff shall be paid on the portion so disposed of.

    10.-Any person desiring to tranship cargo shall obtain a permit from the CustomS authorities before doing so.

III.-Protection of the Revenue.

    1.-The Customs authorities shall have the right to place Customs officers on board any British merchant vessel in their ports. All such Cistoms officers shall have access to all parts of the ship in which cargo is stowed. They shall be treated with civility, and such reasonable" accommodation shall be allo'ted to them as the ship affords.

2.-The hatches and all other places of entrance into that part of the ship where -cargo is stowed may be secured by the Corean Customs officers between the hours of sunset and sunrise, and on Sundays and holidays, by affiring seals, locks, or other

Digitized by

Google

PROTOCOL TO TREATY BETWEEN GREAT BRITAIN AND COREA

121

hstenings, and if any person shall, without due permission, wilfully ope any entrance that has been so secured, or break any seal, lock, or other fastening that has been affixed by the Corean Customs officers, not only the person so offending, but the master of th⋅ ship also, shill be liable to a penalty not exceeding one bundred Mexican dollars.

3.-Any British subject who ships, or attempts to ship, or discharges, or attempts to discharge, goods which have not been duly entered at the Cust m-house in the manner above provided, or packages containing goods different from those described in the import or export permit application, or prohibited goods, shall forfeit twice the value of such goods, and the goods shall be confiscated.

4. Any person signing a false declaration or certificate with the intent to defraud the revenue of Corea shall be liable to a fine not exceeding two hundred Mexican dollars.

       5.-Any violation of any provi ion of these Regulations, to which no penalty is specially attached herein, may be punished by a fine not exceeding one hundred Mexican dollars.

        Note. All documents required by these Regulations, and all other communications addressed to the Corean Customs authorities, may be written in the English language.

[L.8.] [L.8.]

HARRY S. PARKES.

MIN YONG-MOK.

PROTOCOL.

       The above-named Plenipotentiaries hereby make and appeud to this Treaty the following three Declarations:-

       I-With referenc: to Article III. of this Treaty, it is hereby declared that the right of extra-terri orial jurisdiction over Briti-h subjects in Corea granted by this Treat, shall be relinquished when, in the judgment of the British Goveran ent, the laws and legal procedure of Corea shall have been so far modified and reformed us to remove the objection: which now exist to British subjects being placed under Corean ja isdiction, and Corean Judres shall have attained similar legal qualifications and a similar independent position to the 8 of British Judges.

II.-With reference :0 Article IV. of this Treaty, it is hereby declared that if the Chines Government shall Leeaft r surrender the sight of opening commercial establishments in the city of Hanvans, which was granted last year to Chinese subjects, the same rig it shall not be claimed for Brit.sh subjects, provided that it be not granted by the Coran Government to the su jects of any other Power.

III-It is hereby declar d that the provisions of this Tre"ty shyll apply to all British Colonies, unless any exception shall be notifie by Her Majesty's Government to tat of Corea within ‹n; year from the date on which the Ratifications of this Treaty shall be exchanged.

And it is hereby further stipul ted that this Protocol shall be lail Iefore the High Contrac ing Parti s simultaneously with this Treaty, and that the ratification of this Treaty shall include the confi› moti›n of the above hres del rations, for which, ther:fore, no separate act of ratificat on will he req iréd.

      lu faith of which the above-named Plenipotentiaries have this day signed this Protocol, and have hereto affix d their seals.

      Done a Hanyang this twenty-sixth day of November, in the year eighteen hundred and eighty-three, corresponding to the twents seventh day of the tenth month of the four hundred and ninet-econd year of the Corean era, Leing the ninth year of the Chinese reign Kuang Hsū.

HARRY 8. PARKES.

[1..8] [L.8.]

MIN YONG-MOK.

Digitized by Google

122

COREAN TARIFF.

IMPORTS.

Ad valorem

No.

ARTICLE.

Rate of Duty. Per cent

No.

ARTICLE.

Ad valorem Rate of Duty.

Per cent.

I Agricultural implements

Free

52

Fans, all kinds

2 Alum

8

Amber

4

Anchors and chains

5

5 53

Feathers, all kinds

20

54

Felt

***

55 Fire engines

Arms, ammunition, fire-arms, fowling- pieces, or sidearms imported under

56

Fireworks

...

57

Fish, fresh

special permit of the Corean Govern-

58

dried and salted

uent for sporting purposes or for self- defence

59

Flax, hemp, and jute...

6:

6 Artificial flowers

7 Bamboo, split or not

8

Bark for tanning

9

Beans, peas, and pulse, all kinds

10

Beer, porter, and cider

་་་

13

14

Bones

20

refined

11 Beverages, such as lemonade, ginger

beer, soda and mineral waters

12 Birds' nests

Blankets and rugs

15 Books, maps, aird churts

16 Bricks and tiles

17 Bullion, being gold or silver refined

18 Buttons. buckles, hooks and eyes, &c. 19 Camphor, crude

21 Candles

22 Canvas

23 Carmine

བྱ ོསཨཤྲྰི་ཨ་པ ོཨng

61

Flints

Floor rugs, all kinds

:

:

:

Free 20

71

692

Flour and meal, all kinds

63

Foil, gold and silver

64

tin, copper, aud all other kinda...

67

66

71 67

Fruit, fresh, all kinda

dried, su1ted, or preserved

Furniture of all kinds

68

Furs, superior, as sable, sea otter, seal,

ofter, beaver, &c.

69

Free 70

71

Free!

772

Gamboge

Ginseng, red, white, crude, and clarified 20 Glase, window, plain and coloured, all

qualities

Glass, plate, silvered or

unsilvered,

framed or unfranied...

73

Glassware, all kinds...

774

Glue

24 Carpets of jute, hemp, or felt, patent

fapestry

25 Carpets, superior quality, as Brussels, Kidderminster, and other kinds not enumerated

26 Carpets, velvet

27

Carriages.....

   28 Cement, as Portland and other kinds 29 Charcoal...

30 Chemicals, all kinds...

31 Clocks and parts thereof

76

Grain and corn, all kinds

Grasscloth, and all textiles in hemp,

jute, &c.

Guauo and mauures, all kinds Hair, all kinds except human

7177

78

79

"

10

80

20

82 783

71

225

:

32 Clothing and wearing apparel, all kinds,

hats, boots and shoes, &c.

33 Clothing and wearing apparel made

wholly of silk...

34 Coal and coke

35

Cochineal

36

Cocoons

37 Coins, gold and silver

38 Confectioneries and sweetmeats, all kinds 39 Coral, manufactured or not...

40 Cordage and rope, all kinds and sizes..... 41 Cotton, raw .......

42 Cotton manufacture, all kinds... 43 Cutton and woollen mixtures, all kinds

44 Cotton and silk mixtures, all kinds

45 Cutlery, all kinds

46 Drugs, all kinds

容要

***

47 Dyes, colours, and paints, paint oils,

aud materials used for mixing painte

48 Earthenware

400

49 Embroideries in gold, silver, or silk

50 Enamel-warę

:

human...

ornamenta, gold and silver

"

81 Hides and skins, raw and undressed tunned and dressed Horns and hoɔfs all kinds not otherwise

provided for

71 84

10 85

86

7187

Incense sticks

India-rubber, manufactured or not Isiuglass, all kinds

Irory, manufactured or not

88 Jade-ware

10 89 Jewellery, real or imitation

Kerosine, or petroleum, and other

mineral oils

***

Lacquered-ware, common ...

"

Lamps, all kinds

5

90

20

71 91

Free

92

10 93

20 94 7 95

5 96

""

71

superior

Lanterns, paper...

Leather, all ordinary kiuds, plain.....

superior kinds, and stamped, figured, or coloured...

797 Leather manufactures, all kinds

7198 Lime.

***

...

799 Linen, linen and cotton, linen and wool-

10

7100

71 | 101

90

20

...

102

61 Explosives used for mining, &c., and

imported under special permit

2 88.

10

103

len mixtures, linen sad silk mixtures, all kinds

Matches

Matting, floor, Chinese, Japanese, voir,

&c., common qualities

Matting, superior qualities, Japanese

** tatamis," &c. Moat, fresh...

་་

*

7 75

10

10

***

mõõ gagỗễm öööjõča nekõnam našo

71

2 828 ÕNONÕNg,

10

20

10

Digitized by

Google

71

71

Free

71

10

10

10

20

71

5

117 Oils, vegetable, all kinds .

71

No.

COREAN TARIFF

ARTICLE.

Ad valorem Rate of Duty. Per cent.

No.

71

        106 Meat, dried and salted....... 105 Medicines, all kinds not otherwise

provided for

106 Metals, all kinds, in pig, block, ingot, slab, bar, rod, plate, sheet, hoop, strip. band and flat," T and angle-iron, old and scrap iron... 107 Metals, all Linde, pipe or tube, ear- rugated or galvanized, wire, steal, tin- plates. quicksilver, nickel, platina, German silver, yellow metal, tuten- agne, or white copper, unrefined gold and silver

108 Metal manufactures, all kinds, as nails, werews, tools, machinery, railway plant,

and hardware.....

169 Models of inventions

110 Mosquito netting, not made of silk...

ill

"

112 Musical boxes...

made of silk

...

113 Musical instruments, all kinds

114 Musk

15 Needles and pins

118 Oil-cuke

ARTICLE.

123

Ad valorem Rate of Duty.

Per cent.

152 Silk manufactures, as gauze, crape, Japanese amber lustrings, satins, satin damasks, figured satins, Japanese white silk ("habutai")

153 Silk manufactures not otherwise pro-

vided for

154

Spirits and liqueure, in wood or Lottle,

all kinds

10

71

10

1

10

o Foroofof a

20

7}

བབས བྱ སྐ

Silk thread and floss silk in skein...

feep, common qualities

156

Soap, superior qualities

157 Soy, Chinese and Japanese

158

Spectacles

159 Spices, all kinda

160

Spirite, in jars

161

20

162

Stationery and writing materials, all

kinds, blank looks, &c.

163

Stones and slate, cut and dressed...

164

Sugar, brown and white, all qualities,

molasses, and syrups...

165

Sugar candy

166

Sulphur

167

Table stores, all kinds, and preserved

provisions

168

Tallow

118 Oil, wood (Tung-yu).......

5

169

Tea

119 Oil, and floor-cloth, all kinds...

7}

170

Telescopes and binocular glasses

10

110 Packing bags, packing matting, tea-

171

Tobacco, all kinds and forme...

20

lead, and ropes for packing goods Free

172

Tortoise shell, manufactured or not

20

121 Paper, common qualities

5

173

Tooth powder...

10

192

all kinds, not otherwise provided

174

Travellers' baggage...

Frie

for

71

175

129 Pitch and tar

136

145 Scales and balances.......

      123 Paper, coloured, fancy, wall and hanging 121 Fearle

1

Pepper, unground.......

15% Perfumes and scents ...

17 Photographic apparatus

129 Pictures, prints, photographs, engrav- ings, all kinds framed or unframed

130 Planke, soft

131

"h

hard

132 Plants, trees and shrubs, all kinde

Plate, gold and silver

134 Plated-ware, all kinds .....

135 Porcelain, common qualities

[37 Precious stones, all kinds, set or unset

139 Rattans, split or not

19 Rhinoceros horns

140 Rosin

141 Saddlery and harness

142 Balt

...

148 Samples in seasonable quantities

144 Sapanwood

146 Scented wood, all kinds

147 Scientific instruments, as physical, ma-

thematical, meteorological, and sur-

Trunks and portmanteaux

10

10

176

Twine and thread, all kinds, excepting

20

in silk

A

177

Types, new and old

Free

20

178

Umbrellas, paper .

10

179

cotton

33

180

"

10

181

...

Milk

Umbrella frames

5

182

Varnish

...

7

183

10

184

:

Free

185

Vermicelli

20

186

Vermilion

10

187

71

Vegetables, fresh, dried, and salted Velvet, silk...

Watches, and parts thereof in common

metal, nickel, or silver

superior qualities

10

188

...

Watches, in gold or gilt

20

189

Wax, bees' or vegetable

6

190

20

191

71

192

10

193

71

194

:

Free

195

71

196

5

20

gical, and their appliances

158 Seals, materials for.....

Free

10

***

71

168 Seeds, all kinds

6

14 Ses products, as seaweed, bêche-de-mer,

**

15) Silk, raw, realed, thrown, floss or waste 7

cloth...

Wines in wood or bottle, all kinds Wood or timber, soft

"

Wool, sheep's, raw...

Woollen manufactures, all kinds Woollen and silk mixtures,

kinda

*

Works of art

...

Yarns, all kinds, in cotton, wool hemp,

&c.

...

All unenumerated articles, raw or un-

manufactured...

***

All unenumerated articles, partly manu-

factured

...

***

All unenumerated articles, completely

manufactured .....

...

Digitized by Google

12

***

hard

"

...

:

:

***

71

71

all

:

197

198

ཨརཽ བྲཱཨདྱཿསྶསྶཙོཙ ཙསྶཨསསྶ ཏཱཾ ཨ

71

71

10

124

COREAN TARIFF

Foreign ships, when sold in Cores, will pay a duty of 25 cents per ton on sailing vessels, and 50 cents per ton on steamers.

Prohibited Goods.

Adulterated drugs or medicines.

     Arms, munitions, and implements of war, as ordnance or cannon, shot and shell, firearms of all kinds, cartridges, side-arma, spears or pikes,

saltpetre, gunpowder, gunoolton, dynamite, and other explosive substances.

The Corean authorities will grant special permits for the importation of arma, firearms, and ammunition for purposes of sport or self-defencs on satisfactory proof being furnished to them of the bond fide character of the application.

Counterfeit coins, all kinds.

Opium, except medicinal opium.

EXPORTS.

CLASS I.

Duty-Free Export Goods.

Bullion, being gold and silver refined. Coins, gold and silver, all kinda. Plants, trees, and shrubs, all kinds. Samples, in reasonable quantity. Travellers' baggage.

CLASS II.

All other native goods or productions not enumerated in Class I. will pay an ad valorem duty of five per cent.

bited.

The exportation of red ginseng is prohi-

RULES.

     1-In the case of imported articles the ad valorem duties of this Tariff will be calculsted on the actual cost of the goods at the place of production or fabrication, with the addition of freight, insurance, etc. In the case of export articles the ad valorem duties will be calculated on market values in Corea.

II.-Duties may be paid in Mexican dollars or Japanese silver yan.

III. The above Tariff of import and export daties shall be converted, as soon as possible and as far as may be deemed desirable, into specific rates by agreement between the competent authorities of the

two countries.

[L.S.] [L.S.]

HARRY 8. PARKES. MIN YONG-MOK.

Digitized by

Google

UNITED STATES

TREATY OF PEACE AND FRIENDSHIP BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF COREA (CHOSEN)

Signed at Bensan, 22nd May, 1882

Ratifications Exchanged at Hanyang, 19th May, 1883

Art. I.-There shall be perpetual peace and friendship between the President of the Unite 1 States and the King of Chosen and the citizens and subjects of their respective Governments. If other Powers deal unjustly or oppressively with either government the other will exert their good offices, on being informed of the case, to bring about an amicable arrangement, thus showing their fri ndy feelings.

Art. II.-After the conclusion of this treaty of amity and commerce the high contracting Powers may each appoint diplomatic representatives to reside at the Court of the other, and may each appoint consular representatives at the ports of the other which are open to foreign commerce, at their own convenience.

The officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality. The Diplomatic an! Consular repre- sentatives of the two governments shall receive mutually all the privileges, rights, and immunities, "ithout discrimination, which are accorded to the same classes of repro- sentatives from the most favoured nations.

       Consuls shall exercise their functions only on receipt of an exequatur from the government to which they are accredited. Consular authorities shall be bond fide officials. No merchants shall be permitted to exercise the duties of the offic, nor stall consular officers be allowed to engage in trade.

       At ports to which no consular representa ives have been appointed the consula of other Powers may be invited to act, provided that no merchant shall be allowed to as-ume consular functions, or the provisions of this treaty may be, in such case, enforced by the local authorities.

       If consular representatives of the United States in Chosen conduct their business in an improper manner their exequaturs may be revoked, subject to the approval, previously obtained, of the diplomatic representative of the United States.

       Art. III. Whenever United States vessel-, either because of weather or by want of fuel or provisions, cannot reach the nearest open port in Chosen, they may enter any port or harbour either to take refuge therein or to get wood, coal, and other necessaries or to make repairs; the expenses incured thereby being defrayed by the ship's master. In such event the officers and people of the locality hall display their sympathy by rendering full assistance, and their liberality by furnishing the necessities required.

If a United State; vessel carries on a clandestine trade at a port not open to foreign commerce, such vessel with her cargo shall be seized and confiscated.

If a United States vessel be wrecked on the coast of Chosen, the coast authorities, on being informed of the occurrence, shall immediately render assistance to the crew, provide for their present necessities, and t-ke the measures necessary for the salvage if the ship and the preservation of the cargo. They shall also bring the matter to the knowledge of the nearest consular representative of the United States, in order

Digitized by Google

126

TREATY BETWEEN THE UNITED STATES AND COREA

that steps may be taken to send the crew home and save the ship and cargo. The necessary expenses shall be defrayed either by the ship's master or by the United States.

Art. IV.-All citizens of the United States of America in Chosen, peaceably attending to their own affairs, shall receive and enjoy for themselves and everything appertaining to them the protection of the local authorities of the Government of Chosen, who shall defend them from all insult and injury of any sort. It their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately dispatci a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigour of the law.

Subjects of Chosen, guilty of any criminal act towards citizens of the United States, shall be punished by the authorities of Chosen according to the laws of Chosen; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of the people of Chosen shall be arrested and punished only by the Consul or other public functionary of the United States thereto authorized, according to the laws of the United States.

When controversies arise in the kingdom of Chosen, between citizens of the United States and subjects of His Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the two governments of the United States and Chosen that such case shall be tried by the proper official of the nationality of the defendant according to the law of that nation. The properly authorized official of the plaintiff's nationality shall be freely permitted to attend the trial and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interests of justice.

                                                If he so desire he shall have the right to be present, to examine and cross-examine witnesses. If he is dissatisfied with the proceedings he shall be permitted to protest against

them in detail.

    It is, however, mutually agreed and understood between the high contracting Powers that whenever the King of Chosen shall have so far modified and reformed the statutes and the judicial procedure of his kingdom that, in the judgment of the United States, they conform to the laws and course of justice in the United States, the right of exterritorial jurisdiction over United States citizens in Chosen shall be abandoned, and thereafter United States citizens, when within the limits of the kingdom of Chosen, shall be subject to the jurisdiction of the native authorities.

Art. V.-Merchants and merchant vessels of Chosen visiting the United States for the purpose of traffic shall pay duties and tonnage dues and fees according to the customs regulations of the United States, but no higher or other rates of duties and tonnage dues shall be exacted of them than are levied upon citizens of the United States or upon citizens or subjects of the most favoured nation,

    Merchants and merchant vessels of the United States visiting Chosen for purposes of traffic shall pay duties upon all merchandise imported and exported. The authority to levy duties is of right vested in the Government of Chosen. The tariff of duties upon exports and imports, together with the customs regulations for the prevention of smuggling and other irregularities, will be fixed by the authorities of Chosen and communicated to the proper officials of the United States, to be by the latter notified to their citizens and duly observed.

    It is, however, agreed in the first instance, as a general measure, that the tariff upon such imports as are articles of da ly use shall not exceed an ad valorem duty of ten per cent; that the tariff upon such imports as are luxuries-as for instance foreign wines, foreign tobacco, clocks and watches-shall not exceed an ad valorem duty of thirty per cent., and that native produce exported shall pay a duty not to exceed five per cent, ad valorem. And it is further agreed that the duty upon foreign imports shall be paid once for all at the port of entry, ard that no other dues, duties, fees, taxes, or charges of any sort shall be levied upon such imports either in the interior of Chosen or at the ports.

Digitized by

Google

TREATY BETWEEN THE UNITED STATES AND COREA

187

       United States merchant vessels entering t'e parts of Chosen shall pay tonnage dues at the rate of five mace per ton, payable once in three months on each vessel, according to the Chinese calendar.

       Art. VI. Subjects of Chosen who may visit the United States shall be permit- ted to reside and to rent premises, purchase land, or to construct residences or warehouses in all parts of the country. They shall be freely permitted to pursue their various callings and avocations, and to traffic in all merchandise, raw and manufactured, that is not declared contraband by law. Citizens of the United States who may resort to the ports of Chosen which are open to foreign commerce shall be permitted to reside at such open ports within the limits of the concession and to lease buildings or land, or to construct residences or warehouses therein. They shall be freely permitted to pursue their various callings and avocations within the limits of the ports and to traffic in all merchandise, raw and manufactured, that is not declared contraband by law.

       No coercion or intimidation in the acquisition of land or buildings shall be permitted, and the land rent as fixed by the authorities of Chosen shall be paid. And it is expressly agreed that land so acquired in the open ports of Chosen still remains an integral part of the kingdom, and that all rights of jurisdiction over persons and property within such areas remain vested in the authorities of Chosen, except in so far as such rights have been expressly relinquished by this treaty.

American citizens are not permitted either to transport foreign imports to the isterior for sale or to proceed thither to purchase native produce, nor are they permit- ted to transport native produce from one open port to another open port.

Violation of this rule will subject sub merchandise to confiscation, and the merchants offending will be handed over to the consular authorities to be dealt with.

Art. VII.-The Governments of the United States and of Chosen mutually agree and undertake that subjects of Chosen shall not be permitted to import opi im into any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of Chosen, to transport it from one open port to another open port, or traffic in it in Chosen. This absolute prohibition, which extends to vessels owned by the citizens or subjects of ei ser Power, to foreign vessels employed by taem, and to vessels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of the United States and of Chosen, and offenders against it shall be severely punished.

Art. VIII Whenever the Government of Chosen shall have reason to ap- prehend a scarcity of food within the limits of the kingdom, His Majesty may by decree temporarily prohibit the export of all breadstuffs, and such decree shall be binding upon

all citizens of the United States in Chosen upon due notice having been given them by the authorities of Chosen through the proper officers of the United States; but it is to be understood t at the exportation of rice and breadstuffs of every description is prohibited from the open port of Yin-Chuen.

      Chosen baving of old prohibited the exportation of red ginseng, if citizens of the United States clandestinely purchase it for export it shall be confiscated and the offenders punished.

       Art. IX. Purchase of cannon, small arms, swords, gunpowder, shot, and all munitions of war is permitted ouly to officials of the Government of Chosen, and they may be imported by citizens of the United States only under written permit from the authorities of Chosen. If these articles are clandestinely imported they shall be confiscated and the offending party shall be punished.

      Art. X.-The officers and people of either nation residing in the other shall have the right to employ natives for all kinds of lawful work.

Should, however, subjects of Chosen, guilty of violation of the laws of the king- dom, or against whom any action has been brought, conceal themselves in the residences or warehouses of United States citizens or on board United States merchant vessels, the Consular authorities of the United States, on being notified of the fact by the local authorities, will either permit the latter to despatch constables to make

Digitized by

Google

128

TREATY BETWEEN THE UNITED STATES AND CORɛA

   the arrests, or the persons will be arrested by the Consular authorities and banded over to the los al constables.

Officials or citizens of the United States shall not harbour such persons.

Art. XI-Students of either nationality who may proceed to the country of the other in order to study the language, literature, laws, or arts shall be given all possible protection and assistance, in evidence of cordial goodwill.

    Art. XII-This being the first treaty negotiated by Chosen, and hence being general and incomplete in its provisions, shall, in the first instance, be put into opera- tion in all things stip.lated herein. As to stipulations not contained herein, after an interval of five years, hou the officers and people of the two Powers shall have become more familiar with each other's language, a further negotiation of commercial provisions and regulations in detail, in conformity with international law and without unequal discriminations on either part, shall be hal.

Art. XIII.-This Treaty and future official correspondence between the two contracting governments shall be made on the part of Chosen in the Chinese language. The United States shall either use the Chinese language, or if English be used it shall be accompanied with a Chinese version in order to avoid misunderstanding. Art. XIV. The high contracting Powers hereby agree that should as any time the King of Chosen grant to any nation or to the merchants or citizens of any ration any right, privilege, or favour connected either with navigation, commerce, political or other intercourse, which is not conferred by this treaty, such right, privilege, and favour shall freely enure to the benefit of the United States, its public officers, merchants, and citizens; provided always, that whenever such right, privile ge, or favour is accompanied by any condition or equivalent concession granted by the other nation interested, the United States, its officers and people, shall only be entitled to the benefit of such right, privilege, or favour upon complyin, with the conditions or concessions connected therewith.

In faith whereof the respective Commissioners Plenipotentiary have signed andf sealed the foregoing at Yin-Chuen, in English and Chinese, being three originals ot each text of even tenor and date, the ratifications of which shall be exchanged ar Yin-Chuen within one year from the date of its execution, and immediately thereafte this treaty shall be, in all its provisions, publicly proclaimed and mad- known by both governments in their respective countries in order that it may be obeyed by their citizens and subjects respectively.

B. W. SHUFELDT,

Commodore United States Navy, Envoy of the United States to Chosu.

SHIN CHEN,

CHIN HONG CHI,

Members of the Royal Cabinet of Chosen.

Digitized by

Google

JAPAN

TREATY OF PEACE AND FRIENDSHIP BETWEEN THE EMPIRE OF JAPAN AND THE KINGDOM OF COREA (CHOSEN)

SIGNED AT KOKWA, 26TH FEвruary, 1876.

The Governments of Japan and Chosen being desirous to resume the amicable relations that of yore existed between them and to promote the friendly feelings of both nations to a still firmer basis have, for this purpose, appointed their Pleni- potentiaries, that is to say:-The Government of Japan, Kuroda Kiyotaka, High Commissioner Extraordinary to Chosen, Lieutenant-General and Member of the Privy Council, Minister of the Colonization Departmeut, and Inouyè Kaoru, As-ociate High Commissioner Extraordinary to Chosen, Member of the Genrô In; and the Government of Chosen, Shin Ken, Han-Choo-Su-Fu, and In-Jisho, Fu-So-Fu, Fuku-so-Kwan, who, according to the powers received from their respective Govern- ments, have agreed upon and concluded the following Articles:-

Art. I.-Chosen being an independent state enjoys the same sovereign rights as does Japan.

       In order to prove the sincerity of the friendship existing between the two nations, their intercourse shall henceforward be carried on in terms of equality and courtesy, each avoiding the giving of offence by arrogance or manifestations of suspicion.

In the first instance, all rules and precedents that are apt to obstruct friendly intercourse shall be totally abrogated, and, in their stead, rules, liberal and in general usage fit to secure a firm and perpetual peace, shall be established.

       Art. II.-The Government of Japan, at any time within fifteen months from the date of signature of this Treaty, shall have the right to send an Envoy to the capital of Chosen, where he shall be admitted to confer with the Rei-sohau-sho on matters of a diplomatic nature. He may either reside at the capital or return to his country on the completion of his mission.

The Government of Chosen in like manner shall have the right to send an Envoy to Tokyo, Japan, where he shall be admitted to confer with the Minister for Foreign Affairs on matters of a diplomatic nature. He may either reside at Tokyo or return home on the completion of his mission.

      Art. III.-Âll official communications addresssed by the Government of Japan to that of Chosen shall be written in the Japanese language and for a period of ten years from the present date they shall be accompanied by a Chinese translation. The Government of Chosen will use the Chinese language.

       Art. IV.-Sorio in Fusan, Chosen, where an official establishment of Japan is situated, is a place originally opened for commercial intercourse with Japan, and trade shall henceforward be carried on at that place in accordance with the provisions of this Treaty, whereby are abolished all former usages, such as the practice of Sai- ken-sen (junk annually sent to Chosen by the late Prince of Tsushima to exchange a certain quantity of articles between each other).

      In addition to the above place, the Government of Chosen agrees to open two ports, as mentioned in Article V. of this Treaty, for commercial intercourse with Japanese subjects.

       In the foregoing places Japanese subjects shall be free to lease land and to erect buildings thereon, and to rent buildings the property of subjects of Chosen.

      Art. V.-On the coast of five provinces, vis: Keikin, Chiusei, Jenra, Keisho, and Kankio, two ports, suitable for commercial purposes, shall be selected, and the time for opening these two ports shall be in the twentieth month from the second month of the ninth year of Meiji, corresponding with the date of Chosen, the first moon of the year Hei-shi.

      Art. VI.-Whenever Japanese vessels either by stress of weather or by want of fael and provisions cannot reach one or the other of the open ports in Chosen, they may enter any port or harbour either to take refuge therein, or to get supplies of

3

Digitized by Google

130

TREATY BETWEEN JAPAN AND COREA

   wood, coal, and other necessaries, or to make repairs; the expenses incurred thereby are to be defrayed by the ship's master. In such events both the officers and the people of the locality shall display their sympathy by rendering full assistance, and

heir liberality in supplying the necessaries required.

     If any vessel of either country be at any time wrecked or stranded on the coasts of Japan or of Chosen, the people of the vicinity shall immediately use every exertion to rescue her crew, and shall inform the local authorities of the disaster, who will either send the wrecked persons to their native country or hand them over to the officer of their country residing at the nearest port.

Art. VII.-The coasts of Chosen, having hitherto been left unsurveyed, are very dangerous for vessels approaching them, and in order to prepare charts showing the positions of islands, rocks, and reefs, as well as the depth of water, whereby all navigators may be enabled safely to pass between the two countries, any Japanese mariners may freely survey said coasts.

Art. VIII.-There shall be appointed by the Government of Japan an officer to reside at the open ports in Chosen for the protection of Japanese merchants resorting there, provided that such arrangement be deemed necessary. Should any question interesting both nations arise, the said officer shall confer with the local authorities of Chosen and settle it.

Art. IX.-Friendly relations having been established between the two contract- ing parties, their respective subjects may freely carry on their business without any interference from the officers of either Government, and neither limitation nor pro- hibition shall be made on trade.

     In case any fraud be committed, or payment of debt be refused by any merchant of either country, the officer of either one or of the other Government shall do their

■tmost to bring the delinquent to justice and to enforce recovery of the debt.

     Neither the Japanese nor the Chosen Government shall be held responsible for the payment of such debt.

Art. X.-Should a Japanese subject residing at either of the open ports of Chosen commit any offence against a subject of Chosen, he shall be trid by the Japanese authorities. Should a subject of Chosen commit any offence against Japanese subject, he shall be tried by the authorities of Chosen. The offenders shall be punished according to the laws of their respective countries. Justice shall be equitably and impartially administered on both sides.

     Art. XI.-Friendly relations having been established between the two contract- ing parties, it is necessary to prescribe trade relations for the benefit of the merchants of the respective countries.

!

Such trade regulations, together with detailed provisions, to be added to the Articles of the present Treaty, to develop its meaning, and facilitate its observance, shall be agreed upon at the capital of Chosen or at Kokwa Fu in the country, within six months from the present date; by Special Commissioners appointed by the two Countries.

Art. XII.-The foregoing eleven articles are binding from the date of the signing hereof, and shall be observed by the two contracting parties, faithfully and invariably, whereby perpetual friendship shall be secured to the two countries.

The present Treaty is executed in duplicate and copies will be exchanged between the two contracting parties.

     In faith whereof we, the respective Plenipotentiaries of Japan and Chosen, hava affixed our seals hereunto this twenty-sixth day of the second month of the ninth year of Meiji, and the two thousand five hundred and thirty-sixth since the accession of Jidamu Tenno; and, in the era of Chosen, the second day of the second, moon of the year Heishi, and of the founding of Chosen the four hundred and eighty-fifth.

(Signed)

KURODA KIYOTAKA. INOUYE KAORU. SHIN KEN.

IN JI-SHO.

Digitized by

Google

SUPPLEMENTARY TREATY BETWEEN JAPAN AND COREA

Whereas, on the twenty-sixth day of the second month of the ninth year Meiji, corresponding with the Corean date of the second day of the second month of the year Heishi, a treaty of Amity and Friendship was signed and concluded between Kuroda Kiyotaka, High Commissioner Extraordinary, Lieutenant-General of H.I.J.M. Army, Member of the Privy Council, and Minister of the Colonization Department, and Inouyé Kaoru, Associate High Commissioner Extraordinary and Member of the Genrô-In, both of whom had been directed to proceed to the city of Kokwa in Corea by the Government of Japan ; and Shin Ken, Dai Kwan, Han-Choo-Su-Fu, and In- jishð, Fu-80-Fu, Fuku-so-Kwan, both of whom had been duly commissioned for that purpose by the Government of Corea :--

      Now therefore, in pursuance of Article XI. of the above Treaty, Miyamoto Okadzu, Commissioner despatched to the capital of Corea, Daijô of the Foreign Department, and duly empowered thereto by the Government of Japan, and Chio Inki, Kosloo Kwan, Gisheifudôshô, duly empowered thereto by the Government of Corea, have negotiated and concluded the following articles :-

      Art. I.-Agents of the Japanese Government stationed at any of the open ports sball hereafter, whenever a Japanese vessel has been stranded on the Corean coasts and has need of their presence at the spot, have the right to proceed there on their informing the local authorities of the facts.

       Art. II.-Envoys or Agents of the Japanese Government shall hereafter be at full liberty to despat-h letters or other communications to any place or places in Corea, either by post at their own expense, or by hiring inhabitants of the locality wherein they reside as special couriers.

Art. III.-Japanese subjects may, at the ports of Cores open to them, lease land for the purpose of erecting residences thereon, the rent to be fixed by mutual agreement between the lessee and the owner.

      Any lands belonging to the Corean Government may be rented by a Japanese on his paying the same rent thereon as a Corean subject would pay to his Government.

It is agreed that the Shumon (watch-gate) and the Shotsumon (barrier) erected by the Corean Government near the Kokwa (Japanese official establishment) in Sorioko, Fusan, shall be entirely removed, and that a new boundary line shall be established according to the limits hereinafter provided. In the other two open ports, the same steps shall be taken.

      Art IV. The limits within which Japanese subjects may travel from the port of Fusan shall be comprised within a radius of ten ri, Corean measurement, the landing place in that port being taken as a centre,

Japanese subjects shall be free to go where they please within the above limits, and shall be therein at full liberty either to buy articles of local production or to sell articles of Japanese production.

      The town of Torai lies outside of the above limits, but Japanese shall have the same privileges as in those places within them.

     Art. V. Japanese subjects shall at each of the open ports of Corea be at liberty to employ Corean subjects.

     Corean subjects, on obtaining permission from their Government, may visit the Japanese Empire.

Art. VI-In case of the death of any Japanese subject residing at the open ports of Cores, a suitable spot of ground shall be selected wherein to inter his remains. As to the localities to be selected for cemeteries in the two open ports other than the port of Fasan, in determining them regard shall be had as to the distance there is to the cemetery already established at Fusan.

Digitized by Google

183

SUPPLEMENTARY TREATY BETWEEN JAPAN AND COREA

Art. VII.-Japanese subjects shall be at liberty to traffic in any article owned by Corean subjects, paying therefor in Japanese coin. Corean subjects, for purposes of trade, may freely circulate among themselves at the open ports of Cores such Japanese coin as they may have possession of in business transactions.

Japanese subjects shall be at liberty to use in trade or to carry away with them the copper coin of Corea.

     In case any subject of either of the two countries counterfeit the coin of either of them, he shall be punished according to the laws of his own country.

    Art. VIII.-Corean subjects shall have the full fruition of all and every article which they have become possessed of either by purchase or gift from Japanese subjects.

Art. IX.-In case a boat despatched by a Japanese surveying vessel to take soundings along the Corean coasts, as provided for in article VII. of the Treaty of Amity and Friendship, should be prevented from returning to the vessel, on account either of tad weather or the ebb tide, the headman of the locality shall accommodate the boat party in a suitable house in the neighbourhood. Articles required by them for their comfort shall be furnished to them by the local authorities, and the outlay thus incurred shall afterwards be refunded to the latter.

     Art. X.-Although no relations as yet exist between Corea and foreign countries, yet Japan has for many years back maintained friendly relations with them; it is therefore natural that in case a vessel of any of the countries of which Japan thus cultivates the friendship should be stranded by stress of weather or otherwise on the coasts of Corea, those on board sha'l be treated with kindness by Corean subjects, and should such persons ask to be sent back to their homes they shall be delivered over by the Corean Government to an Agent of the Japanese Government residing at one of the open ports of Corea, requesting him to send them back to their native countries, which request the Agent shall never fail to comply with.

Art. XI. The foregoing ten articles, together with the Regulations for Trade annexed hereto, shall be of equal effect with the Treaty of Amity and Friendship, and therefore shall be faithfully observed by the Governments of the two countries. Should it, however, be found that any of the above articles actually cause embarrass- ment to the commercial intercourse of the two nations, and that it is necessary to modify them, then either Government, submitting its propositions to the other, shall negotiate the modification of such articles on giving one year's previous notice of their intention.

     Signed and sealed this twenty-fourth day of the eighth month of the ninth year Meiji, and two thousand five hundred and thirty-sixth since the accession of H. M. Jimmu Tenno; and of the Corean era, the sixth day of the seventh month of the year Heishi, and the founding of Corea the four hundred and eighty-fifth.

(Signed)

MIYAMOTO OKADZU, Commissioner and Dajiô of the

Foreign Department.

(Signed)

CHO INKI,

Kdshoo Kwan, Gisheifudosho.

Digitized by

Google

+

!

TREATIES WITH JAPAN

GREAT BRITAIN

TREATY OF PEACE, FRIENDSHIP, AND COMMERCE BETWEEN

HER MAJESTY AND THE TYCOON OF JAPAN

Signed, in the English, Japanese, and DUTCH LANGUAGES,

at Tokio, 26th August, 1858

Batifications Exchanged at Tokio, 11th July, 1859

       Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Tycoon of Japan, being desirous to place the relations between the two countries on a permanent and friendly footing, and to facilitate commercial intercourse between their respective subjects, and having for that purpose resolved to enter into a Treaty of Peace, Amity, and Commerce, have named as their P.eni- potentiaries, that is to say:-

       Her Majesty the Queen of Great Britain and Ireland, The Right Honourable the Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of the Thistle :

And His Majesty the Tycoon of Japan, Midzuo Tisikfogono Kami; Nagai Gembano Kami; Inouwye Sinano no Kami; Kori Oribeno Kami; Iwase Higono Kami; and Isada Hanzabro.

       Art. I.-There shall be perpetual peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, her heirs and successors, and His Majesty the Tycoon of Japan, and between their respective domiuions and subjects.

       Art. II.-Her Majesty the Queen of the United Kingdon of Great Britain and Ireland may appoint a Diplomatic Agent to reside at the city of Tokio, and Consuls or Consular Agents to reside at any or all the ports of Japan which are opened for British commerce by this Treaty.

       The Diplomatic Ag. nt and Consul-General of Great Britain shall have the right to travel freely to any part of the Empie of Japan.

His Majesty the Tycoon of Japan may appoint a Diplomatic Agent to reside in London, and Consuls or Consalar Agents at any or all the ports of Great Britain.

The Diplomatic Agent and Consul-General of Japan shall have the right to travel freely to any part of Great Britain.

Art. III-The ports and towns of Hakodate, Kanagawa, and Nagasaki shall be opened to British subjects on the first of July, one thousand eight hundred and fifty-nine. In addition to which, the following ports and towns shall be opened to them at the dates hereinafter specified :·

      Niigata, or, if Niigata be found to be unsuitable as a harbour, another convenient port on the west coast of Nipon, on the first day of January, one thousand aight hundred and sixty.

Hiogo on the first day of January, one thousand eight hundred and sixty-three. Ia all the foregoing ports and towns British subjects may permauently reside. They shall have the right to lease ground and purchase the uildings thereon, and

Digitized by

Google

184

TREATY BETWEEN GREAT BRITAIN AND JAPAN

 may ereot dwellings and warehouses; but no fortification, or place of military strength, shall be erected under preteuce of building dwellings or warehouses; and to see that this Article is of served, the Japanese authorities shall have the right to inspect, from time to time, any buildings which areeing erected, altered, or repaired.

i

   The place which British subjects shall occupy for their buildings, and the har' our regulations, shall e arrang dy the British Consul and the Japanese authorities of each place, and if they cannot agree the matter shall e referred to and settled by the British Diplomatic Agent and the Japanese Government. No wall, fence, or gate shall be rected by the Japanese around the place where British subjects reside, or anything done which may prevent a free egress or ingress to the same.

   British su jects shall be free to go where they please, within the following limits, at the opened ports of Japan.

   At Kanagawa to the River Loge (which empties into the Bay of Yedo, Kawasaki, and Sinogawa) and ten ri in any direction.

At Hakodate ten ri in any direction.

At Hiogo ten ri in any direction, that of Kioto excepted, which city shall not be approached nearer than ten ri. The crews of vessels resorting shall not cross the River Engawa, which empties into the Bay between Hiogo and Osaka.

   The distance shall be measured by land from the goyoso, or town hall of each of the foregoing ports, ten ri being equal to four thousand two hundred and seventy-five yards English measure.

   At Nagasaki British subjects may go into any part of the Imperial domain in its vicinity.

   The boundaries of Niigata, or the place that may be substituted for it, shall be settled by the British Diplomatic Agent and the Government of Japan.

   From the first day of January, one thousand eight hundred and sixty-two, British subjects shall be allowed to reside in the city of Yedo, and from the first day of January, one thousand eight hundred and sixty-three, in the city of Osaka, for the purposes of trade only. In each of these two o ties a suitable place, within which they may hire houses, and the distance they may go, shall be arranged by the British Diplomatic Agent and the Government of Japan.

Art. IV. All questions in regard to rights whether of property or person, arising tetween British subjects in the dominions of His Majesty the Tycoon of Japan shall be subject to the jurisdiction of the British authorities.

   Art. V.-Japanese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by the Japanese authorities, according to the laws of Japan.

British subjects who may commit any crime against Japanese sul jects, or the subjects or citizens of any other country, shall be tried and punished by the Consul or other public functionary authorized thereto, according to the laws of Great Britain.

Justice shall be equitably and impartially administered on both sides.

Art. VI.-A British subject having reason to complain of a Japanese must proceed to the Consulate and state his grievance.

The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Japanese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the Japanese authorities, that they may together examine into the merits of the case, and decide it equitably.

   Art. VII.-Should any Japanese subject fail to discharge debts incurred to a British subject, or should he fraudulently abscond, the Japanese authorities will do their utmost to bring him to justice, and to enforce recovery of the debts; and should any British subject fraudulently abscond or fail to discharge debts incurred by him to a Japanese subject, the British authorities will, in like manner, do their utmost to bring him to justice and to enforce recovery of the del ts.

   Neither the British nor Japanese Government are to be held responsible for the payment of any debta contracted by British or Japanese subjects.

Digitized by

Google

TREATY BETWEEN GREAT BRITAIN AND JAPAN

184

       Art. VIII. The Japanese Government will place no restrictions whatever upon employment of Japanese, by British subjects, in any lawful capacity.

       Art. IX.-British subjects in Japan shall be allowed free exercise of their religion, and for this purpose shall have the right to erec: suitable places of worship.

Art. X-All foreign coin shall be current in Japan, and shall pass for its corresponding weight in Japanese coin of the same description.

       British and Japanese subjects may freely use foreign or Japanese coin in making payments to each other.

       As some time will elapse before the Japanese will become acquainted with the value of foreign coin, the Japanese Government will, for the period of one year after the opening of each port, furnish British subjects with Japanese coin in exchange for theirs, equal weights being given, and no discount taken for recoinage.

       Coins of all descriptions (with the exception of Japanese copper coin), as well as foreign goll and silver uncoined, may be exported from Japan.

       Art. XI-Supplies for the use of the British navy may be landed at Kanagawa, Hakodate, and Nagasaki, and stored in warehouses, in the custody of an officer of the British Government, without the payment of any duty; if any such supplies are sold in Japan, the purchasers shall pay the proper duty to the Japanese authorities.

       Art. XII.-If any Bri`ish vessel be at any time wrecked or stranded on the coast of Japan, or be compelled to take refuge in any port within the dominions of the Tycoon of Japan, the Japanese authorities, on being apprised of the fact, shall immediately render all the assistance in their power; the persons on board shall receive friendly treatment, and be furnished, if necessary, with the means of conveyance to the nearest Consular station.

Art. XIII-Any British merchant vessel arriving off one of the open ports of Japan shall be at liberty to hire a pilot to take her into port. In like manner, after she has discharged all legal dues, and is ready to tak her departure, she shall be allowed to hire a pilot to conduct her out of port.

+

       Art. XIV.-At each of the ports open to tride British subjects shall be at full liberty to import from their own or any other ports, and sell there and purchas therein, and export to their own or any other ports, all manner of merchandize not contraband, paying the duties thereon as laid down in the Tariff annexed to the present Treaty, and no other charges whatsoever. With the exception of munitions of war, which shall only be sold to the Japanese Government and foreigners, they may freely buy from Japanese and sell to them any articles that either may have for sale, without the intervention of any Japanese officer in such purchase or sale, or in receiving payment for the same, and all classes of Japanese may purchase, sell, keep, or use any articles sold to them by British subjects.

Art. XV.-If the Japanese Custom House officers are dissatisfied with the value placed on any goods by the owner, they may place a value thereon, and offer to take the goods at that valuation. If the owner refuses to accept the offer, he shall pay duty on such valuation. If the offer be accepted by the owner, the purchase money shall be paid to him without delay, and without any abatement or discount.

Art. XVI.-All goods imported into Japan by British subjects, and which have paid the duty fixed by this Treaty, may be transported by the Japanese into any part of the Empire, without the payment of any tax, excise, or transit duty whatever.

       Art. XVII.-British merchants who may have imported merchandize into any open port in Japan, and paid duty thereon, shall be entitled, on obtaining from the Japanese Custom House authorities a certificate stating that such payment has been wade, to re-export the same, and land it in any other of the open ports, without the payment of any additional duty whatever.

       Art. XVII.-The Japanese authorities at each port will adopt the means that they may judge most proper for the prevention of fraud or smuggling.

Art. XIX.-All penalties enforced, or confiscations made under this Treaty, shall belong to, and be appropriated by, the Government of His Majesty the Tycoon of Japan, Art. XX.-The Articles for the regulation of trade, which are appended to this Treaty, shall be considered as forming part of the same, and shall be equally binding

Digitized by

Google

136

TREATY BETWEEN GREAT BRITAIN AND JAPAN

on both the Contracting Parties to the Treaty, and on their subjects. The Diplomatic Agent of Great Britain in Japan, in conjunction with such person or persons as may be appointed for that purpose by the Japanese Government, shall have power to make such rules as may be required to carry into full and complete effect the provisions of this Treaty, and the provisions of the Articles regulating trade appended thereto.

    Art. XXI. This treaty being written in the English, Japanese, and Dutch languages, and all the versions having the same meaning and intention, the Dutch version shall be considered the original; but it is understood that all official communications addressed by the Diplomatic and Consular agents of Her Majesty the Queen of Great Britain to the Japanese authorities shall henceforward be written in English. In order, however, to facilitate the transaction of business, they will, for a period of five years from the signature of this Treaty, be accompanied by a Dutch or Japanese version.

Art. XXII.-It is agreed that either of the High Contracting Parties to this Treaty, on giving one year's previous notice to the other, may demand a revision thereof on or after the first of July, one thousand eight hundred and seventy-two, with a view to the insertion therein of such amendments as experience shall prove to be desirable.

Art. XXIII.-It is hereby expressly stipulated that the British Government and its subjects will be allowed free and equal participation in all privileges, immunities, and advantages that may have been or may be hereafter granted by His Majesty the Tycoon of Japan to the Government or subjects of any other nation.

Art. XXIV. The ratifications of this Treaty, under the hand of Her Majesty the Queen of Great B itain and Ireland, and under the name and seal of His Majesty the Tycoon of Japan, respectively, shall be exchanged at Yedo, within a year from this day of signature. In token whereof, the respective Plenipoteutiaries have signed and sealed this Treaty.

Done at Yedo, this twenty-sixth day of August, one thousand eight hundred and fifty-eight, corresponding to the Japanese date the eighteenth day of the seventh month of the fifth year of Ansei Tsusinon yemma.

ELGIN AND KINCARDINE.

MIDZO TSIKFOGONO KAMI.

NAGAI GEMBANO KAMI. INOUWYE SINANO NO KAMI. KORI ORIBENO KAMI. IWASE HIGONO KAMI. ISUDA HAUZABRO.

Digitized by Google

CONVENTION BETWEEN GREAT BRITAIN, FRANCE, THE UNITED STATES OF AMERICA, AND HOLLAND, WITH JAPAN

SIGNED, IN THE ENGLISH, FRENCH, DUTCH, and Japanese LANGUAGES,

at Tokyo, 25th June, 1866

The Representatives of Great Britain, France, the United States of America, and Holland, having received from their respective Governments identical instruo- tions for the modification of the Tariff of Import and Export duties contained in the Trade Regulations annexed to the Treaties concluded by the aforesaid Powers with the Japanese Government in 1858, which modification is provided for by the Seventh of those Regulations:-

      And the Japanese Government having given the said Representatives, during their visit to Osaka, in November, 1865, a written engagement to proceed imme diately to the Revision of the Tariff in question, on the general basis of a duty of five per cent, on the value of all articles imported and exported :-

      "And the Government of Japan being desirous of affording a fresh proof of their wish to promote trade, and to cement the friendly relations which exist between their country and foreign nations :-

His Excellency Midzuno Idsumi no Kami, a member of the Gorojin and a Minister of Foreign Affairs, has been furnished by the Government of Japan with the necessary powers to conclude with the Representatives of the above-named four Powers, that is to say :

Of Great Britain,

Sir Harry S. Parkes, Knight Commander of the Most Honourable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary in Japan:

Of France,

Monsieur Leon Roches, Commander of the Imperial Order of the Legion of Honour, Minister Plenipotentiary of His Majesty the Emperor of the French in Japan;

Of the United States of America,

A. L. C. Portman, Esquire, Chargé d'Affaires ad interim;

And of Holland,

       Monsieur Dirk de Graeff van Polsbroek, Knight of the Order of the Netherlands Lion, Political Agent and Consul-General of His Majesty the King of the Netherlands;

The following Convention, comprising Twelve Articles.

Art. I.-The contracting parties declare in the names of their respective Govern. ments that they accept, and they hereby do formally accept, as binding upon the subjects of their respective Sovereigns, and the citizens of their respective countries, the Tariff hereby established annexed to the present convention.

      The Tariff is substituted not only for the original Tariff attached to the Treaties concluded with the above-named four Powers, but also for the special Conventions and arrangements relative to the same Tariff, which have been entered into at different dates up to this time between the Governments of Great Britain, France, and the

United States on the one side, and the Japanese Government on the other.

      The New Tariff shall come into effect in the Port of Kanagawa (Yokohama) on the first day of July next, and in the ports of Nagasaki and Hakodate on the first day of the following month.

Art. II. The Tariff attached to this convention, being incorporated from the date of its signature in the Treaties concluded between Japan and the above named four Powers, is subject to revision on the first day of July, 1872.

Two years, however, after the signing of the present convention, any of the contracting parties, on giving six months' notice to the others, may claim a re-adjust- ment of the duties on Tea and Silk, on the basis of five per cent. on the average value of these articles during the three years last preceding. On the demand also of any of the contracting parties, the duty on timber may be changed from an ad valorem to a specific rate six months after the signature of this convention.

Digitized by

Google

CONVENTION BETWEEN THE TREATY POWERS AND JAPAN

Art. III.-The permit fee hitherto levied under the Seventh Regulation attached to the above-named Treaties is hereby abolished. Permi's for the landing or ship- ment of cargo will be required as formerly, but will hereafter be issued free of charge.

Art. IV. On and from the first day of July next, at the Port of Kanagawa (Yokohama), and on and from the first day of October next, at the Ports of Nagasaki and Hakodate, the Japanese Government will be prepared to warehouse imported goods on the application of the importer or owner, without payment of duty. The Japanese Government will be responsible for the safe custody of the goods so long as they remain in their charge, and will adopt all the pr cautions necessary to render them insurable against fire. When the importer or the owner wishes to remove the goods from the warehouses, Ire must pay the duties fixed by the Tariff, but if he should wish to re-export them, he may do so without payment of duty. Storage charges will in either case be paid on delivery of the goods. The amount of these charges, toge- ther with the regulations necessary for the management of the said ware' ouses, will be established by the common consent of the contracting parties.

   Art. V.-All articles of Japanese production may be conveyed from any place in Japan to any of the Ports open to foreign trade, free of any tax or tran-it duty other than the usual tolls levied equally on all traffic for the maintenance of roads or navigation.

Art. VI.-In conformity with those articles of the Treaties concluded between Japan and For ign Powers which stipulate for the circulation of foreign coin at its corresponding weight in native coin of the same description, dollars have hitherto been received at the Japanese Custom House in payment of duties at their weight in Boos (commonly called Ichiboos), that is to say, a rate of three hundred and eleven Boos per hundred dollars. The Japanese Government being, however, desirous to alter this P actice, and to abstain from all interference in the exchange of native for foreign coin, and being also anxious to meet the wants both of native and foreign commerce by securing an adequate issue of native coin, have already determined to enlarge the Japanese Mint, so as to admit of the Japanese Government exchanging into native coin of the same intrinsic value, less only the cost of coinage, at places named for this purpose, all foreign coin or bullion, in gold or silver, that may at any time be tendered to them by foreigners or Japanese. It being essential, however, to the execution of this measure, that the various Powers with whom Japan has concluded Treaties should first consent to modify the stipulations in those Treaties which relate to the currency the Japanese Government will at once propose to these Powers the adoption of the necessary modification in the said stipulation, and on receiving their concurrence will be prepared from the first of January, 1868, to carry the above measure into effect.

   The rate to be charged as the cost of coinage shall be determined hereafter by the common consent of the contracting parties.

   Art. VII.-In order to put a stop to certain abuses and inconveniences complained of at the open Ports, relative to the transaction of business at the Custom-House, the landing and shipping of cargoes and the hiring of boats, coolies, servants, &c., the contact ng parties have agreed that the Governor at each open port shall at once enter into negotiations wi h the foreign Consuls with a view to the establishment, by mutual consent, of such regulations as shall effectually put an end to those abuses and inconveniences, and afford all possible facility and security both to the operations of trade and to the transactions of individuals.

   It is hereby stipulated that in order to protect merchandise from exposure to weather, these regulations shall include the covering in at each port of one or more of the landing places used by foreigners for landing or shipping cargo..

   Art. VIII.-Any Japanese subject shall be free to purchase, either in the open Ports of Japan or abroad, every description of sailing or steam vessel intended to carry either passengers or cargo; but ships-of-war may only be obtained under the authorization of the Japanese Government.

   All foreign vessels purchased by Japanese subjects shall be registered as Japanese vessels on payment of a fixed duty of three Boos per ton for steamers, and one Boo

Digitized by Google

NVENTION BETWEEN THE TREATY POWERS AND JAPAN

189

per ton for sailing vessels. The tonnage of each vessel shall be proved by the foreign register of the ship, which shall be exhibited through the Consul of the party interested, on the demand of the Japanese authorities, and shall be certified by the

Consul as authentic.

Art, IX.-In conformity with the Treaties concluded between Japan and the aforesaid Powers, and with the special arrangements made by the Envoys of the Japanese Government in their note to the British Government of the sixth of June, 1862, and in their note to the French Government of the sixth of October of the same year, all the restrictious on trade and intercourse between foreigners and Japanese, alluded to in the said notes, have been entirely removed, and proclamations to this effect bave already been published by the Government of Japan.

       The latter, however, do not hesitate to declare that Japanese merchants and traders of all classes are at liberty to trade directly, and without the interference of Government officers, with foreign merchants, not only at the open ports of Japan, but also in all Foreign countries on being authorized to leave their country in the manner provided for in Article X. of the present convention, without being subject to higher taxation by the Japanese Government than that levied on the native trading classes of Japan in their ordinary transactions with each other.

And they further declare that all Daimios or persons in the employ of Daimios, are free to visit, on the same conditions, any foreign country, as well as all the open ports of Japan, and to trade there with foreigners as they please, without the inter- ference of any Japanese officer, provided always they submit to the existing Police regulations and to the payment of the established duties.

Art. X.-All Japanese subjects may ship goods to and from any open Port in Japan, or to and from the Ports of any Foreign Powers, either in vessels owned by Japanese, or in the vessels of any nation having a Treaty with Japan. Furthermore, on being provided with passports through the proper Department of the Government in the manner specified in the Proclamation of the Japanese Government, dated the twenty-third day of May, 1866, all Japanese subjects may travel to any foreign country for purposes of study or trade. They may also accept employment in any capacity on board the vessels of any nation having a Treaty with Japan.

       Japanese in the employ of foreigners may obtain Government passports to go abroad on application to the Governor of any open Port.

      Art. XI-The Government of Japan will provide all the Ports open to Foreign trade with such lights, buoys, or beacons as may be necessary to render secure the navigation of the approaches to the said Ports.

       Art. XII.-The undersigned being of opinion that it is unnecessary that this Convention should be submitted to their respective Governments for ratification before it comes into operation, it will take effect on and from the first day of July, one thousand eight hundred and sixty-six.

Each of the Contracting Parties having obtained the approval of his Government to this Convention shall make known the same to the other, and the communication in writing of this approval sha'l take the place of a formal exchange of ratifications. In witness whereof the above named Plenipotentiaries have signed the present Convention, and have affixed thereto their seals.

      Done at Tokyo, in the English, French, Dutch, and Japanese languages, this twenty-fifth day of June, one thousand eight hundred and sixty-six.

[L.S.] HARRY S. PARKES,

Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary in Japan,

[L.B.] LEON ROCHES,

Ministre Plenipotentiare de S. M. L'Empereur des Francais au Japan.

[L.8.] A. L. C. PORTMAN,

Chargé d'Affaires a. i. of the United States in Japan.

[L.8.] D. DE GRAEFF VAN POLSBROEK,

Politiek Agent en Consul-General der Nederlanden in Japan.

[L.S.] MIDZUMO IDZUMI NO KAMI.

Digitized by

Google

THE JAPANESE TARIFF

The following is the tariff in force in Japan under the Convention with Great Britain, France, the United States of America, and Holland concluded on the 25th June, 1866:-

IMPORT TARIFF

CLASS 1.-SPECIFIC DUTIES

ARTICLES

PER 100 catties

Boos

CHITO

16

1 Alum

Petel Nut

8 Brass Buttons

4 Candi ...

Canvas and Cotton Duck...

Cigars

7 Cloves and Mother Cloves

Cochineal

9 Cordage

10 Cotton, Raw

Cotton MaxUFACTURES

***

41 Shirtings, Grey, White, and Twilled; White, Spotted, or Figured Drills, and Joina; White Bro.cades, "T-Cloths, Cambrica, Muslins, Lewes, Dimitia, Quilting, Cottour ta all the above Go. de Dyed, Printed Cottons, Ühintzes and Furnitures:-

A. not exceeding 34 inches wido

0.

"

46

D. exceeding 48

"

13 Tafachelase, not exceeding 31 inches...

         exceeding *1 inches and not exceeding 43 inones 19 Fustions, as Colton Velvets, Velveteens, Satina, Batineta,

and Cotton Damasks, not exce-ding 40 inches

14 Ginghams, not exceeding 31 inches...

"

16 Handkerchiefs...

17 Table Cloths

14

43

"

16 Singlets and Drawers

18 tton Thread, plain or dyed, in reel or ball..... 19 Cotton Yarn, plain or dyed...

་་་

:

Cutch

"

grOSS

100 catties

10 yards catty 100 catties

DJ

COOROO-=-

10 yards

n

10

##

n

111

171

"

25

dosen

each

91 Feathers

23 Flints

28 Gambier

$4 Gamboge

gfisher, Peno.ok, & o.,

26 Glass, Window

96 Glue

27 Gum Benjamin ard Oil of Ditto

28 " Dragons Blood, Myrrh, Olibanum

29 Gypsum...

80 Hides, Puffalo and Cow ..

81 Horn, Buffalo and Deer

82

"

Rhinoceros...

83 Hoofs 84 Indigo, liqu'd

100 catties

n

100 catties 100 in No. 100 catties

box of 100

square feet

100 catties

"

"}

"

22

38

17

dry

ANCOBSCO

O-OOK - O*=−==Room

Digitized by Google

12

46

35

2785.5.853 & 26587 +8.8...8 *stões

JAPAN, TARIFF. UNDER CONVENTION OF 1866

IMPORT TARIFF

* Ivory Elephant's Teeth, all qualities.....

***

#7 Paint-as Red, White, and Yellow Lead (Miniùm, Coruse,

and Massicot)-and Paint Oila

# Leather

10 Linen, all qualities

Mangrove bark

41 Matting, floor .....

Metala, &c.

Copper and Brass in Slabs, Sheets, Rods, Nails

ia Yollow Metal, Muntz's Metal She thing aɛd Nails Iron, Manufactured, as in Rods, Bars, Nails.....

Lead, Fig.

Shaet

Spalter and Zine

***

J

Pigu. Kentledge Wire

Platen

01 Cloth for flooring

or Leather Cloth for Furniture...

66 Pepper, Black and White

# Puichuk

19 Quicksilver .......

Quinine...

Rattans Rhubarb

Salt Fish

:

fzz 100 catties

Boos

CENTS

18

n

#

10 yards 100 ostlies

froll of 40 yda

100 calties

15

"

J

#

#

"

"

box of not ex- c'ding 90 cat. 10 yards

"

100 cattles

17

caity 100 cattios

"

"

Sandal Wood ...

Sapan Wood

Bes Horse Teeth

# Narwhal or "Unicorn" Teeth...

#7 Sharks' Fini

#8 Band

8mp, Bar

70 Stick Lac

***

**

11 Sugar, Brown and Black

White

***

...

Candy and Loaf

13

18

14 Tobacco

78 Vermilion

32

"

"

catty 100 cafties

catly 140 cities

#

"

Ja

SOCHR

10000

70

7

#000000HOOM " 00-α-HOHOHONAKOO-OOG-α

322=*88*888 £ 22°**8***#$$*888*9**g*

WOOLLEE MANUFACTURES

* Broad, Habit, Medium, and Narrow Cloth:---

not exceeding 84 inches

exceeding

77 Spanish Stripes

65 "

55 "

10 yards

***

"

"

79 Benting

90 Camleta, Dutch

English

19

#

"

8*32322S

78

76

19 Cassimeres, Flannel, Long Ells, and Sergis

曲跟

Lastings, Crape Lastings, and Worsted Crapes, Merinos, and all other Woollen Goods not classed under No. 76:- 4. not exceeding 34 inches

***

...

1. exceeding 81 19 Woollen and Cotton Mixtures, as Imitation Camlets, Imita- tion Lastings, Orleans (plain and figur d), Lustres (plain and figured), Alpaca, Baratheas, Damasks, Italian Cloth, Taffachelass, Tssel Cords, Cassandras. Woollen Fancies, Camlet Cords, and all othe. Cotton a: d Woollen Mixtures:- A. not exceeding 34 inches

3. exceed ng 34

* Blanket and Hor e Cloths

Travelling Rug, Plaids, and Shawls Figured Woollen Table Cloths...

#Woollen Sing'ets and Drawers

35

دو

and Cotton Singlets and Drawers Yarn, plain and dyed

0

30

19

*8

גי

>

"

100 catlies each

""

dozen

11

100 catties

10

68.28868

50

50

76

30

141

Digitized by

Google

142

JAPAN, TARIFF UNDER CONVENTION OF 1886

CLASS II-DUTY FREE GOODS

     All animals used for food or draught; Anchor and chain cables; Coal; Clothing, not being articles named in this Tariff; Gold and Silv. r, coined and uncoined; Grain, including rice, paddy, wheat, barley, oats, rye, peas, beans, millet, Indian corn; Flour and meal prepared from above; Oil cake; Packing matting; Printed books; Salt; Salted meats in casks; Saltpetre; Solder; Tar and pitch; Tea-firing pans and bas- kets; Tea Lead; Travelling Baggage.

CLASS III-PROHIBITED GOODS

Opium.

}

CLASS IV.-GOODS SUBJECT TO AN AD VALOREM DUTY OF FIVE PER CENT. ON ORIGINAL VALUE

     Arms and munitions of war; Articles de Paris; Boots and shoes; Clocks, watches, and musical boxes; Coral; Cutlery; Drugs and medicines, such as ginseng, &c.; Dyes; European porcelain and earthenware; Furniture of all kinds, new and second-hand; Glass and crystal ware; Gold and silver lace and thread; Gums and spices not named in Tariff; Lamps; Looking glasses; Jewellery; Machinery and manufactures in iron or steel; Manufactures of all kinds in silk, silk and cotton, or silk and wool, as velvets, damasks, brocades, &o.; Paintings and engraving; Perfumery, scented soap; Plated ware; Skins and furs; Telescopes and scientific instruments; Timber; Wines, malt and spirituous liquors, talle stores of all kinds.

AND ALL OTHER UNENUMERATED GOODS

Norz.-Aceording to the VIIIth Article of the Convention of Yedo, a duty will be charged on the sale of Foreign Vessels to Japan of 3 Boos per ton for Steamers and 1 Boo per ton for Sailing Vessels.

EXPORT TARIFF

CLASS I.-SPECIFIC DUTIES

No.

ARTICLE

1 Awabi

PER 100 catties

Boos

CINTS

9 Awabi Shells

#

8 Camphor

4 China Root (Burrio) ...

"

13

Cassia

6 Cassia Buds

7 Goal...

**

**

"

8 Cotton (Raw)

Odir

10 Fish, dried or salted, Salmon and C d

11 Fab, Cuttle

12 Galinuts

13 Chinang or Icio

14 Hemp

15 Honey

18 Horns, Decrs', Old

17 Ir co or Beche de Mer

18 Iron, Japanese

19 Isinglass

20 Lead

21 Mushrooms, all qualities.

22 Oil, Fish

23 do., Seed

24 Paper, Writing

25 Paper, Inferior

26 Peas, Beans, and Pulse of all kinds

27 Perny Bark (Botanpi)

28 Potatoe

29 Rags

***

80 Baké or Japanese Wines or Spirits...

#

...

11

"

"

*

"

**

"

>>

11

"

"

#

[]

33

"

"

""

"

"

"1

23

***

-0∞ORODOROHO"OOO

90.

855288888885888686867ENDK87888

Digitized by Google

JAPAN, TARIFF UNDER CONVENTION OF 1866

EXPORT TARIFF

No.

ARTICLE

31 Benwood, Uncut

83 Beaweed, Cut

33 Beeds, Bape

34 Beeda, Besamum

36 Sharks' Fins

36 Shrimps and Prawns, Dried Salt

37 SIk-Raw and Thrown

38 Tama or Dupioni

39 - Noshi or Skin Silk

40 Fions Silk

41 Cocoons, Pierced

42 Cocoons, Unpierced

Waste Silk and Waste Cocoons.....

Silkworms' Eggs

46 Sulphur

143

Prz 100 eatties

Boos

CERTS

n

"

20

78

"

90

"

"

*

Sheet

100 catties

Boy

Tea ...

#3

Fo

Tea, quality known

"Ran cha'

(when

ported from Naga-aki only)

19

T-bacco, Leaf

"

Tobacco, cut or prepared

Vermicelli

••

Wax, Vegetable

Wax, Bees'...

"

*

"

COLOR

188888888815488 208988

CLASS II-DUTY FREE GOODS

      Gold and silver, coined, silver and copper uncoined, of Japanese produc- tion, to be sold only by the Japanese Government at Pulic Auction,

CLASS III.-PROHIBITED GOODS

Rice, pa∙ldy, wheat, barley; Flours made from the above; Sal'petre.

CLASS IV.-GOODS SUBJECT TO AN AD VALOREM DUTY OF FIVE PER CENT. TO BE CALCULATED ON THEIR MARKET VALUE Bamboo ware; Copper utensils of all kinds; Charcoal; Ginseng and unenume- rated drugs; Horns, deer, young or soft; Mats and mattings; Silk dresses, manufac- tures or embroideries; Timber.

AND ALL OTHER UNENUMERATED GOODS

RULES

RULE L-Unenumerated Imports if mentioned in the Export list shall not pay Duty under that list, but shall be passed ad valorem ; and the same rule shall apply to any unenumerated Exports that may he named in the Import list. EULE II.-Foreigners resident in Japan, and the crews or passengers of foreign ships, shall be allowed to purchase such supplies of the grain or flour named in the list of Exports as they may require for their own consumption, but the usual shipping permit must be of tained from the Custom House before any of the aforesaid grain or flour can be shipped to a foreign vessel. RULE III-The catty mentioned in this Tariff is equal to one pound and a third English avoirdupois weight. The yard is the English measure of three feet, the English foot being one-eighth of an inch longer than the Japanese kaneshaku. The Boo is a silver coin weighing not less than 134 grains troy weight, and containing not less than nine parts of pure silver, and not more than one of alloy. The cent is the one-hundredth part of the Boo.

Digitized by

Google

UNITED STATES OF AMERICA

EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND JAPAN

Signed at Tokyo, on the 29th April, 1886

Ratified at Tokyo, on the 27th September, 1886

His Majesty the Emperor of Japan and the President of the United States of America having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter named, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, they have named as their Plenipotentiaries to conclude a Treaty "for this purpose, that is to say:

His Majesty the Emperor of Japan, Count Inouye Kaoru, Jiusammi, His Imperial Majesty's Minister of State for Foreign Affairs, First Class of the order of the Rising Sun, &c., &c., &c, and the President of the United States of America, Richard B. Hubbard, their Envoy Extraordinary and Minister Plenipotentiary near His Imperial Majesty the Emperor of Japan, who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles:

     Art. I.-The High Contracting Parties engage to deliver up to each other, under the circumstances and conditions stated in the present Treaty, all persons who, being accused or convicted of one of the crimes or offences named below in Article II. and committed within the jurisdiction of the one party, shall be found within the jurisdic- tion of the other party.

Art. II.-1.-Murder and assault with intent to commit murder.

    2.-Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money, counterfeiting certificates or coupons of public inde ted- ness, bank notes, or other instruments of public credit of either of the parties, and the utterance or circulation of the same.

3.-Forgery, or altering, and uttering what is forged or altered.

4.-Embezzlement or criminal malversation of the public funds committed within the jurisdiction of either party, by the pu' lic officers or depositaries.

5.-Robbery.

    6.-Burglary, defined to be the breaking and entering by night-time into the house of another person with the intent to commit a felony therein; and the act of breaking and entering the house fauother, whether in the day or night time, with the intent to commit a felony therein.

7.-The act of entering, or of breaking and entering, the offices of the Govern- ment and public authorities, or the offices of Ianks, lanking-houses, savings-banks, trust companies, insurance or other companies, with the intent to commit a felony

therein.

8.-Perjury or the subornation of perjury.

9.-Rape.

10.-Arson.

11-Piracy by the law of nations.

Digitized by

Google

EXTRADITION TREATY BETWEEN THE UNITED STATES AND JAPAN

146

       12.-Murder, assault with intent to kill, and manslaughter committed on the high seas, on board a ship bearing the flag of the demanding country.

       13.-Malicious destruction of, or attempt to destroy, railways, trams, vessels, bridges, dwellings, public edifices, or other (uildings, when the act endangers human life.

       Art. III.-If the person demanded be held for trial in the country on which the demand is made, it shall be optional with the latter to grant extradition or to proceed with the trial: Provided that, unless the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition.

Art. IV.-If it be made to appear that extradition is sought with a view to try or punish the person demanded for an offence of a political character, surrender shall not take place, nor shall any person surrendered be tried or punished for any political offence committed previously to his extradition, or for any offence other than that in respect of which the extradition is granted.

Art. V.-The requisition for extradition shall be made through the diplomatic agents of the contracting parties, or in the event of the absence of these from the country or its seat of Government, by superior consular officers.

      If the person whose extradition is requested shall have been convicted of a crime, a copy of the sentence of the Court in which he was convicted, authenticated under its seal, and an attestation of the official character of the judge by the

                                          proper executive authority, and of the latter by the Minister or Consul of Japan or of the United States, as the case may be, shall accompany the requisition.

      When the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country making the demand and of depositions on which such warrant may have been issued, must accompany the requisition.

The fugitive shall be surrendered only on such evidence of criminality as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime had been there committed.

       Art. VI.-On being informed by telegraph, or other written communication, through the diplomatic channel that a lawful warrant has been issued by competent authority upon probable cause, for the arrest of a fugitive criminal charged with any of the crimes enumerated in Article II. of this Treaty, and on being assured from the same source that a request for the surrender of such criminal is about to be made in accordance with the provisions of this Treaty, each Government will endeavour to procure, so far as it lawfully may, the provisional arre t of such criminal, and keep him in safe custody for a reasonable time, not exceeding two months, to await the production of the documents upon, which claim for extradition is founded.

Art. VII.-Neither of the contracting parties shall be bound to deliver up its own subjects or citizens under the stipulations of this convention, but they shall have the power to deliver them up if in their discretion it be deemed proper to do so.

Art. VIII.-The expenses of the arrest, detention, examination, and transporta- tion of the accused shall be paid by the Government which has requested the extradi

tion.

      Art. IX. The present treaty shall come into force sixty days after the exchange of the ratifications thereof. It may be terminated by either of them, but shall remain in force for six months after notice has been given of its termination.

      The treaty shall be ratified, and the ratifications shall be exchanged at Washington as soon as possib'e.

In witness whereof the respective Plenipotentiaries have signed the present Treaty

in duplicate and bave thereunto affixed their seals.

Done at the city of Tokyo, the twenty-ninth day of the fourth month of the nineteenth year of Meiji, corresponding to the twenty-ninth day of April in the eighteen hundred and eighty-sixth year of the Christian era.

(Signed)

"

[L.S.] [L.S.]

INOUYE KAORU. RICHARD B. HUBBA RD.

Digitized by Google

MEXICO

TREATY BETWEEN JAPAN AND MEXICO

SIGNED AT Washington on the 30th November, 1888

Ratified by the Emperor of Japan, at Tokyo, 17th July, 1889

   His Majesty the Emperor of Japan and the President of the United Mexican States, being equally animated by a desire to establish upon a firm and lasting foundation relations of friendship and commerce between their respective States and subjects and citizens, have resolved to conclude a Treaty of Amity and Commerce, and have for that purpose named their respective Plenipotentiaries, that is to say:

   His Majesty the Emperor of Japan, Jushii Munemitsu Mutsu, of the Order of the Rising Sun and the Third Class of Merit, and His Envoy Extraordinary and Minister Plenipotentiary near the Government of the United States of America; and the President of the United Mexican States, Matis Romero, Envoy Extraordinary and Minister Plenipotentiary of the United Mexican States in Washington, who, having communicated to each other their respective Full Powers, and found them in good and due form, have agreed upon the fullowing Articles :-

Art. I.-There shall be firm and perpetual peace and amity between the Empire of Japan and the United Mexican States and their respective subjects and citizens.

Art. II.-His Majesty the Emperor of Japan may, if he see fit, accredit a Diplomatic Agent to the Government of the United Mexican States; and in like manner, the Government of the United Mexican States may, if it thinks proper, accredit a Diplomatic Agent to the Court of Tokyo; and each of the Contracting Parties shall have the right to appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents, for the convenience of trade, to reside in all the ports and places within the Territories of the other contracting Party where similar Consular officers of the most favoured nation are permitted to reside; but before any Consul-General, Consul, Vice-Consul or Consular Agent s! a'l act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent.

    The Diplomatic and Consular officers of each of the two Contracting Parties shall, subject to the stipulations of this Treaty, enjoy in the Territories of the other whatever rights, privileges, exemptions, and immunities are or shall be granted there to Officers of corresponding rank belonging to the most favoured nation.

Art. III.-There shall be between the Territories and Possessions of the two Contra ting Parties reciprocal freedom of Commerce and Navigation. The subjects and citizens respectively of each of the Contr cting Parties shall have the right to come freely and securely with their ships and cargoes to all places and ports in the Territories and Possessions of the other where subjects or citizens of the most favoured nation are permitted so to come; they may remain and reside at all the places or ports where subjects or citizens of the most favoured nation are permitted to remain and reside, and they may there hire and occupy houses and warehouses, and may there trade by wholesale or retail in all kinds of products, manufactures, and merchandise of lawful commerce.

Art. IV. His Majesty the Emperor of Japan, in consideration of the averal stipulations contained in this Treaty, hereby grants to Mexican citizens resorting to Japan, apart from and in addition to the privileges extended to such citizens by the last preceding Article of this Treaty, the privilege of coming, remaining, and residing in all parts of His Territories and Possessions; of there hiring and occupying houses and warehouses, of there trading, by wholesale or r tail, in all kinds of products,

Digitized by

Google

TREATY BETWEEN JAPAN AND MEXICO

147

1

manufactures, and merchandise of lawful commerce; and, finally, of there engaging in and pursuing all other lawful occupations.

Art. V.-The two Contracting Parties hereby agree that any favour, privilege, or immunity whatever in matters relating to commerce, navigation, travel through er residence in their Territories or Poss ssions, which either Contracting Party has actually granted, or may hereafter grant to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other Contracting Party gratuitously, if the concession in favour of that other State shall have been gratuitous; and on the same, or equivalent conditions, if the concession shall have been con- ditional.

       Art. VI.-No other or higher duties or charges on account of tonnage, light or harbour dues, pilotage, quarantine, salvage in case of damage, or any other local charges, shall e imposed in any of the ports of Japan on vessels of the United Mexican States, or in any of the ports of the United Mexican States on vessels of Japan, than are or may hereafter be payable in like cases in the same ports on vessels of the most favoured nation.

       Art. VII.-No other or higher duties shall be imposed on the importation into Japan of any article the growth, product, or manufacture of the United Mexican States, and reciprocally, no other or higher duties shall be imposed on the importa- tion into the United Mexican States, of any article the growth, product, or manu- facture of Japan, than are or shall be payable on the importation of the like article, being the growth, product, or manufacture of any other foreign country, nor shall any other or higher duties or charges be imposed in the Territories or Possessions of either of the two Contracting Parties on the exportation of any article to the Terri- tories or Possessions of the other, than such as are or may be payable on the expor- tation of the like article to any other foreign country. No prohibition shall be im- posed on the importation of any article the growth, product, or manufacture of the Territories of either of the Contracting Parties into the Territories or Possessions of the other, wh ch shall not equally extend to the like article, being the growth, pro- duct, or manufacture of any other country. Nor shall any prohibition be imposed or the exportation of any article from the Territories of either of the Contracting Parties to the Territories or Possessions of the other, which shall not equally extend to the exportation of the like article to the Territories of all other nations.

         Art.' VIII.-Citizens of the United Mexican States, as well as Mexican vessels resorting to Japan, or to territorial waters thereof, shall, so long as they there remain, be subject to the laws of Japan and to the jurisdiction of His Imperial Majesty's Courts; and, in the same manner, His Imperial Majesty's subjects and Japanese vessels resorting to Mexico and to the territorial waters of Mexico shall be subject to the laws and jurisdiction of Mexico.

Art. IX. The present Treaty shall go into operation immediately after the ex- change of ratifications, and shall continue in force until the expiration of six months after either of the Contracting Parties shall have given notice to the other of its in- tention to terminate the same, and no longer.

       Art. X. The present Treaty shall be signed in duplicate in each of the Japanese, Spanish, and English languages, and in case there should be found any discrepancy between the Japanese and Spanish texts, it will be decided in conformity with the English text, whi. h is binding upon both Governments.

Art. XI. The present Treaty shall be ratified by the two Contracting Parties, and the ratifications shall be exchanged at Washington as soon as possible.

      In witness whereof the respective Plenipotentiaries have signed this Treaty, and hereunto affixed their respective seals.

      Done in sextuplicate at Washington this 30th day of the 11th month of the 21st year of Meiji, corresponding to the 30th day of November of the year one thousand eight hundred and eighty-eight.

(Signed)

"}

MUNEMITSU MUTSU. M. ROMERO.

Digitized by Google

TREATIES WITH SIAM

GREAT BRITAIN

TREATY OF FRIENDSHIP AND COMMERCE BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM AND THE KINGS OF SIAM

Ratifications Exchanged at Bangkok, 15th April, 1856

Art. I.-There shall henceforward be perpetual peace and friendship between Her Majesty and her successors, and Their Majesties the Kings of Siam and their successors. All British subjects coming to Šiam shall receive from the Siamese Government full protection and assistance to enable them to reside in Siam in all security, and trade with every facility, free from oppression or injury on the part of the Siamese, and all Siamese subjects going to an English country shall receive from the British Government the same complete protection and assistance that shall be granted to British sujects by the Government of Siam.

    Art. IL-The interests of all British subjects coming to Siam shall be placed under the regulation and control of a Consul, who will be appointed to reside at Bangkok: he will himself conform to, and will enforce the observance by British subjects of all the provisions of this treaty, and such portions of the former treaty negotiated by Cap- tain Burney, in 1826, as shall still remain in operation. He shall also give effect to all rules or regulations that are now or may hereafter be enacted for the government of British subjects in Siam, and conduct of their trade, and for the prevention of viola- tions of the laws of Siam. Any disputes arising between British and Siamese subjects shall be heard and determined by the Consul, in conjunction with the proper Siamese officers; and criminal offences will be punished, in the case of English offenders, by their own laws, through the Siamese authorities. But the Consul shall not interfere in any matters referring solely to Siamese, neither will the Siamese authorities interfere in questions which only concern the subjects of Her Britannic Majesty.

It is understood, however, that the arrival of the British Consul at Bangkok shall not take place before the ratification of this treaty, nor until ten vessels owned by British subjects sailing uuder B itish colours and with British papers shall have entered the port of Bangkok for the purposes of trade, subsequent to the signing of this treaty.

Art. III.-If Siamese in the employ of British subjects offend against the law of their country, or if any Siamese having so offended, or desiring to desert, take refuge with a British subject in Siam, they shall be searched for, and upon proof of their guilt or desertion, shall be delivered up by the Consul to the Siamese authorities. In like manner any British offenders resident or trading in Siam, who may desert, escape to, or hide themselves in Siamese territory, shall be apprehended and delive ed over to the British Consul on his requisition. Chinese not able to prove themselves to be British subjects, shall not be considered as such by the British Consul, uor be entitled to his protection.

Digitized by

Google

TREATY BETWEEN GREAT BRITAIN AND SIAM

Art. IV.--British subjects are permitted to trade freely in all the seaports of Siam, but may reside permanently only at Bangkok, or within the limits assigned by this Treaty. British subjects coming to reside at Bangkok may rent land, buy or build houses, but cannot purchase land within a circuit of 200 sen (not more than 4 miles English) from the city walls, until they shall have lived in Siam for ten years, or shall btain special authority from the Siamese Government to enable them to do so. But with the exception of this limitation, British residents in Siam may at any time buy or rent houses, lands, or plantations, situated anywhere within a distance of twenty-four hours' journey from the city of Bangkok, to be computed by the rate at which boats of the country can travel. In order to obtain possession of such land or houses, it will be necessary that the British subject shall, in the first place, make application through the Consul to the proper Siamese officers; and the Consul having satisfied himself of the bonest intention of the applicant, will assist him in settling, upon equitable terms, the amount of the purchase money, will mark out and fix the boundaries of the property, and will convey the same to the British purchaser under sealed deeds. Whereupon he and his property shall be placed under the protection of the Governor of the distriot and that of the particular local authorities; he shall conform, in ordinary matters, to any just directions given him by them, and will be subject to the same taxation that is levied on Siamese subjects. But if through negligence and want of capital or other cause, a British subject should fail to commence the cultivation or improvement of the land so acquired within a term of three years from the date of receiving possession thereof, the Siamese Government shall have the power of resuming the property, upon returning to the British subject the purchase-money paid by him for the same.

      Art. V.-All British subjects intending to reside in Siam shall be registered at the British Consulate. They shall not go out to sea, nor proceed beyond the limits assigned by this treaty for the residence of British subjects, without a passport from the Siamese authorities, to be applied for by the British Consul; nor shall they leave Siam, if the Siamese authorities show to the British Consul that legitimate objections wist to their quitting the country. But within the limits appointed under the preceding article, British subjects are at liberty to travel to and fro under protection of a pass, to le furnished them by the British Consul and counter-sealed by the

proper Samese officer, stating, in the Siamese character, their names, calling, and description. The Siamese officers of the Government stations in the interior may, at any time, call for the production of this pars, and immediately on its being exhibited, they must allow the parties to proceed; but it will be their duty to detain those persons who, by travelling without a pass from the Consul, render themselves liable to the suspicion of their being deserters; and such detention shall be immediately reported to the Consul. Art. VI.-All British subjects visiting or residing in Siam shall be allowed the free exercise of the Christian religion and li erty to build churches in such localities as shall be consented to by the Siamese authorities. The Siamese Government will place no re triction upon the employment by the English of Siamese subjects as servants, or in any other capacity. But whenever a Siamese subject belongs to or owes service to some particular master the servant who engages himself to a British subject without the consent of his master may le reclaimed by him; and the Siamese Government will not enforce an agreement between a British subject and any Siamese in his employ, unless made with the knowledge and consent of the master who has a right to dispose of the services of the person engaged.

      Art. VII-British ships of war may enter the river, and anchor at Paknaw, but they shall not proced above Paknam, unless with the consent of the Siamese suthorities, which shall be given when it is necessary that a ship shall go into dock for repairs. Any British ship of war conveying to Siam a public functionary accredited by Her Majesty's Government to the Court of Bangkok shall be allowe I to come up to Bangkok, but shall not pass the forts called Pong Phrachamit and Pit-patch-nuck, unless expressly permitted to do so by the Siamese Government; but in the absence of a British ship of war, the Siamese authorities engage to furnish the Consul with force sufficient to enable him to give effect to his authority over British subject", and

9 enforce discipline among British shipping.

Digitized by Google

180

TREATY BETWEEN GREAT BRITAIN AND SIAM

Art. VIII.-The measurement duty hitherto paid by British vessels trading to Bangkok under the Treaty of 1826 shall be abolished from the date of this treaty coming into operation, and British shipping and trade will benceforth be only subject to the payment of import and export duties on the goods landed or shipped. On all articles of import the duties shall be three pr cent., payable at the option of the importer, either in kind or money, calculated upon the market value of the goods. Drawback of the full amount of duty shall be allowed upon goods found unsaleable and re-exported. Should the British merchaut and the Custom-house officers dis- agree as to the value to be set upon imported articles, such disputes shall be referred to the Consul and proper Siamese officer, who shall each have the power to call in an equal number of merchants as assessors, not exceeding two on either side, to assist them in coming to an equitable decision.

Opium may be imported free of duty, but can only be sold to the opium farmer or his agents. In the event of no arrangement being effected with them for the sale of the opium, it shall be re-exported, and no impost or duty shall be levied thereon. Any infringement of this regulation shall subject the opium to seizure and confisca-

tion.

Articles of export from the time of production to the date of shipment shall pay . one import duty, whether this be levied under the name of inland tax, transit duty, or duty on exportation. The tax or duty to be paid on each article of Siamese produce previous to or upon exportation is specified in the tariff attached to this Treaty; and it is distinctly agreed that goo is or pro tuce which pay any description of tax in the interior shall be exempted from any further payment of the duty on exportation:

     English merchants are to be allowed to purchase directly from the producer the articles in which they trade, and in like manner to sell their goods directly to the parties wishing to purchase the sam, without the interference, in either ease, of any other person.

The rates of duty laid down in the tariff attached to this Treaty are those that are now paid upon goods or produce shipped in Siamese or Chinese vessels or junks; and it is agreed that British shipping shall enjoy all the privileges now exercised by, or which hereafter may be granted to Siamese or Chinese vessels or junks.

British subjects will be allowed to build ships in Siam, on obtaining permission to do so from the Siamese authorities.

     Whenever a scarcity may be apprehended of salt, ric, or fish, the Siamese Government reserve to themselves the right of prohibiting, by public proclamation, the exportation of these articles.

Bullion or personal effects may be imported free of charge.

:

     Art. IX.-The code of regulations appended to this Treaty shall be enforced by the Consul, with the co-operation of the Siamese authorities; and they, the said authorities and Consul, shall be enabled to introduce any further regulations which may be necessary in order to give effect to the objects of this Treaty.

All fines ant penalties inflicted for infraction of the provisions and regulations

of this Treaty shall be paid to the Siamese Government.

Until the British Consul shall arrive at Bangkok, and enter upon his functions, the consignees of British vessels shall be at liberty to settle with the Siamese authorities all questions relating to their trade.

     Art. X.-The British Government and its subjects will be allowed free and equal participation in any privileges that may have been, or may hereafter be, granted by the Siamese Government to the government or subject of any other nation.

Art. XI.-After the lapse of ten years from the date of the ratification of this Treaty, upon the desire of either the British or Siamese Government, and on twelve months' notice being given by either party, the present and such portions of the Treaty of 1826 as remain unrevoked by this Treaty, together with the Tariff and the Regulations hereunto annexed, or those that may hereafter be introduced, shall be subject to revision by Commissioners appointed on both sides for this purpose, who will be empowered to decide on and insert therein such amendments as experience shall prove to be desirable.

Digitized by Google

GENERAL REGULATIONS UNDER WHICH BRITISH TRADE

IS TO BE CONDUCTED IN SIAM

Art. I.-The master of any English ship coming to Bangkok to trade must, either before or after entering the river, as may be found convenient, report the arrival of his vessel at the Custom-house at Pakam, together with the number of his crew and guns, and the port from whence he comes. Upon anchoring his vessel at Paknam, be will deliver into the custody of the Custom-house officers all his guns and ammunition; and a Custom-house officer will then be appointed to the vessel, and will proceed in her to Bangkok.

Art. II.-A vessel passing Paknam without discharging her guns and ammuni- tion as directed in the foregoing regulation will be sent back to Paknam to comply with its provisions, and will be fired eight hun red ti als for having so disobeyed. After delivery of her guns and ammunition she will be permitted to return to Bangkok to trade.

Art. III-When a British vessel shall have cast anobor at Bangkok, the master, unless a Sunday should intervene, will within four and twenty hours after arrival proceed to the British Consulate, and depo it there his ship's papers, bills of lading, &c., together with a true manifest of his import cargo; and upon the Consul's reporting these particulars to the Custom-house, permission to break bulk will at once be given by the latter.

For neglecting so to report his arrival or for presenting a false manifest, the master will subject himself, in each instance, to a penalty of four hundred ticals; but he will be allowed to correct, within twenty-four hours after delivery of it to the Consul, any mistake he may discover in his man fest, without incurring the above- mentioned penalty.

       Art. IV-A British vessel breaking bulk, and commencing to discharge, before due permission shall be obtained, or smuggling, either when in the river or outside the bar, shall be subject to the penalty of eight hundred ticals and confiscation of the goods so smuggled or discharged.

Art. V.-As soon as a British vessel shall have di-charged her cargo, and completed her outward lading, paid all her duties and delivered a true manifest of her outward cargo to the British Consul, a Siamese port-clearance hall be granted her on application from the Consul, who in the absence of any legal impediment to her departure, will then return to the master his ship's papers, and allow the vessel to leave. A Custom-house officer will accompany the vessel to Paknam; and on arriving there she will be inspected by the Custom-house officers of that station, and will rec.ive from them the guns and ammunition previously delivered into their charge. The above regulations, numbered from 1 to 5, are obligatory under the treaty concluded letween Great Britain and Siam; those which follow, numbered from 6 to 14, are equally to be observed by masters of British vessels and their crews.

Art. VI.-Masters of British vessels, when reporting their arrival at Her Majesty's Consulate at the port of Bangkok, as irected by the fourth regulation above quoted, shall notify in writing the names of all passengers and persons not forming part of the registered crew.

Notice must likewise be given of the number and names of persons, who, as passengers or in any other capacity (seamen borne on the muster-roll excepted), in- tend to leave Siam in a British vessel.

      Art. VII.-Seamen, lascars, and others belonging to British vessels in the port. are strictly prohibited to wear side knives and other weapons while on shore.

Art. VIIL-Should any seaman or apprentice absent himself without leave, the master will report his absence, if such exceeds twenty-four hours, at the Consulate offices.

Art. IX.-Any British subject who entices a seaman or apprentice to desert, inais, according to the Merchant Shipping Act. 1854, paragraph 257, a penalty not exceeding ten pounds; or any such subject who wilfully harbours or secretes a person deserted from his ship incurs a penalty not exceeding twenty pounds, if it be proved that be bad knowledge of his being a deserter.

Digitized by

Google

162

TARIFF OF DUTIES-SIAM

    In default of the payment of such fines, the offender is to be imprisoned in the Consular gaol for any term not exceeding three months, with or without hard labour,

    Art. X.-All cases of death, and especially of sudden death, occurring on board of British vessels in the port of Bangkok must be immediately reported at the Consulate.

    Art. XI. The discharge of guns from vessels anchored in the port of Bangkok, without notice having been previously given, and permission obtained through H.M. Consul from the proper Siamese authority, is forbidden, under a penalty not exceed ing ten pounds.

Act. XII-It is strictly prohibited to shoot birds within the precincts of the Wats or Temples, either in Bangkok or elsewhere within the Siamese dominions, or to injure or damage any of the statues cr figures, the trees or shrubs in such localities of Siamese worship; any British subject or seaman of a British vessel guilty of such an act renders himself liable to a penalty not exceeding twenty pounds, or in default thereof to an imprisonment in the Consular gaol for a period of not more than one month.

Art. XIII.-When a vessel under the British flag is ready to leave the port of Bangkok, the master will give notice at the Consulate office, and hoist a blue peter twenty-four hours before departure, which is to fly until she breaks anchorage.

    Art. XIV.-Should any vessel take in or discharge cargo subsequent to the issue of the Siamese port clearance, as directed by the fifth regulation above quoted, the master, as in a case of smuggling, subjects himself to a penalty of 800 ticals (equal to £100), and goods so taken or discharged will be liable to confiscation.

Art. XV. Every fine or penalty levied under these regulations is (if not paid in sterling money) at the rate of eight ticals Siamese currency for one pound.

   Tariff of Export and Inland Duties to be levied on Articles of Trade. I-The undermentioned Articles shall be entirely free from Inland or other taxes, on production of transit pass, and shall pay Export Duty as follows:-

TICAL SALUNG FUANG

10

 1 Ivory 20-mboge

3 Rhinoceros' horns 4 Cardamons best..

5 Cardamons, bastard

6 Dried mnssels

7 Peliosna' quills

8 Betel nat, dried

9 Krachi wood....

10 Sharks' fins, white.

11 Sharks' fins, black.................................................................................

12 Lukkrabau seed

13

Peacocks' tails

14

Buffalo and cow bones

ló Rhinoceros' hides

16 Hide out ings

17 Turtle shell

18 Soft ditto

19 Beche-de-mer

30 Fish maws

23 Cutch

21 Birds' nests, uncleane:1

23 Kingfishers' feathers.

24 Boyche seed (Nax Vomica)

25 Pungtarai seed

28 Gum Benjamin

27 Angrai bark

28 Agilla wood

29 Ray skins

80 Old deers' horns

31 Soft, or young ditto

82 Deer hides, fine

38 Deer hides, comm ́n

31 Deer sinews 35

Buffalo and cow hides

50

14

10

OCMOONOON-0000

HUN

0 pr pical

34

11

"

**

per

J

100 taila

3 por picul

#

*

3

20 per cent

6

per 100

ONNRONCO

2

DYONMOOR❤4-

10 per cont

0

3

1

OOOO

per pioul

#1

"

*

◊ per 100 hides V per pioul

"

Digitized by Google

168

38 Elephanta' bones 37 Tigers' bones 33 Buffalo horns 39 Elephants' hides.. 40 Tigers' skin

41

Armadillo skins

42 Sticklac

43 Hemp

44 Dried Fish, Plaheng

45 Dried Fish, Plusalit 46 Sapanwood

47 Salt meat

TARIFF OF DUTIES-SIAM

TICAL

1

SALUNG Fuang

Hon

per picul

per skin per picul

**

#

"

13

48 Mangrove bark

49 Rosewood

60 Ebony.

51 Rice..

4

        II.-The undermentioned Articles being subject to the Inland or herein named, and which shall not be increased, shall be exempt from

52 Sugar, White

53 Sugar, Red

54 Cotton, clean and uncleaned

55 Paper

66 Salt fish, Plat

57

Beans and Peas

68 Dried Prawns

59 Tilseed

60 Silk, raw

TICAL

0

O

SALUNG FUANG

8

10 per cert

1

one twelfth

one twelfth

one twelfth

oue twelfth

one fifteenth

#1

"

per koyan Transit duties export duty.

A UN

per picul

0 p.

1,000 đoà

61

Bees' WAX

Tawool

63

Salt

64

Tobacco

0 per picul

0

per koyan

0 p. 1,000 biles

       III.-All goods or produce unenumerated in this Tariff shall be free of Export Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceeding the rate now paid.

Digitized by

Google

Preamble.

6 and 7 Vict. 6. 80.

       6 and 7 Viet. -4.94.

ORDERS IN COUNCIL

ORDER OF HER MAJESTY THE QUEEN IN COUNCIL,

FOR THE GOVERNMENT OF HER MAJESTY'S SUBJECTS IN CHINA AND JAPAN.

At the Court at Windsor, the 9th day of March, 1865. PRESENT:-

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL WHEREAS an Act of Parliament was passed in the Session of the sixth and seve: th years of Her Majesty's reign (chapter eighty) "for the better government of Her Majesty's subjects resorting to China":

And whereas, by the Act it was enacted (among other things) that it should be lawful for Her Majes y, by any Order or Orders made with the advice of Her Privy Council, to ordain for the government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China, any law or ordinance which to Her Majesty in Council might seem meet, as fully an effectually as any such law or ordinance could be made by Her Majesty in Council for the government of Her Majesty's subjects being within Her Majesty's Island of Hongkong:

And whereas, another Act of Parliament was passed in the same Session (chapter ninety-four) "to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual" (to which Act the expression "The Foreign Jurisdiction Act when hereafter used in this Örder refers):

**

And whereas, by the Foreign Jurisdiction Act it was enacted (among other things) that it was and should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty then had, or might at any time hereafter have, within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or con- quest of territory:

And whereas, Her Majesty has had and now has power and jurisdic tion in the dominions of the Emperor of China, and in the dominions ot the Tycoon of Japan:

And whereas, Her Majesty was pleased from time to time, by and with the advice of Her Privy Council, by Orders in Council of the several dates in the Schedule to this Order specified, to ordain laws and ordinances for the better government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within certain ships or vessels at a distance of not more than one hundred miles from the coast of China and to make provision for the exercise of Her Majesty's power and jurisdiction aforesaid in the dominions of the Emperor of China and of the Tycoon of Japan respectively :

And whereas, it has seemed to Her Majesty, by and with the advice of Her Privy Council, to be expedient at the present time to revise the provisions of the said Orders, and to ordain further and other laws and ordinances for the better government of Her Majesty's subjects being

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

155

within the dominions of the Emperor of China, or being within such ships or vessels as aforesaid, and to make further and other provision for the dae exercise of Her Majes'y's power and jurisdiction aforesaid, and ar ticularly for the more regular and efficient adminstration of justice among Her Majesty's subjects resident in or resorting to the dominions of the Emperor of China or of the Tycoon of Japan :

And whereas, under the authority of provisions in this behalf in the first-recited Act contained, ordinances for the peace, order, and good government of Her Majesty's subjects within the dominions of the Em- peror of China, or being within certain ships or vessels at a distance of not more than one hundred miles from the coast of China, have been from time to time made by the Superintendent of the Trade of Her Majesty's subjects in China (such Superintendent being also the Governor of Hong- kong), with the advice of the Legislative Council of Hongkong, which ordinances are known as Consular Ordinances :

And whereas such of those Consular Ordinances as are described in the Schedule to this Order are now in force, wholly or in part, but they are liable to repeal by order of Her Majesty in Council, and it is expedient that they be repealed, such of their provisions as are not intended to be abrogated being consolidated with this Order:

Now, therefore, Her Majesty, by virtue of the powers in this behalf by the first recited Act and The Foreign Jurisdiction Act, or either of them, or otherwise in Her vested, is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:

I.-PRELIMINARY.

1. This Order may be cited as The China and Japan Order in Coun- Short Titia, cil, 1865.

2. In this Order-

*

The term "China" means the dominions of the Emperor of China: The term "Japan means the dominions of the Tycoon of Japan: The term "Minister" means the superior diplomatic representative of Her Majesty for the time being, whether Ambassador, Envoy, Minister Plenipotentiary, or Chargé d'Affaires.

The term "Chief Superintendent of Trade" means the Superintendent of the trade of Her Majesty's subjects in China for the time being, or any person for the time being authorized to act as such: The term "Consular Officer" includes every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person authorized to act in any such capacity in China or Japan:

"

The term "British vessel

includes every vessel bing a British ship within the meaning of The M rchant Shipping Act, 1854, or any other Act of Parliament for the time being in force for the regulation of merchant shipping,-and any vessel owned wholly or in part by any person entitled to be the owner of a British ship in the sense aforesaid,-and any vessel provided with sailing- letters from the Governor or Officer administering the Govern- ment of Hongkong, or from the Chief Superintendent of Trade : The term "Treaty" includes Convention, and any Agreement, Regula-

tions, Rules, Article, Tariff, or other instrument annexed to Treaty, or agreed on in pursuance of any stipulation thereof. The term "month" means calendar month :

Words importing the plural or the singular may be construed as referring to one person or thing or more than one person or thing, and words importing the masculine as referring to females (as the case may require).

Interpretation,

Digitized by

Google

British subjects.

Foreigners.

Her Majesty's

jurisdiction to

be exercised

Order.

158

ORDER IN COUNCIL

3. The provisions of this Order relating to British subjects apply to all subjects of Her Majesty, whether by birth or by naturalization.

The provisions of this Order relating to foreigners apply to subjecta of the Emperor of China and of the Tycoon of Japan respectively, and subjects or citizens of any State other than China or Japan (not being enemies of Her Majesty).

II.-GENERAL Provisions respecting Her Majesty's

JURISDICTION.

4. All Her Majesty's jurisdiction exercisable in China or in Japan for the judicial hearing and determination of matters in difference between socording to this British subjects, or between foreigners and British subjects,-or for the administration or control of the property or persons of British subjects,-or for the repression or punishment of crimes or offences committed by British subjects, or for the maintenance of order among British subjects,-shall be exercised under and according to the provisions of this Order, and not otherwise.

Law of England

tered.

5. Subject to the other provisions of this Order, the civil and criminal to be adminis jurisdiction aforesaid shall, as far as circumstances admit, be exercised upon the principles of and in conformity with the Common Law, the Rules of Equity, the Statute Law, and other Law for the time being in force in and for England, and with the powers vested in and according to the course of procedure and practice observed by and before Courts of Justice and Justices of the Peace in England, according to their respective jurisdictions and authorities.

What to be daemed criminal Nots.

Style and seal of Dupreme Court.

Place of sitting.

Judge. Appointment.

Qualification.

Deputy of Judge.

6. Except as to offences made or declared such by this Order, or by any Regulation or Rule made under it-

Any act other than an act that would by a Court of Justice having criminal jurisdiction in England be deemed a crime or offence making the person doing such act liable to punishment in England, shall not, in the exercise of criminal jurisdiction under this Order, be deemed a crime or offence making the person doing such act liable to punishment.

III.-CONSTItution of Her Majesty's Court. 1.-The Supreme Court at Shanghai.

7. There shall be a Court styled Her Britannic Majesty's Supreme Court for China and Japan.

The Supreme Court shall have a seal bearing its style and such device as one of Her Majesty's Principal Secretaries of State from time to time directs.

8. The Supreme Court shall hold its ordinary sittings at Shanghai, or, on emergency, at any other place within the district of the Consulate of Shanghai; but may at any time transfer its ordinary sittings to any such place in China as one of Her Majesty's Principal Secretaries of State or Her Majesty's Minister in China approves.

9. There shall be one Judge of the Supreme Court.

He shall be appointed by Her Majesty, by warrant under her Royal sign manual.

He shall be a subject of Her Majesty (by birth or naturalization) who at the time of his appointment is a member of the bar of England, Scotland, or Ireland, of not less than seven years' standing, or has filled the office of Assistant Judge or Law Secretary in the Supreme Court, or the office of Judge or Legal Vice-Consul or Law Secretary in Her Majesty's Consular Eervice.

10. The Judge may from time to time, in case of his absence or in- tended absence from the district of the Consulate of Shanghai, either in the discharge of his duty or with permission of one of Her Majesty's Principal Secretaries of 8:ate, or in case of illness, appoint, by writing under his hand and the seal of the Supreme Court, a fit person to be his

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

157

deputy for the time therein mentioned; but every such appointment shall be revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.

       The person so appointed shall, during the continuance of his appoint- nent, have all the like power and authority as the Judge.

11. During a vacancy in the office of Judge, or on emergency, a fit Acting Judge, person approved by one of Her Majesty's Principal Secretaries of State, or

      (in the absence of notice to Her Majesty's Minister in China of any such approval) by Her Majesty's Minister in China, may temporarily be and act

as Acting Judge, with all the powers and authority of the Judge.

12. There shall be attached to the Supreme Court-

(1.) An Assistant Judge,

(2.) A Law Secretary,

(3.) So many officers and clerks as one of Her Majesty's Principal

Secretaries of State may from time to time think fit.

Assistant Judge, Law Secretary, Officers, and Clerks.

Assistant Judge.

        13. The Assistant Judge shall be appointed by Her Majesty, by war- Appointment of rant under Her Royal sign manual.

Assistant Judge

        14. The Assistant Judge shall hear and determine such matters and Duties of questions arising in suits and proceedings of a civil nature, originally insti- in civil cases. tuted in the Supreme Court, as are from time to time especially referred to him by the Judge; and in every such case any party to the suit or pro- ceeding shall be entitled as of course to a re-hearing before the Judge.

        15. The Assistant Judge shall hear and determine in summary way such criminal charges originally brought before the Supreme Court as may be lawfully so heard and determined, and as are from time to time referred to him by the Judge.

In oriminal

Judge.

16. In case of the absence or illness of the Assistant Judge, or during Acting Assistant a vacancy in the office of Assistant Judge or during the temporary employ- ment of the Assistant Judge in any other capacity, or on emergency, the Judge may, by writing under his hand and the seal of the Supreme Court, appoint the Law Secretary, or any fit person approved by one of Her Majesty's Principal Secretaries of State, or by Her Majesty's Minister in China, to act as Assistant Judge for the time therein mentioned;

                                        but every much appointment shall be revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.

The Law Secretary, or other person so appointed, shall during the continuance of his appointment, have all the power and authorities of the Assistant Judge.

Law Secretary.

        17. The Law Secretary shall be appointed by Her Majesty by warrant Appointment of under Her Royal sign manual.

18. The Law Secretary shall be the Registrar of the Court. 19. The Law Secretary shall hear and determine such matters and questions arising in suits and proceedings of a civil nature originally instituted in the Supreme Court as the Judge from time to time for the despatch of urgent business thinks fit to refer especially to him, but in every such case any party to the suit or proceeding shall be entitled, as of course, to a rehearing before the Judge.

Law Secretary to be Registrar.

Duties of Law Secretary in

prosecutions.

       20. The Law Secretary shall discharge such duties in connection with In criminat the conduct of criminal prosecutions as the Judge from time to time directs.

       21. The Law Secretary shall hear and determine in a summary way In hearing such criminal charges originally brought before the Supreme Court as may criminal onsen. be lawfully so heard and determined, and as the Judge from time to time for the despatch of urgent business thinks fit to refer specially to him.

Secretary.

       22. In case of the absence or illness of the Law Secretary, or during Acting Low & vacancy in the office of Law Secretary, or during the temporary employ ment of the Law Secretary in any other capacity, or on emergency, the Jadge may, by writing under his hand and the seal of the Supreme Court,

Digitized by

Google

   Tenure of office of Judge,

Assistant Judgr,

and Law Becretary.

Consular offlours temporarily attached,

Provincial Courts to be held by Consule

   or by acting Consule or Vice-Consuls.

168

ORDER IN COUNCIL

appoint any fit person approved by one of Her Majesty's Principal Secre- taries of State, or by Her Majesty's Minister in China, to act as Law Secretary for the time therein mentioned; but every such appointment shall be revocable at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.

The person so appointed shall, during the continuance of his appoint- ment, have all the power and authority of the Law Secretary.

23. The Judge, Assistant Judge, and Law Secretary shall hold office during the pleasure of Her Majesty, but any war ant of appointment to the office of Judge, Assistant Judge, or Law Secretary shall not be vacated by reason only of a demise of the Crown.

In case at any time Her Majesty thinks fit by warrant under Her Royal sign manual to revoke the warrant appointing any person to be Judge, Assistant Judge, or Law Secretary, or while there is a Judge, Assistant Judge, or Law Secretary in office, thinks fit by warrant under Her Royal sign manual to appoint another person to be Judge, Assistant Judge, or Law Secretary (as the case may be),-then and in every such case, until the warrant of revocation or of new appointment is notified by Her Majesty's Minister in China to the person holding office, all powers and authorities vested in that person shall continue and be deemed to have continued in as full force,- and he shall continue and be deemed to have continued entitled to all the privileges and emoluments of the office as fully, and all things done by him shall be and be deemed to have been as valid in law,-as if such warrant of revocation or new appointment had not been made.

24. One of Her Majesty's Principal Secretaries of State may, and Her Majesty's Ministers in China and Japan respectively, with the approval of the Judge of the Supreme Court in each instance first obtained, from time to time temporarily attach to the Supreme Court any persons holding appointments as Consuls or Vice-Consuls.

Every person so attached shall discharge such duties in connexion with the Court as the Judge from time to time, with the approval of one of Her Majesty's Principal Secretaries of State, directs, and shall have the like power and authority as the Assistant Judge or Law Secretary has, according as in each case the nature of the duties directed to be discharged by the person so attached may require.

2.--The Provincial Courts.

25. Each of Her Majesty's Consuls-General, Consuls, and Vice- Consuls (holding a commission as such from Her Majesty) resident in or Vice-Consuls China or in Japan (with the exception of Her Majesty's Consuls at Shanghai, (commissioned), and with such other exceptions as one of Her Majesty's Principal Secre- taries of State at any time thinks fit to make), or any person acting temporarily, with the approval of one of Her Majesty's Principal Secre taries of State or of Her Majesty's Minister in China or in Japan, as and for a Consul-General, Consul, or Vice-Consul, so commissioned as afore- said,-shall, for and in his own Consular district, hold and form & Court styled Her Britannic Majesty's Court, at [Canton or as the case may be], hereafter in the Order called a Provincial Court.

Seal

Qualidest

of

Each Provincial Court shall have a seal bearing its style and such device as one of Her Majesty's Principal Secretaries of State from time to time directs.

IV.-JURIES.-ASSESSORS.

26. Every male British subject resident in China or in Japan,-being of the age of 21 years or upwards,--being able to speak and read English, -having or earning a gross income at the rate of not less than 250 dollars year,--not having been attainted of treason or felony or convicted of any

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

159

crime that is infamous (unless he has obtained a free pardon) and not being under outlawry,-shall be qualified to serve on a jury.

       27. All persons so qualified shall be liable so to serve, except the Exemptions, following:-

Persons in Her Majesty's Diplomatic, Consular, or other Civil service

in actual employment;

Officers, clerks, keepers of prisons, messengers, and other persons

attached to or in the service of any of Her Majesty's Courts; Officers and others on full pay in Her Majesty's Navy or Army, or in actual employment in the service of any Department connected therewith;

Persona holding appointments in the Civil service, and Commissioned Officers in the Naval or Military service of the Emperor of China or of the Tycoon of Japan;

Clergymen and ministers in the actual discharge of professional duties; Advocates and attorneys in actual practice;

Puysicians, surgeons, and apothecaries in actual practice;

And except persons disabled by mental or bodily infirmity.

28. On or before the 14th day of September, in the year 1865, and on of Making of jury before the 14th day of January in every subsequent year, each Court shall list. make ont a list of the persons so qualified and liable, resident within its district.

        The list shall, on or before the 21st day of the same respective month, be affixel in some conspicuous place in the Court, and shall be there exhibited until the end of that month, with a notice annexed that on a day specified, not being sooner than the 7th nor later than the 14th day of the then next month, the Court will hold a special sitting for the revision of the list.

The Court shall hold such special sitting accordingly, and at such sitting, or at some adjournment thereof (of which public notice shall be given), shall revise the list by striking out the name of any person appearing to be not qualified or not liable to serve, and by inserting the name of any person omitted and appearing to be so qualified and liable, either on the application of the person omitted, or on such notice to him as the Court thinks fit.

        The list shall be finally revised and settled not later than the 21st day of October in the year 1865, and not later than the 21st day of February in every subsequent year, and when settled shall be affixed in some conspicuous place in the Court, and be there exhibited during not less than two months.

Such list as set led shall be brought into use in the year 1865, on the 1st day of November, and in every subsequent year on the 1st day of March, and in every case shall be used as the jury fist of the Court until the lat day of March next after the time of its being brought into use.

attend snee of Jurors.

29. Where, in pursuance of this Order, a jury is ordered, the Court Summoning and shall, summon so many of the persons comprised in the Jury list, not fewer than fifteen, as seem requisite.

        Any person failing to attend according to such summons shall be Pensity. liable to such fine, not exceeding 50 dollars, as the Court thinks fit to impose.

#

       Any such fine shall not be levied until after the expiration of 14 days. The proper officer of the Court shall forthwith give to the person fined notice in writing of the imposition of the fine, and require him within six days after receipt of the notice to file an affidavit excusing his Don-attendance (if he desires to do s1). The Court shall consider the affidavit, and may, if it deem proper, remit the fine.

30. A jury shall consist of five jurors.

Number of jury

Digitized by

Google

160

Challenges.

Unanimity.

Provincial

Consular

Court.-

Assessors, thamber;

qui Ha a Tons

and functions.

Ordinary original

Juristiction of

ORDER IN COUNCIL

31. In civil and in criminal cases the like challenges shall be allowed as in England, with this addition, that in civil cases each party may challenge three jurors perem, torily.

32. A jury shall be required to give an unanimous verdict.

33. Where a Provincial Court proceeds, in pursuance of this Order, to bear and determine any case, civil or criminal, with Assessors, the Court shall nominate and summon as Assessors, not less than two and not more than four indifferent British subjects of good repute, resident in the district of the Court.

Where, however, by reason of local circumstances, the Court is able to obtain the presence of one fit person only as Assessor, the Court may sit with him alone as Assessor; and where for like reason the Court is not able to obtain the presence of any fit person as Assessor, the Court may (notwithstanding anything in this Order) sit without an Assessor; but in every such case the Court shall record in the minutes of proceedings its reasons for sitting with one Assessor only, or without an Assessor.

34. An Assessor shall not have voice or vote in the decision of the Court in any case, civil or criminal; but an Assessor dissenting in a civil case from any decision of the Court, or in a criminal case from any decision of the Court, or the conviction, or the amount of punishment awarded, may record in the minutes of proceedings his dissent and the grounds thereof; and an Assessor dissenting shall be entitled to receive gratis a certified copy of the minutes.

V.-Jurisdiction and Authorities of Her Majesty's Courts. I.-In General.

35. All Her Majesty's jurisdiction, civil and criminal, exercisable in China, shall, for and within the district of the Consulate of Shanghai, Supreme Court. be vested exclusively in the Supreme Court as its ordinary original

jurisdiction.

Jarlsdiction of Provincial Court.

     Concurrent Jurisdiction

of Supreme with Provincial Courts.

Visits to Provincial Courts.

36. All Her Majesty's jurisdiction, civil and criminal, exercisable in China, beyond the district of the Consulate of Shanghai and not under this Order vested exclusively in the Supreme Court, and all Her Majesty's jurisdiction, civil and criminal, exercisable in Japan and not under this Order vested exclusively in the Supreme Court, shall to the extent and in the manner provided by this Order be vested in the Provincial Courts, each for and within its own district.

37. The Supreme Court shall have, in all matters civil and criminal, an extraordinary original jurisdiction throughout China and Japan, concurrent with the jurisdiction of the several Provincial Courts, auch extraordinary ju isdiction to be exercised subject and according to the provis ous of this Order.

38. The Judge of the Supreme Court may, from time to time, visit in a magisterial or judicial capacity any Provincial Court, and there inquire of, or hear and determine, any case, civil or criminal, pending in that Court, or arising within its district,-or, from time to time, may appoint the Assistant Judge or the Law Secretary of the Supreme Court to visit in the like capacity and for the like purpose any Provincial Court. 39. A Provincial Court may, of its own motion, or on the application Provincial to of any person concerne 1, report to the Supreme Court the pendency of Inpreme Court.

any case, civil or criminal, which appears to the Provincial Court fit to be heard and determined by the Supreme Court.

durenes of onse

Geurts of Resord.

The Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly.

40. Every Court shall, in the exercise of every part of its respective jurisdiction, be a Court of Record.

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

41. The Judge of the Supreme Court may from time to time admit Barristers, fit persons to practice in the Supreme Court as barristers, attorneys, and attra solic tors, or in any of those capacities.

       The Judge of the Supreme Court may from time to time, subject to the approval of one of Her Majesty's l'rincipal Secretaries of State, make Rules for regulating the admission of persons to practise us aforesaid in Provincial Courts.

and solicitors.

Shanghai

       42. Her Majesty's Consul at Shanghai shall have all the powers and Consul at authorities of the Sheriff of a county in England, with all the privileges to be Sheriff. and immunities of the office, and as such Sheriff shall be charged with the execution of all decrees, orders, and sentences inade and passed by the Supreme Court, on the requisition in that behalf of the Supreme Court.

161

Provincial Court of writs, Ao.,

       43. Each Provincial Court shall exe ute any writ, or ler, or warrant Execution by issuing from the Supreme Court and directed to the Provincial Court, and may take security from any person named therein for his appearance from Supreme personally, or by attorney, according to the writ, order, or warrant; Court. or may cause such person to be taken, in custody or otherwise, to the Supreme Court, or elsewhere in China or Japan, according to the writ, order, or warrant.

writs, &c., from

       41. Any of Her Majesty's Courts in China or in Japan may execute Execution of any writ, order, or warrant issuing from the Supreme Court of Hongkong Hongkong. and accompanied by a request for such execution in writing under the seal of that Court; and may take security from any person named in any such writ, order, or warrant for his appearance personally, or by attorney, at Hongkong, or may cause any such person to be taken in custody, or other- wise, to Hongkong, according to the writ, order, or warrant.

Consular

       45. Any of Her Majesty's judicial or Consular Officers shall not be Protection of liable to action for the escape of any person taken under any writ, order, offers, or warrant of the Supreme Court of Hongkong.

auxiliary.

46. Her Majesty's several Courts in China and Japan shall be auxiliary Courts to be to one another in all particulars relative to the administration of justice, civil or criminal.

Provincial to Supreme Court.

Proreme Cou

       47. Each Provincial Court shall every six months furnish to the Report by Supreme Court for China and Japan a report respecting every case, civil and criminal, brought before it, in such form as the Judge of the Supreme Court from time to time directa.

II.-In Civil Matters. RECONCILIATION AND ARBITRATION.

       48. Every Court may promote reconciliation, and encourage and Settlement of facilitate the settlement in any amicable way of any suit or proceeding litigation. pending before it.

arbitration

49. A Court may, with the consent of the parties, refer to arbi ́ration Reference to the final determination of any suit or proceeding pending before it, or of by Court, all matters in reference between the parties, on such terms and with such directions as to appointment of an arbitrator and other things as may seem fit, and may, if it think fit, take from the parties, or any of them, security to abide by the result of the reference.

In any such case the award shall be final and conclusive.

       On the application of any party a decree of the Court may be entered in conformity with the award, and such decree shall not be open to any *ppeal or re-rearing whatever.

Arbitration made

       50. Every agreement for reference to arbitration, or submission to Reference to arbitration, by consent, may, on the application of any party, be made a rule of Court. rule of a Court havin: jurisdiction in the matter of the reference or sebmission, which Court shall thereupon have power and authority to enforce the agreement or submission and the award made thereunder, aud

6

Digitized by Google

Law and Equity.

Bankruptcy.

Coroner.

Admiralty.

Lunacy

Matrimonis) Causes.

Probate and

Adm.nis ration.

162

ORDER IN COU. CIL

to control and regulate the proceeding before and after the award in such manner and on such terms as may be just.

General Authorities of Courts.

51. The Supreme and every other Court shall be a Court of Law and Equity.

Special Authorities of Courts

52. The Supreme an every other Court shall be a Court of Bank- ruptcy, and as such shall, as far as circumstances admit, have (as to a Provincial Court, for and within its own district), with resp ct to British subjects and to their debtors and creditors, be ng either British subjects or foreigners submitting to the jurisdiction of the Court, all such juris- diction is for the time being belongs to the Court of Bankruptcy and the County Courts in E-gland, or to any other jud cial authority having for the tire being jurisdiction in Bankruptcy in England

53. Te Supr me and every other Court shall (as to a Provincial Cour, for and wi bin its own district) have and discharge all the powers, rights, and duties appertaining to the office of Coroner in England,- summoning when necessary a ju y of not less than three persuus com- pris d in the jury list of the Court.

Any person failing to attend according to such summons shall be liable to the lik fine, to be levied in the lik" manner, as in this Order provided with reference to juries in civil and criminal proceedings.

#t

54. The Supreme Court shall be a Vice-Admiralty Court, and as such shall, for and within China or Japan, and for vessels and persons coming to and within China or Japan, bave all such jurisd ct.on as for the time being ordinarily belongs to Vice-Admiralty Courts in Her Majesty's poss ssions abroad.

55. The Supreme Court shall, as far as circumstances admit, have in itselí exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction relative to the custody and management of the persons and estates of persons of unsound mind, as for the time bring Felon 8 to the Lord Chanc ́llor or other person or persons in England ilisted by virtue of Her Majesty's sign manual with the care and com- miment or the custody of the persons and estates of persons found by inquisition in England, idiot, lunatic, or of unsound mind.

56. The Supreme Court shall be a Court for Matrimonial Causes, and as such shall, as far as circumstances admit, have in itself exclusively, fo and within China and Japan, with respect to British subjects, all suci ju is iction, except the jurisdic iu relative to dissolution or nullity o juct tation of marriage, as for the time being belongs to the Court fo Divorce and Matrimonial Causes in England.

57. The Supreme Court shal! be a Court of Probate, and as such shall as far as circumstances admit, have for and within China and Japan, wit respect to the property of British subjects, having at the time of deat teir fixed places of abode in China or Japan, all such jurisdiction as fo the time be n belongs to Her Majesty's Court of Probate in England.

A Provincial Curt shall, however, also have power to grant probat or alministration where there is no contention respecting the right ↑ the grant, aud i is proved on oath that the deceased had at the time ( his death his fixed place of abode within the jurisdiction of the Provinci Court.

Probate or administration granted by a Provincial Court shall ba effect over all the property of the deceased within China and Japa and shall effectually discharge persons dealing with an executor or a ministrator thereunder, and that, notwithstanding any defect afterward appears in the grant.

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

163

       Such a grant shall not be impeachable by reason only that the de- eased had not at the time of his death his fixed place of abode within the particular jurisdiction.

58. Any person having in his possession or under his control any paper Testamentary writing of a deceased British subject. being or purporting to be testa peper to he

                                                      deposited in Centary, shall forthwith bring the original to the Court within the district Court. Thereof such person is a the time of his first knowle lge of the death of the deceased, and deposit it there.

Any person neglecting to do so for fourt en days after having know. Penalty. elge of the death of the deceased shall be liable to such penalty, not weeding 250 dollars, as the Court thinks fit to impose.

intestate unti

59. From the death of a British subject, having at the time of death Property of his fixed place of abode in China or Japan, intestate, unt 1 administration administration.

granted, his personal property within China and Japan shall be vested

in the Judge of the Supreme Court, as the personal property of an intestate in England is vested in the Judge of Her Majesty's Court of Probate there.

administration

         60. If any person, other than one of Her Majesty's Consular Officers, Penalty on takes possession of and in any manner administers any art of the personal without probate. property of any person decased, without obtaining probate or administra- tion within three months after the death of the deceased,- -or within one month after the termination of any suit or dispute respecting pr bate or administration (if there is any such which is not ended within two months after the death of deceased), he shall be liable to such penalty not ex- ceeding 500 dollars as the Court having jurisdiction in the matter of the property of the deceased thinks fit to impose; and in every such case the same fees shall be payable by the person so administering as would have been payable by him if he had obtained probate or administration.

61. When a British subject, not having at the time of death his fixed Taking posses

                                                             sion of property place of abode in China or Japan, dies there, the Court within whose dis- of deceased. trict he dies shall, where the circumstances of the ease appear to the Court so to require, forthwith on the death of the deceased, or as soon after as may be, take possession of his personal property within the particular jurisdiction, or put it under the seal of the Court (in either case, if the nature of the property or other circumstance so require, making an inven- tory) and so keep the property until it can be dealt with according to law.

Trial with a Jury.

62. Where a suit originally instituted in the Supreme Court relates Cases for trial to money, goods, or other property, or any matter at issue of the amount with Jury. or value of 1,500 dollars or upwards,-or is brought for recovery of dam- ages of the amount of 1,500 dollars or upwards, the suit shall, on the demand of either party, be, under order of the Court, tried with a Jury.

In any case (except where, according to the Rules of the Court, the suit is to be heard and determined in summary way) a suit so instituted may be tried with a jury, if the Court of its own motion, or on the ap- plication of either party, thinks fit so to order.

One of Her Majesty's Principal Secretaries of State may, by order under his hand, extend the present provision to any Provincial Court where it appears to him there is a sufficient Jury list.

Trial with Assessors.

Consular

63. Where a suit instituted in a Provincial Court relates to money, Provincial foods, or other property of a less amount or value than 1,500 dollars, -or Court.--caren does not relate to or involve, directly or indirectly, a question respecting for Assessors. any matter at issue of the amount or value of 1,500 dollars or upwards,-or s brought for recovery of damages of a less amount than 1,500 dollars,--- the Court may hear and determine the case without Assessors.

I

Digitized by

Google

        Powers of apprehension over British subjects.

       Accused escap ing to anether district.

      Backing of warrant issued in British dominions.

Sending o. prisoner to

trial.

164

ORDER IN COUNCIL

 In all other cases the Court (subject to the provisions of the Order respecting inability to obtain an Assessor) shall hear and determine the cases with Assessors.

III.-In Criminal Matters.

 64. Every Court may cause to be apprehended and brought before it any British subject being within the district of the Court and charged with having committed a crime or offence in China or in Japan, and may deal with the accused according to the jurisdiction of the Court and in conformity with the provisions of this Order; or where the crime or offence is triable, and is to be tried, in Her Majesty's dominions, may take the preliminary examination, and commit the accused for trial, aud cause or allow him to be taken to the place of intended trial.

65. Where a person charged with baving committed a crime or offence in the district of one Court escapes or removes from that district, and is found within the district of another Court, the Court within the district of which he is found may proceed in the case to examina'ion, indictment, trial, and punishment, or in a summary way (as the case may require) in the same manner as if the crime or offence had been committed in its own district;- -or may, on the requisition or with the consent of the Court of the district in which the crime or offence is charged to have been committed, send him in custody to that Court, or require him to give security for his surrender to that Court, there to answer the charge, and be dealt with according to law.

Where any person is to be so sent in custody, a warrant shall be issued by the Court within the district of which he is found, and such warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and carry him to and deliver him up

to the Court of the district within which the crime or offence was committed according to the warrant.

66. Where a warrant or order of arrest is issued by a competent authority in Her Majesty's dominions for the apprehension of a British subject, who is charged with having committed a crime or offence within the jurisdiction of the authority issuing the warrant or order, and who is, or is supposed to be, in China, or Japan, and the warrant or order is produced to any Court, the Court may back the warrant or order ; and the same, when so backed, shall be sufficient authority to any person to whom the warrant or order was originally directed and also to any constable or other officer of the Court by which it is backed, to apprehend the accused at any place where the Court by which the warrant or order is backed has jurisdiction, and to carry him to and deliver him up in Her Majesty's dominions according to the warraut or order.

67. Where any person is charged with the commission of a crime or Hongkong for offence, the cognizance whereof appertains to any of Her Majesty's Courts in China or Japan, and it is expedient that the crime or offence be enquired of, tried, determined, and punished within Her Majesty's dominions, the accused may (under the Foreigu Jurisdiction Act, section 4) be sent for trial to Hongkong.

Supreme

Oourt,-Jury.

The Judge of the Supreme Court may, where it appears expedient, by warrant under his hand and the seal of the Supreme Court, cause the accused to be taken for trial to Hongkong accordingly.

Where any person is to be so taken to Hongkong, the Court before which he is charged shall take the preliminary examination, and shall send the depositions to Hongkong, and (if it seems necessary or proper) may bind over such of the proper witnesses as are British subjects in their own recognizances to appear and give evidence on the trial.

68. All crimes which in England are capital shall be tried by the Judge of the Supreme Court with a jury.

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

165

Other crimes and offences above the degree of misdemeanour, tried before the Judge. Assistant Judge, or Law Secretary of the Supreme Court, and not heard aud determined in a summary way, shall be tried with a jury.

        Any crime or offence tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court may be tried with a Jury, where the Judge, Assistant Judge, or Law Secretary so directs.

       Subject to the foregoing provision, such classes of criminal cases Summary tried before the Judge, Assistant Judge, or Lav Secretary of the Supreme jurisdiction. Court, as the Judge, having regard to the law and practice existing in England, from time to time directs, shall be heard and determined in a summary way.

1

Sentence of

69. Where any person is sentenced to suffer the punishment of death, Senten the Judge of the Supreme Curt shall forthwith send a report of the sentence, with a copy of the inutes of proceedings and notes of evidence in the case and with any observations the Judge thinks fit, to Her Ma- jesty's Minister in China or in Japan, accor ling as the crime is committed in China or in Japan.

The sentence shall not be carried into execution without the direction of Her Majesty's Minister in China or in Japan (as the case may be) in writing under his band.

In any such case, if Her Majesty's Minister in China in or Japan (as the case may be) does not direct that the sentence of death be carried into execution, he shall direct what punishment in lieu of the punishment of death is to be inflicted on the person convicted, and the person convicted shall be liable to be so punished accordingly.

Consular

       70. Where the crime or offence with which any person is charged Provinsial before a Provincial Court is any crime or offence other than assault Court, endangering life, cutting, maiming, arson, or house-breaking, and appears Procedure, to the Court to be such that, if proved, it would be adequately punished by imprisonment, with or without hard labour, for a term not exceeding three months, or by a fine not exceeding 201) dollars, the Court shall hear and determine the case in a summary way, and without Assessors.

          In other cases the Court shall hear and determine the case on indict- ment and with Assessors (subject to the provisions of this Order respect- ing inability to obtain an Assessor).

Punishment,

       71. A provincial Court may impose the punishment of imprisonment and extent of for any term not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding 1,000 dollars, or the punishment of a fine not exceeding 1,000 dollars without imprisonment.

of oase by

       72. Where the crime or offence with which any person is charged Reservation before a Provincial Court appears to the Court to be such that, if proved, Provinent for it would not be adequately punished by such punishment as the Court Supreme Court,

power to impose, and the accused is not to be sent for trial to Her Majesty's dominions, the Court shall reserve the case to be heard and determined by or under the special authority of the Supreme Court.

has

The Provincial Court shall take the depositions, and forthwith send them, with a winute of other evidence, if any, and report on the case, to the Supreme Court.

       The Supreme Court shall direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly.

regarded.

73. Every Court and authority in imposing and inflicting punish- Punishment in ments, and Her Majesty's Ministers in China and Japan in directing gland in be what punishment is to be inflicted in lieu of the punishment of death, shall have regard, as far as circumstances admit, and subject to the other provisions of this Order, to the punishments imposed by the law of Eng-

i

Digitized by

Google

      Payment of expenses by sender;

or by accuser-

      Recovery of Kuponses.

       Mitigation or remission of punishment.

see of prisonment

China or

mprisonment

British dominions.

In criminal usses, reports to Secretary of Btate.

166

ORDER IN COUNCIL

land in like cases, and to the mode in which the same are inflicted in England.

 74. Any Court (but, in the case of a Provincial Court, subject to the approval of the Supreme Court) may order any person convicted before it of any crime or offence to pay all or any part of the expenses of, or preliminary to, his trial and of his imprisonment or other punishment.

75. Where it appears to any Court that any charge made before it is malicious, or is frivolous and vexatious, the Court may order all or any part of the expenses of the prosecution to be paid by the person making the charge.

 76. In either of the two last-mentioned cases, the amount ordered to be paid shall be deemed a debt due to the Crown, and may by virtue of the order, without further proceedings, be levied on the property of the person convicted or making the charge, as the case may be.

77. Where any punishment has been awarded by the Supreme or any other Court, then, if the circumstances of the case make it just or expedient, the Judge of the Supreme Court may at any time, and from time to time, report to one of Her Majesty's Principal Secretaries of State, or to Her Majesty's Minister in China or in Japan (according as the crime or offence was committed in China or Japan) recommending a mitigation or remission of the punishment; and on such recommendation any such punishment may be mitigated or remitted by direction of the authority to whom the report is made.

But no such recommendation shall be made with respect to any punishment awarded by a Provincial Court, except on the recommendation of that Court, or on the dissent of an Assessor (if any from the conviction,, or from the amount of punishment awarded.

78. The Judge of the Supreme Court may, whe)re it seems expedient by warrant under his hand and the seal of the Supreme Court, cause any offender convicted before any Court and sentenced to imprisonment, to be taken to and imprisoned at any place in China or in Jajan, from time to time, approved by one of Her Majesty's Principal Secretaries of State as a place f imprisonment for offenders.

A warrant of the Supreme Court shall be sufficient authority to the Governor or keeper of such place of imprisonment, or other persons to whom it is directed, to receive and detain there the person therein named, according to the warrant.

79. Where any offender convicted before a Court in China or in Japan is sentenced to suffer imprisonment in respect of the crime or offence of which he is convicted, and it is expedient that the sentence be carried into effect within Her Majesty's dominions, the offender may (under the Foreign Jurisdiction Act, section 5) be sent for imprisonment to Hongkong.

The Judge of the Supreme Court may, where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause the offender to be taken to Hongkong, in order that the sentence passed on him may be there carried into effect accordingly.

80. The Judge of the Supreme Court shall, when required by one of Her Majesty's Principal Secretaries of State, send the Secretary of State a report of the sentence passed by the Judge, Assistant Judge, or Law Secretary of the Court in every case not heard and determined in a sum- mary way, with a copy of the minutes of proceedings and notes of evidence, and the Judge may send with such, report any observations he thinks fit.

Every Provincial Court shall forthwith send to the Judge of the Supreme Court a report of the sentence passed by it in every case not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evidence, and with any observations the

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

167

Court thinks fit. The Judge of the Supreme Court shall, when required by one of Her Majesty's Principal Secretaries of State, transmit the same to the Secretary of State, and may send therewith any observations he thinks fit.

VI.-WAB, Insurrection, or Rebellion.

81. If any British subject commits any of the following offences, that Pani-hment

is to say:

(1.) In China, while Her Majesty is at peace with the Emperor of China, levies war or takes part in any operation of war against the Emperor

        of China, or aids or abets any person in carrying on war, insurrec ion, or rebellion against the Emperor of China. (2.) In Japan, while He: Majesty is at peace with the Tycoon of Japan, levies war or takes part in any operation of war agains. the Tycɔɔa of Japan, or aids or abets any persons in carɛying on war, insù rec- tion, or reb llion, agans the Tycoon of Japan; every p rson 8. offending shall be deemed guilt of a misdemeanour, and on coa- viction thercor sha.l be tab'e (in the diser, tion of the Court be.ora which he is convicted) to be punished by imprimeut for any erm not exc eling two years, with or without Lard labour, and with or without a fiue not exceeding 5,000 dollars, or by a fiue not exceeding 5,000 dollars without imprisonment,

In addition to such punishment every such convic ion shall of itself, and without further proceedings make the person convicted liable to deportation; and the Court be ore which he i convicted my o der that he be deported from China or Japan to such plaos as the- Court directs.

levying waz,

Pores of

licence.

      82. If any British subject, without the licence of Her Majesty (proof Punishment fo whereof shall lie on the party accused) takes part in any operation of w z oreng anh in the service of the Emperor of China against any person engaged in Emperor a carrying on war, insurrection, or rebellion against the Emperor of China, Cat, without, he shall be deemed guilty of a misdemeanour, and on conviction therɔot shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not excesliet 5,000 dollars, or by a fine not exceeding 5,000 dollars without imprison-

ment.

Overt

      83. If the Court before which any person chargo with having com nepothe mitted such a misdemeanour as in the two last preceding Articles mentioned privaa is brought is a Provincial Court, the Court shall raport të the Judge of tae Supruine Court the pendency of the case.

      The Judge of the Si.preme Court shall thereupon direct in what m do and where the case shall be heard an1 determ ned, an i (notwithstanding anything in this Order) the case shall be so heard and determined accord- ingly.

VII.-TREATies and RegULATIONS.

Treaties.

      84. If any British subjecɩ in China or in Japan violat s or fails to Penalties t ́a observe

any stipulation of any Treaty between Her Majesty, her hairs or via jon en a ccessors, and the Emperor of Caina, or the Tycoon of Japa., for the time being in force, in respect of the violation whereof any penalty is stapulted for in the Treaty, he suali be deemed guilty of an offence against the freaty, and on convi:tion thereof under this Order shall be liable to a penalty not exceeding the penalty stipulated for in the Treaty.

+

Chimes

      85. Her Majesty'a afisister 1. Coins may from time to time make Regulations: such Regulations ás seem fit for the pence, urder, and good government of British subjects resilout in or resorting to China, sut to the okaberne et tue stipulations of Treaties betweeù il ər Majesty, her heirs or successors, and the Emperor of China, and for maintenance of friendy rolatione

Digitized by

Google

Penalties.

Publication.

Whan penalties enforceable.

Proof of

Regulations.

Regulations for Japan.

Trial of offences.

168

ORDER IN COUNCIL

between British subjects and Chinese subjects and authorities, and may make any such regulations apply either throughout China or to some one or more of the Consular districts in China, and may by any such Regula- tions repeal or alter any Regulations made for any such purpose as aforesaid before the commencement of this Order.

Any such Regulations shall not have effect unless and until they are approved by Her Majesty, such approval being signified through one of Her Majesty's Principal Secretaries of State,-save that in case of urgency, declared in any such Regulation, the same shall have effect unless and until they are disapproved by Her Majesty, such disapproval being signified through one of Her Majesty's Principal Secretaries of State, and notification of such disapproval is received and published by Her Majesty's Minister in China.

86. Such Regulations may impose penalties for offences against the same, as follows: namely, for each offence imprisonment for any term not exceeding three months, with or without hard labour, and with or without a fine not exceeding 500 dolla's, or a fine not exceeding 500 dollars, without imprisonment,-and with or without further fine for continuing offences not exceeding in any case 25 dollars for each day during which the offence continues after the original fine is incurred, but so that all such Regulations be so framed as to allow in every case of part only of the maximum penalty being inflicted.

87. All such Regulations shall be printed, and a printed copy thereof shall be affixed and at all times kept exhibited conspicuously in the public office of each Consular Officer in China to whose district the Regulations apply.

Printed copies of the Regulations applicable to each district shall be provided and sold therein at such reasonable prices as Her Majesty's Minister in China from time to time directs.

88. No penalty shall be enforced in any Consular district for any offence against any such Regulation until the regulation has been so affixed and kept exhibited in the public office of the Consular Officer for that district during one month.

89. For the purpose of convicting any person committing an offence against any such Regulation, and for all other purposes, a printed copy of the Regulation purporting to be certified under the hand of Her Majesty's Minister in China, or under the hand and consular seal of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the Regulation; and no proof of handwriting or seal purporting to certify same shall be required.

90. The foregoing provision relative to the making, printing, publica- tion, enforcement, and proof of Regulations in and for China shall extend and apply, mutatis mutandis, to the making, I rinting, publication, enforce- men', and proof of Regulations in and for Japan, with the substitution only of Japan for China, and of the Tycoon of Japan for the Emperor of China, and of Her Majesty's Minister in Japan for Her Majesty's Ministe in China, and of Her Majesty's Consular Officers in Japan for Her Ma jesty's Consular Officers in China.

91. Any charge under this Order of an offence against any Treaty of against any such Regulation as aforesaid, shall be enquired of, heard, and determined in like manner in all respects as any ordinary criminal charge may be inquired of, heard, and determined under this Order, subject only to this qualification,-that (notwithstanding anything in this Order) ever charge of an offence against any Treaty or against any Regulation for th observance of the stipulations of any Treaty shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court without Assessors.

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

VIII.-UNLawful Trade with Japan.

169

uniswfal

       92. All trade of British subjects in, to, or from any part of Japan, Trade ansoyt cept such ports and towns as are for the time being open to British open porta abjects by Treaty between Her Majesty, her heirs or successors, and the Tycoon of Japan, is hereby declared unlawful.

If any person engages in such trade as a principal, agent, ship-owner, bip-mas.er, or supercargo, he shall be deemed guilty of a misdemeanour, and on conviction thereof shall be liable to be punished (in the discretion of the Court before which he is convicted) by imprisonment for any term cot exceeding two years with or without hard labour, and with or without a fine not exceeding 10,000 dollars without imprisonment.

       93. It the Court before which any person charged with having Report of committed such a misdemeanour is brought is a Provincial Court, the Provincial Court shall report to the Judge of the Supreme Court the pendency of

the case.

The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (uotwithstanding anything in this Order) the case shall be so heard and determined accordingly.

Court.

        94. The Officer commanding any of Her Majesty's vessels of war, or seizure of any of Her Majesty's Naval Officers authorised in this behalf by the vessel, da Officer having the Command of Her Majesty's Naval Forces in Japan, by writing under his hand may seize any British vessel engaged or reasonably suspected of being or having been engaged in any trace by this Order declared unlawful, and may either detain the vessel, with the master, officers, supercargo, crew, and other persons engaged in navigating the Tessel, or any of them, or take or cause to be taken the vessel, and the master, officers, supercargo, crew, and other persons aforesaid, or any of them, to any port or place in Japan or elsewhere, convenient for the prosecution of a charge for tie misdemeanour alleged to have been committed.

        Any such vessel, maste, officers, supercargo, crew, and persons may lawfully be detained at the place of seizure, o. at the port or place to which the vessel is so taken, under the authority of any such officer, or of any of Her Majesty's Consular Officers in China or Japan, until the conclusion of any proceedings taken in re pect of such mi^nour,

IX.-JAPANESE WAT S

waters, &c.

        95. When and as often as it appears to rier Majesty's Minister in Regulations Japan that the unrestricted entrance of British vessels into, or the an to entering unrestricted passage of British vessels through, any straits or other water in Japan may lead to acts of disturbance or violence, or may otherwise endanger the maintenance of peaceful relations and intercourse between Her Majesty's subjects and the subjects of the Tycoon of Japa", Her Majesty's Minister may make any regulations for prohibiting or for restricting, in such manner as seems expedient, the entrance or passage of any British vessel (other than a vessel of war of Her Majesty) into or through any such straits or other water as aforesaid, as defined in the Regulation.

Her Majesty's Minister may from time to time revoke or alter any such regulation.

96. The forgoing provisions of this Order relative to the making, Penalties and printing, publication, enforce, and proof of Regulations to be made by proceedings.

Her Majesty's Minister in China, and to the mode of proceeding in respect

of

any charge for an offence against any such Regulations, shall extend

and apply, mutatis mutandis, to any Regulation made by Her Majesty's Minister in Japan, as last aforesaid.

Digitized by

Google

zure afvasaci

Jurisdiction no In piracy,

sncia) ("ourt.

Punishment in

BUD MTY Wy

bo religion ve religious "daažitutions,

170

ORDER IN COUNCIL

97. If any person navigating a British vessel wilfully violates, or wilfully attempts to viola'e, any such Regulation, the officer commanding any vess 1 of war of Her Majesty, or in charge of any boat belonging to such vessel of war, may use force for the purpose of compelling him to desist from the violation or attempted violation of the Regulation, and if it appears necessary or expedient may seize the ressel, and such C mmand- ing Officer may either detain her at the place of seizure, or take her, or cause he to be taken, to any port or place in Japan or elsewhere where the offender may be more conveniently prosecuted for such offence.

Any such vessel may lawfully be detained at the place of seizure, or at the port or place t› whic', she is so taken, under the authority of any such Commanding Officer, or of any of Her Majesty's Consular Officers in Jhan until the conclusion of any proceedings taken in respect of the offence.

X.-PIRACY.

98. Any British s'ject Ieing in China or in Japan may be proceeded against, tried, and punished under this Order for the crime of piracy wherever committed.

99. If the Court before which a British subject charged with the crin e of piracy is brought is a Provincial Court, the Court shall repo t to the Judge of the Supreme Court the pendency of the case.

The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accord- ingly.

XI.-OFFENCES AGAINST RELIGION.

100. If any British subject is guilty of publicly deriding, mocking, or the publeault insulting any religion established or observed in China or in Japan- or of publicly offering any insult to any religious service, feast, or ceremony established or kept in any part of Chit à or in Japan, or to any place for worshin, temb, or sanctuary belonging to any such religion, or to the ministers or professors thereof, or of wilfully committing any act tending to bring any such religion or its ceremonies, mode of worship, or observances into hatred, ridicule, or contemp and thereby to provoke a breach of the public peace, he shall be liable (in the discretion of the Court before which he is convicted) to imprisonment for any term not exceeding two years, with or without harbour, and with or without a fine not exceed- ing 500 dollars, or to a fine not exceeding 500 dollas vithout in prisonment. Notwithstanding an thing in this Order, every charge against a British subject of having committed any such offence shall be heard and deter- mined in a summary way, and any Provincial Court shall have power to im ose the unishment aforesaid.

         ladiction of Courts in Chine sad Japan.

1

Her Majesty's Consular Officers shall take such precautionary measures as seem to them proper and expedient for the prevention of such offences.

XIL-AUTHORITY WITHIN 100 MILES of the Coast of ChinA.

101. Where a British subject, being after the commencement of this Order in China or in Jaran, is charged with having committed, either before or after the commercement of this Order, any crime or offence within a British vessel at a distance of net more than 100 miles from the ccast of China, -or within a Chinese or Japanese vessel at such a distance as aforessid,-or within a vessel not lawfully entitled to claim the protec- tion of the flag of any State, at such vistance as aforesaid,-any of Her Majesty's Courts in China or in Japan within the jurisdiction whereof he is found may cause him to be apprehended and brought before it, and may take the | reliminary examination and commit him for trial.

Digitized by Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

171

Provincial

       102. If the Court before which the accused is brought is a Provin- Report by cial Court, the Court shall report to the Judge of the Supreme Court the cours pendency of the case.

       The Judge of the Supreme Court shall thereupon direct in what mode aud where the case shall be beard and determined, and (n-twithstanding anything in this Order) the case shall be so heard and determined accord- ingly.

other provisions,

      103. The provisions of this Order relative to crimes and offences, and Application of proceedings in oriminal matters, shall in all respects, as far as may be, extend and apply to every such case, in like manuer as if the crime or offence had been committed in China or Japan.

104. Where a British subject, being after the commencement of this Jurisdiction ab Order in Hongkong, is charged with having committed, either before or Hongkong. after the commencement of this Order, any crime or offence within any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, the Supreme Court at Hongkong shall have and may exercise authority and jurisdictio with respect to the crime or offence as fully as if it had been commit.ed in Hongkong.

?

105. Her Majesty's Minister in China or in Japan, the Judge or Military and

                                                          Naval Deserters, Assistant Judge of the Supreme Court, and any of Her Majesty's Consular Officers in China or in Japan, or the Governor or person administering the Government of Hongkong, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of Her Majesty's Military or Naval forces as deserted therefrom, and has concealed himself in any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, may, in pursuance of such information, issue his warrant for a search after and apprehension of such deserter, and on being satisfied on investigation that any person so apprehended is such a deserter, shall cause him to be with all convenient speed taken and delivered over to the nearest military station of Her Majesty's forces or to the officer in com- mand of a vessel of war of Her Majesty serving in China or Japan, as the case may require.

XIII.-DEPORTATION,

Deportation

106. (i.) When it is shown on oath, to the satisfaction of any of Her Majesty's Courts in China or in Japan, that there is reasonable ground to what casos, apprehen I that any British subject in China or in Japan is about to commit a breach of the pubic_peace, or that the acts or conduct of any British subject in China or in Japan are or is likely to produce or excite to a breach of the public peace, the Court within the jurisdiction whereof he happens to be may cause him to be brought before it, and require him to give security, to the satisfaction of the Court, to keep the peace, or for his future good behaviour, as the case may require.

      (ii) Where any British subject is convicted, under this Order, of any crime or offence, the Court within the jurisdiction wareof he happens to be may require him to give security to the satisfaction of the Court for his future good behaviour.

      In either of the cases, if the person required to give security fails to do so, the Court may order that he be deported from China or Japan to such place as the Court directs.

      107. In any case where an or ler of deportation is made under this place of Order the Court shall no', without the consent of the person t › be deported, Deportation. direct the deportation of any person to any place other than Hongkong or Eogland.

Provincia

      108. A Provincial Court shall forthwith report to the Judge of the Report by Supreme Court any order of deportation wale by it, and the grounds Court

thereof.

Digitized by

Google

Time of deportation.

    Order for expenses.

Report of deportation.

   Deportation to and from Hongkong.

Punishment for returning.

Annual registra Won of residents.

    Registration of hon-residents.

172

ORDER IN COUNCIL

The Judge of the Supreme Court may reverse the order, or may confirm it with or without variation, and in case of confirmation, shall direct it to be carried into effect.

109. The person to be deported shall be detained in custody until a fit time and opportunity for his deportation arrive.

The Judge of the Supreme Court shall then (and in the case of a person convicted, either after execution of the sentence or while it is in course of execution) by warrant cause him to be taken to the place of deportation.

110. The Judge of the Supreme Court may order that the person to be deported co pay all or any part of the expense of or preliminary to his deportation.

111. The Judge of the Supreme Court shall forthwith report to one of Her Majesty's Principal Secretaries of State any order of deportation made or confirine by him, and the grounds thereof, and shall also inform Her Majesty's Misters in China and Japan of the same.

}

112. Where any person is deported to Hongkong, he shall on his arrival there be delivered, with the warrant under which he is deported, into the custody of the Chief Magis rate of Police of Hongkong, or other officer of Her Majesty there lawfully acting as such, who, on receipt of the person deported, with the warrant, shall detain him and shall forthwith report the case to the Governor or person administering the Government of Hongkong, who shall either by warrant (if the circumstances of the case appear to him to make it expedient) cause the person so deported to be taken to England, and in the meantime to be detained in custody (so that the period of such detention do not exceed three months), or else shall discharge bim from custody.

113. If any person deported returns to China or Japan without the permission of one of Her Majesty's Principal Secretaries of State, in writing under his hand (which permission the Secretary of State may give), he shall be guilty of an offence against this Order, and shall be liable on conviction thereof to punishment (in the discretion of the Court before which he is convicted) by imprisonment for any term not exeeding one month, with or without hard labour, and with or without a fine not exceeding 200 dollars, or by a fine not exceeding 200 dollars, without imprisonment, and also to be forthwith again deported in manner herein before provided.

XIV.-REGISTRATION OF BRITISH SUBJECTS.

114 Every British subject resident in China or Japan,-being of the age of 21 years or upwards, or being married, or a widower or widow, though under that age,-shall, in the month of January in the year 1866 and every subsequent year, register himself or herself in a register to be kept at the Consulate of the Consular district within which he or she resides-subject to this qualification, that the registration of a man shall be deemed to include the registration of his wife (unless she is living apart from him), and that the registration of the head of the family, whether male or female, sball be deemed to include the registration of all females being relatives of the head of the family (in whatever degree of relationship) living under the same roof with the head of the family at the time of his or her registration.

Every British subject not so resident arriving at any place in China or Japan where a Consular Officer is maintained, unless borne on the muster roll of a British vessel there arriving, shall, within one month after his or her arrival, register himself or herself in a register to be kept at the Consular Office, but so that no such person shall be required to register himself or herself more than once in any year, reckoned from the 1st day of January.

Auy person failing so to register himself or herself, and not excusing his or her failure to the satisfaction of the Consular Officer, shall not be

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

178

entitled to be recognized or protected as a British subject in China or Japan, and shall be liable to a fine not exceeding ten dollars for each instance of such failure.

115. Every person sball on every registration of himself or herself Fee. pay a fee of such amount as one of Her Majest 's Principal Secretaries of State from time to time by order under his hand appoints, such amount either to be uniform for all persons, or to vary according to the circum- stances of different classes, as the Secretary of State from time to time by such order directs.

       116. The Cnsular Officer shall issue to every person so registered a certificate of registration under his band and Consular seal; and the name of a wife (unless she is living apart from her husband) shall be indorsed on her husband's certificate; and the names and descriptions of females whose registration is included in that of the head of the family shall be indorsed on the certificate of the head of the family.

XV.-FOREIGNERS. FOReign Tribunals.

Certificate

foreigners

117. Where a foreigner desires to institute or take any suit or Suits by proceeding of a civil nature against a British subject, the Supreme or against British other Court, according to its jurisdiction, may entertain the same, and subjects. where any such suit or proceeding is entertained shall hear and determine it according to the provisions of this Order, and of the Rules made under it applica1le in the cas-either by the Judge, Assistant Judge, Law Secretary, or proper Consular officer sitting alone (or with Assessors when the case so requires), or, if (in any case where a trial with a jury may be had under this Order) all parties desire, or the Court thinks fit to direct, a trial with a jury, then, but not otherwise, by the Judge, Assistant Judge, Law Secretary, or proper Consular officer, with a jury.

attendance of

before foreign tribunals.

     118. Where it is shown to any of Her Majesty's Courts that the Compulsory attendance of a British subject to give evidence, or for any other purpose British subjects connected with the administration of justice, is required in a Chinese or Japanese Court, or be'ore a Chinese or Japanese judicial officer, or in a Court or before a judicial officer in China or Japan of any State in amity with Her Majesty, the Court may, in cases and under circumstances which would require the attendance of that British subject before one of Her Majesty's Courts in Chira or Japan, and if it seems to the Court just and expedient so to do, make an order for the attendance of the British subject in such Court or before such judicial officer and for such purpose as aforesaid,-but so that a Provincial Court shall not have power to make an order for such attendance of a British subject at any place beyond the particular jurisdiction of the Court.

     Any British subject duly served with such an order, and with reason- able notice of the time and place at which bis attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court making the order, shall be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not exceeding one mon ́h, in the discretion of the Court.

XVI.-APPEAL TO SUPREme Court. 1.-In Civil Cases.

to be obtained.

     119. Where any decision of a Provincial Cour', sitting with or without Leare to appeal Assessors, is given in a civil case in respect of a sum or matter at issue of the amount or value of 250 dollars er upwards, or determines, directly or indirectly, any claim or question respecting property of the mount or value of 250 dollars or upwards,-any party aggrieved by the decision may apply to the Provincial Court for leave to appeal to the Supreme Court. & shall be entitled to leave on the terms prescribed by the E les made nder this Order, and subject to any restrictions and exceptions therein contained.

i

Digitized by

Google

On conviction

on indictment,

174

ORDER IN COUNCIL

In any other case the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.

In any case the Supreme Court may give leave to appeal on such terms as seem just.

2.-Criminal Casee.

120. Where any person is convicted otherwise than in a summary way of a crime or offence the Court or Officer trying the case may, if it seems fit, may be reserved, reserve for the consideration of the Supreme Court any question of law

arising on trial.

question of law

On summary conviction

appeal on point of law to lie.

Postponement nổ judgment or

execution.

Authority of

The Court or Officer shall then state a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.

121. Where any person is convicted in a summary way of a crime or offence, and is dissatisfied with the conviction as being erroneous in point of law, the Court or Officer trying the case may, on his application in writing, and on compliance by him with any terms prescribed by the Rules made under this Order, state a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to that Court.

122. Where a special case is stated, the Court or Officer stating it shall, as seems fit, ei her postpone judgment on the conviction, or respite exe.ution of the judgment, and either commit the person convicted to prison, or take proper security for him to appear and receive judgment or render himself in execution (as the case may require) at an appointed time and place.

          123. The Supreme Court shall hear and determine the matter, Supreme Court, and thereupon shall reverse, affirm, or amend the judgment, conviction.

or sentence in question,-

-or set aside the same, and order an entry to be made in the minutes of proceedings to the effect that in the judgment of the Supreme Court the person convicted ought not to have been con- victed, or arrest the judgment, or order judgment to be given at a subsequent sitting of the Court or Officer stating the case,-or inake such other order as justice requires-and shall also give all necessary and proper consequential directions.

Proceedings to be public.

Amendment of special case.

Refusal to state special case on summary con- viction.

Rules to be

of Supreme.

124. The judgment of the Supren e Court shall be delivered in open Court after the public hearing of any argument offered on behalf of the prosecution or of the person convicted.

125. Before delivering judgment the Supreme Court may, if necessary, cause the special case to be amended by the Court or Officer stating it.

126. If on an application for a special case, on a summary conviction, it seems to the Court or Officer that the application is merely frivolous, but not otherwise, the Court or Officer may refuse to state a case.

A Court or Officer so refusing shall forthith send to the Supreme Court a report of the sentence, with a copy of the minutes of proceedings and notes of evidence, and any observation the Court or Officer thinks fit, and with a copy of the application for a special case.

The Supreme Court shall examine the report and documents so sent, and, unless the Supreme Court is of opinion that the application was merely frivolous, shall, on the application in tl at behalf of the appellant, if made within one month after the refusal of a special cas, proceed to bear and determine the matter according to the foregoing provisions as nearly as may be as if a special case had been stated.

XVII. RULES OF PROCEDURE.

127. The Judge of the Supreme Court may, from time to time, frame frame by Judge Rules for any purpose for which it is before in this Order expressed or implied that Rules of procedure or practice are to be made, and also for the regulations of procedure and ↑ leading, form:s or writs, and other pro-

Cont

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

175

dings, expenses of witnesses and prosecutious, costs and fees, in civil el in criminal cases, in the Supreme Court and other Courts, including he regulation of cross-suits and the admission of counter-claims, and the sgulation of proceedings there n, and for the regul‹tion of appeals to the Supreme Court from the other Courts in civil and in crimi al cases, and rebearings before the Judge of the Supreme Court, and may thereby mpose reas nable penalties.

Rules affecting the conduct of civil sui.s shall be so framed as to scure, as far as may be, that cases shall be decided on their in its accord- ng to substantial justice, without excessive regard to technicalities of pleading or proce lure, and without unnecessary delay.

1

Rules framed by the Judge shall not have effect unless and until they are approved by one of Hr Majesty's Principal Secretaries of State,- are that in case of urgency declared in any Rules framed by the Judge, with the approval of Her Majesty's Minister in China, th same shall have ffect, unless and until they are disapproved by one of Her Maj sty's Principal Secretaries of Stite, and notification of such disapproval is received and published by the Judge.

Rules.

128. A Copy of the Rules for the time being in force shall be kept Publication of exhibited conspicuously in each Court and Consulate in China and Japan. Printed e pies shall be provided and sold at such reasonable prices as

the Judge of the Supreme Court from time to time directs.

        No penalties shall be enforced in any Curi for the breach of any Rale until the Rule has been so (xhibited in the Court for one month.

129. A printed c py of any Rule, purporting to be certified under the Endence of bard of the Judge of the Supreme Court and the seal of the Court, shall vies. te for all purposes conclusive evidence of the due framing, ap, roval, and publication of the contents thereof.

130. From and after the commencement of any Rules made by the Revocation of Judge of the Supreme Court under this Order, all Rules and Regulatious existing 1-3- theretofore made by the Chief Superintendeni of Trade in China, or by Her Majesty's Consul-General in Japan, in respect of any matter in re pect whereof the Judge of the Supreme Court is by this Order authorised to make Rules, shall cease to operate.

XVIII.-Appeal To Her Majesty IN COUNCIL.

from Supreme

cases involving

       131. Where any final decrce or order of the Supreme Court is made Appeal on in a civil cas in respect of a sum or matter at issue of the amount or value question of law of 2,500 dollars or upwards,-or determines direct or indirectly any claim Court in Civil or question respecting property of the amount or value of 2,500 dollars or 2,500 dollars or upwards, any party aggrieved by the decree or order may, within fifteen upwards. days after the same is made, apply by motion to the Supreme Court for leave to appeal to Her Majesty in Council.

       132. If leave to appeal is applied for by a party adjudged to pa money Execution or or perform a duty, the Supreme Court shall direct either that the decree suspension. or order appealed from be carried into execution, or that the execution thereof be suspended, pending the appeal, as the Court considers to be in accordance with substantial justice.

133. It the Court directs the decree or order to be carried into execu- security on tion, the party in who e favour it is made stall, before the execution of it, execution. give security to the satisfaction of the Court for the due perfo

sneh order as Her Majest、 in Council may think fit to make.

oriauce of

         134. If the Court direct the execution of the decree or order to be Sccurity on suspended pending the appeal, the party agai st whom the decree is made suspension. shall, before any order for suspension or execution, give seruity to the

satisfaction of the Court or the due performance of such order as Her

Majst in Council may think fit to make.

1

Digitized by

Google

Becurity on sppea

Leave to appeal.

Leave in other ORSCH.

Liberty to

ingly.

176

ORDER IN COUNCIL

135. In all cases security shall also be given by the appellant to the satisfaction of the Court to an amount not exceeding 2,500 dollars for the prosecution of the appeal, and for payment of such costs as may be awarded to any res ondent by Her Majesty in Council, or by the Lords of the Judicial Committee of Her Majesty's Privy Council.

136. If the last-mentioned security is given within one month from the filing of motion paper for leave to appeal, then and not otherwise the Supreme Court may give leave to appeal.

137. In any cases other than the cases hereinbefore described the Su; reme Court may give leave to api eal on the terms and in the manner aforesaid if it consider it just or expedient to do so.

138. In every case where leave to appeal is given as aforesaid, the appeal accord. appellant shall be at liberty to prefer and prosecute his appeal to Her Majesty in Council according to the rules for the time being in force respecting appeals to Her Majesty in Council from her colonies, or such other rules as Her Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.

Baving for other

139. Nothing in this Order shall affect the right of Her Majesty at rights of appeal. any time, on the humble petition of a party aggrieved by a decision of the Supreme Court in a civil case, to admit his appeal thereon on such terms and in such manner as Her Majesty in Council may think fit, and to deal with the decision appealed from in such manner as may be just.

Appeal on

           140. Where any judgment, or ler, or sentence of the Supreme Court question of law is given, made, or assed in the exercise of either original or appellate rom Supreme Court in criminal jurisdiction, the party charged with the crime or offence, if he eriminal osASS considers the judgment, order, or sentence to be erroneous in point of law, may appeal therefrom to Her Majesty in Council, provided that the Supreme Court declares the case to be a fit one for such appeal, and that the appe llant complies with such conditions as the Supreme Court establishes or requires, subject always to such rules as from time to time Her Majesty in Council thinks fit to make in that rehalf.

Saving for prerogative of pardon,

Saving for

XIX. GENERAL PROVISIONS.

141. Nothing in this Order shall be deemed to affect Her Majesty's prerogative of pardon.

142. Except as in this Order expressly provided, nothing in this Order Consular shall reclude any of Her Majesty's Consular Officers in China or in

          } Japan from performing any act not of a judicial character that Her Majesty's Consular Officers there might by law or by virtue of usage, or sufferance, or otherwise have performed if this Order had not been made. 143. Every of Her Majesty's Consular Officers shall, as far as there is before litigation. proper op "rtunity, promote reconciliation, and encourage and facilitate the settlement in an amicable way, and without recourse to litigation, of matters in difference between British subjects in China or in Japan.

Reconciliation

      Presumption as to signatures and seals.

Minutes of proceedings.

144. Every signature or seal affixed to any instrument purporting to be the signature of the Judge of the Supreme Court, or of any officer or person acting under this Order, or to be the seal of any of Her Majesty's Courts in China or in Japan, shall for all purposes under this Order, without any roof thereof, be presumed to be genuine, and shall be taken as genuine until the contrary is proved.

1

minutes

145. In every case, civil or criminal, heard in any Court,¡ roper of the Iroceedings shall be drawn up, and shall be signed by the Judge or Officer before whom the proceedings are taken, and sealed with the seal of the Court, and stall, where Assessors are present, be open for their inspection and for their signature if concurred in by them.

The minutes, with depositions of witnesses and notes of evidence taken at the trial, by the Judge or Officer, shall be | reserved in the public office of the Court.

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

177

       146. In a civil case any Court may order such cost or costs, charges, Costa in civil and

expenses as to the Court seem reasonable, to be paid by any party to cases. the proceeding, or out of any fund to which the procee.ling relates.

147. Any Court, either of its own motion, or, in civil cases, on the Witnesses :

                                                            British subjecta. application of any arty to any suit or proceeding or reference, may summon as a witness any British subject in China or in Japan,-but so that a Provincial Court shall have power so to summon British subjects in its cwn district only.

       Any British subject, duly served with such a summons, and with reasonable notice. f the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court, shall over and above any other liability to which be may subject, be liable to a fine not exceeding 500 dollars, or to imprisonment for a.y term not exceeding one month, in the discretion of the Court.

be

witnesses in

        148. In civil cases any Court may, where the circumstances appear to Expenses of justify it, order that the expenses of a witness, ou his appearing to give civil cases. evidence, shall be deir yel by the parties or any of them.

or

on oath.

        149. Any per-on appearing before a Court to give evidence in any case, Examination civil or criminal, may be examined or give evidence on oath in the form with the ceremony

            that he declares to be binding on his conscience. 150. Any British subject wilfully giving false evidence in any suit or Perjury. proceeding, civil or criminal, or on any reference, shall, on conviction thereof, be deemed guilty of wilful corrupt perjury.

ment ..

        151. All costs and all charges and expenses of witnesses, prosecutions, Enforcing pag- punishments and deportations, and other charges and expenses, and all t

                                                            penalties, an i fees, fines, forfeitures, and pecuniary penalties payable under this Order, other monaya may be levied by distress and seizure and sale of ships, goods, and lands; and no bill of sale, or mortgage, or transfer of property, made with a view to security in regard to crimes or offences cominitted, or to be committed, shall be of any avail to defeat any provisions of this Order.

moneys.

        152. All fees, fines, forfeitures, confiscations, and pecuniary penalties Application of by treaty appropriated or payable to the Government of China, or to that fees and other of the Tycoon of Japan, shall be carried to the public accounts, and be applied in diminution of the public expenditure on account of tier Majesty's Courts of China and Japan; but if the Government of China or that of the Tyen of Japan declines to rec. ive any confiscation or pecuniary penalty by treaty appropriated or payable to it, the same shall be applied as other confiscations and pecuniary nalties are applicable.

F

       153. Whenever under this Order any person is to be taken in custody Mode of removal or otherwise, for trial or imprisonment, or by way of deportation, or f、r of prisoners.

other purpose to the Supreme Court or elsewhere in China or Japan,

any

or to Hongkong, England, or elsewhere, the Court, or other authority by this Order authorized to cause him to be so taken, may for that purpose (if neces-ary) cause him to be embarked on board one of Her Majesty's vessels of war, or if there is no such vessel available, then on board any Bitish or other fit vessel, at any port or place, whether within or beyond the particular jurisdiction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken in custody or otherwise, by land or by water, from any place to the port or place of embankment.

The writ, order, or warrant of the Supreme Court for China and Japan, or of a Provincial Court in China or Japan, or of the Supreme Court of Hongkong, or the warrant of the Governor or person adininis.. the Government of Hongkong (as the case may be), hy virtue whereof any person is to be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the commander or master of any vessel of war, or other vessel (whether the constable, officer, or other

Digitized by

Google

      Bipenses of removal of prisoners, &c.

Punishment for

178

ORDER IN COUN IL

person, or the vessel or the commander or master thereof, is named therein or not), to rece ve, detain, take, and deliver up such person, according to the writ, order, or warrant.

Where the writ, order, or warrant is executed under the immediate direction of the Court or authority issuing i', the writ, order, or warrant shall be delivered to the constable, officer, or other ¡erson acting there- under, and a duplicate thereof shall be delivered to the commander or master of any vessel in which the person to whom the writ, order, or warrant relates is embarked.

copy

Where the writ, order, or warraut issues from the Supreme Court for China and Japan, and is executed by a Provincial Court in China or Japan, and where the writ, order, or warrant issues from th Supreme Court of Hongkong, and is executed by any of Her Majesty's Courts in China or Japan,--

--a copy thereof, certified under the s al of the Court executing the same, shall e delivered to the constable, officer, or other person acting thereunder, and to the commander or mast r of any vessel in which the person taken is embarked; and

shall te for such any all purposes conclusive evidence of the Order of which it purports to le a copy.

 154. Subject to the other provisions of this Order, all expenses of removal of prisoners and others from or to any place in China or Japan, or from or to Hongkong, and the expenses of deportation and of the sending of any person to Englan, shall be defrayed as the expenses relating to distressed British subjects are defrayed, or in such other manner as one of Her Majesty's Principal Secretaries of State from time to time directs.

#

155. If any British subject wilfully obstructs, b at or threat, an onstructions or officer of a Court in the performance of his duty,

disturbance of

Court.

Misconduɔt of officers of Court.

       Order for re- payment.

 Or within or close to the room or place where a Court is sitting wilfully behaves in a violent, threatening, or disrespectful manner, to the distur ance of the Court, or the terior of the suitors or others resorting thereto,-

 Or wilfully insults the Judge, Assistant Judge, or Law Secretary of the Supreme Court, or any Consular Officer, or any Juror or Assessor, or any clerk or officer of a Court during his sitting or attendance in Court, or in going to or returning from Court,

 He shall be liable to be immediately ap rehended by order of the Court, and to be detained until tue rising of the Court, and further, on due inquiry and consideration, to be punished with a fine not exceeding 25 dollars, or imprisonment for any term not exceeding seven days, at the discretion of the Court, according to the nature and circumstances of the case.

 A minute shall be made and kept of every such case of punishment, recording the facts of the offence and the extent of the punishment, and in the case of a Provincial Court a copy of such minu e shall be forthwith sent to the Supreme Court.

1

 156. If any clerk or officer of a Court acting under pretence of the process or authority of the Court is charged with extortion or with not duly paying any money vied, or with other misconduct, the Court may (without prejudice to any other liability or punishment to which the clerk or officer would in the absence of the resent provision be liable) enquire into the charge in a summary way, and for that purpose summon and enforce the attendance of all necessary persons in like manner as the attendance of witnesses and others may be enforced in a suit, and make such order thereupon for the repayment of any money extorted or for the due payment of any money levied, and for the payment of such damages and costs as

Digitized by

Google

H.B.M. SUBJECTS IN CHINA AND JAPAN

179

the Court thinks just; and the Court may also, if it thinks fit, impose such fine upon the clerk or officer, not exceeding 50 dollars for each offence, rins as seems just.

dɔne under

      157. Any suit or proceeding shall not be commenced in any of Her Suits for things Majesty's Courts in China or Japan, or in any Court of Hongkong, against order. any person for anything done or omitted in pursuance or execution or intended execution of this Order, or of any Regulation or Rule made under it, unless notice in writing is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the suit or proceeding, nor unless it is commenced within three months next after the act or omission complained of, or, in case of continuation of damages, within three months next after the doing of such damages has ceased.

      The plaintif in any suit shall not succeed if tender of sufficient amends is made by the defendant before the commencement thereof; and if no tender is made, the defendant may, by leave of the Court, at any time pay into Court such sum of money as he thinks fit, whereupon such proceeding and order shall be bad and made in and by the Court as may be had and made on the payment of money into Court in an ordinary suit.

XX. HONGKONG.

order.

      158. Where a warrant or order ofarrest is issued by any of Her Majesty's Backing of Courts in China or Japan for the apprehension of a British subject, who warrant or is charged with having committed a crime or offence within the jurisdiction of the Court issuing the warrant or order, and who is or is supposed to be in Hongkong, and the warrant or order is produced to any of Her Majesty's Justices of the Peace iu and for Hongkong, such Justice may back the warrant or order, and the same when so backed shall be sufficient authority to the person to whom the warrant or order was originally directed, and also to any constable or other peace officer in and for Hongkong, to apprehend the accused in Hongkong, and to carry nim to and deliver him up within the jurisdiction of the Court issuing the warrant or order, according to the warrant or order.

Macso.

      159. The Supreme Court of Hongkong may take cognizance of offences Jurisdiction at committed by British subjects within the peninsula of Macao, and of suits originating there, when the party offending or the party sued comes or is found within the juris liction of that Court; but that Court shall not have power to issue any warrant or writ to be executed or served within that peninsula.

Court in China

     160. Save as expressly provided by this Order, all jurisdiction, power, Abolition of and authority of the Supreme Court of Hongkong exercisable in relation jurisdiction of to British subjects resident in or resorting to China or Japan, shall, from and Japan. the commenceinent of this Order, absolutely cease.

XXI. REPEALS.

Ordinances

      161. From and immediately after the commencement of this Order, Orders and the Orders in Council or any Consular Ordinances described in the rope sled. Schedule to this Order shall be repealed; but this repeal shall not affect the past operation of any such Order or Ordinance, or any appointment made or thing done, or right, title, obligation, o liability acquired or accrued thereunder before the commencement of this Order.

XXII-PEnding ProCEEDINGS.

#

proceedings.

162. Nothing in this Order, or in any Rules made under it, shall Saving for apply to or in any manner affect any suit or proceeding, either of a civil pending or of a criminal nature, pending at the commencement of this Order, either with re.erence to the original pr.ceedings therein or with reference

Digitized by

Google

   Appeals in pending suits.

   Times of com- monoameni.

180

ORDER IN COUNCIL

to any appeal therein, or otherwise, subject nevertheless to the following provisions and qualifications:--

1

(1.) All suits and proceedings, whether of a civil or of a criminal nature, instituted or taken before the commencement of this Order in the district of the Consulate of Shanghai, and pending at the commencement of this Order, are hereby transferred to th jurisdiction of the Supreme Court, and the same may be carried ou and shall be tried, heard, and determined in and by the Supreme Court in like manner as near" 20 may be in all respects as if the same had been instituted or taken in the district of the Consulate of Shanghai after the commencement of this Order.

(2.) In any suit or proceeding, whether of a civil or of a criminal nature, the Court before which the same is pending at the com- mencement of thi Order, after hearing the parties, either of its own motion, or on the application of either party, or by consent, may, if it sees fit, from time to time direct that the procedure and practice prescribed by this Order, or 1 y any Rule made under it, be followed in any respect.

163. Nothing in this Order shall take away any right of appeal of any suit of a civil nature pending at the commencement of this Order,

-or inter. fere with the bringing or prosecution of any appeal in any such suit that might have been brought or prosecuted if this Order had not be n made, -or take away or abridge any jurisdiction, power, or authority of any Court, Judge, Officer, or person in relation to any appeal in any such suit, or to the execution or enforcement of any judgment, decree, or order made before or after the commencement of this Örder, in or respecting any appeal in any such suit; and notwithstanding this Order, any appeal in any such suit shall lie and may be brought and prosecuted, and any such judgment, decree, or order may be made, executed, and enforced in like manner and with the like effect and consequences in all respects as if this Order had not been made subject only to this qualification: that in case of any appeal which, if this Order had not been made, would have lain or been heard and determined to or by the Chief Superintendent, or to or by Her Majesty's Consul-General in Japan, the same shall lie to and be heard and determined by the Supreme Court in a like course of procedure as nearly as may be in all respects as if this Order had not been made.

XXIII.-Commencement and Publication of Order.

G

164. This Order shall commence and have effect as follows:-

(1.) As to the making of any warrant or appointment under this Órder, immediately from and after the making of this Order: (2.) As to the framing of Rules by the Judge of the Supreme Court, and the approval thereof by one of Her Majesty's Principal Secretaries of State, immediately froin and after the first appoint- ment under this Order of a Judge of the Supreme Court: (3.) As to all other matters and provisions comprised and contained in this Order, immediately from and after the expiration of one month after this Order is first exhibited in the public office of Her Majesty's Consul at Shanghai; for which purpose Her Majesty's Consul at Shanghai is hereby required forthwith, on receipt by him of a copy of this Order, to affix and exhibit the same conspicuously in his public office, and he is also hereby required to k ep the same so affixed and exhibited during one month from the first exhibition thereof, and of the time of such first exhibition notice shall, as soon thereafter as practicable, be published in every Consular District in China and in Japan, in such manner as Her Majesty's Ministers there respectively direct.

Digitized by

Google

H.B M. SUBJECTS IN CHINA AND JAPAN

181

And, nothwithstanding anything in this Order, the time of the expiration of the said month shall be deemed to be the time of the commencement of this Order.

       165. A copy of this Order shall be kept exhibited conspicuously in Proclamation each Court and Consulate in China and in Japan.

Printed copies shall be provided and sold at such reasonable prices as Her Majesty's Minister in China directs.

And the Right Honourable the Earl Russell, and the Right Honour- able Edwa'd Cardwell, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

(Signed)

EDMUND HARRISON.

of Order.

The SEDULE to which the foregoing Order refers.

Orders in Council Repealed.

CHINA.

JAPAN.

9 DECEMBER,

1833 (Two Orders.) 23 JANUARY,

1860

4 JANUARY,

1843

4 FEBRUARY,

1861

24 FEBRUARY,

1843

12 SEPTEMBek,

1863

2 ОСТОВЕЕ,

1843

7 JANUARY,

1864

17 APRIL,

1844

13 JUNE,

1853

2 FEBRUARY,

1857

3 MARCH,

1859

12 SEPTEMBER,

1863

9 JULY,

1864

Consular Ordinances Repealed.

No. 1.-19 JANUARY, 1854. Deserters.

No. 2.-31 MARCH, 1854.

Lunatics; Coroner.

No. 1.-17 JANUARY,

1855.

Neutrality.

No. 1. 5 MARCH,

1856.

Insolvents.

No. 2.-29 MAY,

1856.

Removal of Prisoners, &c.

Digitized by

Google

182

CHINA AND JAPAN ORDER IN COUNCIL, 1877

THE CHINA AND JAPAN ORDER IN COUNCIL, 1877

AT THE COURT AT WINDSOR, THE 30TH DAY

of April, 1877.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas by the China and Japan Order in Council, 1865, Her Majesty the Queen was pleased, by the advice of Her Privy Council, to make provision for the exercise of Her Majesty's power and jurisdiction over Her Majesty's subjects resident in or resorting to China or Japan:

And whereas in China and Japan additional ports may be from time to time opened to foreign trade, and it is expedient to provide for the exercise at those ports of Her Majesty's power and jurisdiction before the establishment there of Commissioned Consular Officers:

Now, therefore, Her Majesty, by virtue of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1875, and by the Act of the Session of the sixth and seventh years of Her Majesty's Reign, chapter eighty, "for the better government of Her Majesty's subjects resorting to China," or otherwise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

1. The provisions of Arti le 25 of the China and Japan Order in Council, 1865, and all provisions of that Order consequent thereon or relative thereto, shall extend and apply to every person (not holding a Consular Commission from Her Majesty) from time to time appointed by Her Majesty's Minister in China or Japan to be Acting Consul, and to be resident at a port in China or Japan, which is for the time being open to foreign trade, and at which no Commissioned Consular Officer of Her Majesty is resident.

2. For the purposes and within the mearing of the said Order, every person so appointed as an Acting Consul shall be deemed a Consular Officer, and the district for which he is appointed to act shall be deemed a Consular District, and the Court held by him shall be deemed a Provincial Court.

3.-Words in this Order have the same meaning as in the said

C. L. PEEL.

Order.

ORDER IN COUNCIL, 1877.

By an Order in Council dated 23rd October, 1877, the jurisdiction of th Supreme Court of Hongkong was extended to cases occurring in any place on land being within ten miles of any part of the Colony,

                                          the said jurisdiction being in addition to and concurrent with any power or jurisdiction possessed by the Supreme Court for Chiua or Japan or any Provincial Court under the Order in Council of the 9th March, 1865.

Digitized by

Google

THE CHINA AND JAPAN ORDER IN COUNCIL, 1878

AT THE Court at Üsborne House, ISLE OF WIGHT, the 14th daY

or August, 1878.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

        Whereas Her Majesty the Queen has power and jurisdiction over Her Majesty's subjects resident in or resorting to China and Japan:

       Now, therefore, Her Majesty, by virtue of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1875, and by the Act of Parliament of the session of the sixth and seventh years of Her Majesty's reign (chapter 80), "fr the better government of Her Majesty's subjects resorting to China," or otherwise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

Preliminary.

1. This Order may be cited as "The China and Japan Order in Council, 1878."

-This Order shall commence and have effect as follows:-

       (a.) As to the making of any warrant or appointment under this Order, imme. diately from and after the making of this Order.

       (b.) As to all other matters and provisions comprised and contained in this Order, immediately from and after the expiration of one mouth after this Order is first exhibited in the public office of Her Majesty's Consul-General for the district of the Consulate at Shanghai; for which purpose Her Majesty's Consul-General or other principal Consular Officer for the time being for that district is hereby required forth- with, on receipt by him from Her Majesty's Minister in China of a copy of this Order, with instructions in this behalf, to affix and exhibit this Order conspicuously in that public office, and to keep the same affixed and exhibited during one month there- after;

       of the time of which first exhibition notice shall be published as soon there- after as practicable in each Consular district in China and in Japan, in such manner as Her Majesty's Ministers there respectively direct; and the time of the expiration of that month shall be deemed the time of the commencement of this Order.

3.-(1.) Articles 9 to 22, both inclusive, of the China and Japan Order in Council, 1865, are hereby revoked.

(2.) Articles 36 and 37 of that Order are hereby revoked as regards Ja-an only. (3.) In this Order "The Secretary of State" means one of Her Majesty's Principal Secretaries of State.

        (4.) Subject to the foregoing provisions, this Order shall be read as one with the China and Japan Order in Council, 1865.

       (5.) A copy of this Order shall be kept exhibited conspicuously in each Court and Consulate în China and in Japan.

       (6.) Printed copies thereof shall be provi led, and shall be sold at such reason- able price as Her Majesty's Ministers there respectively direct.

Digitized by

Google

181

CHINA AND JAPAN ORDER IN COUNCIL, 1878

Supreme Court for China and Japan.

4-(1.) There shall be a Chief Justice and an Assistant-Judge of the Supreme Court of Cuina and Japan.

      (2.) The Assistant-Judge shall be the Registrar of the Supreme Court; and the office of Law Secretary of the Supreme Court is hereby abolished.

      (3.) The Assistant-Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Supreme Court, as the Chief Justice from time to time, by general order or otherwise, directs; and for that purpose the Assistant Judge shall have all the like jurisdiction, power, and authority as the Chief Justice.

(4.) Any party to a suit or proceeding wherein any matter or question is heard and determined by the Assistant-Judge shall be entitled, as of course, to a rehearing before the Chief Justice, sitting with the Assistant-Judge, or, in the unavoidable absence of the Assistant-Judge, alone.

(5.) If, on any such rehearing, there is a difference of opinion between the Chief Justice an i the Assistant Judge, the opinion of he Chief Justice shall prevail.

(6.) Throughout the China and Japan Order in Council, 1865, and the Rules made thereunder, the Chief Justice of the Supreme Court shall, as regards China, be deemed to be therein subs'ituted for the Judge of the Supreme Court.

(7.) There shall be attached to the Supreme Court à Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.

Court of Japan.

5.-(1.) There shall be in and for Japan à Court styled Her Britannic Majesty's Court for Japan.

      (2.) The Court for Japan shall have a seal, bearing its style and such device as the Secretary of State from time to time directs.

      (3.) The Court for Japan shall hold its ordinary sitting at Kanagawa, or, on emergency, at any other place within the district of the Consulate of Kanagawa, but may at any time transfer its ordinary sittings to any place in Ja ̧ an approved by the Secretary of State or by Her Majesty's Minister in Japan.

(4.) There shall be a Judge and an Assistant-Judge of the Court for Japan.

(5.) The Assistant-Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Court, as the Judge from time to time by general order, or otherwise, directs; and for that purpose the Assistant-Judge shall hive all the like jurisdiction, power, and authority as the Judge.

(6.) Any party to a snit or proceeding wherein any matter or question is heard and determined by the Assistant-Judge shall be entitled, as of course, to a rehearing before the Judge, sitting with the Assistant-Judge, or, in the unavoidable absence of the Assistant-Judge, alone.

      (7.) If, on any such rehearing, there is a difference of opinion hetween the Judge and the Assistant-Judge, the opinion of the Judge shall pr vail.

     (8.) In Japan, persons accused of crimes which in England are capital shall be tried by the Judge of the Court for Japan, with a jury, and not otherwise.

(9.) There shall be attached to the Court for Japan a Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.

Jurisdiction in Japan.

6.-(1.) Her Majesty's Consul for the district of the Consulate of Kanagawa shall cease to hold and form a Provincial Court.

(2.) Unless and until the Secretary of State otherwise directs, Her Majesty's Consul for the time being for the district of the Consulate of Kanagawa shall be the Assistant-Judge of the Court for Japan.

      (3.) All Her Majesty's jurisdiction, civil and criminal, exercisable in Japan shall, for and within the district of the Consulate of Kanagawa, be vested in the Court for Japan as its ordinary jurisdiction.

(4.) All Her Majesty's jurisdiction, civil and crimiual, exercisable in Japan beyond the district of the Consulate of Kanagawa, and not under this Order vested

Digitized by Google

CHINA AND JAPAN ORDER IN COUNCIL, 1878

185

in the Court for Japan, shall, to the extent and in the manner provided by the China and Japan Order in Council, 1865, as modified by this Order, be vested in the Pio. vincial Courts in Japan, each for and within its own district.

(5.) The Court for Japan shall have, in ail matters, civil and criminal, an extra- ordinary original jurisdiction throughout Japan, concurrent with the jurisdiction of the several Provincial Courts in Japan, the same to be exercised subject and accord- ing to the provisions of the China and Japan Order in Council, 1865, as modified by this Order.

7.-(1.) Subject to the provisions of this Order, the provisions of the China and Japan Order in Council, 1865, and the Rules in force in the Supreme Court and other Courts in China and Japan made under that Order, shall extend and apply to the Court for Japan, as if the same were a Court (not a Provincial Court) established under the Order.

      (2.) For the purpose of the application thereof to the Court for Japan, in Articles 23, 24, 38, 39, 41, 42, 43, 47, 54 to 57, 59, 61, 62, 67, 68, 69, 72, 74, 77 to 80, 83, 93, 99, 102, 105, 108 to 111, 117, 119, 120 to 126, 144, 153, 155, all inclusive, of that Order, and throughout those Rules, there shall, as regards Japan, be deemed to be substituted Japan for China or for China and Japan, Kanagawa for Shanghai, the Court for Japan for the Supreme Court for China and Japan, and the Judge and Assistant-Judge of the Court for Japan for the Judge and Assistant-Judge of the Supreme Court; but not so as to affect those Articles and Rules as regards operation thereof in and for China.

      8.-(1) Article 119 of the China and Japan Order in Council, 1865, relative to appeals in civil cases to the Supreme Court for China and Japan, shall extend and apply to appeals from decisions of the Court for Japan, as if the same were a Pro- vincial Court within that Article; and that Article, and the Rules therein referred to, shall accordingly, notwithstanding anything in this Order, apply to appeals from the Court for Japan to the Supreme Court for China and Japan; but the last mentioned appeals shall not be heard except by the Chief Justice of the Supreme Court, sitting with the Assistant-Judge of that Court, or, in the unavoidable absence of the Assist:nt-Judge, alone.

(2.) If, on any such appeal, there is a difference of opinion between the Chief Justice and the Assistant-Judge, the opinion of the Chief Justice shall prevail.

(3.) Articles 120 to 126, both inclusive, of the China and Japan Order in Council, 1865, relative to appeals to the Supreme Court for China and Japan in criminal cases, shall extend and apply to appeals to that Court in criminal cases from decisions of the Court for Japan, both in cases originally tried in the Court for Japan and in cases brought by virtue of this Order before that Court, under the se Articles, by way of appeal from any Court or Officer in Japan; and, for the purposes of this Article, the Court for Japan shall, in cases so brought efore it by way of app al, be deemed to be the Court trying the case.

Judges in China and Japan.

     9.-1.) The Chief Justice and Assistant Judge of the Supreme Court and the Judge and Assistant-Judge of the Court for Japan shall each be appointed by Her Majesty by warrant under Her Royal Sign Manual, subject and according to Article 23 of the China and Japan Order in Council, 1865.

     (2.) The Chief Justice and the Judge shall each be a subject of Her Majesty by birth or naturalization, who, at the time of his appointment, is a member of the Bar of England, Scotland, or Ireland, of not less than seven years' standing.

10.-(1.) In the case of the death or illness, or the absence or intended absence from the district of the Consulate of Sbangbai, of the Chief Justice or of the Assistant-Judge of the Supreme Count, Her Majesty's Min ́ster in China may appo'nt a fit person to be the Acting Chief Justice or t› be the Acting Assistant-Judge (as the case may r quire): but, unless in any case the Secretary of State otherwise directs, the Assistant- Judge, if present and able to act, shall always be appointed to be Acting Chief Justice.

(2.) In case of the death or illness, or the a' sence or intended absence from the district of the Consulate of Kanagawa, of the Judge or of the Assistant-Judge of the

Digitized by Google

186

CHINA AND JAPAN ORDER IN COUNCIL, 1-81

Court for Japan, Her Majesty's Minister in Japau may appoint a fit person to be the Acting Judge or to be the Acting Assistant-Judge (as the case may require).

Vice Admiralty Jurisdiction.

11.-Any roceeding taken in China or Japan against one of Her Majesty's vessels, or the officer commanding the same, as such, in respect of any claim cognisable in a Court of V.ce-Admiralt, shall be taken only in the Supreme Court or in the Court for Japan, under the Vice-Admiralty jurisdiction thereof, respectively.

Pending Proceedings.

12.-Nothing in tl is Order shall affect an suit or proceedings, civil or criminal, pending at the commencement of this Odder, with reference either to the original proce dings the rein, or to an a peal therein, or otherwise; save that all suits and proceedings, civil or criminal, instituted or taken in the district of the Consulate of Kanagawa bedre au i pending at the commencement of this Order are hereby trans- ferred to the jurisdiction of the Court for Japan; and the same may be carried on and shall be tried, heard, and d-termine 1, in and by the Court for Japan, a、 nearly as may be, as it the same had been institute or taken in the district of the Consulate of Kanagawa after the commencemen1 of this Order.

    Ant the Most Honourable the Marques of Salisbury, and the Right Honourable Sir Michael Edward Hicks-Beach, Baronet, two of Her Majesty's Princi, al Secreta- ries of State, and the Lords Commissioners of the Treasury, and Lords Commis- sioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

C. L. PEEL.

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.

PRESENT:

          THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS Her Majesty the Queen has power and jurisdiction in relation to Her Majesty's subjects and others in the dominio.s of the Empe or of China and the dominions of th Mikado of Japan:

Now, therefor, Her Majesty, by virtue and in exercise of the powers in this be- half by the Foreign Jurisdiction Acts, 1843 to 1878, or otherwise, in Her ve ted, is leased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

Preliminary.

  1.-This order ma be cited as the China and Japan Order in Council, 1881. 2.-This order shill, except as otherwise expressed, commence and take effect from an 1 immediat ly after the 31st day of December, 1881, which time is in this Order referred to as the commencement of this O.der.

3.-In this Order-

"China" means the dominions of the Emperor of China :

44

Japan" means the dominions of the Mikado of Japan :

"Minister" means superior Diplomatic Representative, whether Ambassador,

Envoy, Minister Plenipotentiary, or Chargé d'Affaires :

"Consular Officer" includes every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person auth ›rised to act in an sich capacity in China or in Ja an;

"British subject" means a subject of Her Majesty, wnether by birth or hy

naturalisation:

Foreigner" means a subject of the Emperor of China or of the Mikado of

Japan, or a subject or citizen of any other State in amity with Her Majesty:

Digitized by Google

CHINA AND JAPAN ORDER IN COUNCIL, 1881

187

"Treaty" includes Convention, and any Agreement,_Regulations, Rules, Ar- ticles, Tariff, or other instrument annexed to a Treaty, or agreed on in pursuance of any stipulation thereof:

"

Month mars calendar month:

Words importing the plural or the singular may be construed as referring to one person or thing, or more than one person or thing, and words importing the masculine as referring to females (as the case may require).

Repeal.

       4-Subject to the provisions of this Order, Articles Eighty-five to Ninety-one, aclusive, of the China and Japan Order in Council, 1865, authorising the making of Regulations for the purposes and by the authority therein mentioned and the Begulations made thereunder, dated respectively 11th July, 1866, and 16th November, 1566, relating to mortgages, bills of sale, and proceedings against partnerships or partners or agents therof, and Rule 252 of the Rules of the Supreme Court and other Courts in China and Japan of 4th May, 1865, relating to proceedings by or against partnerships, and Articles One hundred and seventeen and One hundred and eighteen of the China and Japan Order in Council, 1865, relating to foreigners and foreign tribunals, are hereby repealed, from the commencement of this Order; but this repeal does not affect any right, title, obligation, or liability acquired or scerned before the commencement of this Order.

Confirmation of Regulations not Repealed.

        3. Such Regulations as are described in the Schedule to this Order, being Regulations made or expressed or intended to be made or in execution of the powers confered by Acticles Eighty-five to Ninety-one of the China and Japan Order in Council, 1965, and all other Regulations made or expressed or intended to be so made and having been approved or, in case of urgency, not disapproved, under that Order, before the commencement of this Order, except the Regulations expressed to be repealed by this Order, arc hereby confirmed, as from the passing of this Order, and the same, as far as they are now in force, shall be in force and shall be deemed to have always been of the like validity and effect as if they had been originally made by Order in Council.

Authority for further Regulations.

       6.-Her Majesty's Minister in China may from time to time, subject and according to the provisions of this Order, make such Regulations as to him seem fit for the peace, order, and good government of British subjects, resident in or resorting to China.

7.-The power aforesaid extends to the making of Regulations for securing observance of the stipulations of Treaties between Her Majesty, Her Heirs and Successors, and the Emperor of China, and for maintaining friendly relations between British subjects and Chinese subjects and authorities.

       8.-Her Majesty's Minister in China may, as he thinks fit, make any Regulation under this Order extend either throughout China or to some one or more only of the Consular districts in China.

       9.-Her Majesty's Minister in China, in the exercise of the powers aforesaid, may, if he thinks fit, join with the Ministers of any foreign Powers in amity with Her Majesty in making or adopting Regulations with like objects as the Regulations described in the Schedul to this Order, commonly called the Shanghai Land Regulations, or any other Regulations for the municipal government of any foreign concession or settlement in China; as regards British subjects, joint Regulations so made shall be as valid and binding as if they related to British subjects only.

       10.-Her Majesty's Minister in China may, by any Regulation made under this Order, repeal or alter any Regulation made under the China and Japan Order in Council, 1865, or under any prior like authority.

11-(a) Regulations made under this Őrder shall not have effect unless and until they are approved by Her Majesty the Queen, that approval being signified through one of Her Majesty's Principal Secretaries of State,―save that, in case of

Digitized by Google

188

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881

urgency declared in any such Regulations, the same shall take effect before that approval, and shall continue to have effect unless and until they are disapproved by Her Majesty the Queen, that disapproval being signified through one of Her Majesty's Principal Secretaries of State, and until notification of that disapproval has been received and published by Her Majesty's Minister in China.

     (b.) That approval, where given, shall be conclusive, and the validity and regularity of any Regulations so approved shall not be called in question in any legal proceeding whatever.

12. Any Regulations made under th's Order may, if Her Majesty's Minister in China thinks fit, impose penalties for offences against the same.

13.-Penalties so imposed shall not exceed the following, namely:-For any offence imprisonment for three months, with or without hard labour, and with or without a fine of $500, or a fine of $500 without imp.isonment, with or without a further fine for a continuing offence of $25 for each day during which the offence continues after the original fine is incurred.

14.-Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being inflicted.

     15.-All Regulations made under this Order, whether imposing penalties or not, shall be printed, and a printed copy thereof shall be affixed, and be at all times kept exhibited conspicuously in the public office of each Consulate in China.

16.--Printed copies of the Regulations shall be kept on sale at such reasonable price as Her Majesty's Minister in China from time to time directs.

     17.-Where a Regulation imposes a penalty, the same shall not be enforceable in any Consular district until a printed copy of the Regulation has been affixed in the public office of the Consulate for that district, and has been kept exhibited conspicuously there during one month.

     18.-A charge of an offence against a Regulation made under this Order, imposing a penalty, shall be enquired of, heard, and determiued as an ordinary criminal charge under the China and Japan Order in Council, 1865, except that (nothwithstanding anything in that Order) where the Regulation is one for securing observance of the stipulations of a Treaty, the charge shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court) without

Assessors.

     19.-A printed copy of a Regulation, purporting to be made under this Order, and t› be certified under the hand of Her Maje Minister in China, or under the hand and Consular s al of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the due making of the Regulation, and of its contents.

     20. The foregoing provisions authorising Regulations for China are hereby extended to Japan, with the substitution of Japan for China, and of the Mikado of Japan for the Emperor of China, and of Her Majesty's Minister in Japan for Her Majesty's Minister in China, and of Her Majesty's Consular Officers in Japan for Her Majesty's Consular Officers in China.

Prison Regulations.

21.-The respective powers aforesaid extend to the making of Regulations for the government, visitation, care, and superintendence of prisons in China or in Japan, and for the infliction of corporal or other punishment on prisoners committing offences against the rules or discipline of a prison; but the provisions of this Order respecting penalties, and respecting the printing, affixing, exhibiting, and sale of Regulations, and the mode of trial of charges or offences against Regulations do not apply to Regula'io 18 respecting prisons and offences of prisoners.

Mortgages.

22.-A deed or other instrument of mortgage, legal or equi able, of lands or houses in China or in Japan, execute! by a British subject, may be registered at any time after its execution at the Consulate of the Consular district wherein the property mortgaged in situate.

23.-Registration is made as follows:-The original and a copy of the deed or other instrument of mortgage, and an affidavit verifying the execution and place of

Digitized by

Google

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881

180

execution thereof, and verifying the copy, are brought into the Consulate; and the copy and affidavit are left there.

24-If a deed or other instrument of mortgage is not registered at the Con- sulate aforesaid within the respective times following (namely):

(i.) Within fourteen days after its execution, where it is executed in the Consular district wherein the property mortgaged is situate :

(ii.) Within two months af er its execution, where it is executed in China or Japan, elsewhere than in that Consular district, or in Hongkong:

(iii) Within six months after its execution, where it is executed elsewhere than in China, Japan, or Hongkong:

     then, and in every such case, the mortgage debt secure 1 by the deed or other instru- ment, and the interest thereon, shall not have priority over jud; nt or simple con- tract debts contracted before the registration of that deed or ot. 1 instrument.

25.-Registered deeds or other instruments of mortgage, lor equitable, of the same lands or houses have, as among themselves, priority in .der of registration. 26.-(a.) The provisions of this Order do not apply to a deed or other instru- ment of mortgage executed before the commencement of this Order.

       (b.) As regards a deed or other instrument of mortgage executed before the commencement of this Order, the Regulations repealed by this Order shall, notwith- standing that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had originally been made by Order in Council.

       27. The power conferred on the Chief Justice of the Supreme Court for China and Japan by Article 127 of the China and Japan Order in Council, 1865, of framing Bales from time to time, is hereby extended to the framing of Rules for prescribing and regulating the making and keeping of indexes, and of a general index to the re- gister of mortgages, and searches in those indexes, and other particulars connected with the making, keeping, and using of those registers and indexes, and for authoris- ing and regulating the unregistering of any deed or other instrument of mortgage, or the registering of any release or satisfaction in respect thereof.

Bills of Sale.

28.-The provisions of this Order relating to bills of sale-

       (i.) Apply only to such bills of sale executed by British subjects as are intended to affect chattels in China or in Japan:

       (ii.) Do not apply to bills of sale given by sheriffs or others under or in execu- tion of process authorising seizure of chattels.

29.-(a.) Every bill of sale must conform with the following rules (namely): (1.) It must state truly the name, description, and address of the grantor. (2.) It must state truly the consideration for which it is granted.

(3.) It must have annexed thereto or written thereunder an inventory of the chattels intend d to be comprised therein.

       (4) Any defeasance, condition, or declaration of trust affecting the bill not contained in the body of the bill must be written on the same paper as the bill.

(5.) The execution of the bill must be attested by a credible witness, with his dress and description.

      (b.) Otherwise, the bill is void in China and in Japan to the extent following, but not further (that is to say):

       (i.) In the case of failure to conform with the rule respecting an inventory, as far as regards chattels omitted from the inventory; and

(ii) In any other case, wholly.

      (e.) The inventory, and any defeasance, condition, or declaration as aforesaid, respectively, is for all purposes deeme I part of the bill.

30.-A bill of sale conforming, or appearing to conform, with the foregoing males, may be registered, if it is intended to affect chattels in China, at the Supreme Court; and if it is intended to affect chattels in Japan, at the Court for Japan; or in sther case at the Consulate of the Consular district wherein the chattels are, within the respective times following and not afterwards (namely):

Digitized by Google

190

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.

(i.) Within fourteen days after its execution, where it is executed in the Con- sula district wherein the chattels are:

(ii.) Within two months after its execution, where it is executed in China or in Japan, elsewhere than in that Consular district, or in Hongkong.

      (iii.) Within six months after its execution, where it is executed elsewhere than in China, Japa", or Hongkong.

31.-Registration is made as follows: The original and a copy of the bill of sale, and an affidavit verifying the execution, and the time and place of execution, and the attestation thereof, and verifying the copy, are brought into t'e proper office of the Court or Consulate; and the copy and affidavit are left there.

32.-If a bill of sale is not registered at a place and within the time by this Order appointed and allowed for registration thereof, it is, from and after the expiration of the time, void in China or in Japan, according as that place is in China or in Japan, to the extent following but not further (that is to say):

(i.) As against trustees or assignees of the estate of the grantor, in or under bankruptcy, liquidation, or assignment for benefit of creditors; and

(ii) As against all sheriffs and others seizing chattels under process of any

Court, and any person on whose behalf the seizure is made; but only

(iii) As regards the property in, or right te, the possession of such chattels comprised in the bill as, at or after the filing of the petition for bankruptcy or liqui- dation, or the execution of the assignment, or the seizure, are in the grantor's posses- sion, or apparent possession.

38.-Registered bills of sale affecting the same cha'tels have as among them- selves priority in order of registration.

34.-Chattels comprised in a registered bill of sale are not in the possession, order, or disposition of the grantor within the law of bankruptcy.

35.-If in any case there is an unregistered bill of sale, and within or on the expiration of the time by this O der allowed for registration thereof, a subsequent bill of sale is granted affecting the same or some of the same chattels, for the same or part of the same debt, then the subsequent bill is, to the extent to which it com- prises the same chattels and is for the same debt, absolutely void, unless the Supreme Court for China and Japan, or the Court for Japan, as the case may require, is satisfied that the subsequent bill is granted in good faith for the purpose of correcting some material error in the prior bill, and not for the purpose of unlawfully evading the operation of this Order.

years.

36.--The registration of a bill of sale must be r new d once at least every five

      37.-Renewal of registration is made 's follows:-An affidavit stating the date of and parties to the bill of sale, and the date of the original registration, and of the last renewal, and that the bill is still a subsisting security, is brought in to the proper office of the Court or the Consulate of original registration, and is left there.

38.-If the registration of a bill of sale is not so renewed in any period of five years, then on and from the expiration of that period the bill is deemed to be unregistered.

     39.-The provisions of this Order relating to renewal apply to bills of sale registered under the Regulations repealed by this Order.

40 ---A transfer or assignment of a registered bill of sale need not be registered; and renewal of registration is not necessary by reasou only of such a transfer or assignment.

     41.-Where the time for registration or renewal of registration of a bill of sale expires on a Sunda, or other day on which the office for registration is closed, the registration or renewal is valid if made on the first subsequent day on which the office is open.

42. If in any case the Supren e Court for China and Japan, or the Court for apan, as the case may require, is satisfied that failure to register or to renew the 7 gis'fation of a bill of sale in due time, or any on ission or misstatement connected h registration or renewal, was accidental or inadvertent, the Court may, if it thinks

Digitized by

Google

THE CHINA AND JAPAN ORDER IN COUN 'IL, 1981.

101

fit, order the failure, omissiou, or misstatment to be rectified in such manner, and on such terms, if any, respecting security, uotice by advertisement or otherwise, or any other matter, as the Court thinks fit.

      43.-(a.) The provisions of this Order, except as regards renewal of registrations, do not apply to a bill of sale executed be ore the commencement of this Order.

(b.) As regards a bill of sal, executed before the commencemeat of this Order. the Regulations repealed by this Order shall, notwithstanding that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had originally been made by Order in Council.

      44.-The power conferred on the Chief Justice of the Supreme Court for China and Japan by Article 127 of the China and Japan Order in Council, 1865, of framing Rules from time to time, is hereby extended to the framing of Rules for prescribi g and regulating the making and keeping of indexes, and o a general index, to the registers of bills of sale, and searches in those indexes, and other part culars cɔn- nected with the making, keeping, and using of those registers an I indexes, and for authorising and regulating the unregistering of any bill of sale, or the registering of any release or satisfaction in respect thereof.

Suits by or against Partners.

45.-(a.) The following are Rules of Procedure of Her Majesty's Courts in China and Japan, under the Caina and Japan Order in Council, 1865:

      (1.) Persons claiming or being liable as partners may sue or be sued in the firm name, if any.

(2.) Where partners sue in the firm name, they mus', on demand in writing on behalf of any defen·lant, forthwith declare the names and addresses of the partne s. (3.) Otherwise, all proceedings in the suit may, on application, be stayed on

such terms as the Court thinks fit.

      (4.) When the names of the partners are so declared, the suit proceeds in the same manner, and the same consequences in all respects follow, as if they had been named as the plaintiffs in the petition.

(5.) All subsequent proceedings, nevertheless, continue in the firm name.

(6.) Where partners are sued in the firm name. the petition must be served either on one or more of the partners within the jurisdiction, or at the principal place of the partnership business within the jurisdiction, on some person having then and there control or management of the partnership business.

(7.) Where one person, carrying on busin 8 in the name of a firm app ɩrently representing more persons than one, is sued in the firm name, the petition may ha served at the principal place of the business within the jurisdiction on some person having then and there control or management of the business.

(8.) Where partners are sued in the firm nam, they must appear individually

in their own names.

(9.) All subsequent procedings, nevertheless, conținue in the firm name.

     (10.) Where a person, carrying on business in the name of a firm apparently representing more persons than one, is sued in the firm name he must appear is his

own name.

(11.) All subsequent proceedings nevertheless continue in the firm name.

     (12.) In any case not herein efore pr›vid d for, where persons claiming or being liable as partne.s sue or are sued in the firm name, any party to the suit may, on application to the Court, obtain a s'a ement of the names of the persons who are partners is the firm, to be furnished and verified on oath or otherwise, as the Court thinks fit.

     (13.) Where a judgment is against pa tners in the firm name execution may issue-

(i.) Against any property of the partners as such; and

(ii) Against any person who has admitted in the suit that he is a partner, or who has been adjudged to be a parter; and

(in.): Against any pen on who has been served in the suit as a partner, and han kie appear.

Digitized by

Google

192

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881

(14.) If the party who has obtained judgment claims to be entitled to issue execution against any other person as being a partner, he may apply to the Court for leave so to do; and the Cour!, if the liability is not disputed, may give such leave, or if it is disputed may order that the question of the liability be tried and determined as a question in the suit, in such manner as the Court thinks fit.

   (b.) The foregoing Rules may be from time to time varied by Rules of Proce- dure mad- under the China and Japan Order in Council, 1865.

(c.) Printed copies of the foregoing Rules must be exhibited conspicuously in each Court and Consulate in China and Japan, with the other rules of Procedure for the time being in force under the China an ! Japan Order in Council, 1865, and be sold at such reasonable price as the Chief Justice of the Supreme Court from time to time directs.

(d.) A printed copy of the foregoing Rul s purporting to be certified under the band of the Chief Justice of the Supreme Court and the seul of that Court is for all purposes conclusive evidence thereof.

    46.~(a.) The provisions of this. Order do not apply to proceedings instituted by or against partnerships or partners or agents thereof, before the commencement of this Order.

    (b.) As regards proceedings instituted by or against partnerships or partners or agents thereof before the commencement of this Order, the Regulations repealed by this Order shall, notwithstanding that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had been Rules of Procedure made under the China and Japan Order in Council, 1865; and, as regards the same proceedings, the Rule of Procedure (252) repealed by this Order shall continue to have effect, notwithstanding that repeal, subject always to the operation of the Regulations repealed by this Order.

Suits by or against Foreigners.

47.-(a.) Where a foreigner desires to institute or take a suit or proceeding of a civil nature against a B.itish subject, or a British subject desires to institute or take a suit or proceeding of a civil nature against a foreigner, the Supreme Court for China and Japan, and the Court for Japan, and a Provincial Court, according to the respective jurisdiction of the Court, may entertain the suit or proce ding and hear and determine it; and, if all parties desire, or the Court directs, a trial with a jury or assessors, then, with a jury or assessors, at a place where such a tria! might be had if all parties were British subjects, but in all other respects according to the ordinary course of the Court.

    (b.) Provided that the foreigner first obtains and files in the Court the consent in writing of the competent authority of his own nation to his submitting, and that he doe submit, to the jurisdiction of the Court, and, if required by the Court, gives security to the satisfaction of the Court, and to such reasonable amount as the Court directs, by deposit or oth rwise, to pay fees, damages, costs and expenses, and abide by and perform the decision to be given either by the Court or on appeal.

    (c.) A counter-claim or cross-suit cannot be brought or instituted in the Court against a plaintiff, being a foreigner, who has submitted to the jurisdiction, by a defendant, except by leave of the Court first obtained.

    (d.) The Court, before giving leave, requires proof from the de'cn lan hat his claim arises out of the matter in dispute, and that there is rasonable ground for it, and that it is not made for vexation or delay.

(e.) Nothing in this provision prevents the defendant from instituting or taking in the Court against the foreigner, after the termination of the suit or procee ling in which the foreigner is plaintiff, any suit or proceeding that the defendant might have instituted or taken in the Court einst the for igner if no provision restraining counter-claims or crow spits had been inserted in this Order.

    () Where a foreigner obtains in this Court an order against a defendant, being a British subject, and in another suit that defendant is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subj. ct, stay the enforcement of the order pending that other suit, and may set off any

Digitized by Google

THE CHINA, JAPAN, ANd corea oRDER IN COUNCIL, 1984

193

     amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit.

      (9.) Where a plaintiff, being a foreigner, obtains in the Court an order against two or more defendants, being British subjects, jointly, and in another suit one of them is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit, without prejudice to the right of the British subject to require contribution from his co- defendants under the joint liability.

      (h.) Where a foreigner is co-plaintiff in a suit with a British subject who is within the particular jurisdiction, it is not necessary for the foreigner to make deposit or give security for costs, unless the Court so direct; but the co-plaintiff British subject is responsible for all fees and costs.

Chinese, Japanese, and Foreign Tribunals.

       48.-(a.) Where it is shown to the Supreme or other Court that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chinese or Japanese judicial officer, or in a Court or before a judicial officer of any State in amity with Her Majesty, the Supreme or other Court may, if it thinks fit, in a case and in circumstances in which it would require his attendance before itself, order that he do attend as so required.

(b.) A Provincial Court, however, cannot so order attendance at any place beyond its particular jurisdiction.

(c.) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the Supreme or other Court, he is, indepen- dently of any other liability, guilty of an offence against this Order, and for every such offence, on conviction thereof, by summary trial, is liable to a fine not exceeding $500, or to imprisonment for not exceeding one month, in the discretion of the Court.

The SCHEDULE to which the foregoing Order in Council refers.

L-Regulations made by Sir Rutherford Alcock, while Her Majesty's Minister in China, instituted or designated as Land Regulations, Regulations, and Bye-Laws annexed to the Land Regulations for the foreign quarter of Shanghai north of the Yang-King-Pang, and commonly called the Shanghai Land Regulations.

II.-Port, Consular, Customs, and Harbour Regulations applicable to all the Treaty ports in China, dated 31st May, 1869.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884

Preambin.

AT THE COURT at Windsor, the 26th day of June, 1884.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS, by Treaty and otherwise, Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the King of Corea:

   Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and other-

7

Digitized by

Google

Short Title.

Amterpretation.

Consular Courts in Corel,

Her Majesty's Jurisdiction to be exercised mocording to this Order. Courts in Cores to be deemed

Provincial

Courts.

    Bævreme Court wit Bhanghai to

194

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884

wise in Her vested, is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:-

1.-This Order may be cited as the China, Japan, and Corea Order in Council, 1884.

2.-In this Order-

The expression, the "China and Japan Orders in Council," means the following:-

The China and Japan Order in Council, 1865, as amended by the Orders in Council dated the 13th May, 1869, and the 30th April, 1877;

The Orders in Council of the 19th June, 1868; and the 21st July,

1876, relating to Consular fees;

The China and Japan Maritime Order in Council, 1874;

The China and Japan Order in Council, 1878;

The China and Japan Order in Council, 1881;

The Shanghai Shipping Registry Order in Council, 1883;

and any Order Council amending or extending this or any of the above- mentioned Orders in Council.

"

The expression "Corea means the dominions for the time being of the King of Corea, including the territorial waters thereof.

Other expressions to which meanings are assigned by the China and Japan Order in Council have the same meanings in this Order unless the subject or context otherwise requires.

In the China and Japan Orders in Council, and in this Order, the expression "British subject" shall include a British protected person in so far as by Treaty, capitulation, grant, usage, sufferance, or other lawful means, Her Majesty has jurisdiction in relation to such persons in China, Japan, and Corea respectively.

This Order may be cited as the China, Japan, and Corea Order in Council, 1884.

3.-Any person, for the time being, acting as Consul General, Consul, or Vice-Consul holding Her Majesty's commission for Corea or any part thereof, or any person acting temporarily with the approval of a Secretary of State, or in case of emergency appointed temporarily by or acting with the approval of Her Majesty's Minister for Corea, as and for a Consul- General, Consul, or Vice-Consul as aforesaid, shall in and for such district as may be assigned by his commission or appointment, or as may be so approved, hold and form a Court for the purposes of this Order.

4. For the purposes and subject to the provisions of this Order :- (i.) All Her Majesty's jurisdiction exercisable, for the time being, in Corea, under the Foreign Jurisdiction Acts, shall be exercised by a Court acting under tuis Order.

(ii) Such jurisdiction shall be exercised under and in accordance with the provisions of the China and Japan Orders in Council, and of any Rules and Regulations made under the authority thereof, and for the time being in force so far as the same are applicable, as if in those provisions expressions referring to Japan, or to any Government, Sovereign, person, thing, or matter in or relating to Japan, referred also mutatis mutandis to Corea, and to the corresponding Government, Sovereign, person, thing, or matter in or relating to Corea; and for the purposes of the said Orders in Council, Rules and Regulations as applied by this Order, a Court acting under this Order shall be deemed to be a Provincial Court.

(iii.) All powers and jurisdiction, whether original, appellate, or have jurisdiction auxiliary, which can, under the said Orders, be exercised by the Supreme Court at Shanghai, or any Judge thereof, in relation to Japan, or any district thereof, or Provincial Court therein, shall be exercisable in relation to Corea, and any district or Provincial Court therein.

Digitized by

Google

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884

195

risdiction under-

of Corean

5.-The power and jurisdiction exercisable under this Order, or under Power and Ju- the said Orders in Council, as applied to Corea, shall, in relation to Corea, this order sub- be exercised subject to the provisions of the Treaty dated the 26th jest to provisions November, 1883, between Her Majesty and the King of Corea, and to the Treaty. Regulations and Protocol appended to the said Treaty, and to the pro- visions of any other Treaty for the time being in force between Her Majesty and the King of Corea, ani the provisions of the said Treaty, Regulations, and Protocol shall have effect as if incorporated in this Order.

and Orders in

applicable.

6.-Where, by virtue of any Imperial Act. or of any of the China and Imperial Acts Japan Orders in Council, or this Order, or otherwise, any provisions of Council: how fas any Imperial Acts, or of any Orders in Council other than this Order, are applicable in China, or Japan, or Corea, or any forms, regulations, or pro- cedure prescribed or established by or under any such Order or Act, in relation to any matter, are made applicable for any purpose of any of the China or Japan Orders in Council, or of this Order, such acts, forms, regulations, or procedure shall be deemed applicable, so far only as the constitution and jurisdiction of the Courts and the local circumstances permit; and for the purpose of facilitating their application, they may be construed or used with such alterations and adaptations not affecting the substance as may be necessary, and anything required to be done by or to any Court, Judge, officer, or authority may be done by or to a Court, Judge, officer, or authority having the like or analogous functions; and the seal of the Consular Court may be substituted for any seal required by any such act, order, forin, regulation, or procedure, and in case any difficulty occurs in the application of any such act, order, form, regulation, or procedure, it shall be lawful for a Secretary of State to direct by and to whom and in what manner anything to be done un ler such act, order, or regulation is to be done, and such act or order shall, in its application to matters arising under the China and Japan Orders in Council, or this Order, be construed accordingly.

cases of murder

7.-(i.) In cases of murder or manslaughter, if either the death or Jurisdiction in the criminal act which wholly or partly caused the death happened within and manslaught the jurisdiction of a Court acting under the China and Japan Orders in *r. Council or this Order, such Court shall have the like jurisdiction over any person being a British subject, who is charged either as the principal offender or accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both such criminal act and the death had happened within such jurisdiction.

high seas.

(ii.) In the case of any crime committed on the high seas, or within Crimes on the the Admiralty jurisdiction, by any British subject on board a British ship, or on board a foreign ship to which he did not belong, a Court acting under this Order shall have jurisdiction as if the crime had been com- mitted within the district of such Court. In cases tried under this Article to different sentence can be passed from the sentence which could be passed in England if the crime were tried there.

under Foreign

      (ui.) The foregoing provisions of this Article shall be deemed to be Adaptations adaptations for the purposes of this Order, and of "The Foreign Juris- Jurisdiction diction Act, 1878," of the following enactments described in the first schedule to tbat Act (that is to say):

"The Admiralty Offences (Colonial) Act, 1849." "The Admiralty Offences (Colonial) Act, 1860." "The Merchant Shipping Act, 1867," section 11.

      And the said enactments shall, so far as they are repeated and adapted by this Article (but not further or otherwise), extend to China, Japan, and Corea.

Act.

Offenders Act.

8-"The Fugitive Offenders Act, 1881," shall apply, in relation to Fugitive British subjects, to China, Japan, and Corea respectively, as if such

1

Digitized by

Google

196

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884

countries were British possessions, and for the purposes of Part II. of the said Act and of this Article, China, Japan, and Corea shall be deemed to be one group of British possessions, and Her Majesty's Minister for China, H. M. Minister. Japan, or Corea (as the case may be) shall have the powers of a Governor

or Superior Court of a British possession.

Powers of

Judicial Notice to be taken.

Provisions of

Evidence Act, 1861,

to apply.

When to come

9.-Judicial notice shall be taken of the China and Japan Orders in Council and of this Order, and of the commencement thereof, and of the appointment of Consuls or other officers, and of the constitution and limits of the Consular Courts and districts, and Consular seals and signatures, and of any Rules or Regulations made or in force under the China and Japan Orders in Council or this Order, and no proof shall be required of any of such matters.

The provisions of "The Evidence Act, 1851" (14 and 15 Vict., cap. 99), sections 7 and 11, relating to the proof of judicial and other documents, shall extend, and be applied for all purposes as if the Courts, districts, and places to which the China and Japan Orders in Council or this Order applies were in a British Colony.

10. This Order shall come into operation at such time or times in into operation. China, Japan, and Corea respectively as a Secretary of State, by a notice published in the London Gazette at or after the time of the publication therein of this Order, directs.

Publication.

11.-This Order shall be published in China, Japan, and Corea in such manner, and printed copies thereof shall be kept for sale at the Consular Courts there at such prices. as a Secretary of State from time to time directs.

And the Right Honourable the Earl Granville and the Right Honour- able the Earl of Derby, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

C. L. PEEL.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

AT THE COURTt at Balmoral, THE 9TH DAY OF SEPTEMBER, 1884.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by Treaty and otherwise Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the King

of Corea :

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and other- wise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:

1. This Order may be cited as the China, Japan, and Corea Order in Council, 1884 (Supplemental).

2.-This Order shall be construed with the China, Japan, and Corea Order in Council, 1884 (herein called the Principal Order).

8.-Notwithstanding anything contained in the Principal Order, or in any notice published in pursuance thereof, the Principal Order, so far as it relates to Corea, and also this Order, shall come into operation on the day named in this Order as the date of this Order.

Digitized by

Google

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886 197 4-The provisions of the China and Japan Order in Council, 1881, Articles 6 to 20, both inclusive, so far as the same are for the time being in force, shall apply to Corea mutatis mutandis, with the substitution in the 20th Article thereof of "Corea" for "Japan," and of the "King of Corea' for the "Mikado of Japan," provided that all things to be done under the said Articles by Her Majesty's Minister in Cuina may be done in relation to Corea either by Her Majesty's Minister in China or by any person appointed or acting as Her Majesty's Minister for Corea, or, with the approval of a Secretary of State, by any person acting as Consul- General for Corea.

       5.- This Order shall be published in Corea in such manner, and printed copies thereof shal: be kept for sale at the Consu.ar Courts there at such prices as a Secretary of State from time to time directs.

       And the Right Honourable the Earl Granville, one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them way respectively appertain.

C. L. PEEL.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886.

AT THE COURT AT WINDSOR, THE 3RD DAY OF APRIL, 1886. PRESENT:

      THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS, by Treaty and otherwise, Her Majesty the Queen has power and jurisdiction within China and Japan and the dominious of the King of Corea.

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts 1843 to 1878 and otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

       1. This Order may be cited as the China, Japan, and Corea Order in Council, 1886.

       2.-The 4th Article of the China, Japan, and Corea Order in Council, 1884, shall, for all purposes, be construed as of for the sub-section thereof numbered (3) there were substituted the following sub-section :-

(3.) All powers and jurisdiction, whether original, appellate, or auxiliary, which can, under the said Orders, be exercised in relation to any Provincial Court in Japan, or in, or in relation to, the district of any such Court by the Court for Japan, or by the Supreme Court fo· China and Japan, may be exercised in relation to Corea or any Provincial Court therein, or in, or in relation to, the district of any such Court by the Supreme Court for China and Japan.

Provided that nothing in this Order shall render invalid anything done before the commencement of this Order, or before the publication of this Order in China or Corea.

       3.-This Order shall come into operation forthwith, and shall be published in China and Corea, and printed copies thereof shall be kept for sale at the Consular Courts in Corea.

And the Right Honourable the Earl of Rosebery, one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty are to give the necessary directions herein as to them may respectively appertain.

O. L. PEEL.

Digitized by Google

196

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1836, &c.

THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886.

At the Court at Osborne HOUSE, ISLE OF Wight, 3rd August, 1886.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS it is expedient to amend the Order in Council relating to the exercise of

Her Majesty's power and jurisdiction in China, Japan, and Corea:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and otherwise, in her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:--

1.-This Order may be cited as "The China, Japan, and Corea Order in Council, 1886." 2.-So much of the 47th section of the China and Japan Order in Council, 1881. as is contained in the second sub-section thereof, commencing with the word provided," and ending with the word "appeal," and relating to the conditions on which jurisdiction may be exercised in the case of foreigners desiring to submit to the jurisdiction of Her Majesty's Courts, is hereby repealed as respects China, Japan, and Corea, and the following provision is substituted :-

(b) Provided that the foreigner: (i.) first files in the Court his consent to the juris- diction of the Court; and (ii.) also, if required by the Court, obtains and files a certi- ficate in writing from a competent authority of his own Government to the effect that no objection is made by that Government to the foreigner submitting in the particular cause or matter to the jurisdiction of the Court; and (iii.) also, if required by the Court, gives security to the satisfaction of the Court, to such reasonable amount as the Court directs, by deposit of money or otherwise, to pay fees, costs, damages, and ex- penses, and to abide by and perform the decision to be given by the Court or on appeal.

3.-This Order shall come into operation as from the date of its publication in the London Gazette, but until the 1st October, one thousand eight hundred and eighty- six, proceedings may be taken either in accordance with the provision bereby repealed or in accordance with the provisions of this Order.

     And one of Her Majesty's Principal Secretaries of State and the Lords Com- missioners of the Admiralty are to give the necessary directions hereiu.

C. L. PEEL.

TABLES OF CONSULAR FEES

To be taken in China, Japan, and Corea, in pursuance of the Aota 6 Geo. IV., cap. 87, and 12 and 13 Vic., cap. 68, and of the China. Japan, and Cores (Consular Fees) Order in Council, 1887.

PART I.

Fees to be taken in respect of Matters in which the Consul's Interposition is required by Law.

      1. For every declaration taken or recorded $ o. under the Merchant Shipping Acts, with a view to the registry, transfer and transmission of ships, in- terests in ships, or mortgages on ships.......

2. For endorsing a memorandum of change of master upon the certificate of registry, and initial- ing his signature on agreement with crew, if re- quired

      8.- For granting a provisional certificate of re- gistry (this fee to be exclusive of fees on de- clarations)

      4-For recording a mortgage of a ship, or shares in a ship, made under a certificate of mort- Rage

      6. For recording the transfer of a mortgage of a ship, or shares in a ship, made under a certificate of mortgage...

      6. For recording the discharge of a mortgage of a ship, or shares in a ship, made under a certificate of mortgage.

11. For every alteration in agreements with $ o seamen made before the Consul

0 50

2.00

12.-For every seaman discharged or left behind with the Consul's sanction....

0 50

1.00

13.-For every desertion certified by the Consul 14. For attesting a seaman's will (see No. 99) 15. For examination of provisions or water, to be paid by the party who proves to be in default, in addition to costs of survey..

0 50

0 50

3 00

5.00

16. For every salvage bond made in pursuance of 17 and 18 Vict., cap. 104, sec. 488, to be paid by the master or owner of the property salved................

12.00

5 00

17.-For making endorsement on ship's papers na required by section 279 of "The Merchant Ship- ping Act, 1854".

5.00

5.00

7. For every sale of a ship, or shares in a ship, made before the Consul under a certificate of sale... 5 00

      8.-For inspection of the register book of trans- sations of ships, kept in pursuance of Merchant Shipping Acts......

0 75 (To include the fee for inspection of ship's papers, See No. 43.) Marriage Fees, as fixed by Act 12 and 13 Vict., cap. 6, to be levied by Consular Officers duly authorised to solemnise

Marriages.

18. For receiving notice of an intended marriage

£ s. d.

0 10 0

19.-For granting a licence for a marriage... 20.-For receiving a caveat

1 00

1 00

1.00

        For certified copy of extract from register book of tranmotions in ships..."

0 76

21.-For every marriage solemnised by the Consul, or in his presence if by licence 29.-Ditto, if without licence...

1 00

0 10 @

10.-For every seaman engaged before the

0 50

NOTE.-The above Foos, 18 to 22 inclusive, if not paid in English gold are to be calculated at the Government rate of exchange.

Digitized by Google

TABLES OF CONSULAR FEES

PART II.

Pra to be taken in respect of Matters in which the Consul's Interposition is to be given who, required by the Parka

-For noting a marine protest and furnish-

ing one certified oopy if required.......

          -For 1ling a request for survey and issuing order of survey

-For receiving report of survey, filing original in archives, if not exceeding 200 words, and furnishing, if required, one certified copy of request, order, and report of survey

26-For extending marine protest, if not ex- ending 200 words, fling original, and furnishing one certified copy if required. This to be exclusive of fee for oaths or declarations (see No. 48), or for drawing, if required, the body of the protest (see No. 93)

interested.

$ 0.

2. 00

8. 00

6.00

6. 00

17.-For any other protest, if not exceeding 200 warda, filing original, and furnishing one certified copy, if required. This to be exclusive of fee for draw- ing, if required, the body of the protest (see No. 93) 6 00

28.-if the protest or report of survey exceed 30 words, for every additional 100 words or frac- tion thereof

          29.--For attesting average, bottomry or arbitra- tion bond, each copy (see No. 29)

30. For preparing a fresh agreement with the crew of a British vessel on new articles of agreement being opened at a foreign port, and for furnishing the copy which the Merchant Shipping Acts require should be made accessible to the crew

31-Bill of health

0 75

1 50

32-Certifying to a foreign bill of health. 33.-Certificate of origin of goods and filing copy 8:00 34.--Certificate of due landing of goods exported

from a British port

          35.-For application addressed to local authori. ties for arrest or imprisonment of a seaman, if granted pursuant to the request of the master

36.-Ditto, for release of a seaman

54.-For each execution of a power of attorney attested by the Consul (see No. 101)

N.B.-When more than four pera vis execite power at the gime a fee of 8 dollars only is to bê char şed.

55.-For attesting the exec ition of a will of any person not being a British seaman (see No. 99)....

56. For each execution of a deed, bond, or con- veyance under seal, attested by the Consal...

8:00

8:00

N.B.-When more than four person 4 execute an instrument si the same time a fee of eight dollars only is to be charged.

67.-For each signature to na application for s patent attested by the Consul....

1.80

63.-For attaching Consula · signature, and seal if required, to quarterly or montily declarations for Government-pay, half-pay, or ! naion

0 50

59.-For attaching Consular signature to all other declarations of existence

0 78

1 50 8.00

1 50

1.80

60.-Ditto, if drawn up by Consul.....

61. For certificate of a pron's identity. 62.-For attesting the sip ¡ature of a foreign authority

63.---For each signature att sted by the Conmal in any document not otherwise provided for

N.B.-No toe is to be charged ir attesting a signature to any document required for the deposit for withdrawal of money in or from the Post Office Savings Bank.

3.00 3.00

3 00

64.--For receiving and giv`ɩg a receipt for any document, packet, or article posited in the Con- sulate under the conditiona o. Fee No. 107...

66.-For registration of a i. rth or death (except the death of goman)

150

Q 78

8. 00

66.-For any registration not otherwise provided

for

1.00

1 50 1 50

37.-For each certificate granted as to the num- bar of the crew of a vessel, or as to any other rastter required by local authorities for the clear- ance inwards and outwards of a vessel (508 No. 38)....... 1 50

36.-For drawing up in form and language re quired by local authorities, a muster-roll, or de- tailed list, giving the names, &c., of each member of the crew of a vessel (to be charged in addition to No. 87)

           -For amixing Consular signature and seal, if required, to a ship's manifest

40.--For amiring Consular seal or signature to say entry in the official log of a British vessel, if not required by the Merchant Shipping Act..

41.-For attesting the execution of a bill o' sale of a ship, or shares in a ship.

-For any document required from Consul by forsign authorities as a preliminary to the en- gagement of a British seaman in a foreign vessel, including official seal and signature....

N.B.-No fee is to be charged for the registration of a British sub- ject at a Consular office, where such registration is not compulsory under Order in Council.

67. For issue of certificate of British registra- tion, when such registration is not compulsory under Order in Council

100

68.-For each search in the register books of births, marriages, or deaths kept at the Consulate 078

69.-For furnishing a certified copy of an entry in register books of births, marriages, or deaths (see No. 68)

0.78

0 75

8. 00

70.-For certifying to a copy of any document or part of a document, if not exceeding 100 words... 71.-If exceeding 100 words, for every additional 100 words or fraction thereof..

1 50

1 80

1.50

N.B.-An additional fee is to be charged when the copy is made by the Consul (see No. 96).

1 50

72.-Passport

1 80

73.-Visa of a passport

0 78

74.-For issue of certificate of nationality..

1.00

75.-Consular request to local authorities for a

0 50

passport pass, or visa ...

0.78

75A.-For transit pass

4.80

76.-Opening the will of a British subject, not being a seaman, including Consular signature to minute of proceedings....

6.00

77.

43.-For inspecting ship's papers when their production is required to enable a consular officer to perform any specifle service on the ship's behalf... 0 75 X.B.~~This Fee not to be charged when Foe No 17 is

+ leviable.

44-For granting any certificate not otherwise

provided for, if not exceeding 100 words

1 50

          45.--If exceeding 100 words, for every additional 100 or fraction thereof..

1 50 2.00 6:00

0 75

·

46.-For noting a bill of exchange 47.-For protest of a bill of exchange and copy 48.-For administering an oath, or receiving a declaration or affirmation without attestation of signature

49.-For administering an oath, or receiving a declaration or affirmation with attestation of signa- tare.

1 50

          50.-For each Consular signature attached to an exhibit referred to in an affidavit or declaration.

            51.-For each alteration or interlineation initial- ed by the Consul in any document not prepared by

0 75

0 25

62-For each signature to a transfer of sharOS

0 75

or stock attested by the Consul..

          43.---For each signature to a transfer of shares or stock attested by the Consul when exeonted in the presence of one or more witnesses besides the

14

WO

For the administration and distribution," or for either administration or distribution, of | 1⁄2 per the property, situate in the country of the Consul's cent. residence, of a British subject, not being a seaman, dying intestate, or if not intestate, when under- [ pross taken in the absence of legally competent repre- value, sentatives of the deceased

78.-For uniting documents and attaching Co. sular seal to the fastening...

79.--For directing search for, or obtaining from Public Record Office or elsewhere, ex rets from local registers, or copies of wills, deeds, or other matters, in addition to expenses incurred and any fees for attestation.....

0 78

80.-For affixing Consular signature, and seal if required, to any document not otherwise provið d for by this Table.

100

-N.B.-No charge is to be made for an order or lett r sending a seaman to hospital

81.-For each Consular seal affixed to a docu. ment, packet, or article, when no signature is re- quired

811.--For new title-deeds of land, including re- gistration

Digitized by

Google

200

TABLES OF CONSULAR FEES

#1c.-For notifying to authorities loss of owner's copy of title-deed, and requesting issue of copy to replace it

81D.For transfer of land.

0.

81¤.-For registration of foreclosure or mort-

5.00

6. 00

812.--For canoelment of title deeds.... 81.-For registration of titis-deeds issued by local authorities...

5 00

gage

811-For any entry, not otherwise provided for, made in land register at the request of the par- ties interested....

10 00

1 50

5 00

81.-For reference to land, mortgage, or other registers (except those under Nos. 8 and 68).

1 50

819.-For registration or discharge of mortgage 5:00

PART III.

1

Pem to be taken for certain ditendances in addition to any other Fee chargeable under the present Table, and to travelling and other Expenses (See Notes 3 and 4).

82.-At a shipwreck, or for the purpose of assist- $ c.

12.00

ng a ship in distress, per day

83.-At a shipwreck, at request of parties in. terested, to assist or advise as to salvage, per day... 18 00

     84.-At request of parties interested, or of local anthorities, at the affixing or removing of seals on property of deceased persons, if absent less than two

hours

85.-Ditto, ditto, for each additional hour, or fraction thereof, 3 dollars, with a maximum per day of

86.-At request of parties interested, or of local authorities, at a valuation, if absent less than two hours.................

87.-Ditto, ditto, for each additional hour, or fraction thereof, 3 dollars, with a maximum per day of

6.00

24.00

6 00

24 00

88. -At request of parties interested, or of local authorities, at a sale, if absent less than two hours 12 00

89.-Ditto, ditto, for each additional hour, or fraction thereof, 8 dollars, with a maximum per day of

90.-At request of parties interested, or of local authorities, for the transaction elsewhere than at the Consular Office of any of the duties for which a fee is provided in the Table of Consular Fees, for each hour, or fraction thereof, 3 dollars, with a maximum per day of.

91.-At the request of parties interested, for the transaction of any of the duties for which a fee is provided in the Table of Consular Fees, whether at the Consular Office, or at the Consul's residence, before or after the customary business hours of the place, for each half-hour, or fraction thereof...

914.At request of parties interested, or of local authorities, at a measurement of land, for each hour, or fraction thereof, 8 dollars, with a minimum of

24.00

24 00

1 50

6.00

Fres to be taken in respect of certain other Services which may be rendered by the Consul, at his discretion, at the request of Parties interested.

92.-For preparing average, bottomry or ar- & c. bitration bond (see No. 29)

93.-For drawing a declaration or other doon. ment, or the body of a protest, or for taking down in writing verbal declarations or depositions of per- sons made before the Consul, or for reducing into writing agreements made before him by contract- ing parties, exclusive of fees for attestation, &c. (800 Part II.), if not exceeding 100 words.

94.-If exceeding that number, for each subse- quent 100 words, or fraction thereof

95.-For assisting in drawing up petitions, ap- plications, or other doonments not specified, esch

96.-For making a copy of a document, if not exceeding 100 words, exclusive of fee for certificate (see Part II., No. 70).

     97.-If exceeding that number, for every subso- quent 100 words, or fraction thereof

6 00

106.-On sums remitted, or paid, to a Consul" by private persons to be expended, or handed over,

5 per in accordance with their instructions, a com- cent. mission of

N.B.-Fee No. 106 is not to be charged on sums received for charitable purposes or for the pecuniary relief or repatriation of British subjectâ in difficulty or distress.

107.-On deposits of money or valuables, a 5 per commission of

oent.

1 50

106.-On sums recovered by a Consul at the request, and on behalf, of private persons, a com- mission of

5 per

cent.

0 75

1 60

0 75

0 75

     N.B. If the copy tu in any foreign language double the above es are to be charged.

08.-For making or verifying a translation of a document, for every 100 words, or fraction thereof, exclusive of fee for certificate (see Part II., No. 44) 1 50

99. For drawing a will, `if not exceeding 200 words (see Nos. 14 and 55)

6 00

100--If exceeding that number, for every subse- quent 100 words, or fraction thereof

1 60

101. For drawing a power of attorney (see No.

54)

102.--In cases where one or more attesting wit- nesses, besides the Consul, are required, for each witness supplied by him at the request of the par- ties interested.....

8.00

0 75

     N.B.-As to the following fees (103 to 109) the discretionary ser- vices for which they are chargeable are not to be undertaken except at the sole risk and responsibfive of the purties remesting the same, and (except as regards Fres 103 an i 109) on condition of such Parties alguing the proper Declaration, as the case may be.

    103.---On cums advanced by a Consul at the 5 per request, and on behalf, of private persons, a com- mission of

Scout.

     104.-Attendance out of Consular office, at the request, and on behalf, of private persons, for the transaction of business which a Consul is permitted, but is not bound, to undertake under the Consular Regulations, for each hour, or fraction thereof, 3 dollars, with a maximum per day of (ace Notes 3 and 4)..

24. 00

N.B.-The deposit not to be accepted until the Consul holds_an acknowledgment, duly signed by or on behalf of the depositor. The Consul shall give a deposit receipt therefor.

In