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154
TREATY BETWEEN PRUSSIA AND CHINA.
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 apprehending 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 recover 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 entirely be recovered, the Chinese authorities shall then be punished in accordance with the Chinese law, without, however, in that case being com- pelled to restore the property taken.
Art. XXXIV. If subjects of any of the contracting German States have any occasion to address a communication to the Chinese authorities, they must submit the same to their Consular Officer, to determine if the matter be just, and the language be proper and re- spectful, in which event he shall transmit the same to the proper authorities, or return the same for alteration. 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 communi- cation to the Chinese authorities, who will act in like manner.
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Art. XXXV.—Any subject of any of the contracting German States having reason to 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 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.
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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 autho- rities 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 have been demolished, shall have a claim npon the despoilers of their property for indemnification proportioned to the injury sustained.
Art. XXXVII-Whenever a subject of His Majesty of China fails to discharge the debts due to 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 governments 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 com- mitted a crime against a snbject of one of the contracting German States, shall be apprehended by the Chinese authorities and punished according to the laws of China.
In like manner, if a subject of one of the contracting German States is guilty of a crime against a subject of His Majesty of China, the Consular Officer shall arrest him and punish him according to the laws of the State to which he belongs.
Art. XXXIX. All questions arising between subjects of the contracting German States in reference to the right 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 differences that may arise between subjects of one of the contracting German States and foreigners.
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