ARTICLE IV.
In case Chinese subjects conjointly with Japanese subjects organize a partnership or Company for a legitimate purpose, they shall equitably share the profits and losses with all the members according to the terms of the Agreement or Memorandum and Articles of Association, and the Regulations framed thereunder, and they shall be liable to the fulfilment of the obligations imposed by the said Agreement or Memorandum and Articles of Association, and the Regulations framed thereunder as accepted by them, and as interpreted by Japanese Courts. Should they fail to fulfil the obligations so imposed, and legal action be taken against them in consequence, Chinese Courts shall at once enforce fulfilment of such obligations.
It is understood that in case Japanese subjects conjointly with Chinese subjects organize a partnership or Company, they shall also equitably share the profits and losses with all the members according to the terms of the Agreement or Memorandum and Articles of Association, and the Regulations framed thereunder. Should such Japanese subjects fail to fulfil any of the obligations imposed by the said Agreement or Memorandum and Articles of Association, or by the Regulations framed thereunder, Japanese Courts shall, in like manner, at once enforce fulfilment of such obligations by them.
ARTICLE V.
The Chinese Government agree to make and faithfully enforce such Regulations as are necessary for preventing Chinese subjects from infringing registered trade-marks held by Japanese subjects.
The Chinese Government likewise agree to make such Regulations as are necessary for affording protection to registered copyrights held by Japanese subjects in the books, pamphlets, maps, and charts written in the Chinese language, and specially prepared for the use of Chinese people.
It is further agreed that the Chinese Government shall establish registration offices where foreign trade-marks and copyrights, upon application for the protection of the Chinese Government, shall be registered in accordance with the provisions of the Regulations to be hereafter framed by the Chinese Government for the purpose of protecting trade-marks and copyrights.
It is understood that Chinese trade-marks and copyrights, properly registered according to the provisions of the laws and Regulations of Japan, will receive similar protection against infringement in Japan.
This Article shall not be held to protect against due process of law any Japanese or Chinese subject who may be the author, proprietor, or seller of any publication calculated to injure the well-being of China.
ARTICLE VI.
China agrees to establish itself, as soon as possible, a system of uniform national coinage, and provide for a uniform national currency which shall be freely used as legal tender in payment of all duties, taxes, and other obligations by Japanese subjects as well as by Chinese subjects in the Chinese Empire. It is understood, however, that all customs duties shall continue to be calculated and paid on the basis of the Haikwan tael.
ARTICLE VII.
As the weights and measures used by the mercantile and other classes for general and commercial purposes in the different provinces of China vary and do not accord with the standards fixed by the Imperial Government Boards, thus resulting in detriment to the trade of Chinese and foreigners, the Governors-General and Governors of all the provinces, after careful inquiry into existing conditions, shall consult together and fix upon uniform standards which, after a Memorial to the Throne for sanction, shall be adopted and used in all transactions by officials and people throughout all the Empire. These standards shall be first used in the places opened to foreign trade and gradually extended to inland places. Any differences resulting from divergence between the new weights and measures and those now in vogue shall be equitably settled, whether by way of increase or decrease, according to the amount of such difference.
ARTICLE VIII.
The Regulations for steam navigation inland of the fifth moon of the twenty-fourth year of Kuang-Hsü, and the Supplementary Rules of the seventh moon of the same year having been found in some respects inconvenient in working, the Chinese Government hereby agree to amend them and to annex such new Rules to this Treaty.
These Rules shall remain in force until altered by mutual consent.
ARTICLE IX.
The provisions of all Treaties and engagements now subsisting between Japan and China, in so far as they are not modified or repealed by this Act, are hereby confirmed; and it is hereby expressly stipulated in addition that the Japanese Government, officers, subjects, commerce, navigation, shipping, industries, and property of all kinds shall be allowed free and full participation in all privileges, immunities, and advantages which have been, or may hereafter be granted by His Majesty the Emperor of China, or by the Chinese Government, or by the Provincial or Local Administrations of China to the Government, officers, subjects, commerce, navigation, shipping, industries, or property of any other nation.
The Japanese Government will do its utmost to secure to Chinese officers and subjects resident in Japan the most favourable treatment compatible with the laws and Regulations of the Empire.
ARTICLE X.
The High Contracting Parties hereto agree that, in case of, and after the, complete withdrawal of the foreign troops stationed in the Province of Chilli and of the Legation guards, a place of international residence and trade in Peking will be forthwith opened by China itself. The detailed regulations relating thereto shall be settled in due time after consultation.
The Chinese Government agree to open to foreign trade, within six months from the exchange of the ratifications of this Treaty, Changsha-fu, in the Province of Hunan, on the same footing as the ports already opened to foreign trade. Foreigners residing in this open port are to observe the municipal and police Regulations on the same footing as Chinese residents, and they are not to be entitled to establish a municipality and police of their own within the limits of this Treaty port, except with the consent of the Chinese authorities.
The Chinese Government agree that, upon the exchange of the ratifications of this Treaty, Mukden and Tatungkow, both in the Province of Shengking, will be opened by China itself as places of international residence and trade. The selection of suitable localities to be set apart for international use and occupation, and the regulations for these places set apart for foreign residence and trade, shall be agreed upon by the Governments of Japan and China after consultation together.
ARTICLE XI.
The Government of China having expressed a strong desire to reform its judicial system, and to bring it into accord with that of Japan and Western nations, Japan agrees to give every assistance to such reform, and will also be prepared to relinquish its extra-territorial rights when satisfied that the state of the Chinese laws, the arrangements for their administration and other considerations warrant it in so doing.
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ARTICLE IV.
In case Chinese subjects conjointly with Japanese subjects organize a partnership or Company for a legitimate purpose, they shall equitably share the profits and losses with all the members according to the terms of the Agreement or Memorandum and Articles of Association, and the Regulations framed thereunder, and they shall be liable to the fulfilment of the obligations imposed by the said Agreement or Memo- randum and Articles of Association, and the Regulations framed thereunder as accepted by them, and as interpreted by Japanese Courts. Should they fail to fulfil the obligations so imposed, and legal action be taken against them in consequence, Chinese Courts shall at once enforce fulfilment of such obligations.
It is understood that in case Japanese subjects conjointly with Chinese subjects organize a partnership or Company, they shall also equitably share the profits and losses with all the members according to the terms of the Agreement or Memorandum and Articles of Asociation, and the Regulations framed thereunder. Should such Japanese subjects fail to fulfil any of the obligations imposed by the said Agreement or Memorandum and Articles of Association, or by the Regulations framed there- under, Japanese Courts shall, in like manner, at once enforce fulfilment of such obligations by them.
ARTICLE V.
The Chinese Government agree to make and faithfully enforce such Regulations as are necessary for preventing Chinese subjects from infringing registered trade-marks held by Japanese subjects.
The Chinese Government likewise agree to make such Regulations as are necessary for affording protection to registered copyrights held by Japanese subjects in the books, pamphlets, maps, and charts written in the Chinese language, and specially prepared for the use of Chinese people.
It is further agreed that the Chinese Government shall establish registration offices where foreign trade-marks and copyrights, upon application for the protection of the Chinese Government, shall be registered in accordance with the provisions of the Regulations to be hereafter framed by the Chinese Government for the purpose of protecting trade-marks and copyrights.
It is understood that Chinese trade-marks and copyrights, properly registered according to the provisions of the laws and Regulations of Japan, will receive similar protection against infringement in Japan.
This Article shall not be held to protect against due process of law any Japanese or Chinese subject who may be the author, proprietor, or seller of any publication calculated to injure the well-being of China.
ARTICLE VI.
China agrees to establish itself, as soon as possible, a system of uniform national coinage, and provide for a uniform national currency which shall be freely used as legal tender in payment of all duties, taxes, and other obligations by Japanese subjects as well as by Chinese subjects in the Chinese Empire. It is understood, however, that all customs duties shall continue to be calculated and paid on the basis of the Haikwan tael.
ARTICLE VII.
As the weights and measures used by the mercantile and other classes for general and commercial purposes in the different provinces of China vary and do not accord with the standards fixed by the Imperial Government Boards, thus resulting in detriment to the trade of Chinese and foreigners, the Governors-General and Governors of all the provinces, after careful inquiry into existing conditions, shall consult together and fix upon uniform standards which, after a Memorial to the Throne for sanction, shall be adopted and used in all transactions by officials and poople throughout all the Empire. These standards shall be first used in the places opened to
foreign trade and gradually extended to inland places. Any differences resulting from divergence between the new weights and measures and those now in vogue shall be equitably settled, whether by way of increase or decrease, according to the amount of such difference.
ARTICLE VIII.
The Regulations for steam navigation inland of the fifth moon of the twenty- fourth year of Kuang-Hsü, and the Supplementary Rules of the seventh moon of the same year having been found in some respects inconvenient in working, the Chinese Government hereby agree to amend them and to annex such new Rules to this Treaty.
These Rules shall remain in force until altered by mutual consent.
ARTICLE IX.
The provision of all Treaties and engagements now subsisting between Japan and China, in so far as they are not modified or repealed by this Act, are hereby confirmed; and it is hereby expressly stipulated in addition that the Japanese Government, officers, subjects, commerce, navigation, shipping, industries, and property of all kinds shall be allowed free and full participation in all privileges, immunities, and advantages which have been, or may hereafter be granted by His Majesty the Emperor of China, or by the Chinese Government, or by the Provincial or Local Administrations of China to the Government, officers, subjects, commerce,
any other nation. navigation, shipping, industries, or property of
The Japanese Government will do its utmost to secure to Chinese officers and subjects resident in Japan the most favourable treatment compatible with the laws and Regulations of the Empire.
ARTICLE X.
The High Contracting Parties hereto agree that, in case of, and after the, complete withdrawal of the foreign troops stationed in the Province of Chilli and of the Legation guards, a place of international residence and trade in Peking will be forth- with opened by China itself. The detailed regulations relating thereto shall be settled in due time after consultation.
The Chinese Government agree to open to foreign trade, within six months from the exchange of the ratifications of this Treaty, Changsha-fu, in the Province of Hunan, on the same footing as the ports already opened to foreign trade. Foreigners residing in this open port are to observe the municipal and police Regulations on the same footing as Chinese residents, and they are not to be entitled to establish a municipality and police of their own within the limits of this Treaty port, except with the consent of the Chinese authorities.
The Chinese Government agree that, upon the exchange of the ratifications of this Treaty, Mukden and Tatungkow, both in the Province of Shengking, will be opened by China itself as places of international residence and trade. The selection of suitable localities to be set apart for international use and occupation, and the regulations for these places set apart for foreign residence and trade, shall be agreed. upon by the Governments of Japan and China after consultation together.
ARTICLE XI.
The Government of China having expressed a strong desire to reform its judicial system, and to bring it into accord with that of Japan and Western nations, Japan agrees to give every assistance to such reform, and will also be prepared to relinquish its extra-territorial rights when satisfied that the state of the Chinese laws, the arrangements for their administration and other considerations warrant it in so doing.
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