Directory_and_Chronicle_1869 — Page 408

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ARTICLES BETWEEN MR. WADE AND PRINCE KUNG.

The Consul and Superintendent may, if they see fit, appoint Deputies to meet at the Custom House in their stead, in which case the order of proceeding will be the same as if they were present in person.

Art. III.-Notes will be taken of the statements of all parties examined, and the paper containing these will be signed and sealed by the Consul and the Super- intendent. The room will be then cleared, and the Superintendent will inform the Consul of the course he proposes to pursue. If he propose to confiscate the vessel or goods, and the Consul having given notice of the appeal to the Superintendent, they will forward copies of the above notes, the Consul to his Minister, and the Super- intendent to the Yamen of Foreign Affairs at Peking. If the Consul agrees with the Superintendent that the ship or goods ought to be confiscated, the merchant will not be entitled to appeal. In no case will the release of ship or goods entitle the merchant to indemnification for the seizure, whether these be released after the investigation at the Custom House, or after appeal to the high authorities of both nations at Peking.

Art. IV. The case being referred to superior authority, the merchant interested shall be at liberty to give a bond, binding himself to pay the full value of his ship or goods attached, should the ultimate decision be against him, which bond being sealed with the Consular Seal, and deposited with the Superintendent, the Superintendent will restore to the merchant the ship or goods attached, and when the superior authority shall have decided whether so much money is to be paid, or the whole of the property seized confiscated, the merchant will be called on to pay accordingly.

If the merchant decline to give the necessary security, the ship or merchandize attached will be detained. But whether the decision of the superior authority be favorable to the appellant or not, the appellant will not be entitled to claim indemnity.

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