Directory_and_Chronicle_1882 — Page 756

TIENTSIN TREATY, 1858.

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

The provisions of this Article do not apply to crews of suips, 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 agaiut 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 (Yang-tsze). 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 Chiukiang, 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 discharg».

Art. XI.—In addition to the cities and towns of Canton, Amoy, Fooehow, Ningpo and Shanghai, opened by the Treaty of Nauking, it is agreed that British subjects may frequent the cities and ports of Newchwang, Tang-Chow (Cheloo) 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 and merchandise.

They shall enjoy the same privileges, advantages, and immunities at the said towns and ports as they enjoy at the ports already opene l to trade, including the right of residence, of 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 rat.s prevailing among the people, equitably, and without exaction on either side.

Art. XIII.-Tue 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. Tue 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 off nders will, of course, be punished according to law.

Art. XV.-All questions in regard to righ's whether of property or person, arising between British subjects, s'all be subject to the jurisdiction of the British authorities. Art. XVI.-Chin se 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 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 a Chinese, must proceed to the Consulate, and state his grievance. The Consul will inqu're into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, the Consul shall no les 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,"