172
TIENTSIN TREATY, 1858.
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 passport need be applied for by persons going on execursions 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 arns against the Govern- ment, no pass shall be given, until they shall liave been recaptured.
Art. X.-British merchant-ships shall have authority to trade upon the Great River (Yang-taze). 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 *xception of Chinkiang, which shall be opened in a year from the date of the signing >f 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 3nister, after consultation with the Chinese Secretary of State, may determine shall
eports of entry and discharge.
Art. XI.--In addition to the cis and towns of Canton, Amoy, Foochow, Ningpo, and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjecte nay frequent the cities and ports of Newchwang, Tang-chow (Chefoo) Taiwan (Formosa), Chao-chow (Swatow), and Kiung-chea (Hainan).
They are permitted to carry on trade with whomsoever they please, and to provved
to and fro at pleasure with th. ft noorels and merchandise.
They shall enjoy the same privit, gos, advantess, and immunities at the said towns and ports as they enjoy at the ports alrewly opened to trade, in luding the right of residence, of buying or renting houses, of leuk! 11 thrroin, and of building
1..1 churches, hospitals, and comotorica,
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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 anong the people equitably, and without eraction on either side.
Art. XIII.-The Chinese Government will plave no restrictions whatever upon the employment, by British subjects of Chinese babjects, in any lawful capacity.
Art. XIV.— British subjects may hire whatever boats they please for the ans, ort 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 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 snuggling 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. XVI.--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 other puldic 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 grieval P. The Consul will inquire into the inerits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British suljet, the Consul shall no less listen to bir complaints, and endeavour to settle it in a Modly manner. If disputes take place of such a nature that the Consul cannot range them amicably, then he shall! request the assistance of the Chinese authorit, that they may together examine
nto the merits of the case, and decide it equity.
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