TREATY BETWEEN BRAZIL AND CHINA.
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chandise to them. They shall be treated in all respects like those of all other nations.
Ships of one of the High Contracting Parties, having had accidents at sea, near the coasts of the other, and being obliged to seek a refuge in some port, are to receive from the local authorities all the assistance which it may be in their power
to render them.
Merchandise saved shall not be subject to any duty unless offered for sale.
These ships shall be treated on equal terms with those of other nations which may be in similar circumstances.
Art. IX. Brazilians, in China, who may have cause of complaint against Chinese, should lay their grievance before the Brazilian Consul, who shall inquire into the merits of the case and exert himself to arrive at an amicable solution.
In like manner if a Chinese have reason to complain of a Brazilian, in China, the Brazilian Consul shall listen to his complaint and endeavour to come to an amicable solution. If the Consul cannot reconcile them, the case shall be judged, in all equity, only by the authority to which the accused is subject, without considering whether the accuser is Brazilian or Chinese.
Art. X. Brazilian subjects, in China, who commit any crime against Chinese subjects shall be arrested by the consular authorities of Brazil and punished confor- mably to the laws of Brazil, by the authority entrusted with the execution of the laws.
Chinese subjects guilty of a criminal act towards Brazilian subjects in China, shall be arrested and punished by the Chinese authorities, conformably to Chinese laws.
In general, every action, civil or criminal, between subjects of the two States, in China, can only be judged conformably to the laws and by the authorities of the nation of the defendant or accused.
The High Contracting Parties shall not be bound to reiniburse the sums stolen or sums due by a subject of one of either State to a subject of the other. In case of theft, proceedings shall be in conformity with the laws of the country to which the culprit belongs, and in the case of debt, the authorities of the country of the debtor shall do all in their power in order that the debtor shall satisfy his engagements.
If Chinese subjects, in China, principals or accomplices in any crime, take refuge in the residences, warehouses, or merchant ships of Brazilian subjects, the Chinese authority shall report the fact to the Brazilian Consular authority and the two authorities shall depute agents to effect the arrest of the criminals, who must not be protected or concealed.
Art. XI.--All questions of right, whether of person or of property, which may arise between Brazilian subjects in China shall be subject to the sole jurisdiction of the Brazilian authorities. Actions between Brazilian subjects and foreigners in China shall be subject to the authorities only of their countries.
If any Chinese be involved in law suits, action shall be taken conformably to the two preceding articles.
If in future the Chinese Government shall deem it fit to establish, in accord with foreign Powers, & Code to regulate the matter of jurisdiction over foreign subjects in China, Brazil shall also take part in the accord.
Art. XII. In the case of persons, whatever be their condition, from on board of the ships of one of the High Contracting Parties, in an open port of the other, going on shore, aul causing disturbance there, they shall be punished conformably to the usage followed, in such cases, in each of the two countries.
As regards actions arising from collisions between vessels of the two countries, in the waters of China, such actions shall be heard by the authorities of the defendant, conformably to the regulations about collision in force in all countries.
If the complainant will not conform to the sentence, the authorities upon whom he is dependent may apply officially to the authorities to whom the defendant is subject in order that they may re-hear the suit and pronounce definitively, in all equity.
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