Directory_and_Chronicle_1885 — Page 965

264

TREATY BETWEEN CHINA AND JAPAN.

permanently or from time to time. Their travelling expenses, as they pass through the country, will be defrayed by themselves. In the matter of their hiring ground or buildings to serve as legations, of the passage of their baggage to and fro, of the conveyance of their correspondence by special couriers, and the like, lue assistance

shall be rendered on either aide.

Art. V.—Although the functionaries of the two Governments have fixed grades, the nature of the offices conferred are different on either side. Officers of equivalent rank will meet and correspond with each other ou a footing of equality. When an officer visits a superior, the intercourse between them will be such as is prescribed by the rites of hospitality. For the transaction of public business, the officials of the two countries will address communications to offers of their own rank, who will report in turn to their superiors. They will not address the superior officer directly. In visits, carde with the official title of the visitor shall be sent on either side. All oficials sent on the part of either Government to the other shall present for inspection a letter bearing an offi ial stamp, in order to guard againat false personation.

Art. VI.—In offinal correspondence, China will use the Chinese language, and Japau will either use the Japanese language accompanied by a Chinese version, or a Chinese version alone, as may be found on her side preferable.

Art. VII.-Friendly intercourse having been established between the two Governments, it will behove them both to appoint certain ports on the seaboard which their merchants will be authorize 1 to frejusut for purposes of trade, and to lay down separately regulations of trale, that their respective mercantile communities mar abide by in perpetuity.

Art. VIII-At the ports appointed in the territory of either Government, it will be competent for the other to station Consuls for the control of its own merchant community. All suits in which they (the Consul's nationals) are the only parties, the matter in dispute being money or property, it will fall to the Consul to adjudicate according to the law of his own state. In mixed suits, the plaint having been laid before the Consul, he will endeavour, in the first instance, to prevent litigation by friendly counsel. If this be not possible, he will write off ially to the local authority. and in concert with him will fairly try the case and decide it. or robbery are committed, and where debtors abscond, the authorities can do no more than make search for and apprehend the guilty parties. They shall not be held liable to make compensation.

Where acts of theft

Art. IX-At any of the ports appointed, at which no Consul shall have been stationed, the control and care of the traders resorting thither shall devolve on the local authorities. In case of the commission of any act of crime, the guilty party shall be apprehended, and the particulars of his offence communicated to the Consul at the nearest port, by whom he shall be tried and punished according to law.

Art. X.-At the ports nam d in either country, the officials and people of the other shall be at liberty to engage natives for servic, or as artisans, or to at-ud to commercial business. The persons so engaged shall be kept in order by the person so engaging them, who shall not allow them to perpetrate acts of fraud under any pretext. Still less shall he give rise to cause of complaint by giving ear to statements advanced from illicit motives. In the case of any offence being committed by any person employed in the manner above mentioned, the local authority shall be at liberty to apprehend and punish the delinquent. The employer shall not favour or protect him.

Art. XI. -Whereas it is the duty of the subjects of either Power residing at the ports declared open in either country to live on frien-lly terms with the native inha- bitants, it is provided that they shall not be allowed to wear arms. Infraction of this rule will be punishable by a fine, accompanied by the confiscation of the arms.* Residents as aforesaid shall attend peaceably to their own avocations, and whether residing permanently or for the time being at a port, they shall submit to the autho rity of their Consul." They shall not be allowed to adopt the costume of the country

Recheation of these clauses, relating to the wasnag of arms, refused by the Mikado of Japan

I

Page

966