Directory_and_Chronicle_1885 — Page 966

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TREATY BETWEEN CHINA AND JAPAN.

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in which they may reside, nor to obtain local registration and compete at the literary examinations, lest disorder and confusion be produced.

Art. XII-If any subject of either Power having violated the law of his own country, secrete himself in an official building, merchant vessel, or warehouse of the other state, or escape to any place in the territory of the other, on official application being made by the authority of the state of which such offender is a subject to the authority of the other, the latter shall immediately take steps for the arrest of the offender, without show of favour. Whilst in custody, he shall be provided with food and clothing, and shall not be subjected to ill-usage.

Art. XIII-If any subject of either Power connect himself at any of the open ports with lawless offenders for purposes of robbery or other wrong doing, or if any work his way into the interior and commit acts of incendiarism, murder, or robbery, active measures for his apprehension shall be taken by the proper authority, and notice shall at the same time be given without delay to the Consul of the offender's nationality. Any offender who shall venture, with weapons of a murderous nature, to resist capture, may be slain in the act without farther consequences; but the circumstances which have led to his life being thus taken shall be investigated at an inquest which will be held by the Consul and the local authority together. In the event of the occurrence taking place in the interior, so far from the port that the Consul cannot arrive in time for the inquest, the local authority shall communicate a report of the facts of the case to the Consul.

When arrested and brought up for trial, the offender, if at a port, shall be tried by the local authority and the Consul together. In the interior he shall be tried and dealt with by the local authority, who will officially communicate the facts of the case to the Consul.

If subjects of either Power shall assemble to the number of ten or mɔre to foment disorder and commit excesses in the dominions of the other, or shall in luce subjects of the other therein to conspire with them for the doing of injury to the other Power, the authorities of the latter shall be free at once to arrest them.

If at

port, their Consul shall be informed, in order that he may take part in their trial. If in the interior, the local authority shall duly try them, and shall officially com municate particulars to the Consul. In either case capital punishment shall be in- flicted at the scene of the commission of the offence.

Art. XIV. Vessels of war of either Power shall be at liberty to frequent the ports of the other for the protection of the subjects of their own country, but they shall in no case enter ports not declared opan by treaty, nor rivers, lakes, and streamy in the interior. Auy vessels infringing this rule shall be placed under embargo and fined. This stipulation shall not, however, apply to vessels driven into port by stress of weather.

Art. XV.-If either State of the two should be involved in war with any other Power, measury for the defence of the coast being thereby entailed, on notice baing given, trade shall be suspended for the time being, together with the entry and departure of ships, lest injury befall them. Japanese subjects ordinarily established in the appointed ports of China, or being in the seas adjoining China, and Chinese subjects or linarily established at the open ports of Japan, or being in the seas adjoining thereunto, shall not be permitted to engage in collisions with subjects of a hostile power, or to attack and plunder them.

Art. XVI-No Consul of either Power shall be allowed to trade, or to act as Consul for a Power not in Treaty relations with the other. In the case of any Consul so acting as to render himself generally unacceptable, on substantial proof to this effect being produced, it shall be competent for the Governina.at i nerested to communicate officially with the Minister Plenipotentiary, who, when he shall have ascertained the truth, shall remove the Consu', order that the friendly relations of the two Governments may not suffer detriment through the miscondu-toi a single individual.

Art. XVII.—The flags carried by the vessels of either country are of a fixed desigu. It a vessel of either having falsely assum›l the colours of the other, shall