Directory_and_Chronicle_1889 — Page 1217

890

TREATY BETWEEN PORTUGAL AND CHINA.

amination any fraud be detected, the goods may be confiscated by the Chinese Govern- ment.

Should any Portuguese merchant wish to re-export to a foreign country, any goods imported, and upon which duties have been already paid, he will have to make his application in the same form as required for the re-exportation of goods to an- other port in China, in which case a certificate of drawback or of restitution of duties will be granted, which will be accepted by any of the Chinese Custom-houses in pay- ment of import or export duties.

Foreign cereals imported by Portuguese ships into the ports of China may be re-exported without hindrance, if no portion of them has been discharged.

Art. XXXVI.-The Chinese authorities will adopt at the ports the measure which they may deem the most convenient to avoid fraud or smuggling.

Art. XXXVII.—The proceeds of fines and confiscations inflicted on Portuguese subjects, in conformity to this Treaty shall belong exclusively to the Chinese Government.

Art. XXXVIII.—Portuguese subjects carrying goɔds to a market in the interior of the country, on which the lawful import duties have already been paid at any of the open ports, or those who buy native produce in the interior to bring to the ports on the Yang-tze-kiang, or to send to foreign ports, shall follow the regulations adopted towards the other nations.

Custom-house officers who do not comply with the regulations, or who may exact more duties than are due, shall be punished according to the Chinese law.

Art. XXXIX.-The Consuls and local authorities shall consult together, when necessary, as to the construction of Light-houses and the placing of Buoys and Light- ships.

Art. XL.-Duties shall be paid to the bankers authorized by the Chinese Govern- ment to receive them in sycee or in foreign coin, according to the official assay made at Canton on the 15th July, 1843.

Art. XLI.-In order to secure the regularity of weights and measures and to avoid confusion, the Superintendent of Customs will hand over to the Portuguese Consul at each of the open ports standards similar to those given by the Treasury Department for collection of public dues at the Customs at Canton.

Art. XLII.-Portuguese merchant ships may resort only to those ports of China which are declared open to commerce. It is forbidden to them, except in the case of force majeure provided for in the article XIX., to enter into other ports, or to carry on a clandestine trade on the coast of China, and the transgressor of this order shall be subject to confiscation of his ship and cargo by the Chinese Government.

Art. XLIII.-All Portuguese vessels despatched from one of the open ports of China to another, or to Macao, are entitled to a certificate of the Custom-house, which will exempt them from paying new tonnage dues, during the period of four months reckoned from the date of clearance.

Art. XLIV.-If any Portuguese merchant ship is found smuggling, the goods smuggled, no matter of what nature or value, will be subject to confiscation by the Chinese authorities, who may send the ship away from the port, after settlement of all her accounts, and prohibit her to continue to trade.

Art. XLV.-As regards the delivery of Portuguese and Chinese criminals, with the exception of the Chinese criminals who take refuge in Macao, and for whose extradition the Governor of Macao' will continue to follow the existing practice, after the receipt of a due requisition from the Viceroy of the Kwangs, it is agreed that, in the Chinese ports open to foreign trade, the Chinese criminals who take refuge at the houses or on board ships of Portuguese subjects, shall be arrested and delivered to the Chinese authorities on their applying to the Portuguese Consul; and likewise the Portuguese criminals, who take refuge in China, shall be arrested and delivered to the Portuguese authorities on their applying to the Chinese authorities; and by neither of the parties shall the criminals be harboured nor shall there be delay in delivering them.

Art. XLVI.-It is agreed that either of the High Contracting Parties to this "Treaty may demand a revision of the Tariff, and of the commercial articles of this