Directory_and_Chronicle_1890 — Page 372

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TREATY BETWEEN GERMANY AND JAPAN.

5. Vessels putting into port in distress or for repairs, provided they do not engage in trade.

6. Vessels entering and clearing in ballast.

7. Vessels leaving port within 48 hours after anchoring, provided they do not land, ship, or tranship cargo, or land or take on board passengers or mails. Such vessels, however, pay a customs' fee of 15 yen.

The fees hitherto pail on the entrance and clearance of German vessels in Ja- panese ports shall be no longer levied.

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Art. XVI. For the eriod of 5 years from the date this Treaty goes into opera- tion, the jurisdiction exercisable by German Courts over German subjects or citizens and property shall be territorially limited to the Foreign Settlements of Hakodate, Tokyo, Yokohama, Osaka, Kobe, and Nagasaki, and to such of the ports and harbours thereof as are now open to German vessels and to the other localities adjacent to such Foreign Settlements where by treaty or other express arrangements German subjects or citizens are now permitted permanently to reside and rent land, and from the same date everywhere in Japan outside of the limits of the above named Foreign Settlements, ports, harbours, and localities, Japanese Courts shall have and exercise complete and exclusive jurisdiction, both civil and criminal, over German subjects or citizens and property in accordance with the laws of Japan. At the expiration of the 5 years aforesaid all the jurisdiction then exercised by German Courts in Japan and all the exceptional privileges, exemptions, and immunities then enjoyed by German subjects or citizens as a part of or as appurtenent to such jurisdiction shall, abso- lutely and without notice, wholly cease and determine; and thereafter all such juris- diction shall be assumed and exercised by Japanese Courts. The jurisdiction of German Courts shall be continued until final decision in respect of all actions lis pendens in said German Courts at the time fixed for the abolition of Consular juris- diction.

In the matter of the service of process and the excecution of judgments, decrees- and sentences, Japanese and German Courts shall, so far as the laws of their respee, tive Governments permit, render legal aid to each other. During the continuance of Consular jurisdiction, the German Consular Courts shall continue to exercise through- out Japan jurisdiction over German subjects in questions of personal status. It is, however, understood, that if in proceedings before Japanese Courts questions of per- sonal status are incidentally or collaterally raised, such Japanese Courts shall, for the purposes of such proceedings, have jurisdiction to determine the questions so raised, according to German law.

Art. XVII.--In case any German subjects or citizens should at any time in advance of the final abolition of German Consular jurisdiction desire to submit themselves exclusively to Japanese jurisdiction, they may do so by making and filing with their own proper Consular Authorities and with the proper local Japanese Authorities formal declarations to that effect, but no such submission shall deprive the German Consular Courts of jurisdiction over such subjects or citizens which they would otherwise have in connection with liabilities incurred and offences committed prior to such submission.

Art. XVIII.-Each of the Contracting Parties may appoint Consuls-General, Consuls, Vice Consuls, Pro-Consuls, and Consular Agents in all the ports, cities, and places of the other, except in those where it may not be convenient to recognize

such officers.

This exception, however, shall not be made in regard to one of the Contract- ing Parties, without being made likewise in regard to every other Power.

The Consuls-General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents shall exercise whatever functions and enjoy whatever privileges, exemptions, and immunities are, or may hereafter be, granted to Consular Officers of the mo t favoured nation.

Art. XIX. The Contracting Parties agree that in all matters relating to com- merce and navigation, any privilege, favour, or immunity whatever, which either Contracting Party has actually granted, or may hereafter grant, to