TREATY BETWEEN BRAZIL AND CHINA
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may repair freely to the respective States of the High Contracting Parties and reside there. They shall obtain there full and complete protection of their persons, their families, and their property, and shall enjoy all the rights, advantages, and privileges accorded to the subjects of the most favoured nation.
Art. II.-In order to secure the maintenance of amicable relations between the two States, His Majesty the Emperor of Brazil may, if he thinks fit, appoint a diplomatic agent to the Court of Peking, and His Majesty the Emperor of China may equally, if he thinks fit, appoint a diplomatic agent to the Court of Rio de Janeiro.
The diplomatic agents of each of the High Contracting Parties may, with their families and the members of their suite, reside permanently in the capital of the other, or repair there temporarily, according to the desire of the respective Govern-
ments.
The diplomatic agents of each of the High Contracting Parties shall enjoy, in their respective residences, all the prerogatives, exemptions, immunities, and privileges accorded to the agents of the same category of the most favoured nation.
Art. III. Each of the High Contracting Parties may nominate, in the ports and towns of the other open to trade, where its interests require, a Consul-General, Consuls, Vice-Consuls, and Consular Agents.
These shall not enter upon their functions before receiving the exequatur of the Government of the country where they are to reside. This exequatur shall be given gratuitously.
Merchants shall not be appointed to exercise Consular functions. Consuls should be true functionaries, and they shall be prohibited from trading.
In the ports and cities where a Consul has not been appointed, a foreign Consul may fulfil the functions, provided that he is not a trader. The local authorities, in the absence of a Consul, shall provide the means of securing to the subjects of the two States the benefits of the present Treaty.
The Consuls of the High Contracting Parties shall enjoy all the attributes, exemptions, immunities, and privileges conceded to the Consuls of the most favoured nation in each of the two States.
The Consuls shall not uphold the pretensions of their nationals should they be vexatious or offensive to the authorities and the inhabitants of the locality.
If a Consul conducts himself in a manner offensive to the laws of the country in which he resides, the exequatur may be withdrawn from him, according to the general
custom.
Art. IV.-Brazilian subjects shall be permitted to go into the interior of China and to travel there, provided that they are furnished with a passport, issued, at the request of the Consul, by the Chinese Taotai. This passport, written in the two languages, Portugese and Chinese, must be exhibited upon the demand of the local authorities, and shall be given up on return. No obstacle shall be raised to the hire by the travellers of men, carriages, boats, &c., necessary for the transport of their baggage.
If the traveller be found not to have a regular passport, or if he commit an illegal act, he shall be delivered up to the nearest Consul to be dealt with. The local authorities can, in this
in this case, only arrest the traveller, and shall not insult him nor subject him to ill usage.
Brazilian subjects may go on excursions in the neighbourhood of the open ports, without being furnished with passports, to a distance of a hundred li, and for a period not exceeding five days.
The above stipulations are not applicable to the crews of ships, who shall be subjected, when on shore, to the regulations established by the Consuls and the local authorities.
Chinese subjects shall have the liberty of travelling in the whole of the territory of Brazil, as long as they conduct themselves peaceably and do not contravene the laws and regulations of the country.
Art. V. Brazilian subjects may travel with their merchandise and trade in all the ports and places in China where subjects of other nations are permitted to trade.
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