Directory_and_Chronicle_1895 — Page 154

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TREATY BETWEEN CHINA AND JAPAN

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.

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 named in either country, the officials and people of the other shall be at liberty to engage natives for service, or as artisaus, or to attend 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 ca-e 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 friendly 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 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 roubery 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 consequence; but the circumstances which have led to his life being thus taken shall be investigated at an iequest 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 more to foment disorder and commit excesses in the dominions of the other, or shall induce 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 a 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-

* Ratification of these clauses, relating to the weasing of arms, refused by the Mikado of Japan.