TREATY BETWEEN JAPAN AND RUSSIA
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Art. V.-The Imperial Russian Government transfer and assign to the Imperial Government of Japan, with the consent of the Government of China, the lease of Port Arthur, Talien, and adjacent territory and territorial waters, and all rights, privileges, and concessions connected with or forming part of such lease, and they also transfer and assign to the Imperial Government of Japan all public works and properties in the territory affected by the above mentioned lease.
The two High Contracting Parties mutually engage to obtain the consent of the Chinese Government mentioned in the foregoing stipulation.
The Imperial Government of Japan on their part undertake that the proprietary rights of Russian subjects in the territory above referred to shall be perfectly respected.
Art. VI.—The Imperial Russian Government engage to transfer and assign to the Imperial Government of Japan, without compensation and with the consent of the Chinese Government, the railway between Chang-chun (Kuan-cheng-tzu) and Port Arthur and all its branches, together with all rights, privileges, and properties appertaining thereto in that region, as well as all coal mines in the sail region. belonging to or worked for the benefit of the railway.
The two High Contracting Parties mutually engage to obtain the consent of the Government of China mentioned in the foregoing stipulation.
Art. VII.--Japan and Russia engage to exploit their respective railways in Manchuria exclusively for commercial and industrial purposes and in no wise for strategic purposes.
It is understood that restriction does not apply to the railway in the territory affected by the lease of the Liaotung Peninsula.
Art. VIII.-The Imperial Governments of Japan and Russia, with a view to promote and facilitate intercourse and traffic, will as soon as possible conclude a separate convention for the regulation of their connecting railway services in Manchuria.
Art. IX.-The Imperial Russian Government cede to the Imperial Government of Japan in perpetuity and full sovereignty, the southern portion of the Island of Saghalien and all islands adjacent thereto, and all public works and properties thereon. The fiftieth degree of North latitude is adopted as the northern boundary of the ceded territory. Exact alignment of such territory shall be determined in accordance with the provisions of additional Article II. annexed to this Treaty.
Japan and Russia mutually agree not to construct in their respective possessions on the Island of Saghalien or the adjacent islands, any fortifications or other similar military works. They also respectively engage not to take any military measures which may impede the free navigation of the Straits of La Perouse and Tartary.
Art. X. It is reserved to the Russian subjects, inhabitants of the territory ceded to Japan, to sell their real property and retire to their country; but, if they prefer to remain in the ceded territory, they will be maintained and protected in the full exercise of their industries and rights of property, on condition of submitting to Japanese laws and jurisdiction. Japan shall have full liberty to withdraw the right of residence in, or to deport from, such territory, any inhabitants who labour under political or administrative disability. She engages, however, that the proprietary rights of such inhabitants shall be fully respected.
Art. XI.-Russia engages to arrange with Japan for granting to Japanese subjects rights of fishery along the coasts of the Russian possessions in the Japan, Okhotsk, and Behring Seas.
It is agreed that the foregoing engagement shall not affect rights already be- longing to Russian or foreign subjects in those regions.
Art. XII.-The Treaty of Commerce and Navigation between Japan and Russia having been annulled by the war, the Imperial Governments of Japan and Russia engage to adopt as the basis of their commercial relations, pending the conclusion of a new Treaty of Commerce and Navigation on the basis of the Treaty
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