CONVENTIONS DE PE-KÎN'G

tection of the Chinese authorities ; nor shall any such, peaceabk pursuing tbcir calling, and nol offending againsl the law, be persecuted or interfered with.

\UT, [\. — Britisli subjects are hereb\ authorisod to Iravel, for tbeir plcasure or for purpoaes of trade, loall parts of the interior, under passpbrts whicb will be issued by their Consuls, and countersigncd li\ tlio local authorities. Thèse passports, if demanded, mnst be produced for examination in tlio localities passed through. If the passporl be nol irregular, the bearer will be allowed to proceed, and no opposition shall be offered to his hi ring persons or hiring \essels for the carriage of bis baggage or merchandisc. If be be without a passport, or if lie conitnit an\ oll'ence against the law, he shall be handed over to the nearesl Consul for punishment, but he must not be subjected to any ill-usage in excess of necessary restraint. No passport need he applied for by persons going on excursions froin the ports open to trade to a distance not exceeding ioo li, and l'or a period not exceeding live days.

The provisions of the Article do not apply to crews of ships, for the due restraint of whom régulations will be drawn up by the Consul and the local authorities.

To Nanking, and other cities disturbed b\ persons in arms against the Government, no pass shall be given, until lhe\ shall hâve been recaptured.

XRT. X. — British merchant-ships shall bave authofit) to trade upon the Great River (Yang-tsze). The Upper and Lower Valley of the river being, howevcr, disturbed by outlaws, no port shall be, for the présent, opened to trade, with the exception of Chinkiang, whicb shall be opened in a year from the date of the signing of this Treatj .

So soon as peace shall bave been restored, British vessels shall also be admitted to trade at such ports as far as Hankow, not exceeding three in number, as the British Minister, after consultation with the Chinese Secretary of State, may détermine shall be ports of entry and discharge.

Art. XI. — In addition to the cities and towns of Canton, Amoy, Foochow, Xingpo, and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjects may fréquent the cities and ports of Newchwang, Tang-chow ', Taiwan (Formosa), Chao-chow (Swatow), and Kiung-chow (Hainan).

i. Chefoo.

TREATY OF PEACE l\2?l

They are permitted to carry on trade with whomsoever they pleaso, and to procced to and fro at pleasure with their vessels and merehandise.

They shall enjoy the same privilèges, advantages, and immunities at the said towns and ports, as they enjoy at the ports already opencd to trade, including the right of résidence, of buying or rcnting honses, of leasing land therein, and of building churches, hospitals, and cemeteries.

\rt. XII. — British subjects, wb.etb.er at the ports or at other places, desiring to build or open houses, warehouses, churches, hospitals, or hnrial-gronnds, shall make their agreement for the land or buildings they require, at the rates prevailing among the pcople, equitably, and without exactions on ci t lier side.

Art. XIII. - The Chinese Government will place no restrictions whatever upon the employment, by British subjects, of Chinese subjects in anv lawful capacity.

Arï. XIV. — British subjects may hire whatever boats they please for the transport of goods or passengers, and the sum to be paid for such boats shall be settled between the parties themselves, without the interférence of the Chinese Government. The number of thèse boats shall not be limited, nor shall a monopoly in respect either of the boats, or of the porters or coolies engaged incarrying the goods, be granled to any parties. If any smuggling takes place in them, the offenders will, of course, be punished according to law .

\rt. XV. — - Ail questions in regard to rights, whether of property or person, arising between British subjects, shall be subject to the jurisdiclion of the British authorities.

Art. XVI l. — Chinese subjects who may be guilty of anv criminal act towards British subjects shall be arrested and punished by the Chinese authorities, according to the laws of China.

British subjects, a\Iio may commit any crime in China, shall be tried and punished by the Consul, or other public functionarv authorised thereto, accordine to the laws of Great Britain.

Justice shall be equitably and imparlially administered on hoth sides.

\i;t. \\ II. — A British subject having reason to complain of a Chinese, must procecd to IhcConsulate, and state bis grievaticc.

i. Sce Agrccmcnt of Clicfoo, II, yVrt. ii.

/|2/l CONVENTIONS DE PE-KING

Tlic Consul will ïnquire into tlio mcrits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinesehave reason to complain of. a British subject, the Consul shall no less

listen to liis complaint, and endea^ ■ to sottie il in a friendly

mariner, [f disputes take place of such a nature thaï tlie Consul cannot arrange them amicably, then he sliall request t lie assistance of tlie Chinese authorities, thaï thej ma\ together examine into tlie merits ofthe case, and décide il equitably.

Art. XVIII. — The Chinese authorities shall al ail timès afford the fullest protection to the persons and property of British subjects, whenever thèse shall hâve been subjected to insull or violence. In ail cases of incendiarism or robbery, the local authorities shall at once take the necessary steps for the recovery of the stolen property, the suppression of disorder, and the arrest of tlie guilty parties, whom they will punish according to law.

Abt. XIX. — If any British merchant-vessel, while whithin Chinese waters, be plundered bv robbers or pirates, it shall he the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers èr pirates, and to recover the stolen property, t liât it may be handed over to the Consul for restoration to the owner.

\rt. XX. — If any Bristish vessel be at any time wrecked or stranded on the coast of China, or be compelled to take refuge in any port within the dominions of the Emperor of China, the Chinese authorities, on being apprised of the fact, shall immediately adopt measures for its relief and securitj ; the persons on board shall receive friendly treatment, and shall be furnished, if necessary, with the means of conveyance to the nearest Consu- .lar station.

Art. XXI. — If criminals, subjects of China, shall take refuge in Hongkong, or on board the British sliips there, they shall, upon due réquisition bv the Chinese authorities, be searchcd l'or, and, on proof of their guilt, be delivered up.

In like manner, if Chinese offenders take refuge in the bouses or on board the vessels of British subjects at the open ports, they shall not be harboured or concealed, but shall be delivered up, on due réquisition bv the Chinese authorities, addressed to the British Consul.

Art. XXII. — Should any Chinese subject (ail to discharge debts incurred to a British subject, or should lie fraudulently abscond, the Chinese authorities will do their utmost to effect his

TREATY OF PEACE ^j 3 5

arrest, and enforce recovery of the debls. The British authorities will likewise do their utmost to bring to justice any British subject fraudulenly absconding or failing to discharge debts inenrred hv him to a Chinese subject.

Art. XXIII. - - Should natives of China who may repair to Hongkong to trade, incur délits there, the recovery of such délits must be arrançed for bv the Eiudish Courts of Justice on the spot; but should t lie Chinese debtor abscond, and be known to bave property, rcal or personal, within the Chinese territory, it shall be the duty of the Chinese authorities, on application b\ , and in concert witli, the British Consul, to do their utmost to see justice done belween the parties.

Aut. XXIV. — It is agreed that British subjects shall pay, on ail merchandise imported or exported by them, the duties prescribed by the Tariff; but in no case shall they be called upon to pay other or higher duties than are required of the subjects of any other foreign nation.

Art. XXV. — Import duties shall be considered payable on the landing of the goods, and duties of export on the shipment of the same.

Art. XXVI. — Whereas the Tariff fixed by Article X of the Treaty of Nanking, and winch was estimated so as to impose on imports and exports a duty at about the rate of five per cent, ad valorem, bas been found, by reason of the fall in value ofvarious articles of merchandise, therein enumerated, to impose a duty upon thèse, considerably in excess of the rate originally assumed, as above, to be a fair rate, it is agreed that the said Tariff shall be révisée), and that as soon as the Treaty sball bave been signed, application shall be made to the Empcror of China to députe a high officer of the Board of Revenue to meet, at Shanghai, officers to be deputed on behalf of the British Covernment, to consider its revision together, so that the Tariff, as revised, may corne into opération immediatcly aller llie ratification of this Treaty.

Art. XXVII. — It is agreed thateither ofthe High Contracting Parlies to this Treat\ ma) demand a further revision of the Tariff, and of the Commercial Articles of tins Treaty, at the end of ten years : but if no demand be made on either side within six months after llie end of the lirsl ten years, then the Tariff shall remain in force for ten years more, reckoned from llie end of llie preceding ten years ; and so il shall be, at the end of each successive ten years.

/|30 CONVERGIONS DE PK-klv;

Ain. \ \ \ III. — Whereas il \\as agreed in Vrticle X of the Treaty of Nanking, tliat British imports, having paid the Tariff duties, should be convcyed into the interior free of ail further charges, except a transi) duty, the amounl whereof «as not lo exceed a certain percentage on tariff value ; and whereas no accurate information having been furnished of the amounl of such duty, l>iili^li merchants hâve con'slantly complained th a t charges arc suddenl) and arbitrai il v imposed li\ the provincial aulhorities as transit duties upon produce on ils w;i\ to the foreign market, and on imports on their way into the interior, lo the détriment of trade ; il is agreed that wilhin four months from the signing ofthis Treaty, al ail pùrts now open to British Irade, and « ilhin a similar period at ail ports that may hereafter be opened, the authority appointed to superintend the collection of duties shall be obliged, upon application of the Consul, to déclare the amount of duties leviable on produce between the place of production and the poil ofshipment, and upon imports between-the Consular port in question and the inland markets named by the Consul ; and that a notification thereof shall be published in English and Chinese for gênerai information.

But it shall be at the option of any British subject, desiring to convey produce purebased inland to a port, or to convev imports from a port to an inland market, to clearhis goods of ail transit duties, by payrnent of a single charge. The amount ofthis charge shall be leviable on exports at the first barrier they may bave to pass, or, on imports, at the port at which they are landed : and on payrnent thereof, a certificate shall be issued, which shall exempt the goods from ail further inland charges whatsoever l.

It is further agreed that the amount of this charge shall be calculated, as nearly as possible, at the rate of two anda-halfper cent, ad valorem, and that it shall be fixed for each article at the Conférence to be held at Shanghai for the revision of the Tariff.

It is distinctly understood that the paymentof transit dues, by commutation orotherwise, shall in no wayaffect the Tariff duties on imports or exports, which will continue to be levied separatelv and in full.

Art. XXIX. — British merchant-vessels, of more than one hundred and fifty tons burden, shall be charged tonnage dues at the rate of four mace per ton ; if of one hundred and fifty tons and under, they shall be charged at the rate of one mace per ton.

I. Sec Tarill' Ru les, Art. VII ; and Ajrreement of Chefoo, III, art. iv.

TREATY OF PEACE !\2~j

Anv vessel clearing from anv of the open ports of China for any other of the open ports, or for Hongkong, shall he entitled, on application of the master, to a spécial certificate from the Customs, on exhibition of \\liich she shall he exemptée! from ail further payment of tonnage dues in any open port of China, for a period of four months, to be reckoned from the date of lier port-clearance.

Art. XXX. — The master of any British merchant-vessel mav, within forty-eight hours after the arrivai of liis vessel, but not later, décide to départ without breaking bulk, in which case lie will not be subject to pay tonnage dues. But tonnage dues shall be held due after the expiration of llie said forty-eight hours. Xo other fées or charges upon entry or departure shall be levied.

Art. XXXI. - Xo tonnage dues shall be payable on boats employed by British subjects in the convevance of passengers, baggage, letters, articles of provision, or olher articles not subject to duty, between any of the open ports. Ail cargo boats, however, conveying merchandise subject to duty shall pay tonnage dues once in four months ', at the rate of one mace per register ton.

Art. XXXII. — The Consuls and Superintendents of Customs shall consult together regarding the érection of beacons or lighthouses, and the distribution of buoys and lightships, as occasion may demand.

Art. XXXIII. — - Duties shall be paid to the bankers, authorised by the Ghinese Government to receive the same in ils belialf, either in sycee or in foreign money, according to the assay made at Canton on the thirteenth of July, one thousand eight hundred and forty-three.

Art. XXXIV. — Sets of standard weights and measures, prepared according to the standard issued to the Canton Custom- House by the Board of Bevenue, shall be delivered by the Supcrintendent of Customs to the Consul at each port, to secure uniformity and prevent confusion.

\rt. XXXV. — Any British merchant-vessel arriving at one of the open ports, shall be at libertv to engage the services of a pilot to take lier into port. In like manner, after she bas discharged ail légal dues and duties, and is ready to take lier departure, she shall be allowed to sélect a Pilot to conduct lier out of port.

Art. \\\\l. \\ henever a British merchant-vessel shall

i . Six moulhs (Ilertslct).

C0NV1 ni tOKS DE PE-KING

arrive off one of the open ports, the Superintendenl ofCustoms

sliall députe 01 r more Customs' officers to guard the ship.

I'Ih'n shall either li\*' in a boal of their own or sta) on board the ship, as ma) besl suil their convenience. Their food and expenses shall be supplied them from the Custom-house, and the\ shall nul be entitled to an) fées whatever from the master or consignée. Should the) violate this régulation, the) shall be punished proportionatel) to the amounl exacted.

\\.i. WWII. - \\ illiin tweuty-four hours after arrivai, the ship's papers, bills of lading, &c, shall be lodged in the hands ol the Consul, who will, within a huilier period (il Iwonty-four hours, reporl to the Superintendenl of Customs the naine of the slnj). Ikt register tonnage, and the nature of her cargo. Il, owing to neglect on the pari of the master, the above rule is not complied vvith, within fortyr-eight hours after the ship's arrivai, he shall be liable to a fine of fifty taris for ever) (Ln's delà) : the total amounl of penalty, however, .sliall nol exceed two hundred taels.

The master will ho responsible for the correctness of the manifest, which shall contain a full and true account of the particulars of the cargo on board. For presenting a false manifest, lie will subject himself to a fine of five hundred taels ; but lie •will he allowed to correct, within twenty-four hours aller deli- \<t\ of il to the Customs' officers, an) mistake he ma) discover in li îs manifest, without incurring this penalty.

\i;r. \\\\ III. — After receiving from the Consul the report in due form, the Superintendent ofCustoms shall gra'nt the vessel a permit to open hatches. If the master shall open hatches and begin to disrliarge an\ noods withoul sucli permission, he shall be fined five hundred taels, and the goods discharged shall be confiscated wholly.

\i;i. \\\IX. — Any British merchanl who has cargo to land or ship, mustapply to the Superintendent ofCustoms for a spécial permit. Cargo landed or shipped without such permit will be liable to confiscation.

\in . XL. — No transhipment from one vessel to another can be made without spécial permission, under pain of confiscation of the goods so transhipped.

Aht. XL1. - - A\ hen ail due- and duties shall hâve been paid, the Superintendenl of Customs shall give a port-clearance, and the Consul shall then lelurn the ship's papers, so that she may départ on her non âge.

TRK.VÏY OF PEAGE /|^()

Art. XLII. — Wîth respect to articles subject, according to tlie Tariff, to an ad valorem duty, if the British merchant cannot agrée with the Chinese ofTicer in affixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of thèse merchants would be willing topurchasethem, shall be assumed as the value of the goods.

Art. XLIII. - - Duties shall be charged upon the net weight of each article, making a déduction for the tare, weight of congee, &c. To fix the lare on any article, such as tea, if the British merchant cannot agrée with the Custom-house officer, then each party shall choose so many chests out of everv hundred, which being lirst weighed in gross, shall afterwards be tared, and the average tare upon thèse chests shall be assumed as the tare upon the A\hole ; and upon tins principle shall the tare be fixed upon ail other goods and packages. If tbere should be any other points in dispute which cannot be settled, the British merchant may appcal to his Consul, who will conmmnicate the particulars of the case to the Superintendent of Gustoms, that it may be equitably arranged. But the appeal must b&made within twenty-four hours or it A\ill not be altended to. A\ bile such points are still unsettled, the Superintendent of Gustoms shall postpone the insertion of the saine in bis books.

Art. XLW . — Upon ail damaged goods a fair réduction of duty shall be allowed, proportionate to their détérioration. If any disputes arise, they shall be settled in tlie manner pointed out in the clause of ibis Treaty having référence to articles which pav duty ad valorem.

Art. XLV. — British merchants avIio may bave imported merchandise into any of the open ports, and paicl tlie duty thercon, if they désire to re-.export the saine, shall be entitled to make application to the Superintendent of Gustoms, a\ ho, in order to prevent fraud on the revenue, shall cause examination to be made b\ suitable olïicers, to sec that the duties paid on such goods, as entered in the Gustom-house books, correspond with the représentation made, and that the goods , remain with their original marks unchaneed. Ile shall then make a inenioranduin on the port-cleaiance, of the goods and of the amount of duties paid, and deliver the same to the merchant ; and shall also certify the lacis to the officers of Gustoms of the other ports. \ll wliich being doue, on the arrivai in port of the vessel in which the goods arc laden, everything being found on examinalion there to correspond, she shall be permilted to break bulk,

/|3o CONVENTIONS DE PE-KING

and land the sait! goods, without being subject to llie paymetit of an) additional duty thereon. But il', <>n such examination, thc Superintendent ol'Customs sliall detecl any fraud on the revenue in lin- case, ihcn the goods shall be subject to confiscation b\ the Chinese Government.

British merchants desiring lo re-export duty-paid imports to a foreign country, sliall be entitled, on complying with the saine conditions as in tlie case of re-exportation to another port in China, to a drawback-certificaté, which shall be a valid tender to the Customs in payment of import or export dutics '.

Foreign grain broughl into any port of China in a British ship, if no part thereof lias bèen landed, may be re-exporled w ithout hindrance.

Aht. XLVI. — ïhe Chinese authorities at each port shall adopt the means they may judge most proper to prevent the revenue suffering from fraud or smuggling.

Aht. \L\ II. — British merchant-vcssels are not entitled to resort to other than the ports of trade declared open by tins Treaty. They are not unlawfully to enter other ports in China, or to carry on clandestine trade along thc coasts thereof. Anv vessel violating tins provision, shall, with lier cargo, be subject to confiscation by the Chinese Government.

Art. XLVIII. — If any British merchant- vessel be concerned in smuggling, the goods, whatever their value or nature, shall be subject to confiscation by the Chinese authorities, and the ship may be prohibited from trading further, and senlawav as soon as lier accounts shall bave been adjusted and paid.

Art. XLIX. — Ail penalties enforced, or confiscations made, under tins Treaty, shall belong and be appropriated to the public service of the Government of China.

Art. L. — Ali ollicial communications, addressed by the Diplomatie and Gonsular Agents of Her Majesly the Queen to thc Chinese authorities, shall. henceibrth, be written in English. They will for the présent be accompanied h\ a Chinese version, but il is understood that, in thc event of there being anv différence of meaning between the English and Chinese text, the English Government will hold the sensé as expressed in the English text to be the correct sensé. Tins provision is to applv to the Treaty now negotiated, the Chinese text of which bas been carefully corrected by thc English original.

i. See Agreemcnt of Chcfoo, llf, Art v.

TREATTf OF PEACE Z|3l

Art. LI. — It is agreed, that henceforward tlie character " /" (barbarian) sball notbe applicd to tlie Government or subjeets of lier Britannic Majesty, in any Chinese officiai document issued by tbc Chinese authorities either in the capital or in the provinces.

Art. LU. — British ships of wàr coming for no hostile purpose, or being engaged in the pursuit of pirates, sball be at liberty to visit ail ports within the dominions of tlie Emperor of China, and sball receive everv facilily for the purchase of provisions, procuring water, and, if occasion require, for the making of repairs. The Commanders of such slups sball liold intercourse with the Chinese authorities on terîns of equality and coûrtesy.

Art. LUI. — In considération of the injury sustained by native and foreign commerce from the prevalence of Piracy in the seas of China, the High Gontracting Parties agrée to concert measures for ils suppression.

Art. LIV. — The British Government and its subjects are hereby coniirmed in ail privilèges, immunities, and advantages conferred on them by previous Treaties ; and it is hereby expressly stipulated, that the British Government and its subjects will be allowed free and equal participation in ail privilèges, immunities, and advantages that mav hâve been, or mav be hereafter, granted by His Majesty the Emperor of China to the Government or subjects of any olher nation.

\ht. LV. — In évidence of lier désire for the continuance of a friendly understanding, lier Majesty tlie Queen of Great Britain consents to include in a Separate Article, «hicli sliall be in every respect of ecpial validilv \\ il h the Articles of tins Treah , the conditions affecting indemnity for expenses incurred and losses sustained in tlie matter of the Canton question.

Art. IA 1. — The ratifications ofthis Treaty, under the hand of lier Majestj the Queen of Great Britain and Ireland, and Mis Majesty the Emperor of China, respectivelv, sliall be exclianged at Peking, within a year from tins dav of signature.

In token whereof, the respective Plénipotentiaires bave signed and sealed tins Treatj .

Doue at Tientsin, lliis twenty-sixth dav of June, in the year of our Lord one thousand eight hundred and tifty-eight, corresponding with the Chinese date the sixteenth dav lilth moon of the eighth year of Mien Fung.

[L. S.] (Signed) Elgin and Kincardine,