I. Six monlhs (Ilertslel

^aS CONVENTIONS DE PE-KING

ariive ofF one of tlic opon ports, llie Superinlendenl of Customs sliall députe one or inorc Customs' ollicers lo guard ihe sliip. Thev shall eilhcr live in a boal of their o\vn or stay on board the shij), as inav best suit their conveniencc. Their food and expenses sliall he snpplied thein frorn thc Cnstom-house, and they shall nol be enlitled to anv fées Avhalever froni thc masler or consignée. Shonld thev violate this régulation, they shall be punished proporlionalelv to ihe amount exacted.

Art. XXXVII. — Wilhin hventv-four hours aftcr arrivai, thc ship's papers. bills of lading. Sec, shali be lodged in the hands of thc Consul, who will, Avithin a furtlier pcriod of twentv-four hours, r(>port to the Superintcndent of Customs the name of the ship, her regisler tonnage, and thc nature of lier cargo. If, owing to neglcct on thc part of thc masler, the above rule is not complied wilh, Avithin forty-eight hours aftcr the ship's arrivai, lie shall be liable to a fine of fifty taels for cvery dav's delav ; the total amount of penaltv, howevcr, shall nol exceed two hundred taels.

The masler Avill be rcsponsiblc for the corrcclness of the manifest, Avhich shall contain a full and truc account of the particulais of the cargo on board. For presenting a false manifest, he will subjecl himself to a fine of five hundred taels ; but he Avill be allowed to correct, wilhin Uventy-four hours aller delivcrv of il lo the Customs' ofliccrs, anv mistake lie mav discover in bis manifest, Avithout incurring this penalty.

Art. XXXVIII. — Afler receiving from the Consul the report in due form, the Superintcndent of Customs shall grant the vessel a permit to open halchcs. If the masler shall open halchcs and begin to discharge anv goods wilhout such permission, he shall bc llned five hundred taels, and thc sjoods dischar";ed shall be confiscatcd wlioUy.

Art. XXXIX. — Any British merchant y\\\o bas cargo to land or ship, must applv to the Superintcndent of Customs for a spécial permit. Cargo landed or shipped wilhout such permit will bc liable to confiscation.

Art. XL. — Xo Iranshipmcnl irom one vesscl to anolher can be made Avithoul spécial permission, under pain of confiscation of the goods so Iranshipped.

Art. XLl. — A\ hen ail dues and dutics shall bave bcen paid, the Superintcndent of Customs shall give a port-clearancc, and thc Consul shall ihen refurn the ship's papers, so that she may départ ou lier voyage.

TRIÎATY or PEACK /jafj

Art. XTJI. — Witli respect lo articles subject, according lo tlic Tariir, to an ad valorem dnty, iC llie Brilisli nicrcliaiit cannot agrée wlth the Chinese otiiccr In alîixing a value, ihen cacli party shall call two or three inerchants to look attliegoods, and the higliest price at Avhicli any ol lliese inerchants would bcA\illing topurchasetheni, shall he assunied as tlic value of the goods.

vVuT. XLIII. — Duties shall be charged upon the net wcight of each article, niaking a déduction (or the lare, weight of congee, &c. To fix the tare on any article, such as tea, if the British inercliant cannot agrée with the Cusloni-house olllcer, then each party shall choose so m'any chests out of every hundred, which beini!' first wei'died in aioss, shall afterwards be tarod, and tiie averagc tare upon thèse chests shall be assuined as the tare upon the Avhole ; and upon this principle shall the tare be lixed upon ail other goods and packages, if there should be any other points in dispute Avhich cannot be settled, the British merchant may appcal to bis Consul, Avho will coininunicate the parliculars of the case to the Superintendent of Custonis, that it may be equitably arranged. But the appcal niust be niade within twenty-four bours or it will not be attended to. While such points are still unsettled, the Superintendent of Customs shall postpone the insertion of the same in bis books.

Art. XLIV. — Upon ail dainaged goods a fair réduction of duty shall be allowed, proportionate to their détérioration. If any disputes arise, ihey shall be settled in the rnanner pointed out in the clause of this ïreaty having référence to articles Avhich pay duty ad valorem.

Art. XLV. — British inerchants Avho may bave imported merchandise into any of the opcn ports, and paid the duty thereon, if thcy désire to re-export the same, shall be entitled to make application to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause exaniination to be made by suitable officers, to see that the duties paid on such goods, as entered in the Custom-house books, correspond with the représentation made, and that the goods remain with their original marks unchanged. île shall then make a mémorandum on the port-clearance, of the goods and of the amount of duties paid, and deliver the same to the merchant ; and shall also certify the facts to the officers of Customs of the other ports. Ail which being donc, on the arrivai in port of the vessel in which ihe goods are laden, every thing being found on examinalion there to correspond, shc shall be pcrmilled to break bulk,

/i3o CONVENTIONS DK PE-KING

and land Ihc said goods, witliout beinif subjcct to llic pavment of anv additional dulv ihcieon. liiil il, on such cxaniination, llic Superinlendent of Customs sliall dcicci anv fraud on tlic revenue in llic case, llien tlie goods sliall bc subject to confiscation by Ihe Chinese Govemment.

British merchants deslring to re-export dutv-paid iniports to a foreign countrv, sliall be cntitled, on coinplving Avitli tbe sanic conditions as in tbe case of rc-exportation to anotber port in Cbina, to a drawback-cerlificate, wliicli sliall be a valid tender to tbe Gustoms in paynient ol" import or export dutics '.

Foreign grain brougbt into any port ol" Cbina in a Ikitisb sbip, if no part tbereof bas been landcd, niay be rc-exported "witbout bindrance.

Art. \L^ I. — Tbe Cbinese autboritics at eacb port sball adopt tbe ineans tliey mav judge niost proper to prevent llie revenue sulTering from fraud or sinuggling.

Art. \LVI1. — Britisb mercbant-vessels are not entitled to resort to otlier tban tbe ports of trade declarod open bv tliis Treaty. Tliey are not unlawfiillv to enter otlicr ports in Cbina, or to carrv on clandestine trade along tbe coasts tbereof. Any vessel violating tliis provision, sball, witli lier cargo, be subject to confiscation by tbe T^binese Government.

Art. XLVIII. — If any Britisb mercbant-vessel be concerned in smuggling, tbe goods, whatever tlicir value or nature, sball be subject to confîscalion bv tbe Cbinese autborities, and tbe sbip may be proliibited from trading further, and sent away as soon as ber accounts sball bave been adjusted and paid.

Art. XLIX. — AH penallies enforced, or confiscations made, under tliis Treaty, sball belong and be appropriated to tbe public service of tbe Government of Cbina.

Art. L. — AU olficial communications, addressed bv tbe Diplomatie and Consular Agents of Hcr Majesty tbe Quecn lo tbe Cbinese autborities, sball, bencefortli, be written in Englisb. Tliey Avill for tbe présent be accompanied by a Cbinese version, but it is understood tbat, in tbe event of tbere beini^ anv dilTerence dî ineaninc; between tbe Enj^lisb and Cbinese text, tbe Englisb Government will liold tbe sensé as exprcssed in tbe Englisb toxt to be tbe correct sensé. Tliis provision is to applv to tbe Treatv now negotiated, tbe Cbinese text of wliicli bas been carefully corrected by tbe Englisb original.