Tobacco . .1 2 0 0 Per 1,000 bundies

Àmiiiè et commerce.

Section IIL

Ail goods or prodnce unenumerated in this Tariff shall be free of Export Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceeding the rate now paid.

John Bowring, (L. S.)

(Signatures and seals of the five Siamese Plenipotentiaries.)

Concention complémentaire de commerce conclue, à Bangkok, le i3 mai i856 , entre la Grande- Bretagne et le royaume de Siam,

Agreement entered into between Harry Smith Parkes, Esq., on the pari of Her Britannic jVlajesly's Government, and the undermentioned Royal Commissioners, on the part of Their Majesties the First and Second Kings of Siam.

Mr. Parkes having stated, on his arrivai at Bangkok, as bearer of Her Britannic Majesty's ratification of the Treaty of Friendship and Commerce, concluded on the 18th day of April, 1855, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and Their Majesties Phra Bard Somdetch Phra Paramendr Maha Mongkut Phra Chom Klau Chau Yu Hua, the First King of Siam , and Phra Bard Somdetch Phra Pawarendr Ramesr Mahiswaresr Phra Pin Klau Chau Yu Hua, the Second King of Siam , that he was instructed by the Earl of Clarendon, Her Britannic Majestj^s Principal Secretary of State for Foreign Affairs, to request the Siamese Government to consent to an enumeration of those Articles of the former Treaty, concluded in 1826, between the Honourable East India Company and Their late Majesties the First and Second Kings of Siam, which are abrogated by the Treaty tirst named , and

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also to agrée to certain explanations which appear necessary lo mark the précise force and application of certain portions of ibe new Treaty ; Their aforesaid Majesties, the First and Second Kings of Siam, have appointed and empowered certain Royal Commissioners, namely, his Royal Highness Krom HInang Wong-sa Dbiraj Snidb, and tbeir Excellencies tbe four Senapulbies or Principal Ministers of Siam, to confer and arrançe witb Mr. Parkes tbe malters above named; and the said Royal Commissioners having^accordingly met Mr. Parkes for tbis purpose, on repeated occasions, and malurely considered ail ibe subject brougbt by him to tbeir notice, bave resolved:

Tbat it is proper, in order to prevent future controversy, tbat tbose clauses of tbe old Treaty wbicb are abrogated by tbe new Treaty sbould be dislinctiy specified , and lhat any clause of tbe new Treaty wbicb is not sufficiently clear sbould be fully explained. To (bis end tbey bave agreed to and concluded tbe following iwelve Articles: —

Article I.

On tbe old Treaty concluded in 1826.

Tbe Articles of tbe old Treaty not abrogated by the new Treaty, are I, II. III, VlII, XI, XII, XIII, and XIV, and tbo undermentioned clauses of Articles VI and X;

In Article VI tbe Siamese désire to retain tbe following clause:

„If a Siamese or Englisb mercbant buy or sell, without inquiring* and ascertaining wbetber tbe seller or buyer be of a good or bad cbaracter, and if be meet witb a bad man, wbo takes the property and absconds, tbe ruiers and officers on eitber side must make search and endeavour to produce tbe property of the absconder, and investigate tbe matter witb sincerity. If tbe party possess money or property, be can be made to pay; but if be does not possess any, or if be cannot De apprebended, it will be the merchants own fault, and ibe aulborities cannot be beld responsible."

Of Article X, Mr. Parkes desires to retain tbat clause relating to tbe overland trade, which states:

„Asiatic merchants of the Englisb countries, not being Burmese, Pegouans, or descendants of Europeans, desiring to enter into and to trade witb tbe Siamese domi-

nions, from the countries of Mergui, Tavoj, Tenasserim, and Ye, wliich are now subjecl to the English, will be allowed to 'do so freely overland and by vvater, upon the English furnishing tliem with proper certificates."

Mr. Parkes, however, desires that ail British subjccts, without exception, sliall be allowed to parlicipate in this overland traae. The said Royal Commissioners therefore agrée, on the part oC the Siamese, that ail traders, iinder British ruie, may cross from the British territories of Mergui, Tavoy, Ye, Tenasserim, Pegu, or other places, by land or by water, to the Siamese territories, and may trade there with facility, on the condition thaï they shall be provided by the British authorities with proper certiflcates, which must be renewed for each journey.

The Commercial Agreement annexed to the old Treaty is abrogated by the new Treaty, with the exception of the undermentioned danses of Articles I and IV.

Of Article I the Siamese désire to retain the folio wing clause:

«British merchants importing fire-arms, shot, or gunowder, are prohibiled from sclling them to any party ut the Government. Should the Government not require such fire-arms, shot, or gunpowder, the merchants must re-export the whole of them."

Article iV stipulâtes that no charge or duty shall be levied on boats carrying cargo to British ships at the bar. The Siamese désire to cancel this clause, for the reason that the old measurement duty of 1,700 ticals per fathom included the fees of the various officers, but as this measurement duty has now been abolished , the Siamese wish to levy on each native boat taking cargo ont to sea, a fee of 8 ticals 2 salungs, this being the charge paid by Siamese traders: and Mr. Parkes under- (akes to submit this point to the considération of Her MajevSty's Minister Plenipolentiary to the Court of Siam.

Article II.

On the exclusive Jurisdiction of the Consul over British Subjects.

The 11 nd Article of the Treaty stipulâtes that — „Any dispules arising between British and Siamese subjects shall be heard and determined by the Consul in

jVoMt. Hecueil gèn. Tome XVII. Part,!. F

Grande - Bretagne et Siam,

conjunclîon with ihe proper Siamese officers, and crimina! offenders will be punishcd, in ihe case of Enghsh offenders by ihe Consul according to Enghsh laws, and in thô case of Siamese offenders by iheir own laws, through the Siamese aulhorilies; but the Consul shall not interfère in any matters referring solely lo Siamese, neither will the Siamese authoriiies interfère in questions which onîy concern the subjeçls of Her Britannic Majesty."

On the non-inierference of the Consul wilh the Siamese, or of the Siamese with British subjects, the said Royal Commissioners désire, in the first place, lo state that while, for nalural reasons, they fully approve of the Consul holding no jurisdiction over Siamese in their own country, ihe Siamese authoriiies, on the oiher hand, will feel themselves bound to call on the Consul to apprehend and punish British subjects who shall commit, whilst in Siamese ierritory, any grave infractions of the laws, such as cutting, wounding, or inflicting olher serions bodily harm. But in disputes, or in offences of a slighter nature, committed by British subjects among themselves, the Siamese authoriiies will refrain from ail interférence.

Wilh référence to the punishment of offences, or the setilement of disputes, il is agreed:

That ail criminal cases in which both parties are Bntish subjects, or in which the défendant is a British subject, shall be tried and determined by the British Consul alone. AH criminal cases in which both parties are Siamese, or in which the défendant is a Siamese, shall be tried and determined by the Siamese authoriiies alone.

That ail civil cases in which both parties are British subjects, or in which the défendant is a British subject, shall be heard and determined by the British Consul alone. AU civil cases in which both parties are Siamese, or in which the défendant is a Siamese, shall be heard and determined by the Siamese authoriiies alone

That whenever a British subject has to complain against a Siamese, he must make bis complaint through the British Consul, who will lay it before the proper Siamese aulhorilies.

That in ail cases in which Siamese or British subjects are interested, the Siamese autliorîties in the one

Commerce,

case, and the British Consul in the other, shall be at liberty to attend at, and listen to, the investigation of the case; and copies of the proceedings will be furnished from time to time, or whenever desired, to the Consul or the Siamese authorities, until the case is concluded.

That although the Siamese may interfère so far with British subjects, as to cali upon the Consul, in the manner stated in this Article, to punish grave offences when committed by British subjects, it is agreed that —

British subjects, their persons, houses, premises, lands, ships, or property of any kind, shall not be seized, injured , or in any way interfered with by the Siamese. In case of any violation of this stipulation, the Siamese authorities will take cognizance of the case, and punish the offenders. On the other hand , Siamese subjects, their persons, houses, premises, or property of any kind, shall not be seized , injured , or in any way interfered with by the English; and the British Consul shall investigate and punish any breach of this stipulation.

Article 111.

On the right of British Subjects to dispose of their Property at will.

By the IVth Article of the Treaty, British subjects are allowed to purchase in Siam „ houses, gardens, fields, or plantations." It is agreed, in référence to this stipulation, that British subjects, who have accordingly purchased houses, gardens, fields, or plantations, are at liberty to sell the same to whomsoever they please. In the event of a British subject dying in Siam, and leaving houses, lands, or other property, his relations, or those persons who are heirs according to English law, shall receive possession of the said property; and the British Consul, or some one appointed by the British Consul, may proceed at once to take charge of the said property on their account. If the deceased should have ciebts due to hini by the Siamese, or other persons, the Consul can collect them; and if the deceased should owe money , the Consul shall liquidate his debts as far as the estate of the deceased shall suffice.

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Article ÏV.

On Ihe Taxes, Duties, Or other Charges leviable on British Subjects.

The IVlh Article of the Trealy provides for the paynnent on ihe lands held or purchased by British subjects, of „lhe same taxation that is levied on Siamese subjects.The taxes here alluded to are those set forth in the annexed Schedule. Again, it is slated in the Vlîllh Article, that „Brilish subjects are to pay import and export duties according to the tarift' annexed to the Treaty." For the sake of greater distinclness , it is necessary to add to thèse two clauses the followin^ explanation, namely, that beside the land tax and the import and export auties, mentioned in the aforesaid Articles, no additional charge or tax of any kind may be împosed upon a British subject, unless it obtain the sanction bolh of the Suprême Siamese authorities and the British Consul.

Article V.

On Passes and Port Ciearances.

The Vth Article of the Treaty provides that passports shall be granled to travellers, anci the Vth Article of the Régulations that port -ciearances shall be furnished to ships. ïn référence thercto, the said Royal Commissiouers, at the request of Mr. Parkes, agrée that the passports to be given to British subjects travelling beyond the limits assigned by the Treaty for the résidence of British subjects, together with the passes for cargoboats and the port-clearances of British ships, shall be issued within twenty-four hours after formai application for the same shall have been made to the proper Siamese authorities; but if reasonable cause should, at any time, exist for delaying or withholding the issue of any of thèse papers, the Siamese authorities must at once communicate it to the Consul.

Passports for British subjects travelling in the interior, and the portclearances of British ships, will be granted by the Siamese authorities free of charge.

Article VL

On the Prohibition of the Exportation of Rice, Sait, and Fish, and on the Duty on Paddy.

TheVllïth Article of the Treaty stipulâtes, that „when-

cver a scarcity may be apprehended of sait, rjce, and flsh , the Siamese Government reserve to themselves the right of prohibiling by pubb'c proclamation the exportation of thèse articles."

Mr. Parkes, in elucidation of this clause, desires an agreement to this effect , nameiy , that a month's notice shall be given by the Siamese authorities to the Consul, ptior to the enforcement of the prohibition, and that Hrltish subjects who may previously oblain spécial permission from the Siamese authorities to export a certain quantity of rice which they have already purchased, may do so even after the prohibition cornes in force: Mr. Parkes aiso requests that the export duty on paddy should be half of that on rice, nameiy, two ticals per koyan.

The said Royal Commissioners having in view the fact that rice forms the principal sustenance of the nation, stipulate that on the breaking out of war or rébellion, the Siamese may prohibit the trade in rice, and may enforce the prohibition so long as the hostilities thus occasioned shall continue. If a dearth should be apprehended on account of the want or excess of rain, the Consul will be informed one month préviens to the enforcement of the prohibition. British merchants who obtain the Royal permission, upon the issue of the proclamation, to export a certain quantity of rice which they have already purchased, may do so, irrespective of the prohibition to the contrary; but those merchants who do not obtain the Royal permission will not be allowed, when the prohibition takes effect, to export the rice they may already have purchased. The prohibition shall bo removed as soon as the cause of ils being imposed shall have ceased to exist.

Paddy may be exported on paymcnt of a duty of two ticals per koyan, or half the amount levied on rice.

Article VII.

On Permission to impori Gold-Leaf as Bullion. Under the Vllïth Article of the Treaty, bullion may be imported or exported free of charge. With référence to this clause, the said Royal Commissioners, at the request of Mr. Parkes, agrée that foreign coins of every dénomination, gold and silver in bars or ingots, and goldleaf, may be imported free 5 but manufactured articles in

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gold and silver, plated ware, and diamonds or other precious stones, must pay an import duty of 3 per cent.

Article VIII.

On the establishment of a Custom - house.

The said Royal Commissioners, at the request of Mr. Parkes, and in conformity with the intent of the VïIIth Article of the new Treaty, agrée to the immédiate establishment of a custom-house, under the superintendence of a high Government functionary, for the examination of ail goods landed or shipped, and the receipt of the import and export duties due thereon. They fqrther agrée that the business of the custom - house shall be conducted under the régulations annexed to this Agreement.

Article IX.

On the subséquent Taxation of Articles now free from duty.

Mr. Parkes agrées with the said Royal ConMnissioners that whenever the Siamese Government deem it to be bénéficiai for the country to impose a single tax or duty on any article not now subject to a public charge of any kind; they are at liberty to do so, provided that the said tax be just and reasonable.

Article X.

On the Boundaries of the Four-Mile Circuit.

It is stipulated in the IVth Article of the Treaty, that „British subjects coming to réside at Bangkok, may rent land and buy or build houses, but cannot purchase lands within a circuit of 200 sen (not more than four miles English) from the city walls, until they shall have lived in Siam for ten years, or shall obtain spécial authority from the Siamese Government to enable them to do so."

The points to which this circuit extends, due north, south, east, and west of the city, and the spot where it crosses the river below Bangkok, have accordingly been measured by officers on the part of thé Siamese and English ; and iheir measurements, having been examined and agreed to by the said Royal Commissioners and Mr. Parkes, are marked by stone pillars placed at the undermentioned localities, viz: —

Commerce,

On the North.

One sen north of Wat Kemabhirataram.

On the East.

Six sen and seven fathoms south-west of Wat Bangkapi.

On the South.

About nineteen sen south of the village of Bangveo.

On the West.

About two sen south -west of the village of Bangphrom.

The pillars marking the spot where the circuit line crosses the river below Bane;kok are placed on the left bank three sen below the village of Bangirianau, and on the right bank about one sen below the village of Banglampuluen.

Article XI.

On ihe Boundaries of the Twenty-four hours Journey.

ït is stipulated in the IVth Article of the Treaty, that „excepting within the circuit of four miles, British merchants in Siam may at any lime buy or rent houses, lands, or plantations, situated anywhere within a distance of twenty-four hours journey from the city of Bangkok, to be computed by the rate at which boats of the country can travel."

ïhe said Royal Commissioners and Mr. Parkes have consulted together on this subject, and have agreed that the boundaries of the said twenty - four hours' journey shall be as follows: —