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Appendix No. 76.

Borneo.

BORNEO.-May 27, 1847.

ADDITIONAL ARTICLE.

His Highness the Sultan of Borneo agrees than in all cases when a British subject shall be accused of any crime committed in any part of His Highness's dominions, the person so accused shall be exclusively tried and adjudged by the English Consul-General, or other officer duly appointed for that purpose by Her Britannic Majesty; and in all cases where disputes or differences shall arise between British subjects or between British subjects and the subjects of His Highness, or between British subjects and the subjects of any other foreign Power, within the dominions of the Sultan of Borneo, Her Britannic Majesty's Consul-General, or other duly appointed officer, shall have power to hear and decide the same, without any interference, molestation, or hindrance on the part of any authority of Borneo, either before, during, or after the litigation.

Appendix No. 77.

Buenos Ayres.

BUENOS AYRES.-February 2, 1825.

ARTICLE X.

It shall be free for each of the two Contracting Parties to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other Party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the Contracting Parties may except from the residence of Consuls such particular places as either of them may judge fit so to be excepted.

ARTICLE XIII.

It shall be free for the subjects of Her Britannic Majesty residing in the United Provinces of Rio de la Plata to dispose of their property, of every description, by will or testament, as they may judge fit; and in the event of any British subject dying without such will or testament in the territories of the said United Provinces, the British Consul-General, or, in his absence, his representative, shall have the right to nominate curators to take charge of the property of the deceased for the benefit of his lawful heirs and creditors, without interference, giving convenient notice thereof to the authorities of the country; and reciprocally.

ndix No. 78. Chile.

CHILE.-October 4, 1854.

ARTICLE X.

If any subject or citizen of either of the High Contracting Parties should die in the dominions or territories of the other without will or testament, and if no person should present himself, who, according to the laws of the country in which the death may have taken place, is lawfully entitled to succeed to him, the Consul-General, Consul, or Vice-Consul of the nation to which the deceased may belong, shall, so far as the laws of the country may permit, be the lawful representative of such of his countrymen as may have an interest in the succession; and the Consul shall, as such representative, exercise, in as far as the laws of each country may permit, all the rights which the person so lawfully entitled to succeed to the deceased could exercise, with the exception of the right to receive money or effects, to do which a special order shall always be necessary; the said money or effects being in the mean time deposited in the hands of a person to the satisfaction of the local authorities and the Consul. If the succession should be real estate, in this case the rights of the persons interested shall be regulated by what the laws of each country ordains respecting foreigners.

ARTICLE XII.

It shall be free for each of the two Contracting Parties to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the Contracting Parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted. The Diplomatic Agents and Consuls of each of the two High Contracting Parties in the dominions or territories of the other shall enjoy whatever privileges, exemptions, and immunities are or shall be granted there to Agents of the same rank belonging to the most favoured nation.

ARTICLE XIII.

It is agreed and covenanted between the High Contracting Parties that they will afford every aid consistent with the laws of their respective countries for the apprehension and surrender of deserters from the naval and military or from the merchant service of either country, on application being made to that effect by the Consul of the party concerned, and on it being proved by the register of the vessel, the list of the crew, or other similar documents, that the said deserters formed part of the crew of the said vessel, and that they had deserted from vessels in the ports, coasts, or waters, of the country before whose authorities they are claimed.

With respect to the detention of deserters in the public prisons, and the time they ought to remain under the control of the local authorities, when apprehended, in order that they may be placed at the disposal of the Consul who claims them, and be sent on board vessels of their nation, the rules established by the laws of each country respectively shall be observed; and during such time as there shall be no special laws enacted on this subject in the Republic of Chile, the local authorities shall grant in this respect the same co-operation which in like cases is afforded by the British authorities according to the laws of Great Britain.

And it is further agreed that any other favour or facility with respect to the recovery of deserters which either of the Contracting Parties has granted, or may hereafter grant, to any other State, shall also be granted to the other Contracting Party in the same manner as if such favour or facility had been expressly stipulated by the present Treaty.

ARTICLE XVI.

If any ship of war or merchant vessel of either of the High Contracting Parties should be wrecked on the coasts of the other, such ship or vessel, or any part thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize which may be saved therefrom, or the produce thereof, if sold, shall be faithfully restored to the proprietors, upon being claimed by them or by their duly authorised agents; and if there are no such proprietors or agents on the spot, then the said goods and merchandize, or the proceeds thereof, shall, as well as all the papers found on board such wrecked vessel or ship, be delivered to the British or Chilian Consul in whose district the wreck may have taken place and such Consul, proprietors, or agents, shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage which would have been payable in the like case of a wreck of a national vessel. The goods and merchandize saved from the wreck shall not be subject to duties unless cleared for consumption.

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ARTICLE XVII.

When in case of war, and in order to protect the interests of the State seriously compromised, the welfare of the country may render indispensable an embargo or general closing of the ports by either of the two Contracting Parties, it is stipulated that if the embargo or closing of the ports does not exceed six days, the merchant vessels which may have been included in this measure shall not claim any indemnity on account of lay days or prejudice to their interests; but if the detention should be more than six days, and does not exceed twelve, the Government which may have laid on the embargo or closing of the ports, shall be obliged to refund to the masters of the vessels detained, as an indemnity, the amount of expenses arising from the wages and support of their crews for the time they may have been forced to remain, counting from the seventh day. If circumstances of a very exceptional gravity should render it necessary to prolong the embargo beyond the term of twelve days, the Government, author of the measure, shall 2 U

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Appendix No. 78

Chile,

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Appendix No. 78. be obliged to indemnify the vessels detained for the losses and prejudices suffered from the forced detention in consequence of the embargo or closing of the ports.

Chile,

It is likewise stipulated that in the event of the property of a subject or citizen of either of the High Contracting Parties resident in the territories of the other, being taken, used, or injured, by the legitimate authorities of that country for public purposes, full indemnity or compensation shall be paid to him by the Government of the country in which the measure is taken. And in case the amount of these indemnities cannot be arranged in an amicable manner, the determination regarding them shall be submitted to arbiters named, the one by the Government, author of the embargo or measure which gives rise to the claim, and the other by the Diplomatic Agent, and in his absence by the Consul-General, of the nation to which the vessel detained, or proprietor injured, may belong. In case these arbiters cannot agree, the final determination, without appeal, shall be referred to the Government of a third friendly Power.

Appendix No. 79.

China.

CHINA.-August 29, 1842.

[Confirmed by Treaty, June 26th, 1858.]

ARTICLE II.

His Majesty the Emperor of China agrees, that British subjects, with their families and establishments, shall be allowed to reside, for the purpose of carrying on their mercantile pursuits, without molestation or restraint, at the cities and towns of Canton, Amoy, Foochowfoo, Ningpo, and Shanghai; and Her Majesty the Queen of Great Britain, &c., will appoint Superintendents, or Consular Officers, to reside at each of the abovenamed cities or towns, to be the medium of communication between the Chinese authorities and the said merchants, and to see that the just duties and other dues of the Chinese Government, as hereafter provided for, are duly discharged by Her Britannic Majesty's subjects.

GENERAL REGULATIONS, under which the British Trade is to be conducted at the
Five Ports of Canton, Amoy, Foochowfoo, Ningpo, and Shanghai, July, 1843.

I. Pilots.

. Whenever a British merchantman shall arrive off any of the five ports opened to trade, viz., Canton, Foochowfoo, Amoy, Ningpo, or Shanghai; pilots shall be allowed to take her immediately into port; and, in like manner, when such British ship shall have settled all legal duties and charges, and is about to return home, pilots shall be immediately granted to take her out to sea, without any stoppage or delay.

Regarding the remuneration to be given these pilots, that will be equitably settled by the British Consul appointed to each particular port, who will determine it with due reference to the distance gone over, the risk run, &c.

III. Masters of Ships reporting themselves on arrival.

Whenever a British vessel shall have cast anchor at any one of the above-mentioned ports, the Captain will, within four-and-twenty hours after arrival, proceed to the British Consulate, and deposit his ship's papers, bills of lading, manifest, &c., in the hands of the Consul; failing to do which, he will subject himself to a penalty of two hundred dollars.

For presenting a false manifest, the penalty will be five hundred dollars.

For breaking bulk and commencing to discharge, before due permission shall be obtained, the penalty will be five hundred dollars, and confiscation of the goods so discharged.

The Consul, having taken possession of the ship's papers, will immediately send a written communication to the Superintendent of Customs, specifying the register tonnage of the ship, and the particulars of the cargo she has on board; all of which being done in due form, permission will then be given to discharge, and the duties levied as provided for in the Tariff.

VI. Import and Export Duties.

Goods, whether imported into or exported from, any one of the above-mentioned five ports, are henceforward to be taxed according to the Tariff as now fixed and agreed upon, and no further sums are to be levied beyond those which are specified in the Tariff; all duties incurred by an English merchant vessel, whether on goods imported or exported, or in the shape of tonnage-dues, must first be paid up in full; which done, the Superintendent of Customs will grant a port-clearance, and this being shown to the British Consul, he will thereupon return the ship's papers, and permit the vessel to depart.

VII. Examination of Goods at the Custom-house

Every English merchant, having cargo to load or discharge, must give due intimation thereof, and hand particulars of the same to the Consul, who will immediately dispatch a recognized linguist of his own establishment to communicate the particulars to the Superintendent of Customs, that the goods may be duly examined, and neither party subjected to loss. The English merchant must also have a properly qualified person on the spot to attend to his interests when his goods are being examined for duty, otherwise, should there be complaints, these cannot be attended to.

Regarding such goods as are subject by the Tariff to an ad valorem duty, if the English merchant cannot agree with the Chinese officer in fixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase, shall be assumed as the value of the goods.

To fix the tare on any article, such as tea; if the English merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon all other goods in packages.

If there should still be any disputed points which cannot be settled, the English merchant may appeal to the Consul, who will communicate the particulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made on the same day, or it will not be regarded. While such points are still open, the Superintendent of Customs will delay to insert the same in his books, thus affording an opportunity that the merits of the case may be duly tried and sifted.

VIII. Munner of Paying the Duties.

It is hereinbefore provided, that every English vessel that enters any one of the five ports, shall pay all duties and tonnage-dues before she be permitted to depart. The Superintendent of Customs will select certain shroffs, or banking establishments, of known stability, to whom he will give licenses, authorizing them to receive duties from the English merchants on behalf of Government, and the receipt of these shroffs for any moneys paid them shall be considered as a Government voucher. In the paying of these duties, different kinds of foreign money may be made use of; but as foreign money is not of equal purity with sycee silver, the English Consuls appointed to the different ports will, according to time, place and circumstances, arrange with the Superintendents of Customs at each, what coins may be taken in payment, and what percentage may be necessary to make them equal to standard or pure silver.

IX. Weights and Measures.

Sets of balance-yards for the weighing of goods, of money-weights, and of measures, prepared in exact conformity to those hitherto in use at the Custom-house of Canton, and duly stamped and sealed in proof thereof, will be kept in possession of the Superintendent of Customs, and also at the British Consulate at each of the five ports, and these shall be the standards by which all duties shall be charged, and all sums paid to Government. In case of any dispute arising between British merchants and Chinese officers of Customs, regarding the weights or measures of goods, reference shall be made to these standards, and disputes decided accordingly.

XI. Transhipment of Goods.

No English merchant ships may transship goods without special permission; should any urgent case happen where transshipment is necessary, the circumstances must first be submitted to the Consul, who will give a certificate to that effect, and the Superin

Appendix No. 79.

China.

Appendix No. 79. tendent of Customs will then send a special officer to be present at the transshipment. If any one presumes to transship without such permission being asked for and obtained, the whole of the goods so illicitly transshipped will be confiscated.

China.

XII. Subordinate Consular Officers.

At any place selected for the anchorage of the English merchant ships, there may be appointed a subordinate Consular Officer, of approved good conduct, to exercise due control over the seamen and others. He must exert himself to prevent quarrels between the English seamen and natives, this being of the utmost importance. Should any thing of the kind unfortunately take place, he will in like manner do his best to arrange it amicably. When sailors go on shore to walk, officers shall be required to accompany them; and should disturbances take place, such officers will be held responsible. The Chinese officers may not impede natives from coming alongside the ships to sell clothes or other necessaries to the sailors living on board.

XIII. Disputes between British Subjects and Chinese.

Whenever a British subject has reason to complain of a Chinese, he must first proceed to the Consulate and state his grievance; the Consul will thereupon inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, he shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If an English merchant have occasion to address the Chinese authorities, he shall send such address through the Consul, who will see that the language is becoming; and, if otherwise, will direct it to be changed, or will refuse to convey the address. If, unfortunately, any disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of a Chinese officer, that they may together examine into the merits of the case, and decide it equitably. Regarding the punishment of English criminals, the English Government will enact the laws necessary to attain that end, and the Consul will be empowered to put them in force; and regarding the punishment of Chinese criminals, these will be tried and punished by their own laws, in the way provided for by the correspondence which took place at Nanking, after the concluding of the

peace.

XIV. British Government Cruizers anchoring within the Ports.

An English Government cruizer will anchor within each of the five ports, that the Consul may have the means of better restraining sailors and others, and preventing disturbances. But these Government cruizers are not to be put on the same footing as merchant vessels; for, as they bring no merchandize and do not come to trade, they will of course pay neither dues nor charges. The Resident Consul will keep the Superintendent of Customs duly informed of the arrival and departure of such Government cruizers, that he may take his measures accordingly.

XV. On the Security to be given for British Merchant Vessels.

It has hitherto been the custom, when an English vessel entered the port of Canton, that a Chinese Hong Merchant stood security for her, and all duties and charges were paid through such security merchant; but these security merchants being now done away with, it is understood, that the British Consul will henceforth be security for all British merchant ships entering any of the aforesaid five ports.

Appendix No. 80.

China.

CHINA.-April 4, 1846.

ARTICLE II.

British subjects shall in the meanwhile enjoy full liberty and protection in the neighbourhood, on the outside of the city of Canton, within certain limits fixed according to previous Treaty, comprising seventy localities of which the names were communicated by the district magistrates to the British Consul on the 21st November, 1845. They may likewise make excursions on the two sides of the river, where there are not numerous villages.

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