the same bounties and drawbacks allowed in the territories of either of the High Contracting Parties on the exportation of any article which is or may be legally exported therefrom, whether such exportation shall take place in Peruvian vessels or in Japanese vessels, and whathever may be the place of destination, whether a port of either of the High Contracting Parties or of any third Power.

VIII. No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or other similar or corresponding duties of whatever nature, or under whatever denomination levied in the name or for the profit of Government, public functionaries, private individuals, corporations, or etablishments of any kind, shall be imposed in the ports the territories of either country upon the vessels of the other country which shall not equally and under the same conditions be imposed in the like cases en national vessels in general or vessels of the most favoured nation. Such equality of treatment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive, and whatever may be their place of destination.

IX. In all that regards the stationing, loading, and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the territories, of the two countries, no privilege shall be granted to national vessels which shall not be equally granted to vessels of the other country: the intention of the High Contracting Parties being that in this respect also the respective vessels shall be treated on the footing of perfect equality.

X. The coasting trade of the High Contracting Parties is excepted from the provisions of the present Treaty, and shall be regulated according to laws, ordinances, and regulations of Peru and of Japan respectively. It is, however, understood that Peruvian citizens in the territories of His Majesty the Emperor of Japan and Japanese subjects in the territories of Peru, shall enjoy in this respect the rights which are, or may be granted under such laws, ordinances, and regulations to the citizens or subjects of any other country.

A Peruvian vessel laden in a foreign country with cargo destined for two or more ports in the territories of His Majesty the Emperor of Japan and a Japanese vessel laden in a foreign country with cargo destined for two or more ports in the territories of Peru, may discharge a portion of her cargo at one port, and continue her voyage to the other port or ports of destination where foreign trade is permitted, for the purpose of landing the remainder of her original cargo there, subject always to the laws and customs regulations of the two countries.

XI. Any ship of war or merchant-vessel of either of the High Contracting Parties which may be compelled by stress of weather, or by reason of any other distress, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary supplies, and to put to sea again without paying any dues other than such as would be payable by national vessels. In case, however, the master of a merchant-vessel should be under the necessity of disposing of a part of his cargo in order

to defray the expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come.

If any ship of war or merchant-vessel of one of the High Contracting Parties should run aground or be wrecked upon the coasts of the other, the local authorities shall inform the Consul-General, Consul, Vice-Consul, or Consular Agent of the district, of the occurrence, or if there be no such Consular officers, they shall inform the Consul-General, Consul, ViceConsul, or Consular Agent of the nearest district.

All proceedings relative to the salvage of Peruvian vessels wrecked or cast on shore in the territorial waters of His Majesty the Emperor of Japan shall take place in accordance with the laws of Japan, and, reciprocally, all measures of salvage relative to Japanese vessels wrecked or cast on shore in the territorial waters of Peru shall take place in accordance with the laws, ordinances, and regulations of Peru.

Such stranded or wrecked ship or vessel, and all part thereof, and all furnitures and appurtenances belonging thereunto, and all goods and merchandize saved therefrom, including those which may have been cast into the sea or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents, when claimed by them.

If such owners or agents are not on the spot, the same shall be delivered to the respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents upon being claimed by them within the period fixed by the laws, ordinances, and regulations of the country, and such Consular officers, owners, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of a wreck of a national vessel.

The goods and merchandize saved from the wreck shall be exempt from all the duties of the customs unless cleared for consumption, in which case they shall pay the ordinary duties.

When a ship or vessel belonging to the citizens or subjects of one of the High Contracting Parties is stranded or wrecked in the territories of the other, the respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall be authorized, in case the owner or master, or other agent of the owner, is not present to lend their official assistance in order to afford the necessary assistance to the citizens or subjects of the respective States.

The same rule shall apply, in case the owner, master, or other agent is present, but requires such assistance to be given.

XII. All vessels which, according to Peruvian law, are to be deemed Peruvian vessels, and all vessels which, according to Japanese law, are to be deemend Japanese vessels, shall, for the purpose of this Treaty, be deemed Peruvian and Japanese vessels respectively.

XIII. If any seaman should desert from any vessel of war or merchantship belonging to either of the High Contracting Parties within the territories of the other, the local authorities shall be bound to give every

assistance in their power for the apprehension and handing over of such deserter, on application to that effect being made to them by the Consul of the country to which the vessel or ship of the deserter may belong, or by the deputy or representative of the Consul, accompanied by proof from the ship's roll or other public document that the person so demanded is one of the crew of the vessel from which he is alleged to have deserted.

It is understood that this stipulation shall not apply to the citizens or subjects of the country where the desertion takes place.

XIV. The High Contracting Parties agree that, in all that concerns commerce and navigation, any privilege, favour, or immunity which either High Contracting Party has actually granted, or may hereafter grant, to the Government, ships, citizens or subjects of any other State, shall be extended to the Government, ships, citizens or subjects of the other High Contracting Party, gratuitously, if the concession in favour of that other State shall have been gratuitous, and upon the same or equivalent conditions if the concesssion shall have been conditional, it being their intention that the trade and navigation of each country shall be placed in all respects by the other upon the footing of the most favoured nation.

XV. Each of the High Contracting Parties may appoint ConsulsGeneral, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents, in all the ports, cities, and places of the other, except in those where it may not be convenient to recognize such officers.

This exception, however, shall not be made in regard to one of the High Contracting Parties without being made likewise in regard to every other Power.

The Consuls-General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents may exercise all functions, and shall enjoy all privileges, exemptions, and immunities which are, or may hereafter be, granted to Consular officers of the most favoured nation.

XVI. The citizens or subjects of each of the High Contracting Parties shall enjoy in the territories of the other the same protection as native citizens or subjects in regard to patents, trade-marks, and designs upon fulfilment of the formalities prescribed by law.

XVII. The present Treaty shall, from the date it comes into force, be substituted in place of the Preliminary Treaty of Peace, Friendship, Commerce, and Navigation concluded on the 21st day August, 1873, corresponding to the 21st day of the 8th month of the 6th year of Meiji, and all Arrangements and Agreements subsidiary thereto concluded or existing between the High Contracting Parties; and from the same date the said Treaty and all such Arrangements and Agreements shall cease to be binding, and, in consequence, the jurisdiction then exercised by Peruvian Courts in Japan, and all the exceptional privileges, exemptions, and immunities then enjoyed by citizens of Peru as a part of or appurtenant to such jurisdiction, shall absolutely and without notice cease and deter

mine, and thereafter all such jurisdiction shall be assumed and exercised by Japanese Courts.

XVIII. The present Treaty shall go into operation on the 17th day of July, 1899, and shall remain in force for the period of seven years from that date. Either Contracting Party shall have the right at any time after six years shall have elapsed from the date this Treaty takes effect to give notice to the other of its intention to terminate the same, and at the expiration of twelve months after such notice shall have been given, this Treaty shall wholly cease and determine.

XIX. The present Treaty shall be ratified by his Excellency the President of the Republic of Peru after being approved by the Peruvian Congress, and by His Majesty the Emperor of Japan, and the ratifications thereof shall be exchanged at Washington as soon as possible, and not later than eight months after its signature.

In witness whereof the respective Plenipotentiaries have signed the present Treaty in duplicate, and have thereunto affixed their seals.

Done at the city of Washington, the 20th day of March, in the 1895th year of the Christian era, corresponding to the 20th day of the 3rd month of the 28th year of Meiji.

The Government of Peru and the Government of His Majesty the Emperor of Japan, in view of the desire of the latter Power to bring a new Tariff into operation before the Treaty of Commerce and Navigation signed this day takes effect, have, through their respective Plenipotentiaries, agreed upon the following stipulations:

Article V of the Treaty of the 21st day of August, 1873, corresponding to the 21st day of the 8th month of the 6th year of Meiji, shall, from the date of the exchange of the ratifications of the Treaty signed this day, cease to be binding, and thereupon the Government of His Majesty the Emperor of Japan shall be at full liberty, equally with the Government of Peru, to fix the rates of import and export duties in respect of the commerce passing between the two countries.

It is, however, understood that no other or higher duties shall be imposed in either country upon goods or merchandize imported from, or exported to, the other than such as are, or may hereafter be imposed upon the like articles imported from, or exported to the most favoured nation.

This Protocol shall be submitted to the two Contracting Parties at the same time as the Treaty signed this day, and when the said Treaty is ratified the Agreement contained in this Protocol shall also equally be considered as approved, without the necessity of further formal ratification.

In witness whereof the respective Plenipotentiaries have signed the present Protocol, and have thereunto affixed their seals.

Done at the city of Washington, the 20th day of March, in the 1895th year of the Christian era, corresponding to the 20th day of the 3rd month of the 28th year of Meiji.

His Imperial Japanese Majesty's Envoy Extraordinary and Minister Plenipotentiary.

40.

ITALIE, ARGENTINE.

Convention commerciale modifiant l'Article II de la Convention du 1er juin 1894,*) destinée à s'assurer réciproquement le traitement de la nation la plus favorisée; signée à Buenos Ayres, le 31 janvier 1895.

The Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Italy, Count Pietro Antonelli, and the Minister for Foreign Affairs of the Argentine Republic, Doctor D. d'Amancio Alcorta, having met at the Office of the latter, the former signifies that the Royal Government accepts the modified clause respecting the duration of the Convention relative to most-favoured-nation treatment, as voted by the Argentine Congress; the second paragraph of Article II of the Convention signed at Buenos Ayres on the 1st June last being consequently modified as follows:

„It shall remain in force for such time as may be convenient, and shall be obligatory until the expiration of one year after one of the High Contracting Parties shall notify to the other its intention to terminate it."

The Italian Minister adds that, in consequence of such acceptance and in order to settle the matter quite clearly in fulfilment of the telegraphic

*) V. N. R. G. 2o s. XXIII. 15.