ship must apply to the superintendent of customs for special permit. Cargo landed or shipped without such permit will be liable to confiscation.

Transhipment of Goods by Permit.

(American, Art. XXXIII.-French, Art. XXV.)

ART. XL.-No transhipment from one vessel to another can be made without special permission, under pain of confiscation of the goods so transhipped.

Port-clearance granted when a Ship's Dues are paid.

(American, Art. XXII.-French, Art. XXI.)

ART. XLI.-When all dues and duties shall have been paid, the superintendent of customs shall give a port-clearance, and the consul shall then return the ship's papers, so that she may depart on her voyage.

Mode of estimating Duties on certain Goods.

(American, Art. XX.-French, Art. XXI.)

ART. XLII. With respect to articles subject, according to the tariff, to an ad valorem duty, if the British merchant cannot agree with the Chinese officer 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 these merchants would be willing to purchase them, shall be assumed as the value of the goods.

Disputes respecting Tare or other Points.

(American, Art. XX.-French, Art. XIX.)

ART. XLIII.-Duties shall be charged upon the net weight of each article, making a deduction for the tare weight of congee, &c. To fix the tare on any article such as tea, if the British 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 and packages. If there should be any other points in dispute which cannot be settled, the British merchant may appeal to his 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 within twenty-four hours, 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 his books.

Reduction of Duty on damaged Goods.

(French, Art. XIX.)

ART. XLIV. Upon all damaged goods a fair reduction of duty shall be allowed, proportionate to their deterioration. If any disputes arise, they shall be settled in the manner pointed out in the clause of this treaty having reference to articles which pay duty ad valorem.

Imports sent to other Ports in China or abroad.

(American, Art. XXI.-French, Art. XXIV.)

ART. XLV.-British merchants who may have imported merchandize into any of the open ports, and paid the duty thereon, if they desire 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 examination 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 representation made, and that the goods remain with their original marks unchanged. He shall theu make a memorandum 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. All which being done, on the arrival in port of the vessel in which the goods are laden, everything being found on examination there to correspond, she shall be permitted to break bulk and land the said goods, without being subject to the payment of any additional duty thereon. But if, on such examination, the superintendent of customs shall detect any fraud on the revenue in the case, then the goods shall be subject to confiscation by the Chinese Government.

British merchants desiring to re-export duty-paid imports to a foreign country, shall be entitled, on complying with the same conditions as in the case of re-exportation to another port in China, to a drawbackcertificate, which shall be a valid tender to the customs in payment of import or export duties.

Foreign grain brought into any port of China in a British ship, if no part thereof has been landed, may be re-exported without hindrance.

Chinese Authorities to prevent Smuggling.

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

British Vessels to trade only at open Ports.

(American, Art. XIV.-French, Art. VII.)

ART. XLVII.-British merchant-vessels are not entitled to resort to other than the ports of trade declared open by this treaty. They are not unlawfully to enter other ports in China, or to carry on clandestine trade along the coasts thereof. Any vessel violating this provision, shall, with her cargo, be subject to confiscation by the Chinese Government.

Goods and Vessels liable to be seized when smuggling.

(American, Art. XIV.-French, Art. XXVIII.-Russian, Art. IV.) 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 sent away as soon as her accounts shall have been adjusted and paid.

Confiscations to accrue to the Chinese.

(American, Art. XIV.-French, Art. XXVIII)

ART. XLIX. All penalties enforced, or confiscations made, under this treaty, shall belong and be appropriated to the public service of the government of China.

Language of official Correspondence.
(French, Art. III.)

ART. L.-All official communications, addressed by the diplomatic and consular agents of her Majesty the Queen to the Chinese authorities, shall, henceforth, be written in English. They will for the present be accompanied by a Chinese version, but it is understood that, in the event of there being any difference of meaning between the English and Chinese text, the English Government will hold the sense as expressed in the English text to be the correct sense. This provision is to apply to the treaty now negotiated, the Chinese text of which has been carefully corrected by the English original.

British Government and Subjects not to be called "I."

“I”

ART. LI. It is agreed that henceforward the character (barbarian) shall not be applied to the government or subjects of her Britannic Majesty, in any Chinese official document issued by the Chinese authorities either in the capital or in the provinces.

Rights of British national Vessels in China.

'(American, Art. IX.-French, Art. XXX.)

ART. LII.-British ships-of-war coming for no hostile purpose, or being engaged in the pursuit of pirates, shall be at liberty to visit all ports within the dominions of the Emperor of China, and shall receive every facility for the purchase of provisions, procuring water, and, if occasion require, for the making of repairs. The commanders of such ships shall hold intercourse with the Chinese authorities, on terms of equality and courtesy.

United Action to suppress Piracy.

ART. LIII.-In consideration of the injury sustained by native and foreign commerce from the prevalence of piracy in the seas of China, the high contracting parties agree to concert measures for its suppres

sion.

British to enjoy the same Rights as others.

(American, Art. XXX.-French, Art. XL-Russian, Art. X1I.)

ART. LIV.-The British Government and its subjects are hereby confirmed in all privileges, 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 all privileges, immunities, and advantages that may have been, or may be hereafter, granted by his Majesty the Emperor of China to the government or subjects of any other nation.

Indemnities due for Losses to be paid by Chinese.
(French, Art. XLI.)

ART. LV.-In evidence of her desire for the continuance of a friendly understanding, her Majesty the Queen of Great Britain consents to include in a separate article, which shall be in every respect of equal validity with the articles of this treaty, the conditions affecting indemnity for expenses incurred and losses sustained in the matter of the Canton question.

Exchange of Ratifications.

(American, conclusion.-French, Art. XLII.-Russian, Art. XII.)

ART. LVI.—The ratifications of this treaty, under the hand of her Majesty the Queen of Great Britain and Ireland, and his Majesty the Emperor of China, respectively, shall be exchanged at Peking within a year from this day of signature.

In token whereof, the respective Plenipotentiaries have signed and sealed this treaty.

Done at Tientsin, this twenty-sixth day of June, in the year of our Lord one thousand eight hundred and fifty-eight; corresponding with the Chinese date, the sixteenth day, fifth moon of the eighth year of Hienfung.

Note.

CHINESE TEXT OF THE TREATY WITH GREAT BRITAIN.

The Chinese text of the English treaty is inserted for the convenience of persons wishing to refer to it when seeking the precise expressions used, or, as is often the case, desirous to let the Chinese see them, The Chinese texts of the other three treaties are

CHINESE TEXT OF TREATY WITH GREAT BRITAIN.

大英君主

大清皇帝

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大清國皇帝

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