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half. Duties, payable by subjects of His Majesty the King of Sweden and Norway, shall be received either in syceesilver, or in foreign money, at the rate of exchange as ascertained by the regulations now in force. And imported goods, on their resale or transit in any part of the Empire, shall be subject to the imposition of no other duty, than they are accustomed to pay at the date of this Treaty.
Art. XIV. No goods on board any Swedish or Norwegian merchant vessel in port are to be transshipped to another vessel, unless there be particular occasion therefore; in which case the occasion shall be certified by the consul to the Superintendent of Customs, who may appoint Officers to examine into the facts and permit the transshipment. And if any goods be transshipped without such application, inquiry and permit, they shall be subject to be forfeited to the Chinese Government.
Art. XV. The former limitation of the trade of foreign nations, to certain persons appointed at Canton by the Government and commonly called Hong-merchants, having been abolished, subjects of His Majesty the King of Sweden and Norway, engaged in the sale or purchase of goods of import or export, are admitted to trade with any and all subjects of China, without distinction; they shall not be subject to any new limitations, nor impeded in their business by monopolies or other injurious restrictions.
Art. XVI. The Chinese Government will not hold itself responsible for any debts, which may happen to be due from subjects of China to subjects of Sweden and Norway, or for frauds committed by them, but Swedes and Norwegians may seek redress in law; and on suitable representation being made to the Chinese local authorities through the Consul, they will cause due examination in the premises, and take all proper steps to compel satisfaction. But in case the debtor be dead, or without property, or have absconded, the creditor cannot be indemnified according to the old system of the Cohong so called, and if subjects of His Majesty the King of Sweden and Norway be indebted to subjects of China, the latter may seek redress in the same way through the Consul, but without any responsibility for the debt on the part of Sweden and Norway.
Art. XVII. Subjects of His Majesty the King of Sweden. and Norway, residing or sojourning at any of the ports open to foreign commerce, shall enjoy all proper accomodation in obtaining houses and places of business, or in hiring sites from the inhabitants on which to construct houses and places of business, and also hospitals, churches and cemeteries. The local authorities of the two Governments shall select in con
cert the sites for the foregoing objects, having due regard to the feelings of the people in the location thereof; and the parties interested will fix the rent by mutual agreement, the proprietors on the one hand not demanding any exorbitant price, nor the merchants on the other unreasonably insisting on particular spots, but each conducting with justice and moderation. And any desecration of said cemeteries by subjects of China shall be severely punished according to law.
At the places of anchorage of Swedish and Norwegian vessels, subjects of His Majesty the King of Sweden and Norway, merchants, seamen or others sojourning there, may pass and repass in the immediate neighbourhood, but they shall not at their pleasure make excursions into the country among the villages at large, nor shall they repair to public marts for the purpose of disposing of goods unlawfully and in fraud of the revenue.
And, in order to the preservation of the public peace, the local Officers of Government at each of the Five ports shall, in concert with the Consuls, define the limits beyond which it shall not be lawful for subjects of His Majesty the King of Sweden and Norway to go.
Art. XVIII. It shall be lawful for subjects of His Majesty the King of Sweden and Norway to employ scholars and people of any part of China without distinction of persons, to teach any of the languages of the Empire, and to assist in literary labors, and the persons so employed shall not for that cause be subject to any injury on the part either of the Government or of individuals, and it shall in like manner be lawful for subjects of His Majesty the King of Sweden and Norway to purchase all manner of books in China.
Art. XIX All subjects of His Majesty the King of Sweden and Norway in China, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of China, shall receive and enjoy, for themselves and every thing appertaining to them, the special protection of the local authorities of Government, who shall defend them from all insult or injury of any sort on the part of the Chinese. If their dwellings or property be threatened or attacked by mobs, incendiaries or other violent or lawless persons, the local Officers, on requisition of the Consul, will immediately dispatch a military force to disperse the rioters, and will apprehend the guilty individuals, and punish them with the utmost rigor of the law.
Art. XX. Subjects of His Majesty the King of Sweden and Norway, who may have imported merchandize into any of the free ports of China, and paid the duty thereon, if they desire to reexport the same, in part or in whole, to any
other of the said ports, shall be entitled to make application through their Consul to the Superintendent of Customs, who, in order to prevent frauds on the revenue, shall cause examination to be made by suitable Officers, to see that the duties paid on such goods, as entered on the Customhouse-books, correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port clearance of the goods and the amount of duties paid on the same, 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, and every thing 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 forfeiture and confiscation to the Chinese Government.
Art. XXI. Subjects of China, who may be guilty of any criminal act towards Swedish or Norwegian subjects, shall be arrested and punished by the Chinese authorities according to the laws of China; and subjects of Sweden or Norway, who may commit any crime in China, shall be subject to be tried and punished only by the Consul, or other public functionary of Sweden or Norway, thereto authorized, according to the laws of his country. And, in order to the prevention of all controversy and disaffection, justice shall be equitably and impartially administered on both sides.
Art. XXII. Relations of peace and amity being established by this Treaty between the United Kingdoms of Sweden and Norway and the Chinese Empire, and the Swedish and Norwegian vessels being admitted to trade freely to and from the Five ports of China open to foreign commerce, it is further agreed: that in case at any time hereafter China should be at war with any foreign nation whatever, and for that cause should exclude such nation from entering her ports, still the vessels of the United Kingdoms of Sweden and Norway shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerant parties, full respect being paid to the neutrality of the flag of the United Kingdoms of Sweden and Norway, provided that the said flag shall not protect vessels engaged in the transportation of officers and soldiers in the enemy's service; nor shall said flag be fraudulently used to enable the enemy's ships with their cargoes to enter the ports of China; but all such vessels
so offending shall be subject to forfeiture and confiscation to the Chinese Government.
Art. XXIII. The Consuls of Sweden and Norway, that may be appointed at each of the Five ports open to foreign trade, shall make annually to the respective Governors General thereof a detailed report of the number of vessels, belonging to the United Kingdoms of Sweden and Norway, which have entered and left said ports during the year, and of the amount and value imported and exported in such vessels, for transmission to and inspection of the Board of Revenue.
Art. XXIV. If subjects of His Majesty the King of Sweden and Norway have special occasion to address any communication to the Chinese local Officers of Government, they shall submit the same to their Consul, or other person charged with affairs, to determine if the language be proper and respectful, and the matter just and right, in which event he shall transmit the same to the appropriate authorities for their consideration and action in the premises. In like manner if subjects of China have special occasion to address the Consul of the United Kingdoms of Sweden and Norway, they shall submit the communication to the local authorities of their own Government, to determine if the language be respectful and proper, and the matter just and right, in which case the said authorities will transmit the same to the Consul, or other person charged with affairs, for his consideration and action in the premises. And if controversies arise between subjects of His Majesty the King of Sweden and Norway and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public Officers of the two nations, acting in conjunction.
Art. XXV. All questions in regard to rights, whether of property or person, arising between subjects of His Majesty the King of Sweden and Norway in China, shall be subject to the jurisdiction and regulated by the authorities of their own Government. And all controversies occuring in China between subjects of Sweden and Norway and the subjects of any other Government shall be regulated by the Treaties existing between Sweden and Norway and such Governments respectively, without any interference on the part of China. Art. XXVI. Swedish and Norwegian merchant vessels, lying in the waters of the Five ports of China open to foreign commerce, will be under the jurisdiction of the Officers of their own Government, who with the masters and owners thereof will manage the same without control on the part of China. For injuries, done to the citizens, or to the commerce
of Sweden and Norway by any foreign power, the Chinese Government will not hold itself bound to make reparation. But if Swedish or Norwegian merchant vessels, while within the waters over which the Chinese Government exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving information thereof, will arrest the said robbers or pirates, and punish them according to law, and will cause all the property which can be recovered to be placed in the hands of the nearest Consul, or other Officer of the United Kingdoms of Sweden and Norway, to be by him restored to the true owner. But if by reason of the extent of territory and numerous population of China, it should in any case happen that the robbers cannot be apprehended, or the property only in part recovered, then the law will take its course in regard to the local authorities, but the Chinese Government will not make indemnity for the goods lost.
Art. XXVII. If any Swedish or Norwegian vessel shall be wrecked or stranded on the coast of China and be subjected to plunder or other damage, the proper Officers of Government, on receiving information of the fact, will immediately adopt measures for their relief and security, and the persons on board shall receive friendly treatment and be enabled at once to repair to the most convenient of the free ports, and shall enjoy all facilities for obtaining supplies of provisions and water. And if a vessel shall be forced, in whatever way, to take refuge in any port other than one of the free ports, then in like manner the persons on board shall receive friendly treatment and the means of safety and security.
Art. XXVIII. Subjects of His Majesty the King of Sweden and Norway, their vessels and property, shall not be subject to any embargo; nor shall they be seized or forcibly detained for any pretence of the public service; but they shall be suffered to prosecute their commerce in quiet, and without molestation or embarrassment.
Art. XXIX. The local authorities of the Chinese Govern: ment will cause to be apprehended all mutineers or deserters from on board Swedish and Norwegian vessels in China, and will deliver them up to the Consuls or other Officers for punishment. And if criminals, subjects of China, take refuge in the houses or on board the vessels belonging to subjects of His Majesty the King of Sweden and Norway, they shall not be harbored or concealed, but shall be delivered up to justice, on due requisition by the Chinese local Officers addressed to those of the United Kingdoms of Sweden and Norway.