necessary information has been given to His Majesty's Representatives in Peking, and to the Representatives there of the above-mentioned countries to enable them to carry out the arrangements desired by their Governments for the mutual protection of their trade-marks.

In view of these arrangements I am desired by the Marquess of Lansdowne to enquire of your Excellency whether the Netherland Government would be disposed to conclude a similar arrangement with His Majesty's Government.

While expressing the hope that I may receive a favourable reply in this regard, and inclosing copies of the Order in Council of the 2nd February, 1899, as also of the correspondence which took place last year with the Italian Representative in London on the subject, I avail myself, &c.,

HENRY HOWARD.

M. LE MINISTRE,

(2). Baron de Lynden to Sir H. Howard.

[Translation.]

The Hague, September 7, 1904. By your communication of August 15 last your Excellency was so good as to propose to me that we arrive at an understanding in regard to the reciprocal protection of trade-marks in China.

In reply I have the honor to bring to the knowledge of your Excellency the fact that the Netherlands law protects trade-marks (i.e., marques de fabrique et de commerce) duly registered in the country, whatever be the nationality of their proprietor,-and that not only when infringements have been committed in the country itself, but also when they have been committed in a country subject to the system of extraterritoriality, such as China.

The British Government being disposed to give similar instructions to its representative in China, I have advised the Netherlands Minister in Peking that, in case a trade-mark belonging to a British subject or protégé, and duly registered in The Netherlands, should be counterfeited by one of its nationals, this infraction of the Netherlands law should be prosecuted before the competent consular tribunal.

Rquesting your Excellency to be so good as to advise me of the action which your Government may have taken in this matter, I avail, etc. BARON MELVIL DE LYNDEN.

NUMBER 1904/6.

BELGIUM AND GREAT BRITAIN.

Exchange of notes respecting the reciprocal protection of trademarks in China.*— September 30, 1904.

M. LE MINISTRE,

(1).-Sir C. Phipps to Baron de Favereau.

Brussels, September 15, 1904.

I did not fail to communicate to His Majesty's Government your Excellency's note of the 31st ultimo, in which you notified to me the willingness of the Belgian Government to come to an agreement with His Majesty's Government upon the subject of mutual protection of trade-marks in China.

I have now the honour to inform your Excellency, by direction of the Marquess of Lansdowne, that His Majesty's Minister at Peking has been informed of the readiness of the Belgian Government to conclude with His Majesty's Government an arrangement for the mutual protection of British and Belgian trade-marks in China similar to those made by Belgium with other European Powers, and that Sir E. Satow has been requested to issue the necessary instructions to His Majesty's Consular officers in order that protection may be afforded in the British Consular Courts to Belgian trade-marks should they be infringed by British subjects.

I have before me the letter that your Excellency was so good as to address to me on September 15 last, on the subject of the reciprocal protection of Belgian and English trademarks in China.

This communication points out that His Britannic Majesty's Government has given the necessary instructions in order that the consular tribunals of Great Britain shall assure legal protection to trademarks, belonging to Belgian subjects (ie., ressortissants Belges), which may have been counterfeited by English nationals (i.e., nationaux Anglais).

In acknowledging this communication to your Excellency, I have the honor to advise you that the Government of the King will, on its part, assure the protection, in the Chinese Empire, of English trade-marks (i.e., marques de fabrique

* Text, and translation from French text, as printed in Hertslet, p. 603.

ou de commerce) regularly registered in Belgium, which may have been counterfeited by Belgians or Belgian protégés.

The Belgian Legation in Peking, and the Belgian consulates, vice consulates and consular agencies in China, are competent to entertain claims presented to them in such cases.

I have taken care to inform our minister in Peking, as well as our consular representatives in China, of the conclusion between Belgium and Great Britain of the agreement embodied in the exchange of communications which has taken place between the British Legation and my department.

I avail, etc.

(For Baron de Favereau)
J. DE TROOZ,

Minister of the Interior and of Public Instruction.

NUMBER 1904/7.

INTERNATIONAL AND CHINA.

Convention for the exemption of hospital ships in time of war from the payment of all dues and taxes imposed for the benefit of the State.-December 21, 1904.

[This convention does not appear to possess any such particular interest in reference to China as to warrant its inclusion in the present compilation. Translations of the French texts of the convention, and of the Final Act of the Conference, as signed at The Hague on December 21, 1904, are to be found in Malloy, p. 2135.]

NUMBER 1905/1.

BELGIUM (La Société des Mines du Luhan) AND CHINA
(Chihli Lincheng Mining Company).

Contract concerning the Lincheng mines.*-March 22, 1905.

AGREEMENT made between H. E. Liang Tun Yen, Superintendent of Customs, appointed by H. E. Yuan Shih Kai, Viceroy of Chihli, in his capacity of Director General of the new Chinese Company, owners and concessionaries of all the mines situated within the geological coal field of Lincheng in the subprefectures of Lincheng, Neikiou and Kao-yi, acting on behalf

*For the Peking-Hankow (Luhan) Railway concession in favor of the Société Etudes, see No. 1898/13, ante. See Note to this document, post, p. 498.

of and in the name of the above named company of the one part, and Mr. Jean Jadot, Engineer-in-Chief, Controller of the Peking-Hankow Railway or the "Société d'Etudes de Chemins de Fer en Chine," Brussels, who are agents acting on behalf of and in the name of the newly to be formed "Chihli Licheng Mining Loan Co." or the "Société des Mines du Luhan” at Brussels of the second part.

Whereby it has been agreed as follows: the said Lincheng Mining Company being hereinafter referred to as the " Chihli Lincheng Mining Company" and the said "Chihli Lincheng Mining Loan Company" or "Société des Mines du Luhan" as the "Luhan."

ARTICLE 1.-In order to develop the working of its mines in the best and most economical way with the help of the Luhan Railway, near to which these mines are located, the Chihli Lincheng Mining Company has decided to contract a loan sufficient to enable all the necessary new plant to be provided.

ARTICLE 2.-The said loan amounting to three million francs gold (about taels 923,000) shall be provided for by the Luhan.

ARTICLE 3.-The said loan and the interest at seven per cent accruing due thereon constitute the first charge on all the properties and assets both present and future of the Chihli Lincheng Mining Company which are warranted free from all other encumbrances.

ARTICLE 4.-The said loan shall be advanced in four equal instalments according as it is wanted, at dates to be mutually agreed on by the Chihli Lincheng Mining Company and the Luhan. The installments shall be paid into a bank to be mutually appointed.

ARTICLE 5. During the continuance of the said loan, the mines shall be worked jointly by the Chihli Lincheng Company and the Luhan.

The Chihli Lincheng Mining Company shall appoint, by mutual agreement with the Luhan, the principal Chinese officials and in particular the Chinese manager and a Chinese engineer.

The Luhan shall appoint, by mutual agreement with the Chihli Lincheng Mining Company, the foreign staff and in particular, the engineering manager. All projected works and new plant as well as all accounts must be approved by the two managers, who must in everything act in perfect harmony. Every formal document shall be signed by the two managers who shall always act in the name of and on account of the Chihli Lincheng Mining Company.

ARTICLE 6.-(a) The value of the assets brought in by the Chihli Lincheng Mining Company, including concessions, lands, pits, buildings, machinery plant, surveying outlay, &c., is estimated at the sum of five hundred thousand taels (Tls. 500,000) this sum of Tls. 500,000 being made up as follows:

1. Four hundred and eighty thousand taels (Tls. 480,000) for the concessions, lands, buildings, pits, machinery, and the whole plant now on the premises.

2. Twenty thousand taels (Tls. 20,000) to refund the Chinese authorities. the expense incurred by them in prospecting.

As a consideration for the expense incurred by the Luhan prior to this

agreement, on their detailed examination of the mines, a sum of one hundred and thirty thousand francs (Frs. 130,000) is to be credited to that company.

(b) Of the sum of five hundred thousand taels the agreed value of the properties brought in by the Chihli Lincheng Mining Company, a sum of one hundred and fifty thousand taels (Tls. 150,000) shall be taken from the loan and paid in cash as follows:

Fifty thousand taels (Tls. 50,000) immediately after this agreement has been sanctioned by imperial edict, twenty thousand taels (Tls. 20,000) due to the Chinese Government being included in this payment.

Fifty thousand taels (Tls. 50,000) on the taking over by the two directors Chinese and European of all the properties and existing mining plant.

And fifty thousand taels (Tls. 50,000) in two months time after the second payment.

The remainder of the amount of assets brought in by the Chihli Lincheng Mining Company not paid in cash, that is to say, three hundred and fifty thousand taels (Tls. 350,000) shall form part of the share capital and participate in the remuneration specified in Article 7 below mentioned.

Of the sum of one hundred and thirty thousand francs (Frs. 130,000) credited to the Luhan and the value of what they bring into the company, onehalf, that is sixty-five thousand francs shall be paid in cash, on the properties and existing plant being taken over and the other half, namely sixty-five thousand francs, shall form part of the share capital and participate in the remuneration specified in Article 7 hereof.

(c) As soon as the imperial sanction has been given, the two companies, namely the Chihli Lincheng Mining Company and the Luhan, shall immediately take possession of all the lands, buildings, pits, machinery and plant in existence and the present working shall be continued in the best manner possible.

ARTICLE 7.-The annual net profits of the undertaking shall be applied as

follows:

(a) In payment of the amount necessary to pay interest at the rate of seven per cent. (7%) per annum, to be paid annually, on the gold loan.

(b) After the above payment, in providing the amount necessary to pay a dividend at the rate of seven per cent. (7%) per annum, to be paid annually, on the share capital of the undertaking, amounting to three hundred and fifty thousand taels (Tls. 350,000) and sixty-five thousand francs (Frs. 65,000) as stated in Article 6 hereof.

(c) Ten per cent. (10%) of the remaining profits shall be paid to the Chihli Lincheng Mining Company to form an amortisation fund.

(d) The remaining profits shall be divided equally between the Chihli Lincheng Mining Company and the Luhan.

ARTICLE 8.—If, during the period of construction of the new plants, which is estimated at a maximum to be two years, the profits of working with the existing plant are insufficient to provide the interest on the loan and dividends on the share capital, the amount necessary for this purpose shall be taken from the amount of the loan.

It is agreed that the loan shall bear interest only on the instalments as and