of His Majesty the Emperor of China with a view to facilitating international telegraphic communication have resolved to revise the existing agreement regarding the exchange of telegraphic correspondence over the lines of the two states on the frontier of Burma and Yünnan.

ARTICLE II.-The junction on the frontier remains as hitherto between the British station at Bhamo and the Chinese station at Tengyueh (Momein), and an intermediate station will continue to be maintained at Manwyne.

ARTICLE III.-The Indian and the Chinese Administrations shall maintain in good condition the line of connection, and shall exchange the correspondence by wire between the two stations named in Article II, or between any other two stations hereafter mutually agreed upon.

Each of the contracting parties shall bear the expense incurred for these purposes on its own territory, and will take care that the boundaries between the territories of the two governments are scrupulously respected.

ARTICLE IV. The rules laid down in the Service Regulations of the International Telegraph Convention shall be observed with regard to the technical treatment of telegrams transmitted over the line of connection described in Article II.

When the senders of telegrams do not expressly indicate the route by which they wish their telegrams to be forwarded, it is understood that at lower rates all limitrophe correspondence and at equal rates half the limitrophe correspondence shall be forwarded via the line of connection described in Article II, provided that the alternative routes are in equally good working order.

ARTICLE V. Each of the contracting parties fixes the charges for transmission of telegrams by its lines up to the frontier of its own territory.

ARTICLE VI.-The following charges per word are declared for correspondence exchanged via the line of communication described in Article II:

Between the Chinese-Burmese frontier and all other frontiers...

0.35

Hertslet (p. 196) notes that these additions were made, by arrangement with the Chinese Government, in 1907.

II. CHINA.

A. TERMINAL CHARGES.

1. For telegrams exchanged with Europe and countries beyond Europe

(except America)....

2. For telegrams exchanged with America...

3.

3.36

4.86

For telegrams exchanged between all other countries on the one side and stations on the Yangtze or south of the Yangtze on the other side.... 1.00 For telegrams exchanged between all other countries on the one side and stations situated to the north of the Yangtze..

.... 1.50

5. (a) For telegrams exchanged between Burma, India, and Ceylon on the one side and the province of Yünnan on the other side................ 0.50 (b) For bonâ-fide British and Chinese Government telegrams between Burma, India and Ceylon on the one side and the province of Yünnan on the other side.....

0.25

B. TRANSIT CHARGES.

1. For telegrams exchanged between Europe and countries beyond Europe (except America) on the one side and all countries beyond China on the other side....

.... 3.36

2. For telegrams exchanged between America on the one side and all other countries beyond China on the other side....

3. For all other telegrams between the Burmese-Chinese frontier and(a) Shanghai or frontier stations south of the Yangtze.

(b) All other frontiers....

4.86

1.25

1.50

The charges established for telegrams exchanged between China on the one side, and Burma, India, and Ceylon on the other side, are solely for correspondence actually exchanged between the named neighbouring countries, and the Chinese European and American correspondence cannot be re-telegraphed at these rates by private agencies or persons at intermediate stations.

If during the course of operation of this Convention the rates of China or of the Telegraph Companies operating in China be diminished for telegrams exchanged by the whole of China, including Hongkong, with Europe and the countries beyond Europe, China undertakes simultaneously and in the same proportion to lower her present terminal and transit rates for such telegrams on their transmission along the Burma-Yünnan line.

ARTICLE VII.—The checking of the amount of correspondence exchanged via the line of connection shall take place daily by wire between the stations. named in Article II.

The settlement of accounts shall take place at the end of each month and the resulting balance shall be paid one month after the end of the month in account to the Indian Telegraph Administration at Calcutta or to the Chinese Telegraph Administration at Shanghai.

The month shall be reckoned according to the European calendar. Tele

grams referring to the settlement of accounts shall be considered as service. telegrams and transmitted free of charge.

ARTICLE VIII.-The collection of the charges at all the stations of the Chinese Telegraph Administration, according to the rates fixed in Article VI of the present Convention in gold francs, as well as the liquidation of the mutual accounts, shall be made in Mexican dollars according to the actual rate of exchange between this coin and the franc.

This rate of exchange shall be agreed upon between the Telegraph Administrations of the contracting Governments during the month preceding each quarter on the basis of the average rate of exchange during the three months preceding that during which the rate is fixed.

As regards out payments to Telegraph Administrations beyond China and India the Chinese and Indian Telegraph Administrations will communicate to each other their amount and this amount the two Administrations will be at liberty to collect and settle at such rates as may protect them from loss.

ARTICLE IX.-The present Convention shall come into force on the first day of June, 1905, and shall, unless otherwise mutually agreed upon, remain in force for ten years and thereafter until twelve months after one of the contracting parties shall have given notice of its intention to modify or to abrogate it.

In witness whereof the Undersigned duly authorized to this effect have signed the present Convention.

Done at Peking in the English language and in the Chinese language. Three expeditions duly compared and found to be in agreement have been signed in each of these languages on the 23rd day of the month of May, 1905, corresponding with the 20th day of the 4th moon of the thirty-first year of the reign of Kuang Hsü.

(L.S.)

ERNEST SATow

[Signature and Seal of the Chinese Plenipotentiary]

NUMBER 1905/3.

INTERNATIONAL AND CHINA.

Convention for the creation of an international institute of agriculture.-June 7, 1905.

[The text of this convention is not printed here, as it does not appear to possess any such particular interest in reference to China as to warrant its inclusion. A translation from the French text of the convention as concluded at Rome, June 7, 1905, is printed in Malloy, p. 2140.]

NUMBER 1905/4.

GREAT BRITAIN AND THE UNITED STATES.

Exchange of notes in regard to the reciprocal protection of trade-marks in China.*-June 28, 1905.

BRITISH EMBASSY,

Lenox, Mass., August 16, 1904.

SIR: Under an Order in Council of the 2nd February, 1899,† it is open to a foreigner whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British Consular Court, provided— (1) That the consent in writing of His Majesty's Minister or Chargé d'Affaires be obtained to the prosecution; but

(2) Such consent may be withheld unless His Majesty's Minister or Chargé d'Affaires is satisfied that effectual provision exists for the punishment in Consular or other Courts in China of similar acts committed by the subjects of the State or Power of which such prosecutor is a subject.

By correspondence with the French, German and Italian representatives in London, it has been ascertained that provision exists for the punishment in the Consular Courts of France, Germany, and Italy in China of citizens or subjects of those countries should they infringe British trade-marks, and the necessary information has been given to His Majesty's Representative in Peking and to the Representatives there of the three countries mentioned to enable them to carry out the arrangements desired by their Governments for the mutual protection of their trade-marks.

I am instructed by His Majesty's Principal Secretary of State for Foreign Affairs to enquire whether the Government of the United States would be disposed to conclude a similar arrangement with His Majesty's Government.

I have the honour to be, with the highest consideration, sir, your most obedient, humble Servant,

(Signed)

The Honourable JOHN HAY,

Secretary of State, etc., etc., etc.

H. M. DURAND.

DEPARTMENT OF STATE,
Washington, September 23, 1904.

EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 16th ultimo inquiring whether this Government would be disposed to conclude with that of Great Britain an agreement providing for the punishment

*Text as printed in U. S. Treaty Series (No Number). Printed also in Hertslet, p. 604; Malloy, p. 800. † See Note to this document, post, p. 505.

in the consular courts of the United States of American citizens infringing British trade-marks in China and for the punishment in the Consular courts of Great Britain of British subjects infringing American trade-marks in China. The Government of the United States is of the opinion that some arrangement of this sort would be advantageous to its citizens doing business in China, and is therefore willing to enter into such an agreement with regard to China as it already has with your Government for the reciprocal protection of trademarks in Morocco. Under that agreement the American consular courts in Morocco protect British subjects against the infringement by American citizens in Morocco of such of their trade-marks as have been duly registered in the United States, and the British consular courts afford like protection to American citizens against the infringement by British subjects of such of their trade-marks as have been duly registered in Great Britain.

If this is satisfactory to your Government, the proposed agreement could be effected by an exchange of notes as in the case of Morocco.

I have the honor to be, with highest consideration, your excellency's most obedient servant,

SIR, I communicated to His Majesty's Secretary of State for Foreign Affairs your note of September 23, 1904 relative to the proposed Agreement between His Majesty's Government and the United States Government for the mutual protection of British and American Trade Marks in China.

I am now in receipt of a despatch from Lord Lansdowne stating that His Majesty's Government agree in the proposal put forward in that note that an arrangement should be come to between the two Governments with regard to China, such as already exists between them for the reciprocal protection of Trade Marks in Morocco.

I am directed to inform you of the concurrence of His Majesty's Government in the proposal, and to add that the necessary instructions on the subject will be sent to His Majesty's Minister at Peking.

I have the honour to be, with high consideration, sir, your most obedient, humble servant,

The Honourable FRANCIS B. LOOMIS,

H. M. DURAND.

Acting Secretary of State, etc., etc., etc.