between Belgium and Russia, of the agreement which is effected by the exchange of correspondence that has taken place between us.

Accept, etc.

(Sgd.)

De Prelle.

NUMBER 1906/7.

ITALY AND RUSSIA.

Exchange of notes concerning the reciprocal protection of trade-marks in China.-October 16, 1906.

NOTE OF THE ITALIAN MINISTER AT PEKING TO THE RUSSIAN MINISTER, UNDER DATE OF OCTOBER 3/16, 1906.

By your note of today's date§ you were so good as to inform me that as the Imperial Government desires to come to an agreement with the Government of Italy concerning the reciprocal protection in China of trademarks (i.e., marques de fabrique et de commerce) duly registered in Russia and in Italy, you have been authorized by the Minister for Foreign Affairs of Russia to declare to me that the Government of Russia is ready to enforce, through its consular tribunals in China, all claims relating to the infringement of trademarks (i.e., marques de fabrique et de commerce), duly registered in Russia, committed by Russian subjects aganist Italian nationals (i.e., ressortissants italiens).

In taking note of this communication I have the honor to inform you that I am for my part authorized by the Royal Government to declare to you that the infringement of Russian trademarks (i.e., marques de fabrique et de commerce russes), duly registered in Italy, committed by persons subject to the jurisdiction of the Italian consular tribunals in China, will, in accordance with the provisions of the law, be tried in the first instance by the consular tribunals mentioned above, and on appeal by the Royal Court of Appeal at Ancona.

Accept, etc.

(Sgd.)

BAROLI.

Translation from French text as printed in Izviestia, 1914, vol. I, p. 3.

The note referred to was identical, mutatis mutandis, with that addressed to the

British Minister on October 16/29th, 1906 (No. 1906/8, post).

NUMBER 1906/8.

GREAT BRITAIN AND RUSSIA.

Exchange of notes concerning the reciprocal protection of trade-marks in China.*-October 29, 1906.

NOTE OF RUSSIAN MINISTER AT PEKING TO BRITISH MINISTER.

MR. MINISTER AND DEAR COLleague,

Imperial Russian Legation,

Peking, October 16/29, 1906.

The Imperial Government being desirous of arriving at an agreement with the Government of Great Britain in regard to the reciprocal protection, in China, of trademarks (i.e., marques de fabrique et de commerce) duly registered in Russia and in England, I have the honor to advise you that I am authorized by the Minister for Foreign Affairs of Russia to declare to you that the Government of Russia is ready to enforce, through its consular tribunals in China, all claims relating to the infringement of trademarks (i.e., marques de fabrique et de commerce), duly registered in Russia, committed by Russian subjects against English nationals (i.e., ressortissants anglais).

I should be obliged if you would be so good as to advise me if the same protection would be accorded, in the consular tribunals of Great Britain in China, to trademarks belonging to Russian subjects and regularly registered in England, which might be infringed by English subjects.

I have the honour to acknowledge the receipt of your note of the 29th October, in which you are good enough to inform me that you have been authorized by the Russian Minister of Foreign Affairs to declare that the Russian Government are ready, through their Consular Tribunals in China, to enforce any request relative to infringements of British trade-marks duly registered in Russia, which may be committed by Russian subjects.

In reply, I have the honour to inform you that under the Order in Council of February 2nd, 1899,† it is open to a Russian whose trade-mark, duly registered in Great Britain, has been infringed by a British subject in China, to take proceedings against the latter in the British Court, provided

* Translation from the French text as printed in Isviestia, 1914, vol. I, also in Hertslet, p. 617.

p. 4. Printed For the relevant articles of the Order in Council of February 11, 1907, replacing the provisions of the Order in Council here cited, see note to the Anglo-American arrangement concerning trade-marks in China (No. 1905/4), at page 505, ante.

(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 the Russian Consular Courts of Russian subjects infringing British trade-marks.

In view of the assurances given by your Excellency in the note under reply, I am authorized by His Majesty's Government to inform you that it is not open to doubt that, in practice, the consent of the British Minister or Chargé d'Affaires would be given in any and every case where full reciprocity could be and was granted by Russia.

I shall not fail to inform His Majesty's Government of this exchange of notes nor to issue the necessary instructions to His Majesty's Consular Officers in China.

Exchange of notes concerning the reciprocal protection of trade-marks in China.*-November 30, 1906.

NOTE OF THE FRENCH MINISTER AT PEKING TO THE RUSSIAN MINISTER, under date of NOVEMBER 17/30, 1906.

I have the honor to take note of your dispatch of today's date,† by which you are so good as to make known to me that your Government will enforce, through its consular tribunals in China, all claims presented by a French national (i.e., un ressortissant français) in respect to infringements of French trademarks (i.e., marques françaises de fabrique et de commerce), duly registered in Russia, which may be committed by Russian subjects.

I am, for my part, authorized by my Government to declare to you that the French consular tribunals in China will, from today's date, assure the protection of Russian trademarks (i.e., marques russes de fabrique et de commerce), duly registered in France, which may be infringed by French nationals (i.e., ressortissants français), and that for this purpose they will take jurisdiction of all claims that may be presented to them in such cases by Russian subjects.

Accept, etc.

*Translation from the French text as printed in Izviestia, 1914, vol. I, p. 6.

The note referred to was identical, mutatis mutandis, with that addressed to the British Minister on October 16/29, 1906 (No. 1906/8, ante).

NUMBER 1906/10.

JAPAN AND CHINA.

Agreement for the rendition of the Port of Ying-k'ou (Port of Newchwang).‡— December 5, 1906.§

In accordance with the Four Articles agreed upon by the Governments of China and Japan at Peking in the month of October last, || providing for the return of Ying-k'ou by Japan to the control of China, the two Governments mentioned have now appointed representatives, who have met at Ying-k'ou and have agreed upon the following:

1. Whereas Article I of the Peking Memorandum provides that previous to the withdrawal of the Japanese Military forces regulations relating to quarantine inspection (or public health) at Ying-k'ou shall be adopted by the Chinese local authorities in consultation with the Japanese Consul, now, therefore, we, representatives of the two Governments concerned, have agreed that, for the time being, such matters shall be dealt with under the regulations adopted by the Japanese military authorities, and that afterwards, should occasion arise requiring their modification, the Chinese local authorities may of their own authority take such action as may be needed.

2. Whereas Article II of the Peking Memorandum provides that all public works begun during the military occupation, or for which arrangements were made at that time shall be taken over by the local authorities, or by them allowed

Translation from the Chinese text.

In connection with this agreement see also the treaty between Japan and China, December 22, 1905 (No. 1905/18, ante).

§ Signed at Newchwang.

The Chinese text reads "Japanese calendar 10th month (i.e., October); Chinese calendar 9th moon (i. e., 18th October-15th November)." The Peking Agreement referred to was signed November 9th, 1906, between the Wai Wu Pu and Mr. Hayashi, Minister of Japan, in terms of which the following is a translation:

Agreement in regard to Rendition of Yingkow, November 9, 1906.

"(1) Previous to the withdrawal of the Japanese troops from Ying-k'ou (Port of Newchwang) all regulations relating to quarantine inspection and the prevention of epidemics must be determined by the local authorities in consultation with the Japanese Consul.

"(2) All public works begun during the period of military occupation or arranged for but not yet begun must be taken over and completed by the local authorities, or the latter must allow the Japanese to complete them.

66

(3) All matters relating to police and sanitation shall be under the control of the Chinese local authorities, who shall administer them in a thoroughly efficient manner so as to secure the general welfare. To this end, Japanese Police Inspectors and Medical Officers are also to be employed. Should the administration be unsatisfactory in any particular the Japanese Consul may make representations to the local authorities, who shall advise with him and take such action as the circumstances may require.

(4) Both the Native Customs and the Imperial Maritime Customs shall be under the control of the Customs Taot'ai. The Chinese Government shall for the present deposit all receipts from both Customs with the Yokohama Specie Bank, but hereafter, as soon as the Bank of the Board of Finance shall have established its branch, these receipts shall be deposited with both banks."

to be undertaken by the Japanese, we now find that the Japanese military authorities have granted permission to a joint stock company to establish water works, electric tramways, an electric light plant, and a telephone system at Ying-k'ou, and we, representatives of the two Powers concerned, have agreed that the said company may undertake the water works, electric tramways, and electric lighting, but that it will be necessary first to send the Regulations adopted by the company to Peking to be filed with the Board(s) concerned, and, if it shall appear necessary to the said Board (s) so to do, to be altered, or to have additions made. to them, or excisions from them; and the said company agrees to comply accordingly.

As for the telephone system, it should be taken over by the Imperial Chinese Telegraph Service, and be operated by it, and the said Telegraph Service and the company shall each appoint a representative to examine the telephone property, as already established in Ying-k'ou, and estimate the price at which it shall be bought. If these representatives fail to agree upon a price, the said Telegraph Service and the company shall together select a disinterested arbitrator to determine the same, whose decision shall be accepted by both parties.

As to the abattoir, it shall be taken charge of by the Health Office, and the manner of fixing the price at which it shall be bought shall be similar to that adopted in the case of the purchase of the telephone system by the Telegraph Service.

The light railway extending from Ying-k'ou to Niuchia-t'un shall be taken up as soon as the electric tramway is completed. All works of public utility undertaken by the Japanese military authorities, or arranged for but not yet begun, the Chinese local authorities agree to take over and complete as planned.

3. Whereas it is provided in Article III of the Peking Memorandum that matters affecting police administration and public health shall be under the control of the Chinese local authorities; that the management thereof shall be most efficient so as to secure public safety; that Japanese police instructors and physicians shall be employed in the administration, and that, if any cause of dissatisfaction should arise, the Japanese Consul may notify the local authorities who shall consult with him and take the necessary action; now we, representatives of the two Governments concerned, have agreed that in the employment of Japanese police instructors and physicians the same regulations shall be adopted as in the case of the Japanese police instructors and physicians employed in Tientsin, except in the matter of salaries; and, if hereafter dissatisfaction should occur in the administration of police affairs, immediately upon a notification to that effect from the Japanese Consul the local authorities shall consult with him. and take such action as may be needed.

4. No suits at law decided during the military occupation shall be reopened by the Chinese local authorities. The records in all such cases, and other documents connected with them, shall be delivered by the military government to the Chinese local authorities for filing. The military government shall also make copies of all such records and deposit the same at the Japanese Consulate at Ying-k'ou.

5. Whereas it is provided in Article 4 of the Peking Memorandum that