importing vessel, the places of purchase and of production or manufacture of the goods, marks and numbers, description of the articles, number of packages, quantity, and value.

18. When a vessel wants to clear, an export manifest signed by the master of the vessel or his agent must be handed in to the customs at least two hours previous to the application for her clearance. The items to be entered in the export manifest are the same as those in the import manifest.

19.-When goods are to be exported the shipper must hand in to the customs an export application, and goods must undergo customs examination.

After examination of the goods, the applicant shall pay to the customs bank the amount of duty as stated in the duty memorandum issued by the customs. Upon production of the duty receipt at the office, the shipping permit will be issued.

20.-The clearance permit is issued only after all dues and duties have been paid. 21.-When cargo, for which a shipping permit had been issued, can not be received on board, the fact must be reported without delay to the customs. A shut-out memorandum will then be issued to the shipper.

22.-Transhipment of goods can not take place without permission from the customs. If goods are transhipped without permit, they are liable to confiscation and the master of the vessel to a fine.

22a.-Transhipment of goods can not take place unless the goods correspond to the particulars given in the manifest and the packages remain intact. [Introduced by Ordinance No. 38 of 1907.]

23. The tariffs in use in the customs are:

No. 1. (1) For foreign imports: the Revised Import Tariff of 1902.
(2) For native imports and exports: the old general tariff for the
trade of China.

No. 2.

In case special tariffs are to be adopted for goods exported or imported by junk, a separate notification shall be issued.

[Added by Ordinance No. 27 of October 13, 1914.]

24. In cases of appeal against fines and confiscation ordered by the Commissioner of Customs, the procedure followed will be in accordance with the spirit of the "Rules for Joint Investigation in Cases of Confiscation and Fine by the Custom House Authorities, Peking, 31 May, 1868."

25. The custom house is open for transaction of business from 9 a.m. to 4 p.m., Sundays and holidays excepted.

Examination offices will be open from 8 a.m. to 4 p.m.

26.-Loading or discharging cargo before 6 o'clock a.m. and after 6 o'clock p.m., or Sundays or holidays is not allowed unless a special permit is obtained from the customs. This, however, does not apply to passengers' baggage or mail matter. The fees on such permit are:

For working before 6 a.m.

.H.K. Tls. 10

from 6 p.m. to 12 p.m.
from 6 p.m. to 6 a.m. next day

66

Sunday (whole day)

(half day)

66

holiday (whole day)

40

(half day)

26a. The rate of exchange between the Haikwan Tael and the amount in currency to be paid to the Dairen customs shall be based on the Newchwang quotation.

[Introduced by Ordinance No. 42 of 1907.]

27. All business communications relating to customs matters should be addressed to the Commissioner of Customs.

ADDITIONAL RULE.

28. The term "interior" in the present regulations means any part of Chinese territory beyond the frontier of the leased territory.

[It is understood that this rule has been construed to include the treaty ports within the meaning of "interior."]

NUMBER 1907/7.

FRANCE AND JAPAN.

Agreement in regard to the continent of Asia.*-June 10, 1907.

The Government of His Majesty the Emperor of Japan and the Government of the French Republic, animated by the desire to strengthen the relations of amity existing between them, and to remove from those relations all cause of misunderstanding for the future, have decided to conclude the following Agreement:

"The Governments of Japan and France, being agreed to respect the independence and integrity of China, as well as the principle of equal treatment in that country for the commerce and subjects or citizens (i.e., ressortissants) of all nations, and having a special interest in having order and a pacific state of things guaranteed especially in the regions of the Chinese Empire adjacent to the territories where they have the rights of sovereignty, protection or occupation, engage to support each other for assuring the peace and security in those regions, with a view to maintaining the respective situation and the territorial rights of the two Contracting Parties in the Continent of Asia."

In witness whereof, the Undersigned: His Excellency Monsieur Kurino, Ambassador Extraordinary and Plenipotentiary of His Majesty the Emperor of Japan to the President of the French Republic, and His Excellency Monsieur Stephen Pichon, Senator, Minister for Foreign Affairs, authorized by their respective Governments, have signed this Agreement and have affixed thereto. their seals.

Done at Paris, the 10th of June 1907.

(L. S.)
(L. S.)

S. KURINO.
S. PICHON.

* Translation_from the French text as printed in Traités et Conventions, p. 376. Printed also in For. Rel., 1907, p. 754; Am. Int. Law Journal, Supplement, 1910, p. 313; Hertslet, p. 618.

Simultaneously with the conclusion of this agreement was signed a declaration of which the following is the translation:

Declaration regarding mutual most-favored-nation Treatment as between Japan and French Indo-China, June 10, 1907.

The two Governments of Japan and France, while reserving the negotiations for the conclusion of a Convention of Commerce in regard to the relations between Japan and French Indo-China, agree as follows:

The treatment of the most favoured nation shall be accorded to the officers and subjects of Japan in French Indo-China in all that concerns their persons and the protection of their property, and the same treatment shall be applied to the subjects and protégés of French Indo-China in the Empire of Japan, until the expiration of the Treaty of Commerce and Navigation signed between Japan and France on the 4th of August, 1896. Paris, the 10th of June, 1907.

(L. S.)
(L. S.)

S. KURINO.

S. PICHON.

NUMBER 1907/8.

DENMARK AND THE UNITED STATES.

Exchange of notes in regard to the reciprocal protection of trademarks in China.*-June 12, 1907.

MR. BRUN TO MR. ROOT.

[Translation.]

LEGATION OF DENMARK,

Washington, D. C., March 19, 1907.

MR. SECRETARY OF STATE: By order of my Government I have the honor to beg that Your Excellency will kindly let me know whether the Government of the United States would be disposed to conclude an arrangement with the Government of the King for the reciprocal protection in China of the trade-marks of the citizens of our two countries when the said trade-marks are duly registered in the country of the infringer.

Should the Government of the United States be disposed to conclude such an arrangement, the King's Government would take the necessary measures to have Danish subjects who would infringe in China an American trade-mark duly registered in Denmark, brought before the Danish Consular Court at Shanghai and eventually punished in accordance with the provisions of the law of Denmark.

The Government of the King would expect the Government of the United States to take similar measures in regard to American citizens who might violate in China the privilege of a Danish subject whose trade-mark is duly registered in the United States.

I am authorized to add that my Government would be very glad if such an arrangement could be effected by means of an exchange of notes between Your Excellency and me.

Hoping that Your Excellency will see no objection to assenting to this proposal of my Government, I beg you to accept, Mr. Secretary of State, the renewed assurance of my high consideration.

MR. ROOT TO MR. BRUN.

C. BRUN.

No. 671.]

DEPARTMENT of State, Washington, March 25, 1907.

SIR: I have the honor to acknowledge the receipt of your note of the 19th instant, in which, by order of your Government, you inquire whether the Government of the United States would be disposed to conclude with that of Denmark

*Texts (and translations) as printed in Malloy, p. 399.

an arrangement by an exchange of actes for the reciprocal protection in Chica of trade-marka of the stizens of ather country from infringement by citizens of the other when the said trade-marks are duly registered in the country of the ninger

By this agreement Canish subjects minnging in China an American trademark buy registered in Denmark vond you state, be brought before the Danish Consular Court at Shanghai and eventually punished in accordance with the proensions of the law of Denmark, and the Government of the King would expect the Goverment of the United States to take similar measure in regard to American itizens v to might nolate in China the privilege of a Danish subject whose trademark is duly registered in the United States.

The agreement proposed by your Government is in line with the agreements which have been effected by exchange of notes between the Minister of the United States at Peking and the diplomatic representatives there of certain other

It is to be pointed out, however, that in view of the fact that there is no statute in the United States making the infongement-counterfeiting, etc., of a trade-mark-a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trade-mark, the word "punishment" is to be understood, with respect to the United States, to refer to a civil action only and not to a criminal procedure.

If this explanation, which has been made in the case of each of the agreements mentioned above, is satisfactory to your Government, I shall be pleased to make the exchange of notes with you.

Accept, Mr. Minister, the renewed assurances of my highest consideration. ELIHU ROOT.

MR. SECRETARY OF STATE: Referring to note No. 671, which Your Excellency had the kindness to address to the legation on March 25 last, I have the honor, by order of my Government, to inform you that the necessary instructions have been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly deposited in Denmark, against violations by Danish subjects in China, to the same extent as Danish marks of the same nature are protected.

The law which the Danish court at Shanghai is called upon to enforce in the premises is the Danish law of April 11, 1890, amended by the law of December 19, 1898, and the ordinances of September 28, 1894, and September 12, 1902.

Hoping to receive a note informing me that the diplomatic and consular officers of the United States in the Middle Kingdom have had the necessary instructions sent to them in order to insure reciprocity by granting the protection of the United States Consular Courts in China to Danish subjects against Ameri

can citizens who have counterfeited Danish trade-marks regularly deposited in the United States, I beg of you, Mr. Secretary of State, to accept the renewed assurance of my highest consideration.

J. CLAN.

No. 694.]

MR. ROOT TO MR. CLAN.

DEPARTMENT OF STATE, Washington, June 12, 1907.

SIR: I have the honor to acknowledge the receipt of your note of the 27th ultimo by which you inform me that in pursuance of the understanding reached by the correspondence which passed between the Danish legation and the Department of State on March 19 and 25, 1907, the necessary instructions have been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly deposited in Denmark, against violations by Danish subjects in China, to the same extent as Danish marks of the nature are protected.

As a completion of the exchange of notes to give the said understanding effect, I have the honor to inform you that, on the part of the United States, the Minister of the United States at Peking has this day been instructed to inform the consular officers of the United States in China that hereafter trade-marks of Danish subjects, which have been duly registered in the United States, are to be protected against infringement by such persons as come under the jurisdiction of the United States Consular Courts in China.

Accept, sir, the renewed assurances of my high consideration.

ELIHU ROOT.

NUMBER 1907/9.

JAPAN AND RUSSIA.

Provisional convention (with additional articles and protocol) concerning the junction of the Japanese and Russian Railways in Manchuria.*-June 13, 1907.

The Imperial Government of Japan and the Imperial Government of Russia, having resolved to conclude a Convention concerning the connexion of the Japanese and the Russian Railways in Manchuria, in conformity with the provisions of Article VIII of the Treaty of Peace signed at Portsmouth on Sep

* Translations from French text as printed in Traités et Conventions, 577. French texts printed also in the Russian Yellow-Book, Négociations entre la Russie et le Japon relatives à la Division de la Station de Kouan-tchen-tsy et à la Conclusion d'une Convention Provisoire concernant le Service de Raccordement des Chemins de Fer Russes et Japonais en Manchourie, 1906-07 (St. Petersburg; 1907); Hertslet, 1199.