"14.-As regards the taxes on the timber cut by the Company they must be paid in accordance with the old Shan-chia-Ko' tariff but with a twenty per cent reduction. The Company has nothing to do with the boat tax as levied under former conditions. Other charges such as inspection of timber, police protection and similar taxes are altogether remitted. If timber is exported by steamer the export duty in accordance with the Customs Tariff will be paid as a substitute for the boat tax. Payment of the Shan-chia-Ko' tax in accordance with precedent will be made by the Company at the time of the sale of the timber. The business of the Company, its receipts, implements used in cutting logs, etc., will be free from taxation. The local land tax must, however, continue to be paid, in accordance with former regulations.

"15.-The Chekiang Railway Company may contract for, and buy timber needed by them from lumber merchants, but a document must be given by the said Company_stating the particulars of all such timber which must be presented to the Taotai of the Eastern Frontier and sealed by him. At the time of the export of any such consignment_the Superintendent of the Company will depute an officer to inspect the lumber before releasing it.

"16.-With the exception of the wood required for their own needs, the settlers on either bank of the Hun river must sell their timber exclusively to the Company. It has already been provided in the Peking Agreement that the local authorities must issue a proclamation to this effect. Hereafter, if there should be any violation of the Peking Agreement, the Company will inform the local authorities who shall take measures to punish the offenders without leniency.

"17.-The Company will undertake the responsibility of making suitable arrangements for the supervision of rafting logs-such arrangements must be decided upon by the two Chief Managers conjointly, and submitted to the Superintendent for his approval.

46

'(b) The Timber companies now in existence must at the time of the establishment of this Company be dissolved and the local authorities shall issue proclamations to this effect.

"18. In accordance with the Peking Agreement the Company may cut timber on the right bank of the Yalu from Maoerhshan as far as the 24th tributary within a distance of sixty (60) Chinese li on either side of the main said stream. The two Governments will appoint officers who will conjointly make a survey map and mark on it the extent of such concession.

"19.-The Company must investigate the conditions of the forests to be cut down, the order in which the trees are to be cut, the extent of the district in which cutting will take place in each year, and the nature of the trees, must be shown on a map and reported for the approval of the Viceroy and Governor.

"20.-Chinese laborers only must be employed by the Company in cutting and moving timber and in constructing and navigating rafts, so as to help the inhabitants of the district in their livelihood. In the event of the engagement of a person of any other nationality, the consent of the superintendent must be obtained.

66

21.-Although the timber business is to be conducted by the Company, Chinese timber brokers may continue their business as heretofore but at the proper time they must make satisfactory arrangements with the Company.

“SUPPLEMENTARY AGREEMENT

"1.-The Chinese Dollars mentioned in Clause 4 of the main Agreement are Peiyang Dollars. Hereafter, should the Manchurian dollar obtain a stable circulation the change from Peiyang to Manchurian dollars will be discussed.

(b) The original capital may be subscribed in Taels to be converted into Peiyang Dollars at the current rate of the day of the inauguration of the Company.

"2. In accordance with Article VI of the Peking Agreement timber required by the Chinese Government or Chinese yamens or offices will be furnished by the Company at the cost of labor plus the duty. The Company may charge in addition the amount of the wages of its employees.

"3.-The initial outlay for the establishment of the Company not exceeding $70,000 will be temporarily advanced by the two Governments.

"4.-Requests to the banks for providing money, will be signed jointly by the two Chief

Managers.

"5.-China will make necessary arrangements for any police work required by the Company. "6.-The above arrangements are provisional but when the Company is turned into a mercantile association, if found satisfactory they may be continued.

(b) At the time of handing over the Company to the merchants the question as to which officials in the employ of the Company are to be retained and which dropped will be continued.

"(Signed and sealed 11th September, 1908.) "

NUMBER 1908/9.

JAPAN AND THE UNITED STATES.

Convention for the reciprocal protection of inventions, designs, trademarks and copyrights in China.*-May 19, 1908.

The President of the United States of America and His Majesty the Emperor of Japan being desirous to secure in China reciprocal protection for the inventions, designs, trade marks and copyrights of their respective citizens and subjects have resolved to conclude a convention for that purpose and have named as their Plenipotentiaries, that is to say:

The President of the United States of America, Robert Bacon, Acting Secretary of State of the United States; and

His Majesty the Emperor of Japan, Baron Kogoro Takahira, Shosammi, Grand Cordon of the Imperial Order of the Rising Sun, His Ambassador Extraordinary and Plenipotentiary to the United States of America;

Who, after having communicated to each other their Full Powers, found to be in good and due form, have agreed upon and concluded the following articles:

ARTICLE I.-Inventions, designs and trade marks duly patented or registered by citizens or subjects of one High Contracting Party in the appropriate office of the other Contracting Party shall have in all parts of China the same protection against infringement by citizens or subjects of such other Contracting Party as in the dominions and possessions of such other Contracting Party.

ARTICLE II.-The citizens or subjects of each of the two High Contracting Parties shall enjoy in China the protection of copyright for their works of literature and art as well as photographs to the same extent as they are protected in the dominions and possessions of the other party.

ARTICLE III.-In case of infringement in China by a citizen or subject of one of the two High Contracting Parties of any invention, design, trade mark or copyright entitled to protection in virtue of this convention the aggrieved party shall have in the competent territorial or consular courts of such Contracting Party the same rights and remedies as citizens or subjects of such Contracting Party.

ARTICLE IV. Each High Contracting Party engages to extend to the citizens or subjects of the other Contracting Party the same treatment in China in the matter of protection of their commercial names as they enjoy in the dominions. and possessions of such Contracting Party under the convention for the protection of industrial property signed at Paris March 20, 1883. "Hong" marks shall be considered to be commercial names for the purpose of this convention.

ARTICLE V.-Citizens of possessions belonging to the United States and

* Text as printed in U. S. Treaty Series, No. 507. Printed also in Malloy, p. 1043; Am. Int. Law Journal, Supplement, 1908, p. 353; Traités et Conventions, Supplement, p. iv.

subjects of Korea shall have in China the same treatment under the present convention as citizens of the United States and subjects of Japan respectively.

ARTICLE VI.-It is mutually agreed between the High Contracting Parties that the present convention shall be enforced so far as applicable in any other country in which either Contracting Party may exercise extraterritorial jurisdiction.

All rights growing out of the present convention shall be recognized in the insular and other possessions and leased territories of the High Contracting Parties and all legal remedies provided for the protection of such rights shall be duly enforced by the competent courts.

ARTICLE VII.-Any person amenable to the provisions of this convention who possesses at the time the present convention comes into force merchandise bearing an imitation of a trade mark owned by another person and entitled to protection under said convention shall remove or cancel such false trade mark or withdraw such merchandise from market in China within six months from the date of the enforcement of this convention.

ARTICLE VIII.-Unauthorized reproductions by the citizens or subjects of one High Contracting Party prior to the operation of this convention of the works of literature and art as well as photographs of the citizens or subjects of the other Contracting Party published after the 10th day of May, 1906, and entitled to protection in virtue of this convention shall be withdrawn from sale or circulation in China within one year from the date of the enforcement of this convention.

ARTICLE IX. The present convention shall be ratified and the ratifications thereof shall be exchanged at Tokyo as soon as possible. It shall come into force together with the convention relative to the protection of inventions, designs, trade marks and copyrights in Korea, ten days after such exchange of ratifications.

In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate and have thereunto affixed their seals.

Done at the City of Washington the 19th day of May in the nineteen hundred and eighth year of the Christian era corresponding to the 19th day of the 5th month of the 41st year of Meiji.

ROBERT BACON
K. TAKAHIRA

[SEAL.]

[SEAL.]

† Ratifications exchanged August 6, 1908.

NUMBER 1908/10.

INTERNATIONAL AND CHINA.

Revised regulations for arms and ammunition.*-May 30, 1908.

1°.-MILITARY ARMS AND AMMUNITION.-Before arms and ammunition are imported by any department of the Chinese Government, the particulars (denomination, number of packages, port of entry, destination, etc.) must be telegraphed to the Ministry of War (Lu-chün Pu) by the Tartar General, Viceroy, or Governor concerned, who may issue the necessary Huchao only after receipt of the Ministry's telegraphic approval. These particulars will be sent on to the Shui-wu Ch'u by the Ministry for transmission to the Superintendents and-through the Inspector General-to the Commissioners of Customs concerned. Permission to land such cargo will then be given, provided that the number of packages is found to be in agreement with the Huchao. The date of actual importation is to be reported in every instance to the Shui-wu Ch'u, for transmission to the Ministry of War.

2°-SAMPLES OF MILITARY ARMS AND AMMUNITION.-Foreign merchants desiring to import samples of arms and ammunition for exhibition to Chinese Government departments must obtain from the Superintendent of Customs, through their Consuls, a Permit to Import, upon presentation of which at the Custom House, together with the Application, permission to release will be given.

On each occasion not more than four rifles of any one kind and ammunition for same not exceeding two thousand rounds in all may be imported.

The merchant concerned is to give a bond to the Customs guaranteeing that the samples in question will not be sold to any person whatever. Such samples of arms, etc., must be produced for Customs inspection whenever demanded.

In the event of suspicious circumstances the Superintendent of Customs can refuse to issue a Permit, informing the Consul in writing of his decision.

3°-ARMS AND AMMUNITION FOR SELF-DEFENCE.-(a.) Every respectable foreigner entering China from abroad, by sea or land, may carry in his luggage for self-defence one pistol and one revolver and a supply of cartridges for the same not exceeding five hundred rounds in all, but must declare them at time of entry to the Customs, who will release them after examination. Any contravention of this provision entails confiscation of the arms, etc., not declared.

(b.) Every respectable foreign resident in China desiring to import arms and ammunition for self-defence must, previous to their importation, obtain

*Translation (from Chinese text) furnished by the Inspectorate General of Customs, as printed in the minutes of the Meeting of the diplomatic body at Peking, June 13, 1908. Printed also in Inspectorate-General's Circular No. 1520 (Second Series), May 30, 1908.

These regulations were adopted at the instance of the diplomatic body, in amendment of Rule III appended to the revised import tariff of 1902 (here printed as an annex to the American commercial treaty of October 8, 1903, No. 1903/5, ante).

See Note to this document, post, p. 740.

from the Superintendent of Customs, through his Consul, a Permit to Import, upon presentation of which at the Custom House, together with the Application, permission to release will be given. Each person is allowed to import for selfdefence, once only during any one year, one pistol, one revolver, and a supply of cartridges for same not exceeding five hundred rounds in all.

In the event of suspicious circumstances the Superintendent of Customs may refuse to issue a Permit, informing the Consul in writing of his decision.

(c.) Foreigners, duly provided with passports, proceeding as travellers to the interior of China, or to Tibet, Mongolia, Turkestan, etc., will be allowed to carry with them, declaration having been duly made, arms and ammunition for self-defence not exceeding twice the quantities fixed above.

(d.) No other arms may be imported by foreigners for self-defence under the above provisions except pistols and short-barrelled revolvers carried on the person.

The importation of any other kind of military and naval arms and ammunition is only permitted (i) if they are for use as samples and covered by a Permit to Import issued by the Superintendent of Customs, (ii) if they are imported on behalf of Chinese Government departments, military, naval, or civil, and covered by a genuine certificate which has been duly recognised by the Superintendent of Customs.

Foreigners must not fraudulently import military arms and ammunition under pretext of their being for personal use.

4°.-SPORTING ARMS AND AMMUNITION.-(a.) Every respectable foreigner entering China from abroad, by sea or land, may carry in his luggage not more than three sporting guns and a supply of cartridges for same not exceeding three thousand rounds in all, but must declare them at time of entry to the Customs, who will release them after examination and payment of duty. Any contravention of this provision entails confiscation of the guns, etc., not so declared. In the event of old guns being thus imported with fresh ammunition, both may be passed free of duty.

(b.) Every respectable foreign resident in China desiring to import sporting guns or cartridges must, previous to their importation, obtain from the Superintendent of Customs, through his Consul, a Permit to Import, upon presentation of which at the Custom House, together with the Application, permission to release will be given.

Each foreign resident is only allowed to import, once in any one year, a number of sporting guns not exceeding three and a supply of cartridges for same not exceeding three thousand rounds in all. In the event of suspicious circumstances the Superintendent of Customs can refuse to issue a Permit, informing the Consul of his decision in writing.

(c.) Respectable foreign firms are permitted to import sporting shot-guns and ammunition only, for which they must likewise obtain a Permit to Import from the Superintendent of Customs through their Consuls. At the time of importation they must also hand a bond to the Custom House guaranteeing that such articles will not be sold, directly or indirectly, to law-breakers of any kind The number of sporting guns which may be thus imported by any one firm at