putting aside further sums to reserve. No interest is to be paid on the reserve fund.

5.-There will be two Directors-in-chief, one Chinese and the other Japanese. The rest of the posts on the staff will be equally divided amongst Chinese and Japanese by the mutual consent of the two Directors-in-chief. Any enterprise concerning engineering or financial matters must receive the sanction and signatures of the two Directors-in-chief before being put into execution. The Directors-in-chief must make reports to the DirectorGeneral on each occasion. All documents and accounts will be managed by qualified officials of the Company in the most up-to-date manner possible and kept in both the Chinese and Japanese languages so that each Director-in-chief may be able to examine the contents. All the Company's affairs will be controlled and directed by the two Directors-in-chief or their representatives under the Company's seal, and under the signatures of the two Directors-in-chief. Chinese dates will be used in book-keeping and the paying out of dividends.

6.-The Company will be considered formally constituted on the day the Chinese Government shall register it.

7. After the formation of the Company, when it is considered necessary by the two Directors-in-chief to increase the capital or to contract loans, the shareholders will be consulted. Then the shareholders of each nationality will be responsible for half the amount. Loans may not be contracted from persons of any nationality other than Chinese and Japanese. The Company's properties will not be mortgaged unless there be urgent necessity for loans. The shareholders may not sell their shares without the Company's consent. Only Chinese workmen will be employed in the mines.

8.-The term of this agreement is thirty years, beginning on the day the Company is registered by the Chinese Government. At expiration of this Agreement the Company will enter into voluntary_liquidation. The Chinese Government will then return the mineshare certificates to the Company and in return take back the mining area. The Company will as quickly as possible sell off its movable property, rails, mine-timbers and buildings at a fair price. The shareholders of each nationality will take one-half of the proceeds of sale and of the reserve fund. At this time all share certificates will be returned and cancelled unless by mutual consent this agreement is renewed. After expiration of this agreement, should the Chinese Government desire to carry on the undertaking by itself it can do so by taking back the mining area and paying adequate compensation for the movable property, rails, mine timbers and buildings.

9. For every long ton of coal produced the Company will pay likin of .06 K'u p'ing tael of sycee silver and a tax of 10 K'u p'ing tael of sycee silver. For the mining area the Company will pay 2 K'u p'ing tael of sycee silver for each mow occupied. As export tax the Company shall pay 1 K'u p'ing tael of silver as customs duty. In case, however, the Chinese shall concede any lower rate of taxation to any Sino-Foreign company in the future, this Company may demand the same rate. When the new mining laws are promulgated by the Board of Agriculture, Industry and Commerce, the Government may, through the Governor of Manchuria, order the Company to alter this Agreement in order to comply with the new laws.

10. All the materials needed and purchased by the Company will be exempted from likin, but must pay the usual taxes to the maritime customs.

11.-In consideration of the capital spent on the mine by Messrs. Okura & Company, in 1905 and 1909, the Company will take over all the property, including engines, buildings, construction and warehouse goods, etc., at a valuation of 1,000,000 dollars, which will be the Japanese capital. Messrs. Okura & Company will make a clear return of all the proceeds from sale of coal produced within that period. The Company will repay all the money spent by Messrs. Okura & Company, between the third moon and the formation of the Company, on new machinery, etc., and this machinery, etc., will be handed to the Company. Messrs. Okura & Company will hand in all proceeds from the sale of the coal produced within the period, and the coal at surface or in store will be handed to the Company without claim for any payment thereon.

12. After the formation of the Company official surveyors will be despatched to make a surface survey of the concession, so as to fix its boundaries. The map will be sent to the Company as the official survey. If during the Company's mining operations any ancient objects of art be found these will be handed to the Chinese Government.

13. Should the Company be in need of any land a fixed price will be paid as its rent. In case it be found necessary to pull down any buildings, or to remove any tombs, the case will be laid before the local official, who will notify the landowner of the fact, but the Company must pay fair compensation.

14. After signing this agreement, the Director-General will, within three months, instruct a representative to draft a set of the Company's Regulations together with Messrs. Okura & Company, preparatory to the operation of the Company. This set of articles will be handed to the Director-General for perusal and for forwarding to the Governor.

15. This Agreement will be drawn up in Chinese and Japanese. In case of dispute the Chinese version will be held to rule. There will be five copies of this Agreement: One

copy will be kept at the Governor's Yamen, one at the Bureau of Foreign Affairs, one by Messrs. Okura & Company, one at the Company's Office, and one at the Japanese Consulate. Dated May 22, 1910.

Signatures:

HAN KUO CHUN,

Commissioner of Foreign Affairs. HSIAO CHIH CHANG TSAO,

Japanese Consul.

OKURA & COMPANY.

Note 4.

An agreement for the extension of the Peking-Mukden Line was sigued at Mukden, September 2, 1911: the following is a translation from the Chinese text:

Agreement for Extension of Peking-Mukden Railway into Mukden, September 2, 1911.

"In the 5th clause of the agreement concluded in Peking between the Chinese and Japanese Governments on the 20th day of the 7th moon, 1st year of Hsuan T'ung, i.e., the 4th day of September, 42nd year of Meiji (1909), the Mukden station of the PekingFengtien (ie., Mukden) Railway Administration is to be removed to a location near the city wall. Arrangements have now been made between the representatives of the two Powers as follows:

"1.-The Japanese Government agrees to order the South Manchuria Railway Company to raise an embankment and build a bridge over the extension of the Peking-Fengtien Line at the point of intersection of these two lines.

"The extended line will follow the red dotted lines on plan (No. 1). The proposed station must be built within one mile to the north of the Small West Convenient Gate.

"2.-The Chinese Government agrees to order the Peking-Fengtien Railway Administration to build a line between their proposed station at Fengtien and the present station of the South Manchuria Railway Company, in order that the two lines may make good connections and for the convenience of extending traffic.

"3.-The extension line and the connecting line are to be built according to the plan specified in the estimate. But the line provided for in Article 2, which is within the South Manchuria Railway Company's area, will be built and supervised by the South Manchuria Railway Company, while outside of the said area the connecting line will be built and supervised by the Peking-Fengtien Railway Administration.

"4.-The Japanese Government agrees to order the South Manchuria Railway Company to act in accordance with the plan (No. 2) to raise an embankment and build a bridge. This will necessitate the construction of a temporary track. The expenses thus incurred will amount to yen 24,000 and are to be paid by the Peking-Fengtien Railway Administration to the South Manchuria Railway Company when the construction is completed.

"5.-The construction specified in clauses three and four must be completed within three months from the date of the signing of the agreement.

"6.-Any of the trains of the Peking-Fengtien Railway arriving at Mukden (such as through and express trains), which make connections with the South Manchuria Railway Company's line, must first proceed to the South Manchuria Railway station and then to the City Wall station by the connecting line. Any trains leaving the City Wall station which connect with trains of the South Manchuria Railway Company will proceed to the South Manchuria Railway Company's station over the connecting line. This does not apply to special trains and freight trains which do not need to make connections with the trains of the South Manchuria Railway.

"7.-With regard to the operation of the connecting trains, together with signals, etc. the former agreement between the South Manchuria Railway Company and the PekingFengtien Railway Administration concerning the connecting service is to be adhered to. Any changes made in the future must be made by mutual agreement.

"8.-The former agreement concerning the connecting service between the South Manchuria Railway and the Peking-Fengtien Railway is in no wise affected by the present agreement. This agreement is drawn up in Japanese and Chinese in quadruplicate and held by the Ministry of Posts and Communications, Foreign Office of Mukden, Japanese Consulate General at Mukden, and the South Manchuria Railway Company. "Signed on the 2nd day of September of the 44th year of Meiji (1911) by

"HSU T'ING LING, "Commissioner for Foreign Affairs. "HSUAN TO YU,

"Engineer of the Ministry of Posts and Communications.

"C. KOIKE,

NUMBER 1909/10.

JAPAN AND CHINA.

Agreement relating to the Chientao region.*-September 4, 1909.

The Imperial Government of Japan and the Imperial Government of China, desiring to secure for Chinese and Korean inhabitants in the frontier regions the blessings of permanent peace and tranquility, and considering it essential in the attainment of such desire that the two Governments should, in view of their relations of cordial friendship and good neighborhood, recognize the River Tumen as forming the boundary between China and Korea, and should adjust all matters relating thereto in a spirit of mutual accommodation, have agreed upon the following stipulations:

ART. 1.-The Governments of Japan and China declare that the River Tumen is recognized as forming the boundary between China and Korea and that in the region of the source of that river the boundary line shall start from the boundary monument and thence follow the course of the stream Shihyishwei.

ART. 2.-The Government of China shall, as soon as possible after the signing of the present agreement, open the following places to the residence and trade of foreigners, and the Government of Japan may there establish consulates or branch offices of consulates. The date of the opening of such places shall be separately determined: Lungchingtsun; Chutszchie; Toutaokou; Paitsaokou.†

ART. 3.-The Government of China recognizes the residence of Korean subjects, as heretofore, on agricultural lands lying north of the River Tumen. The limits of the district for such residence are shown in the annexed map.

ART. 4.-The Korean subjects residing on agricultural lands within the mixed residence district to the north of the River Tumen shall submit to the laws of China, and shall be amenable to the jurisdiction of the Chinese local officials. Such Korean subjects shall be accorded by the Chinese authorities equal treatment with Chinese subjects, and similarly, in the matter of taxation and all other administrative measures, they shall be placed on equal footing with Chinese subjects. All cases, whether civil or criminal, relating to such Korean subjects shall be heard and decided by the Chinese authorities in accordance with the laws of China, and in a just and equitable manner. A Japanese consular officer or an official duly authorized by him shall be allowed freely to attend the court, and in the hearing of important cases concerning the lives of persons, previous notice is to be given to the Japanese consular officers. When

Printed

*Translation from the Japanese text, as printed in For. Rel., 1909, p. 119. also in Am. Int. Law Journal, Supplement, 1910, p. 132. Translation from Chinese text printed in Customs, vol. II, p. 768.

See Note to this document, post, p. 797.

The Chinese Government later fixed on November 2, 1909, as the date for the opening of all these ports.

ever the Japanese consular officers find that a decision has been given in disregard of law, they shall have right to apply to the Chinese authorities for a new trial to be conducted by officials specially selected in order to assure justice of the decision.

ART 5.-The Government of China engages that land and buildings owned by Korean subjects in the mixed residence district to the north of the River Tumen shall be fully protected equally with the properties of Chinese subjects. Ferries shall be established on the River Tumen at places properly chosen, and people on either side of the river shall be entirely at liberty to cross to the other side, it being, however, understood that persons carrying arms shall not be permitted to cross the frontier without previous official notice or passports. In respect to cereals produced in the mixed residence district, Korean subjects shall be permitted to export them out of the said district, except in time of scarcity, in which case such exportation may be prohibited. Collection of firewood and grass shall be dealt with in accordance with the practice hitherto followed.

ART. 6.-The Government of China shall undertake to extend the KirinChangchun Railway to the southern boundary of Yenchi, and to connect it at Hoiryong (Hueining) with a Korean railway, and such extension shall be effected upon the same terms as the Kirin-Changchun Railway. The date of commencing the work of the proposed extension shall be determined by the Government of China, considering the actual requirements of the situation, and upon consultation with the Government of Japan.

ART. 7.-The present agreement shall come into operation immediately upon its signature, and thereafter the Chientao branch office of the Residency General, as well as all civil and military officers attached thereto shall be withdrawn, as soon as possible, and within two months. The Government of Japan shall within two months hereafter establish its consulates at the places mentioned in Article 2.

In witness whereof, the undersigned, duly authorized by their respective Governments, have signed and sealed the present agreement in duplicate, in the Japanese and Chinese languages.

Note.

In connection with this agreement see also the detailed agreement for the KirinCh'angch'un Railway Loan, August 18, 1909 (No. 1909/7 ante): Sino-Japanese treaty and Exchanges of notes respecting South Manchuria and Eastern Inner Mongolia, May 25, 1915 (No. 1915/8, post); and Kirin-Hueining Railway Loan Agreement of June 18, 1918 (No. 1918/9, post).

As an annex to this agreement, see the following Japanese law (No. 40) relating to adjudication by consular officers in Kanto (Chientao), dated April 5, 1910, as translated from the Japanese Official Gazette of April 6, 1910:

Japanese Law relating to Adjudication by Consular Officers in Chientao, April 5, 1910.

"ARTICLE 1.-The public trial of offences liable to capital punishment, or penal servitude for life or for a limited period of at least one year, or imprisonment, the preliminary examination of which has been conducted by consular officers stationed in Kanto, shall belong to the jurisdiction of the District Courts of the Residency General [i.e., of Korea].

ARTICLE 2.-The Minister for Foreign Affairs may, if he deems it necessary in connection with a criminal case belonging to the jurisdiction of consular officers stationed in Kanto, order the consular officer concerned to deliver the accused to a prison in Korea.

ARTICLE 3.-In cases where, in accordance with the provisions of the preceding article, the accused is delivered to a prison in Korea, the Resident General shall, if the case belongs to the jurisdiction of the district courts, cause a public procurator of the Residency General Court of Appeal having jurisdiction over the locality where the prison to which the accused is delivered is located to apply to such court of appeal for the designation of jurisdiction; and, if the case belongs to the jurisdiction of the local courts, he shall cause a public procurator of the Residency General District Court having jurisdiction over the locality where the prison to which the accused is delivered is located, to apply to such district court for the designation of jurisdiction.

"In connection with the application and adjudication mentioned in the preceding paragraph, the provisions of Article 33 of the Code of criminal procedure shall be applied mutatis mutandis.

[Article 33 of Japanese Code of criminal procedure: "A person desirous of making a motion relative to the designation of the competent Court must declare his intention in writing to the Court competent to rule.

The Court must decide the motion according to the documents."]

"ARTICLE 4.-Appeals from or protests against decisions rendered by consular officers stationed in Kanto in cases subject to the jurisdiction of a district court shall belong to the jurisdiction of a Court of Appeal of the Residency General.

“ARTICLE 5.—In the cases mentioned in Articles 1 and 4, the Residency General Courts to have jurisdiction shall be determined by the Resident General.

"Supplementary Clause.

"Lawsuits and non-contentious matters accepted prior to the enforcement of this law shall be dealt with according to previous practice."

NUMBER 1909/11.

FRANCE AND JAPAN.

Convention for the reciprocal protection of trademarks, patents, designs and copyrights in China.*-September 14, 1909.

The President of the French Republic and H. M. the Emperor of Japan, desirous to secure in China the mutual protection of inventions, designs, trademarks and copyrights of their respective citizens or subjects, have resolved to conclude a convention for that purpose and have named as their plenipotentiaries, that is to say:

The President of the French Republic:

M. Auguste Gerard, Ambassador of the French Republic to His Majesty the Emperor of Japan, and

His Majesty the Emperor of Japan:

M. le Comte Komura Jutaro, Minister of Foreign Affairs.

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

ARTICLE I. The inventions, designs and trademarks, duly patented or registered by the 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 every infringement by the citizens or subjects of

* Translation from the French text.