XXXV.

Any British merchant-vessel arriving at one of the open ports shall be at liberty to engage the services of a pilot to take her into port. In like manner, after she has discharged all legal dues and duties, and is ready to take her departure, she shall be allowed to select a pilot to conduct her out of port.

XXXVI.

Whenever a British merchant-vessel shall arrive off one of the open ports, the Superintendent of Customs shall depute one or more Customs officers to guard the ship. They shall either live in a boat of their own, or stay on board the ship, as may best suit their convenience. Their food and expenses shall be supplied them from the Custom House, and they shall not be entitled to any fees whatever from the master or consignee. Should they violate this regulation, they shall be punished proportionately to the amount exacted.

XXXVII.

Within twenty-four hours after arrival, the ship's papers, bills of lading, &c., shall be lodged in the hands of the Consul, who will, in a further period of twenty-four hours, report to the Superintendent of Customs the name of the ship, her register tonnage, and the nature of her cargo. If, owing to neglect on the part of the master, the above rule is not complied with within forty-eight hours of the ship's arrival, he shall be liable to a fine of fifty taels for every day's delay. The total amount of penalty, however, shall not exceed two hundred taels.

The master will be responsible for the correctness of the manifest, which shall contain a full and true account of the particulars of the cargo on board. For presenting a false manifest he will subject himself to a fine of five hundred taels; but he will be allowed to correct, within twenty-four hours after delivery of it to the Custom's officers, any mistake he may discover in his manifest, without incurring this penalty.

XXXVIII.

After receiving from the Consul the report in due form, the Superintendent of Customs shall grant the vessel a permit to open hatches. If the master shall open hatches and begin to discharge any goods without such permission, he shall be fined five hundred taels, and the goods discharged shall be confiscated wholly.

Any British merchant who has cargo to land or to ship, must apply to the Superintendent of Customs for a special permit. Cargo landed or shipped without such permission will be liable to confiscation.

XL.

No transhipment from one vessel to another can be made without special permission, under pain of confiscation of the goods so transhipped.

XLI.

When all dues and duties shall have been paid, the Superintendent of Customs shall give a port-clearance, and the Consul shall then return the ship's papers, so that she may depart on her

voyage.

XLII.

With respect to articles subject, according to the tariff, to an ad valorem duty, if the British merchant cannot agree with the Chinese officer in affixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase them shall be assumed as the value of the goods.

XLIII.

Duties shall be charged upon the net weight of each article, making a deduction for the tare weight of congee, &c. To fix the tare on any article, such as tea, if the British merchant cannot agree with the Custom House officer, then each party shall choose so many chests out of every hundred, which, being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole, and upon this principle shall the tare be fixed upon all other goods and packages. If there should be any other points in dispute which cannot be settled, the British merchant may appeal to his Consul, who will communicate the particulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made within twenty-four hours, or it will not be attended to. While such points are still unsettled, the Superintendent of Customs shall postpone the insertion of the same in his books.

XLIV.

Upon all damaged goods a fair reduction of duty shall be allowed, proportionate to their deterioration. If any disputes

arise, they shall be settled in the manner pointed out in the clause of this treaty, having reference to articles which pay duty ad valorem.

XLV.

British merchants who may have imported merchandise in any of the open ports and paid the duty thereon, if they desire to reexport the same, shall be entitled to make application to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made by suitable officers, to see that the duty paid on such goods, as entered in the Custom House books, correspond with the representation made, and that the goods remain with their original marks unchanged. He shall then make a memorandum on the port-clearance of the goods and of the amount of duties paid, and deliver the same to the merchant; and shall also certify the facts to the officers of Customs of the other ports. All which being done, on the arrival in port of the vessel in which goods are laden, everything being found on examination there to correspond, she shall be permitted to break bulk and land the said goods, without being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to confiscation by the Chinese Government.

British merchants desiring to re-export duty-paid imports to a foreign country, shall be entitled, on complying with the same conditions as in the case of re-exportation to another port in China, to a drawback (certificate, which shall be a valid tender to the Customs in payment of import or export duties.

Foreign grain brought into any port of China in a British ship, if no part thereof has been landed, may be re-exported without hindrance.

XLVI.

The Chinese authorities at each port shall adopt the means they may judge most proper to prevent the revenue suffering from fraud or smuggling.

XLVII.

British merchant vessels are not entitled to resort to any other than the ports of trade declared open by this treaty. They are not unlawfully to enter other ports in China, or to carry on clandestine trade along the coasts thereof. Any vessel violating this provision shall, with her cargo, be subject to confiscation by the Chinese Government.

If any British merchant-vessel be concerned in smuggling, the goods, whatever their value or nature, shall be subject to confiscation by the Chinese authorities, and the ship may be prohibited from trading further, and sent away as soon as her accounts shall have been adjusted and paid.

XLIX.

All penalties enforced, or confiscations made, under this treaty, shall belong and be appropriated to the public service of the Government of China.

L.

All official communications addressed by the diplomatic and Consular Agents of Her Majesty the Queen to the Chinese authorities shall henceforth be written in English. They will for the present be accompanied by a Chinese version, but it is understood that, in the event of there being any difference of meaning between the English and Chinese text, the English Government will hold the sense as expressed in the English text to be the correct sense. This provision is to apply to the treaty now negotiated, the Chinese text of which has been carefully corrected by the English original.

LI.

It is agreed that henceforward the character "I" (barbarian), shall not be applied to the Government or subjects of Her Brittanic Majesty in any Chinese official document issued by the Chinese authorities, either in the capital or in the provinces.

LII.

British ships of war coming for no hostile purpose, or being engaged in the pursuit of pirates, shall be at liberty to visit all ports within the dominions of the Emperor of China, and shall receive every facility for the purchase of provisions, procuring water, and if occasion require, for the making of repairs. The commanders of such ships shall hold intercourse with the Chinese authorities on terms of equality and courtesy.

LIII.

In consideration of the injury sustained by native and foreign commerce from the prevalence of piracy in the seas of China, the high contracting parties agree to concert measures for its suppression.

U

LIV.

The British Government and its subjects are hereby confirmed in all privileges, immunities, and advantages conferred on them by previous treaties; and it is hereby expressly stipulated that the British Government and its subjects will be allowed free and equal participation in all privileges, immunities and advantages that may have been, or may be hereafter, granted by His Majesty the Emperor of China to the Government or subjects of any other nation.

LV.

In evidence of her desire for the continuance of a friendly understanding, Her Majesty the Queen of Great Britain consents to include in a separate Article, which shall be in every respect of equal validity with the articles of this treaty, the conditions affecting indemnity for expenses incurred and losses sustained in the matter of the Canton question.

LVI.

The ratifications of this treaty under the hand of Her Majesty the Queen of Great Britain and Ireland, and His Majesty the Emperor of China, respectively, shall be exchanged at Peking, within a year from this day of signature.

In token whereof, the respective plenipotentiaries have signed and sealed this treaty.

Done at Tientsin, this twenty-sixth day of June, in the year of our Lord one thousand eight hundred and fifty-eight; corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.

Separate Article concluded 26th June, 1858.

It is hereby agreed that a sum of two million of taels, on account of the losses sustained by British subjects through the misconduct of the Chinese authorities at Canton; and a further sum of two millions of taels, on account of the military expenses of the expedition, which Her Majesty the Queen has been compelled to send out for the purpose of obtaining redress, and of enforcing the due observance of treaty provisions, shall be paid to Her Majesty's representatives in China by the authorities of the Kwang-tung province.

The necessary arrangements with respect to the time and mode of effecting these payments shall be determined by Her Majesty's