ever kind, that relate to the affairs of the State, require the countersignature of a Minister of State.

ARTICLE LVI.-The Privy Council shall, in accordance with the provisions for the organization of the Privy Council, deliberate upon important matters of State, when they have been consulted by the Emperor.

CHAPTER V.-THE JUDICATURE

ARTICLE LVII.-The Judicature shall be exercised by the Courts of Law according to law, in the name of the Emperor.

The organization of the Courts of Law shall be determined by law. ARTICLE LVIII.—The judges shall be appointed from among those who possess proper qualifications according to law.

No judge shall be deprived of his position, unless by way of criminal sentence or disciplinary punishment.

ARTICLE LIX.-Trials and judgments of a Court shall be conducted publicly. When, however, there exists any fear that such publicity may be prejudicial to peace and order, or to the maintenance of public morality, the public trial may be suspended by provision of law or by the decision of the Court of Law.

ARTICLE LX. All matters that fall within the competency of a special Court shall be specially provided for by law.

ARTICLE LXI.-No suit at law, which relates to rights alleged to have been infringed by the illegal measures of the executive authorities, and which shall come within the competency of the Court of Administrative Litigation specially established by law, shall be taken cognizance of by a Court of Law.

CHAPTER VI.-FINANCE

ARTICLE LXII.-The imposition of a new tax or the modification of the rates (of an existing one) shall be determined by law.

However, all such administrative fees or other revenue having the nature of compensation shall not fall within the category of the above clause.

The raising of national loans and the contracting of other liabilities to the charge of the National Treasury, except those that are provided in the Budget, shall require the consent of the Imperial Diet.

ARTICLE LXIII.-The taxes levied at present shall, in so far as are not remodelled by new law, be collected according to the old system.

ARTICLE LXIV.-The expenditure and revenue of the State require the consent of the Imperial Diet by means of an annual Budget.

Any and all expenditures overpassing the appropriations set forth in the Titles and Paragraphs of the Budget, or that are not provided for in the Budget, shall subsequently require the approbation of the Imperial Diet.

ARTICLE LXV.-The Budget shall be first laid before the House of Representatives.

ARTICLE LXVI.-The expenditures of the Imperial House shall be defrayed every year out of the National Treasury, according to the present fixed amount for the same, and shall not require the consent thereto of the Imperial Diet, except in case an increase thereof is found necessary.

ARTICLE LXVII.-Those already fixed expenditures based by the Constitution upon the powers appertaining to the Emperor, and such expenditures as may have arisen by the effect of law, or that appertain to the legal obligations of the Government, shall be neither rejected nor reduced by the Imperial Diet, without the concurrence of the Government.

ARTICLE LXVIII.-In order to meet special requirements, the Government may ask the consent of the Imperial Diet to a certain amount as a Continuing Expenditure Fund, for a previously fixed number of years.

Article LXIX.-In order to supply deficiencies, which are unavoidable, in the Budget, and to meet requirements unprovided for in the same, a Reserve Fund shall be provided in the Budget.

ARTICLE LXX.-When the Imperial Diet cannot be convoked, owing to the external or internal condition of the country, in case of urgent need for the maintenance of public safety, the Government may take all necessary financial measures, by means of an Imperial Ordinance.

In the case mentioned in the preceding clause, the matter shall be submitted to the Imperial Diet at its next session, and its approbation shall be obtained thereto.

ARTICLE LXXI.-When the Imperial Diet has not voted on the Budget, or when the Budget has not been brought into actual existence, the Government shall carry out the Budget of the preceding year.

ARTICLE LXXII.-The final account of the expenditures and

revenue of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the Imperial Diet, together with the report of verification of the said Board. The organization and competency of the Board of Audit shall be determined by laws separately.

CHAPTER VII.-SUPPLEMENTARY RULES

ARTICLE LXXIII.-When it has become necessary in future to amend the provisions of the present Constitution, a project to that effect shall be submitted to the Imperial Diet by Imperial Order.

In the above case, neither House can open the debate, unless at least two-thirds of the whole number of Members are present, and no amendment can be passed, unless a majority of at least two-thirds of the Members present is obtained.

ARTICLE LXXIV.-No modification of the Imperial House Law shall be required to be submitted to the deliberation of the Imperial Diet.

No provision of the present Constitution can be modified by the Imperial House Law.

ARTICLE LXXV.-No modification can be introduced into the Constitution, or into the Imperial House Law, during the time of a Regency.

ARTICLE LXXVI.-Existing legal enactments, such as laws, regulations, Ordinances, or by whatever names they may be called, shall, so far as they do not conflict with the present Constitution, continue in force.

All existing contracts or orders, that entail obligations upon the Government, and that are connected with expenditure, shall come within the scope of Art. LXVII.

II. IMPERIAL ORDINANCE CONCERNING THE HOUSE

OF PEERS

We, in accordance with the express provision of the Constitution of the Empire of Japan, hereby promulgate, with the advice of Our Privy Council, the present Ordinance concerning the House of Peers; as to the date of its being carried out, We shall issue a special order. [His Imperial Majesty's Sign-Manual] [Privy Seal.]

The 11th day of the 2nd month of the 22nd year of Meiji [Febru

ary 11, 1889].

[Countersigned by the Ministers.]

ARTICLE I.-The House of Peers shall be composed of the following Members.

1. The members of the Imperial Family.

2. Princes and Marquises.

3. Counts, Viscounts, and Barons who have been elected thereto by the members of their respective orders.

4. Persons who have been elected, one Member for each Fu (City) and Ken (Prefecture), by and from among the taxpayers of the highest amount of direct national taxes on land, industry or trade therein, and who have afterwards been nominated thereto by the Emperor.

ARTICLE II.-The male members of the Imperial Family shall take seats in the House on reaching their majority.

ARTICLE III.The members of the orders of Princes and Marquises shall become Members on reaching the age of full twenty-five

years.

ARTICLE IV.—The members of the orders of Counts, Viscounts and Barons, that after reaching the age of full twenty-five years have been elected by the members of their respective orders, shall become Members for a term of seven years. Rules for their election shall be specially determined by Imperial Ordinance.

The number of Members mentioned in the preceding clause shall not exceed one-fifth of the entire number of the respective orders of Counts, Viscounts and Barons.

ARTICLE V.-Any man of above the age of full thirty years, who has been nominated Member by the Emperor for meritorious services to the State or for erudition, shall be a life Member.

ARTICLE VI.-One Member shall be elected in each Fu and Ken from among and by the fifteen male inhabitants thereof of above the age of full thirty years, paying therein the highest amount of direct. national taxes on land, industry, or trade. When the person thus elected receives his nomination from the Emperor, he shall become Member for a term of seven years. Rules for such election shall be specially determined by Imperial Ordinance.

ARTICLE VII.-The number of Members that have been nominated by the Emperor, for meritorious services to the State, or for erudition, or from among men paying the highest amount of direct national taxes on land, industry, or trade in each Fu or Ken, shall not exceed the number of the Members having the title of nobility.

ARTICLE VIII.-The House of Peers shall, when consulted by the Emperor, pass vote upon rules concerning the privileges of the nobility.

ARTICLE IX.-The House of Peers decides upon the qualification of its Members and upon disputes concerning elections thereto. The rules for these decisions shall be resolved upon by the House of Peers and submitted to the Emperor for His Sanction.

ARTICLE X.-When a Member has been sentenced to confinement, or to any severer punishment, or has been declared bankrupt, he shall be expelled by Imperial Order.

With respect to the expulsion of a Member, as a disciplinary punishment in the House of Peers, the President shall report the facts to the Emperor for His decision.

Any Member that has been expelled shall be incapable of again becoming a Member, unless permission so to do has been granted by the Emperor.

ARTICLE XI.-The President and Vice-President shall be nominated by the Emperor, from among the Members, for a term of seven years.

If an elected Member is nominated President or Vice-President, he shall serve in that capacity for the term of his membership.

ARTICLE XII.-Every matter, other than what provision has been made for in the present Imperial Ordinance, shall be dealt with according to the provisions of the Law of the Houses.

ARTICLE XIII.-When in the future any amendment or addition is to be made in the provisions of the present Imperial Ordinance, the matter shall be submitted to the vote of the House of Peers.

We, with the advice of Our Privy Council, hereby give Our Sanction to the present Law of the Houses and order it to be promulgated, and at the same time direct that, from the day of the institution of the House of Peers and of the House of Representatives, all affairs connected with either the one or the other of them, be conducted in accordance with the present Law.

[His Imperial Majesty's Sign-Manual] [Privy Seal.]

The 11th day of the 2nd month of the 22nd year of Meiji [Febru

ary 11, 1889].