Gambar halaman
PDF
ePub

ed for in the Consular Courts, and all recoveries shall be delivered to e Japanese authorities. Neither the American nor Japanese Governments are to be held sponsible for the payment of any debts contracted by their respective tizens or subjects.

1502. ARTICLE VII.

In the opened harbors of Japan Americans shall be free to go where ley please, within the following limits: At Kanagawa, the River Logo (which empties into the Bay of Yedo tween Kawasaki and Sinagawa), and (10) ten ri in another direction. At Hakodadi (10) ten ri in any direction. At Hiogo (10) ten ri in any direction, that of Kioto excepted, which ty shall not be approached nearer than (10) ten ri. The crews of vesis resorting to Hiogo shall not cross the River Enagawa, which empties ito the bay between Hiogo and Osaca. The distances shall be measred inland from Goyoso, or town hall of each of the foregoing harbors, he ri being equal to (4,275) four thousand two hundred and seventyve yards, American measure. At Nagasaki Americans may go into any part of the imperial domain a its vicinity. The boundaries of Nee-e-gata, or the place that may be ubstituted for it, shall be settled by the American Diplomatic Agent nd the Government of Japan. Americans who have been convicted of elony, or twice convicted of misdemeanors, shall not go more than (1) ne Japanese ri inland from the places of their respective residences, ind all persons so convicted shall lose their right of permanent residence n Japan, and the Japanese authorities may require them to leave the ountry.

A reasonable time shall be allowed to all such persons to settle their iffairs, and the American Consular authority shall, after an examination into the circumstances of each case, determine the time to be allowed, but such time shall not in any case exceed one year, to be calculated from the time the person shall be free to attend to his affairs.

1503. ARTICLE IX.

When requested by the American Consul, the Japanese authorities will cause the arrest of all deserters and fugitives from justice, receive in jail all persons held as prisoners by the Consul, and give to the Consul such assistance as may be required to enable him to enforce the observance of the laws by the Americans who are on land, and to maintain order among the shipping. For all such service, and for the support of prisoners kept in confinement, the Consul shall, in all cases, pay a just compensation.

[merged small][ocr errors][merged small][merged small]

The articles for the regulation of trade, which are appended to this treaty, shall be considered as forming a part of the same, and shall be equally binding on both the contracting par to this treaty, and on their citizens and subjects.

1505. ARTICLE XII.

Such of the provisions of the treaty made by Commodore Perry, and signed at Kanagawa, on the 3!st of March, 1854, as conflict with the provisions of this treaty are hereby revoked; and as all the provisions of a convention executed by the Consul-General of the United States and the governors of Simoda on the 17th of June, 1857, are incorporated in this treaty, that convention is also revoked.

The person charged with the diplomatic relations of the United States in Japan, in conjunction with such person or persons as may be appointed for that purpose by the Japanese Government, shall have power to make such rules and regulations as may be required to carry into full and complete effect the provisions of this treaty, and the pro visions of the articles regulating trade appended thereunto.

Regulations under which American trade is to be conducted in Japan.

1506. REGULATION FIRST.

Within forty-eight (48) hours (Sundays excepted) after the arrival of an American ship in a Japanese port, the captain or commander shall exhibit to the Japanese custom-house authorities the receipt of the American Consul, showing that he has deposited the ship's register and other papers, as required by the laws of the United States, at the American Consulate, and he shall then make an entry of his ship, by giving a written paper, stating the name of the ship, and the name of the port from which she comes, her tonnage, the name of her captain or commander, the names of her passengers (if any), and the number of her crew, which papers shall be certified by the captain or commander to be a true statement, and shall be signed by him; he shall, at the same time, deposit a written manifest of his cargo, setting forth the marks and numbers of the packages and their contents, as they are described in his bill of lading, with the names of the person or persons to whom they are consigned. A list of the stores of the ship shall be added to the manifest. The captain or commander shall certify the manifest to be a true account of all the cargo and stores on board the ship, and shall sign his name to the same. If any error is discovered in the manifest, it may be corrected within twenty-four (24) hours (Sunday excepted) without the payment of any fee; but for any alteration or post entry to the manifest made after that time, a fee of fifteen dollars ($15) shall be paid. All goods not entered on the manifest shall pay double duties on being landed. Any captain or commander that shall neglect to enter his vessel at the Japanese custon-house within the time prescribed by this regulation shall pay a penalty of sixty dollars ($60) for each day that he shall so neglect to enter his ship.

1507. REGULATION SECOND. The Japanese Government shall have the right to place custom-house officers on board of any ship in their ports (men-of-war excepted). All custom-house officers shall be treated with civility, and such reasonable accommodation shall be allotted to them as the ship affords. No goods shall be unladen from any ship between the hours of sunset and sunrise, except by special permission of the custom-house authorities, and the hatches, and all other places of entrance into that part of the ship where the cargo is stowed, may be secured by Japanese officers, between the hours of sunset and sunrise, by affixing seals, locks, or other fastenings; and if any person shall, without due permission, open any entrance that has been so secured, or shall break or remove any seal, lock, or other fastening that has been affixed by the Japanese custom-house officers, every person so offending shall pay a fine of (60) sixty dollars for each offense. Any goods that shall be discharged or attempted to be discharged from any ship without having been duly entered at the Japanese custom-house, as hereinafter provided, shall be liable to seizure and confiscation.

Packages of goods made up with an attempt to defraud the revenue of Japan, by concealing therein articles of value which are not set forth in the invoice, shall be forfeited.

American ships that shall smuggle, or attempt to smuggle, goods in any of the non-opened harbors of Japan, all such goods shall be ferfeited to the Japanese Government, and the ship shall pay a fine of (1,000) one thousand dollars for each offense. Vessels needing repairs may land their cargo for that purpose without the payment of duty. All goods so landed shall remain in charge of the Japanese authorities, and all just charges for storage, labor, and supervision shall be paid thereon. But if any portion of such cargo be sold, the regular duties shall be paid on the portion so disposed of. Cargo may be trans shipped to another vessel in the same harbor without the payment of duty; but all transshipments shall be made under the supervision of Japanese officers, and after satisfactory proof has been given to the custom-house authorities of the bona fide nature of the transaction, and also under a permit to be granted for that purpose by such authorities, The importation of opium being prohibited, if any person or persons shall smuggle, or attempt to smuggle, any opium, he or they shall pay a fine of (15) fifteen dollars for each catty of opium so smuggled or attempted to be smuggled; and if more than one person shall be engaged in the offense, they shall collectively be held responsible for the par, ment of the foregoing penalty.

1508. REGULATION THIRD.

The owner or consignee of any goods, who desires to land them, shall make an entry of the same at the Japanese custom-house. The entry shall be in writing, and shall set forth the name of the person making the entry, and the name of the ship in which the goods were imported, and the marks, numbers, packages, and the contents thereof, with the value of each package extended separately in one amount, and at the bottom of the entry shall be placed the aggregate value of all the goods contained in the entry. On each entry the owner or consignee shall certify, in writing, that the entry then presented exhibits the actual cost of the goods, and that nothing has been concealed whereby the customs of Japan would be defrauded; and the owner or consignee shall sign his name to such certificate.

The original invoice or invoices of the goods so entered shall be pre sented to the custom-house authorities, and shall remain in their possession until they have examined the goods contained in the entry.

The Japanese officers may examine any or all the packages so entered, and for this purpose may take them to the custom-house; but such examination shall be without expense to the importer or injury to the goods; and after examination the Japanese shall restore the goods to their original condition in the packages (so far as may be practicable), and such examination shall be made without any unreasonable delay.

If any owner or importer discovers that his goods have been damaged on the voyage of importation, before such goods have been delivered to him, he may notify the custom-house authorities of such damage; and he may have the damaged goods appraised by two or more competent and disinterested persons, who, after due examination, shall make a certificate setting forth the amount per cent. of damage on each separate package, describing it by its mark and number, which certificates shall be signed by the appraisers, ii, presence of the custom-house authorities, and the importer may attach the certificate to his entry, and make a corresponding deduction from it. But this shall not prevent the customhouse authorities from appraising the goods in the manner provided in article fourth of the treaty, to which these regulations are appended.

After the duties have been paid the owner shall receive a permit authorizing the delivery to him of the goods, whether the same are at the custom-house or on ship-board. All goods intended to be exported shall be entered at the Japanese custom-house before they are placed on ship-board. The entry shall be in writing, and shall state the name of the ship by which the goods are to be exported, with the marks and numbers of the packages, and the quantity, description, and value of their contents. The exporter shall certify, in writing, that the entry is a true account of all the goods contained therein, and shall sign his name thereto. Any goods that are put on board of a ship for exportation before they have been entered at the custom-house, and all packages which contain prohibited articles, shall be forfeited to the Japanese Government.

No entry at the custom-house shall be required for supplies for the use of ships, their crews, and passengers, nor for the clothing, &c., of passengers.

1509. REGULATION FOURTH. Ships wishing to clear shall give (24) twenty-four hours' notice at the custom-house, and at the end of that time they shall be entitled to their clearance; but, if it be refused, the custom-house authorities shall immediately inform the captain or consignee of the ship of the reasons why the clearance is refused, and they shall also give the same notice to the American Consul.

« SebelumnyaLanjutkan »