43

A.—2

It is, however, understood that the subjects and vessels of either high contacting party shall enjoy in this respect most-favoured-nation treatment in the territories of the other. British and Japanese vessels may, nevertheless, proceed from one port to another, either for the purpose of landing the whole or part of their passengers or cargoes brought from abroad, or of taking on board the whole or part of their passengers or cargoes for a foreign destination. It is also understood that, in the event of the coasting trade of either country being exclusively reserved to national vessels, the vessels of the other country, if engaged in trade to or from places not within the limits of the coasting trade so reserved, shall not be prohibited from the carriage between two ports of the former country of passengers holding through tickets, or merchandise consigned on through bills of lading, to or from places not within the above-mentioned limits, and while engaged in such carriage these vessels and their cargoes shall enjoy the full privileges of this treaty. Article 22. If any seaman should desert from any ship belonging to either of the high contracting parties in the territorial waters of the other, the local authorities shall, within the limits of law, be bound to give every assistance in their power for the recovery of such deserter, on application to that effect being made to them by the competent consular officer of the country to which the ship of the deserter may belong, accompanied by an assurance that all expenses connected therewith will be repaid. It is understood that this stipulation shall not apply to the subjects of the country where the desertion takes place. Article 23. Any vessel of either of the high contracting parties which may be compelled, by stress of weather or by accident, to take shelter in a port of the other shall be at liberty to refit therein, to procure all necessary stores, and to put to sea again, without paying any dues other than such as would be payable in the like case by a national vessel. In case, however, the master of a merchant-vessel should be under the necessity of disposing of a part of his merchandise in order to defray the expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come. If any vessel of one of the high contracting parties should run aground or be wrecked upon the coasts of the other, such vessel, and all parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandise saved therefrom, including any which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked vessel, shall be given up to the owners or their agents when claimed by them. If there are no such owners or agents on the spot, then the same shall be delivered to the British or Japanese consular officer in whose district the wreck or stranding may have taken place upon being claimed by him within the period fixed by the laws of the country, and such consular officer, owners, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the like case of a wreck or stranding of a national vessel. The high contracting parties agree, moreover, that merchandise saved shall not be subjected to the payment of any Customs duty unless cleared for internal consumption. In the case either of a vessel being driven in by stress of weather, run aground, or wrecked, the respective consular officers shall, if the owner or master or other agent of the owner is not present, or is present and requires it, be authorized to interpose in order to afford the necessary assistance to their fellow-countrymen. Article 24. The high contracting parties agree that, in. all that concerns commerce, navigation, and industry, any favour, privilege, or immunity which either high contracting party has actually granted, or may hereafter grant, to the ships, subjects, or citizens of any other foreign Stats shall be extended immediately and unconditionally to the ships or subjects of the other high contracting party, it being their intention that the commerce, navigation, and industry of each country shall be placed in all respects on the footing of the most favoured nation. Article 25. The stipulations of this treaty do not apply to tariff concessions granted by either of the high contracting parties to contiguous States solely to facilitate frontier traffic within a limited zone on each side of the frontier, or to the treatment accorded to the produce of the national fisheries of the high contracting parties, or to special tariff favours granted by Japan in regard to fish and other aquaticproducts taken in the foreign waters in the vicinity.of Japan. Article 26. The stipulations of the present treaty shall not be applicable to any of His Britannic Majesty's dominions, colonies, possessions, or protectorates beyond the seas, unless notice of adhesion shall have been given on behalf of any such dominion, colony, possession, or protectorate by His Britannic Majesty's representative at Tokio before the expiration of two years from the date of the exchange of the ratifications of the present treaty. Article 27. The present treaty shall be ratified, and the ratifications exchanged at Tokio, as soon as possible. It shall enter into operation on the 17th July, 1911, and remain in force until the 16th July, 1923. In case neither of the high contracting parties shall have given notice to the other twelve months before the expiration of the said period, of its intention to terminate the treaty, it shall continue operative until the expiration of one year from the date on which either of the high contracting parties shall have denounced it.