whatever kind, that relate to the affairs of state, require the countersignature of a minister of state.

ART. 56. 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 JUDICIAL POWER

ART. 57. The judicial power 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.

ART. 58. 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.

law.

Rules for disciplinary punishment shall be determined by

ART. 59. 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.

ART. 60. All matters that fall within the competency of special tribunals shall be specially provided for by law.

ART. 61. No suit which relates to rights alleged to have been infringed by the illegal measures of the executive authorities, and which should come within the competency of the Court of Administrative Litigation specially established by law, shall be taken cognizance of by a court of law.

ART. 62. 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.

ART. 63. The taxes levied at present shall, in so far as they are not remodeled by a new law, be collected according to the old system.

ART. 64. The expenditure and revenue of the state require the consent of the Imperial Diet by means of an annual budget.

Any and all expenditures exceeding 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.

ART. 65. The budget shall be first laid before the House of Representatives.

ART. 66. 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.

ART. 67. Those expenditures already fixed and based upon the powers belonging to the Emperor by the constitution, and such expenditures as may have arisen by the effect of law, or that relate to the legal obligations of the government, shall neither be rejected nor reduced by the Imperial Diet, without the concurrence of the government.

ART. 68. 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.

ART. 69. In order to supply deficiencies, which are un

avoidable, in the budget, and to meet requirements unprovided for in the same, a reserve fund shall be provided in the budget.

ART. 70. 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 enact 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.

ART. 71. 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.

ART. 72. 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 a special law.

ART. 73.

When it may 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 shall open the debate, unless not less than two-thirds of the whole number of members are present, and no amendment shall be passed, unless a majority of not less than two-thirds of the members present is obtained.

ART. 74. 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.

ART. 75. No modification shall be introduced into the constitution, or into the Imperial House Law, during the time of a regency.

ART. 76. 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. 67.

IMPERIAL ORDINANCE CONCERNING THE
HOUSE OF PEERS

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 specially nominated by the Emperor, on account of meritorious services to the state or of erudition.

5) Persons who have been elected, one member for each Fu (city) and Ken (prefecture), by and from among the tax payers of the highest amount of direct national taxes on land, industry, or trade therein, and who have afterward been appointed thereto by the Emperor.

ART. 2. The male members of the imperial family shall take seats in the House on reaching their majority.

ART. 3. The members of the orders of princes and of marquises shall become members on reaching the full age of twenty-five years.

ART. 4. The members of the orders of counts, viscounts, and barons, who after reaching the full age of 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.

ART. 5. Any man of above the age of thirty years, who has been appointed a member by the Emperor for meritorious services to the state or for erudition, shall be a life member.

ART. 6. One member shall be elected in each Fu and Ken from among and by the fifteen male inhabitants thereof of above the full age of thirty years, paying therein the highest amount of direct national taxes on land, industry, or trade. When the person thus elected receives his appointment from the Emperor, he shall become a member for the term of seven years. Rules for such elections shall be specially determined by imperial ordinance.

ART. 7. The number of members appointed 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.

ART. 8. The House of Peers shall, when consulted by the Emperor, pass upon rules concerning the privileges of the nobility.

ART. 9. 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.

ART. IO.

When a member has been sentenced to confine