Слике страница

where such an obligation was created, no such obligation or remedy sought therefor is recognized by the Japanese Court unless it be of such a nature as is sanctioned by the Japanese Law.

16. The effect of assignment of an obligation as to a third person is governed by the law of domicile of party liable thereto.

17. Tutorship or guardianship is governed by the law of nationality of the ward. The Japanese Court will intervene in respect thereof only for such a cause as is recognized by the law of his nationanty, provided that there is in Japan no person to exercise duties arising therefrom as required by that law, or the court has already adjudicated upon it.

18. Intestate succession is governed by the law of nationality of the deceased; testamentary succession as to its existence and effect by that law which is found existing at the time of its making or revocation, it being sufficient always that formality follows that of the place of making.

19. In case of a person having two or more nationalities, the nationality last acquired determines the law, Japanese nationality being always preferred regardless of the order of their acquisition. For the purpose of a person having no nationality, the law of domicile takes place of that of the nationality and the law of place of residence where his domicile is unknown.

20. In case where there are different local laws in a state, the law of locality to which a party belongs shall govern his case.


Where the law of nationality to be applied according to the Japanese Law, names that law as the law of application, the Japanese Law shall prevail.

22. No foreign law shall be applied which is contrary to public order or good morals in the opinion of the Japanese Court.

No branch of modern jurisprudence is so important and interesting as the principles governing the laws of application. If time allowed I should like to compare the Japanese and English doctrines as to the conflict of laws.

Foreigners in Japan enjoy the right of full liberty to enter, travel, or reside in any part of Japan, and perfect protection for their persons and property. They have free access to the courts of justice in pursuit and defense of their rights. They are at liberty equally with the Japanese to choose and employ lawyers, advocates and representatives to pursue and defend their rights before such courts, and to exercise all the rights and privileges therein exercised by the Japanese. They enjoy the same rights, privileges and immunities as the Japanese in whatever relates to rights of residence and travel, to the possession of goods and effects of any kind; to the succession to personal estate by will or otherwise, and to the disposal of property of any sort which they may lawfully acquire, in any manner whatsoever without being subjected to any higher imposts or charges than the Japanese themselves. The respect of their dwellings, manufactories, warehouses, shops, and all premises appertaining thereto, destined for purposes of residence or commerce, is guaranteed, and neither search nor domiciliary visit to such premises, nor the examination or inspection of books, papers or accounts is allowed, except under such conditions and forms as are prescribed by the laws, ordinances and regulations prescribed for Japanese subjects. They also enjoy entire liberty of conscience, and the right of private or public exercise of their worship and of burying


their countrymen according to their religious customs in such suitable and convenient places as may be established and maintained for the purpose, subject, however, to the Japanese laws, ordinances and regulations. They are not compelled under any pretext whatsoever to pay any charges or taxes other or higher than those that are or may be paid by the Japanese.

By virtue of reciprocal freedom of commerce and navigation established between Japan and the treaty-countries, foreigners may trade anywhere in Japan, by wholesale or by retail, in all kinds of produce, manufactures and merchandise of lawful commerce, either in person or by agents, singly or in partnership with Japanese or foreigners, to own or hire and occupy houses, manufactories, warehouses, shops and premises necessary for such purposes, and to lease land for residential and commercial purposes in the same manner as the Japanese, by conforming to the laws and police and customs regulations. They may freely, with their ships and cargoes, visit all places, ports and rivers opened to foreign commerce in the same manner as the Japanese, without paying any taxes, imposts or duties, however and by whomsoever levied or imposed, of whatever nature or denomination, subject to the laws, ordinances and regulations relating to trade, police, public security, and the importation of laborers; however, places, ports and rivers not opened to foreigners may be visited in case of distress or under stress of weather. Any product or manufacture other than those prohibited by the necessity of protecting the safety of persons or of cattle or plants useful to agriculture, may be imported or exported, whatever may be its origin, without being subjected to any duties higher than those on the like article produced or manufactured by Japanese. Nor are they liable to the payment of any

higher or other transit dues. dues for harbor, pilotage, lighthouse or quarantine, than the Japanese, and they are entitled to a perfect equality of treatment with the Japanese in all that relates to warehousing facilities, bounties and drawbacks. They are also entitied in like manner to the same protection as the Japanese in all that concerns patents, trade-marks and designs. Japan is a member of the Berne convention for the protection of industrial property and literary productions and works of art, and a subject or citizen of the countries signatory to these conventions enjoy in Japan, in respect of such a protection, the same rights and privileges as those of Japanese subjects.

Again, different professions, such as those of law, medicine, teaching, preaching, or patent agents, are permitted to be practiced either by license or otherwise, and members of these professions have engaged and continued in their work since the treaty revision.

Again, the existing treaties have secured to foreigners exemption from any military or naval conscription or other compulsory services of whatever nature or kind, and from being subject to any charges or imposts levied in lieu of such services.

Besides the rights and privileges above enumerated, there are others accorded to foreigners by the usages and practices of international law, in nowise more restricted than in the case of the Japanese. While foreigners have no privilege to enjoy public or political rights which inherently belong to the Japanese subjects, most of the rights which the treaties have secured are such as are enumerated in the Japanese Constitution for the purpose of Japanese subjects. The only cases not mentioned in the treaties are those of the privacy of the mail, or the right of petition to the throne, and freedom of speech,

writing, public meeting and association. The privacy of the mail has not been violated, and newspapers are owned and edited by foreigners. There should be no occasion for the use of the petition of right for the foreigner, it being his place not to interfere with the politics of the country, but to enjoy peacefully and quietly the rights and privileges secured to him by laws, usages and treaties.

Taxes collected for national purposes are land tax, income tax, business tax, stamp duties, registration tax, those on beverages or condiments such as saké and beer, or soy and sugar, leaf tobacco as monopoly, drugs and patent medicines, tonnage dues and custom duties. No land tax is charged on foreigners, as they do not enjoy the right of owning land, upon whose owners alone the tax being levied. Foreigners are liable to income tax, stamp duties and registration tax. They have to pay certain prefectural and municipal rates assessed in certain proportion to national taxes. Income tax is collected by certain arbitrary percentages prescribed according to the amount of income; everybody must pay income tax who is domiciled or engaged in business in Japan for more than one year or the period of one business year, that payable by commercial corporations being two and one-half per cent. of its annual income. Anyone who, although not domiciled, derives income from his property in Japan, including bonds and debentures, are liable to the tax.

A business tax is levied, the mode of calculation thereof differing according to kinds of business such as merchants, insurance, banking, manufacturing, agency and commission business, or that of contractors; various. standards of calculation, such as amount of capital, commissions, gross receipts, rental value of premises used for the purpose, the number of employees or workmen,

« ПретходнаНастави »