Kashgar and
Yarkand, duly accredited and empowered for that purpose: I, the Right
Hon. Thomas George Baring, Baron Northbrook of Stratton, &c., &c.,
Viceroy and Governor-General of India, do hereby ratify and confirm the
Treaty aforesaid.
Given under my hand and seal at Government House, in Calcutta, this
thirteenth day of April, in the year of our Lord one thousand eight
hundred and seventy-four.
(Signed) NORTHBROOK.
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RULES FOR THE GUIDANCE OF THE JOINT COMMISSIONERS APPOINTED FOR THE NEW
ROUTE TO EASTERN TURKESTAN.
1. As it is impossible, owing to the character of the climate, to retain
the Commissioners throughout the year, the period during which they
shall exercise their authority shall be taken to commence on 15th May,
and to end on 1st December.
2. During the absence of either Commissioner, cases may be heard and
decided by the other Commissioner, subject to appeal to the Joint
Commissioners.
3. In the months when the Joint Commissioners are absent, _i.e._ between
1st December and 15th May, all cases which may arise shall be decided by
the Wuzeer of Ladakh, subject to appeal to the Joint Commissioners.
4. The Joint Commissioners shall not interfere in cases other than those
which affect the development, freedom, and safety of the trade, and the
objects for which the Treaty is concluded, and in which one of the
parties, or both, are either British subjects, or subjects of a foreign
state.
5. In civil disputes the Commissioners shall have power to dispose of
all cases, whatever be the value of the property in litigation.
6. When the Commissioners agree, their decision shall be final in all
cases. When they are unable to agree, the parties shall have the right
of nominating a single arbitrator, and shall bind themselves in writing
to abide by his award. Should the parties not be able to agree upon a
single arbitrator, each party shall name one, and the two Commissioners
shall name a third, and the decision of the majority of the arbitrators
shall be final.
7. In criminal cases the powers of the Commissioners shall be limited to
offences such as in British territory would be tried by a subordinate
Magistrate of the First Class, and as far as possible the procedure of
the Criminal Procedure Code shall be followed. Cases of a more heinous
kind should be made over to the Maharaja for trial, if the accused be
not a
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