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[MPERIAL ()ATH AND SPEECH.
PROMUL.GATED AT THE IMPERIAL PALACE,
FEBRUARY 11TH, 1889.
Y () K () HI A M A :
PRINTED AND PUBLISHED AT THE “JAPAN GAZE"I"I'E * OFFICE.
-º-º:
FOR §ATLE AT
THE ** JAPAN GAZETTE * OFFICE, No. 70, MAIN STREET.
ºy & wallsH, LIMITED,
Tº r Messrs. THOMPSON & Co.,
- i o. 28, MAIN STREET, YoFOHAMA, SHANGHAI,
KOBE AGENTs.
HoNGKONG AND SINGAPORE.
‘MARuys & Co., “RISING SUN & NAGASAKI ExPREssº
kBNTs, Yoko HAMA AND TOKYO. : NAGASAKI AGENT,
HE CONSTITUTION OF JAPAN,



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THE CONSTITUTION
WITH THE LAWS APPERTAINING THERET0.
AND THE
IMPERIAL OATH AND SPEECH.
PROMUL.GATED AT THE IMPERIAL PALACE,
FEBRUARY 11TH, 1889.
Y O K () H A M A :
PRINTED AND PUBLISHED AT THE “ JAPAN GAZETTE * OTFICE.
-º-º-
FOR SALE AT
*-
THE “JAPAN GAZETTE * OFFICE, No. 70, MAIN STREET.
RELLY & WALSH, LIMITED, MESSRs. THOMPSON & Co.,
No. 28, MAIN STREET, YokołłAMA, SHANGHAI, KOBE AGENTs.
HONG KONG AND SINGAPORE.
Z. P. MARUYA & Co., “RISING SUN & NAGASAKI EXPRESS,”
|
AGENTS, YOKOHAMA AND TOKYO. | NAGASAKI AGENT.


iŠ
THE
C O N S T IT UT I O N
—OF—
J A P A N . . .
IMPERIAL OATH AT THE SANCTUARY OF THE IMPERIAL PALACE.
We, the Successor to the prosperous Throne of Our Predecessors, do humbly and
solemnly swear to the Imperial Founder of Our House and to Our other Imperial Ancestors
that, in pursuance of a great policy co-extensive wiſh the Heavens and with the Earth, We
shall maintain and secure from decline the ancient from of government. -
In consideration of the progressive tendency of the course of human affairs and in
parallel with the advance of civilization, We deem it expedient, in order to give clearness
and distinctness to the instructions bequeathed by the Imperial Founder of Our House and
by Our other Imperial Ancestors, to establish fundamental laws formulated into expruss
provisions of law, so that, on the one hand, Our Imperial posterity may possess an express
guide for the course they are to follow, and that, on the other, Our subjects shall thereby
be enabled to enjoy a wider range of action in giving Us their support, and that the observance
of Our laws shall continue to the remotest ages of time. We will thereby to give greater
firmness to the stability of Our country and to promote the welfare of all the people within
the boundaries of Our dominions; and We now establish the Imperial House Law and Con-
stitution. These Laws come to only an exposition of grand precepts for the conduct of the
government bequeathed by the Imperial Founder of Our House and by Our other Imperial
Ancestors. That we have been so fortunate in Our reign, in keeping with the tendency of
the times, as to accomplish this work, We owe to the glorious Sprits of the Imperial Founder
of Our House and of Our other Imperial Ancestors. --
We now reverently make Our prayer to Them and to Our Illustrious Father, and im-
plore the help of Their Sacred Spirits, and make to Them solemn oath never at this time
nor in the future to fail to be an example to Our subjects in the observance of the Law
\ereby established. -
May the Heavenly Spirits witness this Our solemn Oath.
2 - THE CONSTITUTION OF JAPAN,
-*
IMPERIAL SPEECH ON THE PROMUL.GATION OF THE CONSTITUTION.
Whereas, We make it the joy and glory of Our heart to behold the prosperity of Our
country, and they welfare of Our subjects, We do hereby, in virtue of the Supreme power We
inherit from Our Imperial Ancestors, promulgate the present immutable fundamental law,
for the sake of Our present subjects and their descendants. .
The Imperial Founder of Our House and Our other Imperial Ancestors, by the help
and support of the forefathers of Our suljects, laid the foundation of Our Empire upon a
basis which is to last forever. That this brilliant achievement embellishes the annals of
Our country, is due to the glorious virtues of Our Sacred Imperial Ancestors, and to the
loyalty and bravery of Our subjects, their love of their country, and their public spirit.
Considering that Our subjects are the descendants of the loyal and good subjects of Our
Imperial Ancestors, We doubt not but that Our subjects will be guided by Our views, and
will sympathize with all Our endeavours, and that, harmoniously cooperating together, they
will share with Us Our hope of making manifest the glory of Our country, both at home
and abroad, and of securing forever the sability of the work bequeathed to Us by Our Imperial
Ancestors.
THE CONSTITUTION OF THE EMPIRE OF JAPAN.
Having, by virtue of the glories of Our Ancestors, ascended the throne of a lineal
succession unbroken for ages eternal; desiring to promote the welfare of, and to give
development to, the moral and intellectual faculties of Our belovèd subjects, the very
same that have been favoured with the benevolent care and affectionate vigilance
of Our Ancestors; and hoping to maintain the prosperity of the State, in concert with
Our people and with their support, We hereby promulgate, in pursuance of Our Imperial
Rescript of the 12th day of the 10th month of the 14th year of Meiji, a fundamental law
of State, to exhibit the principles by which We are to be guided in Our conduct, and to
point out to what Our descendants and Our subjects and their descendants are forever to
conform. -
The rights of sovereignty of the State, We have inherited from Our Ancestors, and We
shall bequeath them to Our descendants. Neither We nor they shall in future fail to
wield them, in accordance with the provisions of the Constitution hereby granted.
We now declare to respect and protect the security of the rights and of the property of
Our people, and to secure to them the complete enjoyment of the same, within the
extent of the provisions of the present Constitution and of the law.
The Imperial Diet shall first be convoked for the 23rd year of Meiji, and the time of it.}
opening shall be the date when the present Constitution comes into force.
When in the future it may become necessary to amend any of the provisions of the present
Constitution, We or Our si cccessors shall assume the initiative right, and submit a
project for the same to the Imperial Diet. The Imperial Diet shall pass its vote upon it,
according to the conditions imposed by the present Constitution, and in no otherwise
shall our descendants or Our subjects,be permitted to attempt any alteration thereof.
THE constituTION OF JAPAN. 8
*—
Our Ministers of State, on Our behalf, shall be held responsible for the carrying out of
the present Constitution, and Our present and future subjects shall for ever assume the duty
of allegiance to the present Constitution. --
[His Imperial Majesty's Sign-Manual]
- -- - [Privy Seal.]
The 11th day of the 2nd month of the 22nd year of Meiji.
(Countersigned) w
Count KURODA KIYoTAKA,
Minister President of State.
Count Iro Hirobumi,
President of the Privy Council.
Count OKUMA SHIGENOBU, -
Minister of State for Foreign Affairs.
Count Saigo TsUKUMICHI, -
Minister of State for the Navy.
Count Inouye Kaoru, - *
Minister of State for Agriculture and
Commerce.
Count YAMADA AKryoshi,
Minister of State for Justice.
Count MATSUGATA MASAYoshi, t
Minister of State for Finance, and
Minister of State for Home Affairs.
Count OYAMA Iwao, -
Minister of State for War.
Wiscount MoRI ARINORI,
Minister of State for Education.
Wiscount ENOMOTO TAKEAKI, -
Minister of State for Communications.
CHAPTER I.--THE EMPEROR.
ARTICLE I.—The Empire of Japan shall be reigned over and governed by a line of
Emperors unbroken for ages eternal. - -
ARTICLE II.-The Imperial Throne shall be succeeded to by Imperial male descendants,
according to the provisions of the Imperial House Law. -
ARTICLE III.-The Emperor is sacred and inviolable.
4 THE CONSTITUTION OF JAPAN.
ARTICLE IV.-The Emperor is the head of the Empire, combining in Himself the rights
of sovereignty, and exercises them according to the provisions of the present Constitution.
ARTICLE V.—The Emperor exercises the legislative power with the consent of the
Imperial Diet. -
ARTICLE VI—The Emperor gives sanction to laws, and orders them to be promulgated
and executed. 2
ARTICLE VII.-The Emperor convokes the Imperial Diet, opens, closes, and prorogues
it, and dissolves the House of Representatives. . sº------~~~~~~}
ARTICLE VIII.-The Emperor, in consequence of an urgent necessity to maintain
public Safety or to avert public calamities, issues, when the Imperial Diet is not sitting,
Imperial Ordinances in the place of law. *
Such Imperial Ordinances are to be laid before the Imperial Diet at its next session, and
when the Diet does not approve the said Ordinances, the Government shall declare them
to be invalid for the future. 3. s
ARTICLE IX.--The Emperor issues or causes to be issued, the Ordinances necessary for
the carrying out of the laws, or for the maintenance of the public peace and order, and for
the promotion of the welfare of the subjects. But no Ordinance shall in any way alter any
of the existing laws. - -
ARTICLE X.—The Emperor determines the organization of the different branches of the
administration, and the salaries of all civil and military officers, and appoints and dismisses
the same. Exceptions especially provided for in the present Constitution or in other laws,
shall be in accordance with the respective provisions (bearing thereon). ^s.
ARTICLE XI.-The Emperor has the supreme command of the Army and Navy.
ARTICLE XII-The Emperor determines the organization and peace standing of the
Army and Navy. . .
ARTICLE XIII.-The Emperor declares war, makes peace, and concludes treaties. *
ARTICLE XIV.-The Emperor proclaims the law of siege.
The conditions and effects of the law of siege shall be determined by law.
ARTICLE XV-The Emperor confers titles of nobility, rank, orders and other marks of
honour. - -
ARTICLE XVI.-The Emperor orders amnesty, pardon, commutation of punishments,
and rehabilitation. - - *
ARTICLE XVII.—A Regency shall be instituted in conformity with the provisions of the
Imperial House Law.
The Regent shall exercise the powers appertaining to the Emperor in His name.
CHAPTER II,_RIGHTS AND DUTIES OF SUBJECTS.
ARTICLE XVIII.—The conditions necessary for being a Japanese subject shall be
determined by law. -
ARTICLE XIX. —Japanese subjects may, according to qualifications determined in laws or
ordinances, be appointed to civil or military offices equally, and may fill any other public offices.
ARTICLE XX.-Japanese subjects are amenable to service in the Army or Navy, according
to the provisions of law,
THE CONSTITUTION OF JAPAN. - 5
ARTICLE XXI.—Japanese subjects are amenable to the duty of paying taxes, according to
the provisions of law. w - -
ARTICLE XXII.-Japanese subjects shall have the liberty of abode and of changing the
samo within the limits of law. *
ARTICLE XXIII-No Japanese subject shall be arrested, detained, tried, or punished,
unless according to law.
ARTICLE XXIV.-No Japanese subject shall be deprived of his right of being tried by the
judges determined by law. - -
ARTICLE XXV.-Except in the cases provided for in the law, the house of no Japanese
subject shall be entered or searched without his consent. -
ARTICLE XXVI.-Except in the cases mentioned in the law, the secrecy of the letters
of every Japanese subject shall remain inviolate. -
Article XXVII.-The right of property of every Japanese subject shall remain inviolate.
Measures necessary to be taken for the public benefit shall be provided for by law.
ARTICLE XXVIII. — Japanese subjects shall, within limits not prejudicial to peace and
order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief.
ARTICLE XXIX—Japanese Subjects shall within the limits of law, enjoy the liberty of v.
speech, writing, publication, public meetings, and associations.
ARTICLE XXX.—Japanese subjects may present petitions, by observing the proper forms
of respect, and by complying with the rules specially provided for the same.
ARTICLE XXXI.—The provisions contained in the present Chapter shall not affect the
exercise of the powers appertaining to the Emperor, in times of war or in cases of a
national emergency. + t º -
ARTICLE XXXII.-Each and every one of the provisions contained in the preceding 2
Articles of the present chapter, that are not in conflict with the laws or the rules and
discipline of the Army and Navy, shall apply to the officers and men of the Army and of the Navy.
CHAPTER III.—THE IMPERIAL DIET.
ARTICLE XXXIII.-The Imperial Diet shall consist of two Houses, a House of Peers and
a House of Representatives. -
ARTICLE XXXIV.-The House of Peers shall, in accordance with the Ordinance
concerning the House of Peers, be composed of the members of the Imperial Family, of the
orders of nobility, and of those persons who have been nominated thereto by the Emperor.
ARTICLE XXXV.-The House of Representatives shall be composed of Members elected
- by the people, according to the provisions of the Law of Election.
- ARTICLE XXXVI.-No one can at one and the same time be a Member of both Houses.
ARTICLE XXXVII.-Every law requires the consent of the Imperial Diet.
ARTICLE XXXVIII.-Both Houses shall vote upon projects of law submitted to them by
the Government, and may respectively initiate projects of law.
ARTICLE XXXIX.-A Bill, which has been rejected by either the one or the other of .
the two Houses, shall not be again brought in during the same session. • *
ARTICLE XL.-Both Houses can make representations to the Government, as to laws or
upon any other subject. When, however, such representations are not accepted, they cannot
be made a second time during the Sºme session,
6 THE CONSTITUTION OF JAPAN,
ARTICLE XLI.-The Imperial Diet shall be convoked every year. s
ARTICLE XLII.—A session of the Imperial Diet shall last during three months. In case
of necessity, the duration of a session may be prolonged by Imperial Order.
ARTICLE XLIII.--When urgent necessity arises, an extraordinary session may be
convoked, in addition to the ordinary one.
The duration of an extraordinary session shall be determined by Imperial Order.
ARTICLE XLIV.-The opening, closing, prolongation of session and prorogation of the
Imperial Diet, shall be effected simultaneously for both Houses.
In case the House of Representatives has been ordered to dissolve, the IIouse of Peers
shall at the same time be prorogued.
ARTICLE XLV.--When the House of Representatives has been ordered to dissolve,
Members shall be caused by Imperial Order to be newly elected, and the new House shall
be convoked within five months from the day of dissolution.
ARTICLE XLVI-No debate can be opened and no vote can be taken in either House of
the Imperial Diet, unless not less than one-third of the whole number of the Members
thereof is present.
ARTICLE XLVII.-Votes shall be taken in both Houses by absolute majority. In the
case of a tie vote, the President shall have the casting vote.
ARTICLE XLVIII.-The deliberations of both Houses shall be held in public. The
deliberations may, however, upon demand of the Government or by resolution of the House,
be held in secret sitting. . -
ARTICLE XLIX.—Both Houses of the Imperial Diet may respectively present addresses
to the Emperor.
ARTICLE L.—Both Houses may receive petitions presented by subjects.
ARTICLE LI.—Both Houses may enact, besides what is provided for in the present
Constitution and in the Law of the Houses, rules necessary for the management of their
internal affairs. -
ARTICLE LII.—No Member of either House shall be held responsible outside the respective
Houses, for any opinion uttered or for any vote given in the House. When, however, a
Member himself has given publicity to his opinions by public speech, by documents
in print or in writing, or by any other similar means, he shall, in the matter, be amenable
to the general law. - ... • ,
Article LIII.-The Members of both Houses shall, during the session, be free from
arrest, unless with the consent of the House, except in cases of flagrant delicts, or of offences
connected with a state of internal commotion or with a foreign trouble.
ARTICLE LIV.—The Ministers of State and the Delegates of the Government may, at any
time, take seats and speak in either House. \
CHAPTER IV.--THE MINISTERS OF STATE AND THE PRIWY COUNCIL.
ARTICLE LW.-The respective Ministers of State shall give their advice to the Emperor
and be responsible for it. -
All Laws, Imperial Ordinances, and Imperial Rescripts of whatever kind, that relate
to the affairs of the State, require the crººtersignature of a Minister of State,
THE CONSTITUTION OF JAPAN, 7
ARTICLE LVI.-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 JUDICATURE.
ARTICLE LVII.—The Judicature 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. -
ARTICLE LVIII.-The judges shall be appointed from among those who possess
qualifications according to law.
No judge shall be deprived of his position, unless by way of criminal sentence or
disciplinary punishment. - -
Rules for disciplinary punishment shall be determined by law.
ARTICLE LIX.—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 maintainance of public morality, the public trial may be suspended by provision of
law or by the decision of the Court of Law. - -
ARTICLE LX.—All matters that fall within the competency of a special Court shall be
specially provided for by law. -
ARTICLE LXI.-No suit at law, which relates to rights alleged to have been infringed
by the illegal measures of the executive authorities, and which shall come within the
competency of the Court of Administrative Litigation specially established by law, shall
be taken cognizance of by a Court of Law.
CHAPTER VI.-FINANCE,
ARTICLE LXII.-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 cause. t
The raising of national loams 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.
ARTICLE LXIII.-The taxes levied at present shall, in so far as are not remodelled by
new law, be collected according to the old system.
ARTICLE LXIV.-The expenditure and revenue of the State require the consent of the
Imperial Diet by means of an annual Budget. - .
Any and all expenditures overpassing 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.
ARTICLE LXV.—The Budget shall be first laid before the House of Representatives.
ARTICLE LXVI—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
-
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8 THE CONSTITUTION OF JAPAN,
=-sº-
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not require the consent thereto of the Imperial Diet, except in case an increase thereof is
found necessary. - º -
ARTICLE LXVII.—Those already fixed expenditures based by the Constitution upon the
powers appertaining to the Emperor, and such expenditures as may have arisen by the effect
of law, or that appertain to the legal obligations of the Government, shall be neither
rejected nor reduced by the Imperial Diet, without the concurrence of the Government.
ARTICLE LXVIII.-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. +
ARTICLE LXIX.--In order to supply deficiencies, which are unavoidable, in the Budget,
and to meet requirements unprovided for in the same, a Reserve Fund shall be provided in
the Budget. - -
ARTICLE LXX.—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 take 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.
ARTICLE LXXI.—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. - -
ARTICLE LXXII.—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. s
The organization and competency of the Board of Audit shall be determined by law
separately.
CHAPTER VII.—SUPPLEMENTARY RULES.
ARTICLE LXXIII.—When it has 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 can open the debate, unless not less than two-
thirds of the whole number of Members are present, and no amendment can be passed, unless
a majority of not less than two-thirds of the Members present is obtained.
ARTICLE LXXIV.-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.
ARTICLE LXXV.-No modification can be introduced into the Constitution, or into the
Imperial House Law, during the time of a Regency. -
ARTICLE LXXVI.—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. e -
All existing contracts or orders, that entail obligations upon the Government, and that
are connected with expenditure, shall come within the scope of Art. LXVII. ... •
THE CONSTITUTION OF JAPAN. - 9
IMPERIAL ORDINANCE CONCERNING THE HOUSE OF PEERS.
We, in accordance with the express provision of the Constitution of the Empire of Japan,
hereby promulgate, with the advice of Our Privy Council, the present ordinance concerning
#he House of Peers; as to the date of its being carried out, We shall issue a special order.
[His Imperial Majesty's Sign-Manual.]
- - [Privy Seal.]
The 11th day of the 2nd month of the 22nd year of Meiji.
(Countersigned)
Count KURODA KIYOTAKA,
Minister President of State,
Count ITo HIROBUMI, -
President of the Privy Council.
Count OKUMA SHIGENOBU, *
Minister of State for Foreign Affairs.
Count Saigo TsUKUMICHI,
Minister of State for the Navy.
Count INoUYE KAORU,
… Minister of State for Agriculture and
. Commerce. , “x
Count YAMADA Akiyoshi,
Minister of State for Justice.
Count MATsugara Masayoshi,
Minister of State for Finance and
Minister of State for Home Affairs.
Count OYAMA Iwao, - •
Minister of State for War.
Wiscount MoRI ARINORI, -
Minister of State for Education.
Wiscount ENoMoTo TAKEAK1,
Minister of State for Communications.
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, Wiscounts, and Barons who have been elected thereto by the members
of their respective orders. t
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 taxpayers of the highest amount of direct
national taxes on land, industry or trade therein, and who have nſterwards been
norminated thereto by the Emperor. - - -
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10 THE CONSTITUTION OF JAPAN.
ARTICLE II.-The male members of the Imperial Family shall take seats in the House on
reaching their majority.
ARTICLE III.-The members of the orders of Princes and of Marquises shall become
Members on reaching the age of full twenty-five years. -
ARTICLE IV.-The members of the orders of Counts, Wiscounts and Barons, that after
reaching the age of full 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 the one-fifth
the entire number of the respective orders of Counts, Wiscounts and Barons.
ARTICLE V-Any man of above the age of full thirty years, who has been nominated
Member by the Emperer for meritorious services to the State or for erudition, shall be a life
Member.
ARTICLE VI.-One member shall be elected in each Fu and Ken from among and by the
fifteen male inhabitants thereof of above the age of full thirty years, paying therein the
highest amount of direct national taxes on land, industry, or trade. When the person thus
elected receives his nomination from the Emperor, he shall become a Member for a term of
Seven years. Rules for such election shall be specially determined by Imperial Ordinance. .
ARTICLE VII.-The number of Members that have been nominated 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.
ARTICLE VIII.-The House of Peers shall, when consulted by the Emperor, pass vote
upon rules concerning the privileges of the nobility.
ARTICLE IX.-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.
ARTICLE X.—When a Member has been sentenced to confinement, or to any severer
punishment, or has been declared bankrupt, he shall be expelled by Imperial Order.
With respect to the expulsion of a Member, as a disciplinary punishment in the House
of Peers, the President shall report the facts to the Emperor for His decision.
Any Member who has been expelled shall be incapable of again becoming a Member,
unless permission so to do has been granted by the Emperor.
ARTICLE XI.-The President and Vice-President shall be nominated by the Emperor,
from among the Members, for a term of seven years.
If an elected Member is nominated President or Vice-President, he shall serve in that
capacity for the term of his membership. - w
ARTICLE XII.—Every matter, other than what provision has been made for in the pre-
sent Imperial Ordinance, shall be dealt with according to the provisions of the Law of the
Houses, &
THE CONSTITUTION OF JAPAN. 11
ARTICLE XIII.--When in the future any amendment or addition is to be made in the
provisions of the present Imperial Ordinance, the matter shall be submitted to the vote of the
House of Peers. *
LAW OF THE HOUSES.
We, with the advice of Our Privy Council, hereby give Our Sanction to the present Law
of the Houses and order it to be promulgated and at the same time direct that, from the day
of the institution of the House of Peers and of the House of Representatives, all affairs,
connected with either the one or the other of them, be conducted in accordance with the
present Law. - -
- [His Imperial Majesty's Sign-Manual.]
. [Privy Seal.]
The 11th day of the 2nd month of the 22nd year of Meiji.
(Countersgned)
Count KURODA KryotAKA,
Minister President of State. ,
Count Iro HIROBUMI,
President of the Privy Council,
Count OKUMA SHIGENOBU,
Minister of State for Foreign Affairs,
Count SAIGo TsUKUMICHI,
Minister of State for the Navy;
Count INoUYE KAORU, i
Minister of State for Agriculture and
& Commerce. -
Count YAMADA AKIYoshi,
Minister of State for Justice.
Count MATSUGATA MASAYoshi,
Minister of State for Finance, and
Minister of State for Home Affairs.
Count OYAMA Iwao,
Minister of State for War.
º, Wiscount MoRI ARINORI, *
Minister of State for Education,
Wiscount ENOMOTO TAKEAKI, -
s Minister of State for Communications.
CHAPTER I.—CONWOCATION, ORGANIZATION, AND OPENING OF THE
IMPERIAL DIET. - -
ARTICLE I-An Imperial Proclamation for the convocation of the Imperial Diet, fixing
the date of its assembling, shall be issued at least forty days beforehand. * →
ARTICLE II.-The Members shall assemble in the Hall of their respective Houses, upon
ſhe day specified in the Imperial Proclamation of convocation.
12 THE CONSTITUTION OF JAPAN.
*;
sº- ** * —º- -º-
ARTICLE III.-The President and Vice-President of the House of Representatives shall
both of them be nominated by the Emperor, from among three candidates respectively elected
by the House for each of those offices. & #
Until the nomination of the President and Vice-President, the functions of President
shall be discharged by the Chief Secretary. !
ARTICLE IV.-Each House shall divide the whole number of its Members into several
Sections by lot, and in each Section a Chief shall be elected by and from among the Members
belonging thereto. • , -
ARTICLE V.—Upon the organization of both Houses, the day for the opening of the
Imperial Diet shall be fixed by Imperial Order, and the ceremony of opening shall be
c lebrated by the assembling of the Members of both Houses in the House of Peers.
ARTICLE VI.-On the occasion referred to in the preceding Article, the functions of
President shall be exercised by the President of the House of Peers.
CHAPTER II.—PRESIDENT, SECRETARIES, AND EXPENSES.
ARTICLE VII.--There shall be in each House a President and a Vice-President.
ARTICLE VIII.—The term of the office of the President and of the Vice-President of the
House House of Representatives, shall be the same as that of the membership thereof.
ARTICLE IX.—When the office of President or of Vice-President of the House of Repre-
sentatives, has become vacant by the resignation of the occupant thereof or for any other
reason, the term of office of the successor shall be in correspondence with that of his
predecessor. - *
ARTICLE X.—The President of each House shall maintain order therein, regulate the
debates, and represent the House outside thereof.
ARTICLE XI.—The President of each House shall continue to assume the direction of the
business of the House, during the interval that the Diet is not in Session.
ARTICLE XII.—The President shall be entitled to attend and take part in the debates of
both the Standing and of the Special Committees, but he shall have no vote therein.
ARTICLE XIII-In each House, in the event of the disability of the President, he shall
be represented in his functions by the Vice-President. -
ARTICLE XIV.—In each House, in the event of the disability of both the President and
of the Vice-President at the same time, a temporary President shall be elected to exercise
the functions of President.
ARTICLE XV.-The President and the Vice-President of each House, shall, upon the
cxpiration of their term of office, continue to exercise their functions, until their successors
have been nominated by the Emperor,
ARTICLE XVI-In each House there shall be appointed a Chief Secretary and several
ScCretaries.
The Chief Secretary shall be of the Chokunin rank, and the Secretaries of the Sonin rank,
ARTICLE XVII.-The Chief Secretary shall, under the direction of the President, Super-
vise the business of the Secretaries and append his signature to official documents,
THE CONSTITUTION OF JAPAN. 13
The Secretaries shall compile the records of debates, make drafts of other documents
and manage business generally.
Required functionaries other than Secretaries shall be appointed by the Chief-Secretary.
ARTICLE XVIII.-The expenses of both Houses shall be defrayed out of the National
Treasury, * |
CHAPTER III.—THE ANNUAL ALLOWANCES TO THE PRESIDENT, WICE
PRESIDENT AND MEMBERS.
ARTICLE XIX.-The Presidents of the respective Houses shall receive each an annual
llowance of four thousand yen and the Vice-Presidents, that of two thousand yen each; while
such Members of the House of Peers as have been elected thereto, and such as have been
nominated thereto by the Emperor, and Members of the House of Representatives, shall each
receive an annual allowance of eight hundred yen. They shall also receive travelling expenses
in accordance with regulations to be specially provided. Members, however, who do not
comply with the summons of convocation, Shail receive no annual allowance. -
The Presidents, Vice-Presidents, and Members shall not be allowed to decline their
respective annual allowances.
Members, who are in the service of the Government, shall receive no such annual
allowances. , - • *
In the case mentioned in Article XXV., the Members concerned shall receive, in addi-
tion to the annual allowance mentioned in the first clause of the present Article, an allowance
oi not more than five yen per diem, in accordance with the schedule determined by the
respective Houses,
CHAPTER IV.-COMMITTEES.
ARTICLE XX.-Committees shall be of three kinds, a Committee of the Whole Houge,
and Standing and Special Committees.
The Committee of the Whole House is composed of the whole number of the Members
of the House. & -
The Standing Committee shall be divided into several branches according to the
requirements of business; and in order to engage in the examination of matters falling
within its province, the several Sections shall, from among the Members of the House,
respectively elect an equal number of members to the Standing Committeeeship. The term
of the Standing Committeeship shall last during a single session only.
The Special Committees shall be chosen by the House and specially entrusted with the
examination of a certain particular matter J.
ARTICLE XXI.—The Chairman of the Committee of the Whole House shall be elected
for each session at the beginning of the same. - -
The Chairman of both the Standing and Special Committees shall be respectively elected
at the meetings of the Committees, by and from among the members thereof, *
14 - THE CONSTITUTION OF JAPAN.
O =
ARTICLE XXII.-No debate can be opened nor can any resolution be passed by the
Committee of the Whole House, unless more than one third of the entire number of the
members of the House is present, or by either the Standing or by the Special Committees,
unless more than one half of the members of the same is present.
ARTICLE XXIII.-No stranger, other than Members of the House, shall be admitted to
the meetings of either the Standing or of the Special Committees. Members may also be
excluded from such meetings by resolution of the respective Committees.
ARTICLE XXIV.—The Chairman of each Committee shall report to the House concerning
the proceedings and results of the meetings of the Committee over which he presides.
Article XXV-Each House may, at the request or with the concurrence of the
,Government, cause a Committee to continue the examination of Bills during the interva
when the Diet is not sitting.
CHAPTER W.—SITTINGS.
ARTICLE XXVI.-The President of each House shall determine the orders of the day and
report the same to the House over which he presides. - -- ;
In the orders of the day, the Bills brought in by the Government shall have precedence,
except when the concurrence of the Government has been obtained to the contrary, in case of
urgent necessity for debates.
ARTICLE XXVII-A project of law shall be voted upon, after it has passed through
three readings. But the process of three readings may be omitted, when such a course is
demanded by the Government, or by not less than ten Members, and agreed to by a
majority of not less than two-thirds of the members present in the House.
ARTICLE XXVIII.-Bills brought in by the Government shall never be voted uponl
without having been first submitted to the examination of a Committee. But it may happen
otherwise, when it is so demanded by the Government in case of urgent necessity.
ARTICLE XXIX.--When a Member moves to introduce a Bill or to make an amendment
of a Bill, such motion shall not be made the subject of debate, unless it is supported by
not less than twenty Members.
ARTICLE XXX.-The Government shall be at liberty at any time to either amend Or
withdraw any Bill which it has already brought in.
ARTICLE XXXI.-All Bills shall, through the medium of a Minister of State, be
presented to the Emperor by the President of that House in which the Bill has been last
voted upon. - *
When, however, a Bill originating in either one of the Houses has been rejected in the
other, the rule set forth in the second clause of Article LIV. shall be followed.
ARTICLE XXXII.—Bills which, after having been passed by both Houses of the Diet and
presented to the Emperor, may receive His sanction, shall be promulgated before the next
session of the Diet,
THE CONSTITUTION OF JAPAN. 15
Լ
CHAPTER WI.—PROROGATION AND CLOSING.
ARTICLE XXXIII.-The Government may at any time order the prorogation of either
House for a period of not more than fifteen days.
When either House again meets after the termination of the prorogation, the debates of
the last meeting shall be continued.
ARTICLE XXXIV.-In case the House of Peers is ordered to prorogue on account of the
d'ssolution of the House of Representatives, the rule set forth in the second clause of the
preceding Article shall not apply.
ARTICLE XXXV.-Bills, representations, and petitions, that have not been voted upon
up to the time of the closing of the Imperal Diet, shall not be continued at the next session.
It is, however, otherwise in the case mentioned in Article XXV.
ARTICLE XXXVI.-The closing of the Diet shall be effected in a joint meeting of both
Houses, in accordance with Imperial Order. -
CHAPTER VII.—SECRET SITTINGS
ARTICLE XXXVII.-In the following cases, sittings of either House may be held
with closed doors:—
1. Upon motion either of the President or of not less than ten Members and agreed
to by the House.
2. Upon the demand of the Government.
ARTICLE XXXVIII.--When a motion to go into secret sitting is made either by the
President or by not less than ten Members, the President shall cause the strangers to
withdraw from the House, and shall then proceed, without debate, to take votes upon the
motion. . *
ARTICLE XXXIX.-The proceedings of a secret sitting shall not be made public.
CHAPTER VIII.—THE PASSING OF THE BUDGET.
ARTICLE XL.--When the Budget is brought into the House of Representatives by the
Government, the Committee on the Budget shall finish the examination of the same,
within fifteen days from the day on which it received it, and report thereon to the House.
ARTICLE XLI.-No motion for an amendment to the Budget can be made the subject of
debate at a sitting of the House, unless it is supported by not less than thirty Members.
CHAPTER IX—THE MINISTERS OF STATE AND THE DELEGATES OF
THE GOVERNMENT.
ARTICLE XLII.—The Ministers of the State and the Delegates of the Government shall
be allowed at any time to speak. But the speech of no Member shall be interrupted that
they may do so. 3.
- ARTICLE XLIII.--When a Bill has been referred in either House to a Committee, the
Ministers of State and the Delegates of the Government may attend the meetings of the
Committee and there express their opinions. -
16 THE CONSTITUTION OF JAPAN,
ARTICLE XLIV.-A Committee in meeting may, through the President, demand explana- .
tions from the Delegates of the Government. -
ARTICLE XLV.-The Ministers of State and the Delegates of the Government, except such
of them as are Members of the House, shall have no vote in the House.
ARTICLE XLVI.- When a meeting of either a Standing or of a Special Committee is to
be held, the Chairman thereof shall every time report the fact to the Ministers of State and
to the Delegates of the Government concerned in the matter to be considered. ..
ARTICLE XLVII.-The orders of the day and the notice relating to debates shall simul-
taneously with the distribution thereof among the Members, be transmitted to the Ministers
of State and to the Delegates of the Government.
CHAPTER X.—QUESTIONS.
ARTICLE XLVIII.--When a Member in either House desires to put a question to the
Government, he shall be required to obtain the support of not less than thirty Members.
In putting such question, the Member proposing it shall draw up a concise memorandum
and present it to the President, after he shall have signed it conjointly with the supporters.
ARTICLE XLIX.—The President shall transmit the memorandum on questions to the
Government. A Minister of State shall then either immediately answer the questions, or
fix the date for making such answer, and when he does not do so, he shall explicitly state
his reasons therefor. - -
ARTICLE L.—When an answer has been or has not been obtained from a Minister of
State, any Member may move a representation concerning the affairs of the questions.
CHAPTER XI.-ADDRESSES AND REPRESENTATIONS.
ARTICLE LI.--When either House desires to present an address to the Emperor, it shall
be presented by it in writing; or the President may be directed, as the representative of the
House, to ask an audience of the Emperor, and present the same to Him. 4. ‘.
The representations of either House to the Government shall be presented in writing.
ARTICLE LII.—No motion for such address and representation shall in either House be
made the subject of debate, unless, at least thirty Members support it.
CHAPTER XII-THE RELATIONS OF THE Two HOUSES OF THE
DIET TO EACH OTHER.
ARTICLE LIII.-With the exception of the Budget, the Bills of the Government may be
brought in either one of the Houses first, according to the convenience of the case.
ARTICLE LIV.—When a Government Bill has been passed in either House with or
without amendment, it shall then be carried into the other House. When the second House
either concurs in or dissents from the vote of the first House; it shall, simultaneously with
addressing the Emperor, report to the first House. - - -
In case a Bill introduced by either House is rejected by the other House, the second
House shall report the fact to the first House. -
THE CONSTITUTION OF JAPAN. 17
ARTICLE LV-When either House makes amendments to a Bill carried into it from the
other House, the Bill as amended shall be returned to the first House. When the first House
agrees to the amendments, it shall, simultaneously with addressing the Emperor, report to
the Second House. When, on the other hand, the first House does not agree to such
amendments, it may demand a conference of the two Houses.
When either House demands a conference, the other House cannot refuse it.
ARTICLE LVI.-Both Houses shall elect an equal number, not more than ten, of Mana-
gers to meet in conference. When the Bill in question has been adjusted in the conference,
the adjusted Bill shall be discussed first in that House which had either received it from the
Government or had initiated it, and the Bill is then carried to the other House.
No motion for amendments can be made to a Bill that has been adjusted in a conference.
ARTICLE LVII.-The Ministers of State, the Delegates of the Government and the
Presidents of both Houses, are at liberty to attend a conference of the two Houses and to
express their opinions thereat.
ARTICLE LVIII–No strangers are allowed to be present at a conference of the two
Houses.
ARTICLE LIX.—At a conference of the two Houses, vote shall be taken by secret ballot.
In the event of a tie vote, the Chairman shall have the casting vote. -
ARTICLE LX.—The Managers from the two Houses shall separately elect one of them-
selves Chairman of the conference. The Chairman thus elected shall occupy the chair at
, alternate meetings of the conference. The Chairmanship of the first meeting shall be
settled by the drawing of lots
ARTICLE LXI.—All other regulations besides what is provided for in the present Chapter,
as to any business in which both Houses are concerned, shall be determined by a conference
of the two Houses.
CHAPTER XIII.—PETITIONS.
ARTICLE LXII.-All petitions addressed to either House by people shall be received
through the medium of a Member.
ARTICLE LXIII.-Petitions shall be submitted, in either House, to the examination of
the Committee on Petitions. º
When the Committee on Petitions considers that a petition is not in conformity with
the established rules, the President shall return it through the Member, through whose
medium it was originally presented.
ARTICLE LXIV.-The Committee on Petitions shall compile a list, in which shall be
noted the essential points of each petition, and shall report once a week to the House.
• When it is asked for by a special report of the Committee on Petitions or by not less
than thirty Members of the House, either House may proceed to debate on the matter of
the petition in question.
ARTICLE LXV.—When either House passes a vote to entertain a petition, the petition
shall then be sent to the Government, together with a memorial of the House thereon and
the House may, according to circumstances, demand a report thereon of the Government.
18 - THE CONSTITUTION OF JAPAN.
• ARTICLE LXVI—Neither House can receive a petition presented by a proxy, excepting
when such proxy is a party recognized by law as an artificial person.
ARTICLE LXVII.-Neither House can receive petitions for amending the Constitution.
ARTICLE LXVIII.-Petitions shall be in the form and style of a prayer. No petition,
that is not entitled such, or that does not conform, with the proper form and style, shall
be received by either House.
ARTICLE LXIX.-Neither House can receive a petition that contains words of disrespect
towards the Imperial Family or those of insult to the Government or the House.
ARTICLE LXX.—Neither House can receive petitions interfering with the administration
of justice or with administrative litigation.
ARTICLE LXXI.—Both Houses shall separately receive petitions and shall not interfere
each with the other in such matters.
CHAPTER XIV.- THE RELATIONS BETWEEN THE HOUSES AND THE PEOPLE,
THE GOVERNMENT OFFICES AND LOCAL ASSEMBLIES.
ARTICLE LXXII.-Neither House is allowed to issue notifications to the people.
ARTICLE LXXIII.-Neither House is allowed, for the prosecution of examinations, to
summon persons or to direct a member to repair outside the precincts of the House.
ARTICLE LXXIV.-When either House, for the purpose of examinations, asks the
Government for necessary reports or documents, the Government shall comply, provided
such reports or documents do not relate to any secret matter.
ARTICLE LXXV.-Other than with the Ministers of State and the Delegates of the
Government, neither House can hold any correspondence with any Government Office or
with any Local Assembly. * -
CHAPTER XV. RETIREMENTS AND OBJECTIONS TO THE QUALIFICATION
OF MEMBERS.
ARTICLE LXXVI.--When a Member of the House of Representatives has been appointed
a Member of the House of Peers, or has received an official appointment, which by law
disables him from being a member, he shall be considered as retired. - -
ARTICLE LXXVII.--When a Member of the House of Representatives has lost any of
the qualifications of eligibility mentioned in the Law of Election, he shall be considered as
retired. -
ARTICLE LXXVIII.--When an objection is raised in the House of Representatives as to
the qualifications of any of its Members, a Special Committee shall be appointed to examine
into the matter, upon a specified day, and the resolution of the House shall be taken upon
the receipt of the report of the said Committee.
ARTICLE LXXIX.--Whenever, in a Court of Law, Legal proceedings pertinent to elec-
tion suit have been commenced, the House of Representatives cannot institute enquiries into
the same matter, -
THE CONSTITUTION OF JAPAN. 19
Articus LXXX—Until the disqualification of a Member has been proved, he shall not
lose either his seat or his vote in the House. In debates relating to enquiries into his own
qualifications, a Member, though at liberty to offer explanations, cannot take part in
voting thereon.
CHAPTER XVI.—LEAVE OF ABSENCE, RESIGNATION, AND SUBSTITU-
- TIONAL ELECTION.
ARTICLE LXXXI.—The President of either House shall have the power to grant to
Members a leave of absence for a period not exceeding a week. As to a leave of absence for
a period of more than a week, permission may be given by the House. No permission shall
be given for a leave of absence for an unlimited period of time.
ARTICLE LXXXII.-No Member of either House can absent himself from the meetings
of the House or of a Committe, without forwarding to the President a notice setting forth
proper reasons therefor. -
ARTICLE LXXXIII.-The House of Representatives shall have power to accept the
resignation of a Member. - t.
ARTICLE LXXXIV.--When, from any cause whatever, a vacancy occurs among the Mem-
bers of the House of Representatives, the President shall report the fact to the Minister of
State for Home Affairs, demanding a substitutional election.
CHAPTER XVII.—DISCIPLINE AND POLICE.
ARTICLE LXXXV.-For the maintenance of discipline in either House during its ses.
sion, the power of internal police shall be exercised by the President, in accordance with the
present Law and such regulations as may be determined in the respective Houses.
- ARTICLE LXXXVI.-Police officials required by either House, shall be provided by the
Government and put under the direction of the President.
ARTICLE LXXXVII.--When, during a meeting of the House, any Member infringes
the present Law or the rules of debate, or in any way disturbs the order of the House, the
President shall either warn him, stop him, or order him to retract his remarks. When he
fails to obey the order of the President, the latter shall have the power either to prohibit him
from speaking during the remainder of the meeting, or to order him to leave the Hall
ARTICLE LXXXVIII.--When the House is in a state of excitement and it is found
difficult to maintain order, the President shall have power either to suspend the meeting or
close it for the day. - - -
ARTICLE LXXXIX-When any stranger disturbs the debate, the President may order
him to leave the House, and in case of necessity, may cause him to be handed over to a
police officer.
When the strangers' gallery is in a state of commotion, the President may order all
strangers to leave the House.
ARTICLE XC-When any person disturbs the order of the House, the Ministers of State,
the Delegates of the Government, and the Members, may call the attention of the
President thereto, * . -
20 THE CONSTITUTION OF JAPAN.
ARTICLE XCI.-In neither House shall the utterance of expressions or the making of
speeches, implying disrespect to the Imperial House, be allowed. **
ARTICLE XCII.-In neither House shall the use of coarse language or personalities be
allowed. te *
ARTICLE XCIII'—When any member has been vilified or insulted either in the House
or at a meeting of a Committee, he shall appeal to the House and demand that proper
measures be taken. There shall be no retaliation among Members.
CHAPTER XVIII. DISCIPLINARY PUNISHMENTS. *
ARTICLE XCIV.-Both Houses shall have the power to mete out disciplinary punishment
to the respective Members. -
ARTICLE XCV.-In each House there shall be instituted a Committee on Disciplinary
Punishment for making enquiries into cases of disciplinary punishment.
When a case for disciplinary punishment occurs, the President shall, in the first place,
instruct the Committee to enquire into the matter, and shall deliver sentence after having
submitted the case to the consideration of the House. f -
When a case for disciplinary punishment occurs at a meeting of a Committee or in a
Section, the Chairman of the Committee or the Chief of the Section shall report the matter
to the President and require measures to be taken thereon.
ARTICLE XCVI-Disciplinary punishments shall be as follows:—
1. Reprimands at an open meeting of the House.
2. Expression by the offenders of a proper apology at an * open meeting of
the House. -
3. Suspension of the offender from presence in the House for a certain length
of time. * .
4. Expulsion. - $º - .
In the House of Representatives, expulsion shall be decided upon by a majority vote of
more than two-thirds of the Members present. §
ARTICLE XCVII.—The House of Representatives shall have no power to deny a seat to
a Member that has been expelled, when he shall has been re-elected.
ARTICLE XCVIII.-Any Member shall, with the support of not less than twenty Members
have the right to make a motion for the infliction of a disciplinary punishment. s
A motion for a disciplinary punishment shall be made within three days from the com-
mission of the offence. * . .
ARTICLE XCIX.—When, for non-compliance, without substantial reasons, with the
Imperial Proclamation of convocation within one week from the date specified therein, or for
absence, without good reasons from the meetings of the House or of a Committee, or for
having exceeded the period of his leave of absence, a Member has received a summons from
fhe President and still persists in delaying his appearance without good grounds for so doing,
tor one week after the receipt of the said summons, he shall, in the House of Peers, be
suspended from taking his seat, and the matter shall be submitted to the Emperor for His
decision. " . .
In the House of Representatives, such Member shall be expelled therefrom,
THE CONSTITUTION OF JAPAN. 21
**m- º
LAW OF ELECTION FOR THE MEMBERS OF THE HOUSE OF
- REPRESENTATIVES.
We, with the advice of Our Privy Council, give Our Sanction to the Law of Election for -
the Members of the House of Representatives and to the Appendix thereof, and order the same
to be promulgated, and We at the same time order that, from the year of the convocation of
the Imperial Diet, elections be carried out in accordance with the present Law.
[His Imperial Majesty's Sign-Manual.]
[Privy Seal.]
The 11th day of the 2nd month of the 22nd year of Meiji.
(Countersigned)
Count KURODA KIYoTAKA,
Minister President of State.
Count Ito SHIROBUMI, * -
President of the Privy Council.
Count OKUMA SHIGENOBU,
Minister of State for Foreign Affairs.
Count SAIGo TsUKUMICHI,
Minister of State for the Navy.
Count INouyE KAORU, **
Minister of State for Agriculture and
Commerce.
Count YAMADA AKIYoshi,
Minister of State for Justice.
Count MATSUGATA MASAYoshi,
Minister of State for Finance and
Minister of State for Home Affairs.
Count OYAMA Iwao, - - -
Minister of State for War.
Wiscount MoRI ARINoRI,
Minister of State for Education,
Wiscount YENOMoro TAKEAKt,
Minister of State for Communications.
CHAPTER I.-ELECTION DISTRICTs.
ARTICLE I.-The Members of the House of Representatives shall be elected in the
election districts of each Fu (City) and Ken (Prefecture). The election districts, and the
number of Members to be elected in each district, are set forth in the Appendix of the present
Law, - - º - * * * -
22 THE CONSTITUTION OF JAPAN.
— *. -------
ARTICLE II.—The Governor of a Fu or of a Ken shall superintend elections in the
election districts in his Fu or Ken.
Elections in an election district shall be superintended either by the Guncho (Head of
Rural District) or by the Shicho (Head of Municipality) in the capacity of Chairman of
Election. r
ARTICLE III.--When an election district extends over more than one Gun (Rural District)
or Shi (Municipality), the Governor of the Fu or Ken shall appoint one of the Guncho or one
of the Shicho for the Chairman of Election.
ARTICLE IV.-When there are more than one election district within the limits of a Shi,
the Governor of the Fu or Ken shall appointed the Kucho (Head of Urban District) for the
Chairman of Election.
ARTICLE V.—Expenses of election shall be defrayed out of the local taxes.
CHAPTER II.-QUALIFICATIONS OF ELECTORS.
ARTICLE VI.-Every elector is required to possess the following qualifications:—-
1. He must be a male Japanese subject and be not less than full twenty-five years
of age. ,
2. He must have fixed his permanent residence and actually resided in the Fu or
Ken, for not less than one year, previous to the date of the drawing up of the
electoral list, and must be still residing therein. . e
8. For not less than one year previous to the date of the making out of the electoral
list, he must have been paying, in the Fu or Ken, direct national taxes to the
amount of not less than fifteen yen, and must be still paying the same.
But in the case of income tax, he must have been paying it for not less than full
three years previous to the same date, and must be still paying it.
ARTICLE VII.-In the case of a person that has succeeded to an estate by inheritance,
the amount of taxes paid on the estate by his predecessor shall be counted in for his
qualification. - -
CHAPTER III.-QUALIFICATIONS OF ELIGIBLE PERSONs.
ARTICLE VIII.-Those alone shall be eligible, that are male Japanese subjects of not
less than full thirty years of age, and that, in the Fu or Ken, in which they desire to be
elected, have been paying direct national taxes to an amount of not less than fifteen yen,
for a period of not less than one year, previous to the date of the making out of the electoral
list, and that are still paying that amount of direct national taxes.
As to income tax, however, it is required that eligible persons shall have been paying
it for a period of not less than three years previous to the date of the making out of the
electoral list, and that they be still paying it.
ARTICLE IX.—Officials in the Imperial Household Department, Officials of Justice,
Auditors, Revenue Officials, and Police Officials shall not be eligible,
THE CONSTITUTION OF JAPAN. 28
Officials other than those enumerated in the preceding clause may, so long as their official
functions are not thereby interfered with, serve as Members, retaining their official position.
ARTICLE X.—The officials of a Fu, Ken, or Gun shall not be eligible within the limits
the jurisdiction of their respective offices. - --
ARTICLE XI.-The officers of a Shi, Town or Village, engaged in the management of
an election, shall be not eligible within their respective election districts.
ARTICLE XII.-Shinto priests, and priests and teachers of religion of all kinds, shall
be ineligible. •. sºr -
ARTICLE XIII.--When a member of a Fu or Ken Assembly has been elected Member of
the House of Representatives, and has accepted the election, he shall resign his former seat.
CHAPTER IV.—RULES APPLICABLE IN COMMON TO ELECTORS AND TO
ELIGIBLE PERSONS. -
ARTICLE XIV.-Any person, falling within any of the following categories, shall be
disqualified as an elector or as an eligible person —
1. Lunatics and idiots.
2. Undischarged bankrupts. * . •
3. Persons who have been deprived of public rights or whose public rights are
suspended.
4. Those who have been sentenced to confinement, when full three years have not
yet elapsed since the completion or pardon of their sentences.
5. Persons who have been sentenced by the old Criminal Law to penal servitude.
for not less than one year, or to imprisonment for a political offence for not
less than one year, when full three years have not yet elapsed since the
completion or pardon of their sentences.
6. Persons who have been punished for gambling, when full three years have not
yet elapsed since the completion or pardon of their sentences. t
7. Persons whose right to elect and to be elected is suspended on account of an
offence connected with an election. - \
ARTICLE XV.-Men in the Army or in the Navy cannot exercise the right to elect or to
be elected, while they are in actual service. The same rule applies to those who have
temporarily retired from actual service, or who have been suspended therefrom. +
ARTICLE XVI.-The toshu (pater-familias) of families of nobility shall be incapable of
electing or of being elected Members of the House of Representatives.
ARTICLE XVII.-Any person, against whom a criminal prosecution has been brought,
and who is in detention or is under bail, shall be incapable of exercising the right to elect
or to be elected, until the completion of the proceedings.
*, CHAPTER W.–ELECTORAL LIST.
ARTICLE XVIII.-The Chairman of Election shall cause the Chocho (Head of Town)
and the Soncho (Head of Village) of an election district, to make a list of all the persons in
the district having qualifications to elect, and make out two copies thereof by the 1st of
Arpil in each year: one of the copies shall be forwarded to the Chairman of Election before
the 20th of the same month.
24 THE CONSTITUTION OF JAPAN.
In this electoral list shall be entered the name, official rank, profession, class, residence,
and date of birth of each elector, and the total amount of direct national taxes paid by him,
and the place in which such taxes are paid.
ARTICLE XIX.-In a Shi, the electoral list shall be made out in the following manner:—
1. When the whole Shiora Ku (Urban District) thereof constitutes an election district,
the Chairman of Election shall compile the electoral list.
2. When several Ku of a Shi are united into one election district, the Kucho of each
Ku shall compile the electoral list for his respective district, and forward it to
the Chairman of Election. º
8. When, in case Gun and Shi are united into one election district, the Guncho
assumes the functions of Chairman of Election, the Shicho shall compile the
electoral list and forward it to the Chairman of Election. -
4. In the case mentioned in the last clause, when the Shicho serves as Chairman
of Election, he shall compile the electoral list of the Shi.
ARTICLE XX.--When an elector is paying direct national taxes without the limits of
the selection district in which he is residing, he shall obtain, to that effect, the certificate
of the Chocho, Soncho, Shicho, or Kucho, of the place in which he is paying such taxes,
and forward it before the date for the compilation of the electoral list, to the Chocho,
Soncho, Shicho, or Kucho, entrusted with the management of the voting.
ARTICLE XXI-The Chairman of Election shall amalgamate into one all the electoral
lists forwarded by the respective Chocho, Soncho, Shicho, or Kucho, making one list for
each election district. He shall keep it in the Gun, Shi, or Ku Office, concerned in the
management of the election, and send a duplicate of it to the Governor of the Fu or Ken.
ARTICLE XXII.- The Chairman of Election shall, during fifteen days commencing from
the 5th of May in each year, exhibit for public inspection a copy of the electoral list of
each election district, in the Gun, Shi or Ku Office concerned in the management of the
election. -
ARTICLE XXIII.--When any one possessing the qualifications to elect, discovers an
omission or the wrong registration of a name in an electoral list, he may claim that correction
be made, by giving to the Chairman of Election, during the period of public inspection,
written notice and his reasons therefor, together with corroborative evidence.
After the expiration of the period for public inspection, no notice mentioned in the
foregoing clause shall be entertained.
- ARTICLE XXIV.—Upon the receipt of a notice about omission, the Chairman of Election
shall examine the reasons alleged and the evidence adduced, and shall give his decision
within twenty days from the receipt of such notice. When he decides the notice to be
relevant, he shall immediately register the name omitted, and communicate the circumstances
to the Chocho, Soncho, Shicho, or Kucho of the place in which the person in question is
residing, at the same time publishing the fact in the election district.
ARTICLE XXV. Upon the receipt of a notice of wrong registration, the Chairman of
Election shall examine the reasons alleged and evidence adduced, and in case of necessity
shall summon and examine the person, who has given the said notice, and the one concerning
whom the notice has been given. The matter shall be decided within twenty days from
THE CONSTITUTION OF JAPAN. 25
the receipt of the notice, and when it is decided to have been a wrong registration, it shall
be at once erased and the circumstances communicated to the Chocho, Soncho, Shicho, or
Kucho of the place in which the person in question is residing at the same time publishing
the fact in the election district. - -
ARTICLE XXVI—When either the person who has given the notice, or the person about
s whom it has been given, is not satisfied with the decision of the Chairman of Election, he
- may, within seven days from the day on which the said decision was given, institute
against the Chairman of Election a suit in a Court of First Instance.
ARTICLE XXVII.-Upon the receipt of the suit mentioned in the preceding Article, the
Court shall promptly proceed to the trial of the case, irrespective of its calender.
ARTICLE XXVIII.-No appeal is allowed against the judgment of the Court of First
Instance mentioned in the preceding Article, but it is permissible to bring an appeal to the
Court of Cassation for revision.
ARTICLE XXIX.-The 15th of June shall be the date on which the electoral list
shall be finally settled, and it shall be maintained as it then may be until the day of
compilation the following year. When, however, any correction is to be made in pursuance
of the judgement of a Court of Law, the Chairman of Election shall make the said correction
within twenty-four hours from the receipt of such judgement, and shall communicate the
circumstance to the Chocho, Soncho, Shicho, or Kucho of the place in which the person,
who has given the notice, or the one about whom the notice has been given, is residing,
at the same time publishing the facts within the election district. -
CHAPTER WI.-DATE OF ELECTION AND WOTING PLACE.
ARTICLE XXX-Voting shall take place ordinarily on the 1st day of July. In the
case, however, of the dissolution of the House of Representatives, the date of an extraordinary
election shall be fixed and proclaimed by Imperial Ordinance, at least thirty days beforehand.
ARTICLE XXXI.-The voting place shall be opened in the Town or Willage Office or in
some other place named by the Chocho or the Soncho and shall be put under the management
of the Chocho or Soncho. -
ARTICLE XXXII.--When the number of electors in a Town or a Village is not numerous
enough to require the opening of a voting place, several Towns or several Willages or both,
may be united for the purpose. -
In this case, the Guncho shall, subject to the approval of the Governor of the Fu or
Ken, determine the Towns or Willages to be thus united, the voting place, and the Chocho
or Soncho under whose management the voting place is to be put.
ARTICLE XXXIII.-The Chocho or the Soncho shall nominate not less than two and
not more than five witnesses among the electors of the election district under his management,
and the notice of the nomination shall be sent to the persons nominated at least three days
previous to the day of election, requesting them to attend the voting place on that day.
The witnesses cannot decline their nomination without proper reasons.
26 * THE CONSTITUTION OF JAPAN.
CHAPTER VII.—WOTING.
ARTICLE XXXIV.-The voting shall commence at 7 o'clock a.m. and be closed at 6
o'clock p.m.
ARTICLE XXXV.-The ballot-box shall have a double lid, each fitted with a different
key. One of the two keys shall be put in the custody of the Chocho or Soncho, and the
other in that of the witnesses.
ARTICLE XXXVI.-Before the commencement of the voting the Chocho or the Soncho
shall, together with the witnesses, open the ballot-box in the presence of the electors on the
spot and show them that it is empty. ?'
ARTICLE XXXVII.-On the day of election,electors shall come in person to the voting
place and vote, after identifying themselves with their names in the electoral list.
ARTICLE XXXVIII.-The voting paper shall be of a uniform style in each Fu and Ken,
and shall be given to each elector, by the Chocho or the Soncho, at the voting place on the
day of election. - *
Every voter shall, at the voting place, inscribe upon the voting paper the name of the
person he votes for, then his own name and residence, and shall put his stamp upon it.
ARTICLE XXXIX.--When a voter declares himself incapable of forming the characters
required, the Chocho or the Soncho shall direct an officer to do so for him. The paper
shall next be read to the voter, who shall put his stamp thereon and then cast his vote.
These details shall be entered in the minutes of the voting.
ARTICLE XL.-In an election district where two or more than two Members are to be
elected, the method of “scrutin de liste’” shall be employed.
ARTICLE XLI.-No person, other than those entered in the electoral list, shall be
capable of voting. Should, however, any one come to the voting place on the day of
election, bringing with him a judgment of a Court of Law entitling him to have his name
entered in the electoral list, the Chocho or the Soncho shall give him a voting paper and
allow him to vote. The circumstances shall be entered in the minutes of the voting.
ARTICLE XLII.--When the time for closing the polling arrives, the Chocho or the Soncho
shall declare the fact and shut the ballot-box. After the shutting of the ballot-box, no voting
shall be allowed. -
ARTICLE XLIII.-The Chocho or the Soncho shall keep minutes of the voting, in which
are to be entered all matters relating to the voting, and to which he shall put his signature
as shall also the witnesses theirs. *
ARTICLE XLIV.—On the day following that of election, the Chocho or Soncho shall send,
in company with one or more witnesses, the ballot-box and the minutes of the voting, to
the Gun, Shi, or Ku Office concerned in the management of the election.
ARTICLE XLV.-In the case of an island situated in an election district, whence there
are circumstances to make it impossible to send the ballot-box within the time mentioned
in the preceding Article, the Governor of the Fu or Ken may fix a convenient date for voting,
between the day of the settlement of the electoral list and the date of the election, and cause
the ballot-box to be sent by the date of the election.
THE CONSTITUTION OF JAPAN. - 27
CHAPTER VIII.—ELECTION MEETING.
ARTICLE XLVI.-The election meeting shall be held in the Gun, Shi, or Ku Office,
entrusted with the management of the election. -
ARTICLE XLVII.-The Chairman of Election shall nominate by lot an Election
Committee of not less than three and of not more than seven persons, from among the
witnesses assembling from the different voting places.
ARTICLE XLVIII.-On the day following that of the transmission of the ballot-boxes,
the Chairman of Election shall open each ballot-box in the presence of the Election
Committee, and shall count the total number of ballots and that of the voters. When there
is any difference between the total number of ballots and that of the voters, the fact shall
be entered in the minutes of the election.
ARTICLE XLIX-When the counting has been finished, the Chairman of Election shall
inspect the ballots in company with the Election Committee.
ARTICLE L.—The electors may request admission to the election meeting of their
respective election districts.
ARTICLE LI.—The following ballots shall be void :—
1. Those of persons whose names are not recorded in the electoral list. It is,
however, otherwise in the case of a person who has voted in virtue of a
judgment of a Court of Law, which he had brought with him.
2. Ballots for which a regular voting paper has not been used.
8. Ballots, on which the voter's name is not stated.
4. Those on which the name of a person who has no qualifications for election, is
inscribed. But, in the case of a “scrutin de liste,” such a ballot shall have
effect with respect to such of the persons named therein as do possesss those
qualifications.
5. Those on which either the name of the voter or that of the person voted for
cannot be deciphered on account of erroneous characters used, stains, erasures,
or injuries. It is otherwise when the ordinary kana characters are used, or
when the name, though formed of wrong characters, may be clearly recognized.
6. Those in which words other than those specified in the second clause of Article
XXXVIII, are written. But it is not the same when the official rank,
profession, class and residence of the person voted for, have been added, so that
there might not be mistake of identification, or when titles of respect have
been used. -
ARTICLE LII.-When any doubt arises as to the validity of a ballot, the Chairman of
Election shall decide, after having heard the opinion of the election Committee. Against
this decision no objection can be raised at the election meeting. *... -
ARTICLE LIII.-Those ballots that are void shall be crossed across, and the circumstances
shall be recorded in the minutes of election. Such ballots shall be preserved for a year, and
at the expiration of that time shall be destroyed by fire.
28 THE CONSTITUTION OF JAPAN.
ARTICLE LIV.--When a ballet contains more than the fixed number of names of persons
to be voted for, the names in excess of the fixed number shall be struck off, commencing
with the last. -
When a “scrutin de liste” contains less than the fixed number of names, only those
actually put down upon it shall be counted. In case the name of one person is written twice,
it shall be counted as one vote.
ARTICLE LV-Ballots shall be preserved for sixty days in the Gun, Shi, or Ku Office,
but shall be destroyed by fire at the expiration of the said period.
ARTICLE LWF.—When, concerning an election suit, either a criminal accusation or
indictment has been brought, the ballots shall be preserved until the settlement of the case,
without any regard to expiration of the periods mentioned in Article LIII. and in Article LW.
ARTICLE LVII.-The Chairman of Election shall make minutes of the election, in
which shall be recorded all matters relating to the inspection of the election, and shall
preserve them after putting his signature and obtaining those of the members of the Election
Committee to them also.
CHAPTER IX.—ELECTED PERSONS.
ARTICLE LVIII.-The individual who has obtained a relative majority of the total
number of ballots shall be declared the elected person. - -
When the number of ballots is equal, the individual the senior in point of birth shall
be declared the elected person, and when the dates of birth are the same, it shall be decided
by drawing lots. -
ARTICLE LIX.—When the elected persons have been settled, the Chairman of Election
shall at once communicate his or their names and the number of his or their ballots to the
Governor of the Fu or Ken.
ARTICLE LX.—Upon the receipt of the communications mentioned in the preceding
Article, the Governor of the Fu or Ken shall give notice to each of the elected persons, and
shall notify their names throughout the district under his jurisdiction.
ARTICLE LXI.—Upon the receipt of notice of election, every elected person shall
communicate to the Governor of the Fu and Ken, as to whether he accepts it or not.
ARTICLE LXII.-Any individual who has been declared elected in several election
districts, shall upon the receipt of the notice of election communicate to the Governor of the
Fu or Ken which election he accepts. *.
ARTICLE LXIII.-Those elected persons shall be considered to have declined their election
who, being then within the respective Fu or Ken, have not made the communication of
acceptance within ten days, or who, being then out of the respective Fu or Ken, have
not made such communication within twenty days. -
ARTICLE LXIV.--When an elected person either declines the election or does not send
in the communication of acceptance of election within the fixed period, the Governor of the
Fu or Ken shall fix the date of election, and cause the respective Chairman of Election to
hold a new election. But in the case mentioned in the second clause of Article LVIII,
should any individual, who has been declared an elected person by the drawing of lots, either
THE CONSTITUTION OF JAPAN. 29
—-g
decline or fail to send in the communication of acceptance, the other person, who has lost
the election by the said drawing of lots, shall be declared the elected persons.
ARTICLE LXV.—When it has been settled who are the elected persons in every election
district, the Governor of the Fu or Ken shall give them certificates of election, and notify
their names throughout the extent of his jurisdiction. He shall then report thereon to the
Minister of State for Home Affairs, with the statements of the qualifications of the
elected persons.
CHAPTER X. —TERM OF MEMBERSHIP AND SUBSTITUTIONAL ELECTIONS.
ARTICLE LXVI.-The term of membership shall be four years. After the expiration of
their term, Members may again accept election. - |
ARTICLE LXVII.--When, upon the occurrence of a vacancy among Members, the
Minister of State for Home Affairs orders the Governor of the respective Fu or Ken to
hold a substitutional election, the latter shall cause an extraordinary election to be held in
the respective election district for the election of a substitutional Member, within twenty days
from the day on which he received the order of the said Minister of State.
ARTICLE LXVIII.-The term of substitutional membership shall correspond to that of
the predecessor.
CHAPTER XI.—REGULATION OF WOTING PLACES.
ARTICLE LXIX.-The Chocho or Soncho charged with the management of voting shall
maintain order at the voting place, and, in a case of necessity, may deliver an offender to
the police authorities to be dealt with by them. - -
ARTICLE LXX.—No person carrying weapons or arms is permitted to enter a voting place.
ARTICLE LXXI-No person, who is not an elector, is permitted to enter a voting place.
ARTICLE LXXII.-At a voting place it is forbidden to make speeches, to engage in
discussions, to cause an uproar, or to use persuasion for the votes of other people.
ARTICLE LXXIII.--When any person disturbs the order of a voting place, the Chocho
or Soncho shall give him warning, and, when the warning is disregarded, shall cause him to
leave the voting place.
ARTICLE LXXIV-A person, who has been compelled to leave a voting place, may,
unless he has become an offender against law, again be called therein for the purpose of voting.
ARTICLE LXXV.--When any of the electors assembled at a voting place transgresses
either the provisions of the Criminal Law or the punitive rules of the present Law, he shall
be forbidden to vote, and his name and the circumstances shall be recorded in the minutes
of the election. - *
ARTICLE LXXVI—As to the decision of the Chocho or Soncho on a dispute relating
to an election, no objection against it can be raised at the voting place.
ARTICLE LXXVII-Any person who requests admission to an election meeting held at
the Gun, Shi, or Ku Office charged with the management of election, shall be treated by the
Chairman of Election according to the provisions set forth in the five Articles from LXIX
to Article LXXIII,
30 THE CONSTITUTION OF JAPAN.
CHAPTER XII.-LAW SUITS ABOUT ELECTION.
ARTICLE LXXVIII.--When a person who has lost an election considers that there is
sufficient reason to make void the election of the person in the respective election district, he
may institute a suit in a Court of Appeal against the elected person, within thirty days from
the day of the notification of the name of the elected person as mentioned in Article LXV.
No suit brought after the expiration of the above mentioned period shall be entertained.
ARTICLE LXXIX.-The plaintiff shall, simultaneously with the filing of his petition,
deposit as security in the Clerk's Bureau of the Court of Appeal three hundred yen in cash or
Public Bonds of equal value. -
ARTICLE LXXX.-In case the judgment has been given against the plaintiff, should he
fail to pay the whole amount of the legal costs within seven days from the day on which the 3.
judgment was delivered, the security money shall be appropriated for the purpose, and should
there still remain any deficiency, the required amount shall be charged to the plaintiff.
ARTICLE LXXXI.-In case two or more than two plaintiffs have brought a suit against
one and the same elected person, the Court of Appeal may deliver judgment to all the
plaintiffs by one and the same document. -
ARTICLE LXXXII.-Should the House of Representatives be ordered to dissolve while
the trial is going on, the Court of Appeal shall dismiss the suit. *
ARTICLE LXXXIII.--When the plaintiff withdraws his suit, he shall give public notice
of the fact though the medium of a newspaper or by some other method. - -
ARTICLE LXXXIV.-In trying a suit about an election, a Court of Appeal may directly
deliver judgment on those offenders against the Criminal Law or the present Law, who are
connected with the suit at issue. In this case, however, the Public Prosecutors must be
present. - -
In case he is not connected with a suit about an election an offender against the present
Law shall be tried in the Criminal Court having jurisdiction over him.
ARTICLE LXXXV.--When a suit about an election is decided in a Court of Appeal, a
copy of the judgment shall be sent to the Minister of State for Home Affairs; and on the
opening of the House of Representatives, another copy shall be sent to the President thereof.
ARTICLE LXXXVI.-Against the judgment of a Court of Appeal on a suit about an
election, an appeal may be made for revision to the Court of Cassation. -
ARTICLE LXXXVII.-An elected person, who is the object of suit, shall not lose the
right of a seat in the House of Representatives, pending the final decision of the Court of Law.
ARTICLE LXXXVIII.-In connection with a suit about an election, in all matters not
provided for in the present Chapter, the process of ordinary legal proceeding shall be followed.
CHAPTER XIII.-PUNITIVE RULES.
ARTICLE LXXXIX.--Any person, who has effected the insertion of his name in the
electoral list by fraudulently falsifying the amount of his tax paid, his age, residence, or any
other facts necessary for the qualifications of an elector shall be liable to a fine of not less
than four yen and of not more than forty yen,
THE CONSTITUTION OF JAPAN. . 31
ARTICLE XC.—Any person, who either directly or indirectly, has given or has promised
to give an elector money, goods, notes, or public or private employment, with the object of
obtaining a vote for himself, of enabling another person to obtain the same, or of pre-
venting the elector from voting for another person, shall be liable to a fine of not less than
five yen and of not more than fifty yen.
The same rule applies to the person who has received such gift or promise.
ARTICLE XCI.-Any person, who has either obtained a vote for himself, or has enabled
another person to obtain the same, or has prevented an elector from voting for another
person by either directly or indirectly giving or promising to give the elector money, goods,
notes, or public or private employment, shall be dealt with according to the provision of
Art. 284 of the Criminal Law.
Any person who has voted or who has refrained from voting in consideration of such
gift or promise shall be dealt with in a like manner.
ARTICLE XCII.-Any person who has done violence to an elector with the object of
obtaining a vote for himself, or enabling another person to obtain the same, or of preventing
an elector from voting for another person, shall be sentenced to a minor confinement with-
out hard labour of not less than one month and of not more than six months, with a fine
of not less than five yen and of not more than fifty yen.
ARTICLE XCIII.-Any person who, by doing violence to an elector, has obtained a vote
for himself, or enabled another person to obtain the same, or has prevented the elector from
voting for another person, shall be liable to be sentenced to a minor confinement without
hard labour of not less than three months and of not more than two years, with a fine of not
less than ten yen and of not more than a hundred yen. *
ARTICLE XCIV.-Whoever assembles a crowd of people for the purpose of either
intimidating electors, of causing disturbance at a voting place or at an election meeting, or
of detaining, damaging, or plundering a ballot-box, shall be liable to be sentenced to a
minor confinement without hard labour of not less than six months and of not more than
two years, with a fine of not less than ten yen and of not more than a hundred yen.
Whoever knowingly joins such a crowd and adds to its influence, shall be liable to a
minor confinement without hard labour of not less than fifteen days and of not more than
two months, with a fine of not less than three yen and of not more than thirty yen.
Should the offender be carrying weapons or arms, one degree shall be added to the
principal punishment.
Article XCV.--Whoever at the time of election, by force, or by doing violence to the
election officers or witnesses, either disturbs a voting place or a place of election meeting, or
detains, damages, or plunders a ballot-box, shall be liable to a minor confinement without
hard labour of not less than four months and of not more than four years, with a fine of
not less than twenty yen and of not more than two hundred yen.
Should the offender be carrying weapons or arms, one degree shall be added to the
principal punishment, -
32 - THE CONSTITUTION OF JAPAN.
ARTICLE XCVI.--Whoever commits either one of the offences mentioned in the preceding
Article, by assembling a crowd of people, shall be liable to a major imprisonment without
hard labour. & -
Whoever knowingly joins such a crowd and adds to its influence, shall be liable to a minor
confinement without hard labour of not less than two years and of not more than five years.
Should the offender be carrying weapons or arms, one degree shall be added to the
principal punishment. -
ARTICLE XCVII—Whoever instigates a person or persons by means of speeches,
newspapers, or writings of any kind, to commit any of the offences mentioned in the
preceding three Articles, shall be liable to be dealt with according to the provision of Art.
105 of the Criminal Law. In case the instigation has not produced any effect, the
principal punishment shall be commuted by two or three degrees.
ARTICLE XCVIII.--Whoever enters a voting place or a place of election meeting
carrying weapons or arms, shall be punished with a fine of not less than three yen and of
not more than thirty yen. - -
ARTICLE XCIX.—Should an elected person have been sentenced to any of the
punishments mentioned in the ten Articles from Article LXXXIX. to Article XCVIII.,
the election shall be void.
ARTICLE C.—Any person who has voted by fraudulently assuming another person's name
or has voted, in spite of his disqualifications according to Article XIV., shall be punished
with a fine of not less than four yen and of not more than forty yen.
ARTICLE CI—Whoever has, for commission of any of the offences mentioned in the
foregoing Articles, been sentenced to a punishment severer than confinement, or has
been twice sentenced to fines, shall be suspended from the exercise of the right to elect
and to be elected for a period of time not less than three years and not more than seven
years. - - -
ARTICLE CII.-Should a witness fail to discharge any of the duties mentioned in
the provisions of the present Law without any justifiable reason, he shall be punished
with a fine of not less than five yen and of not more than fifty yen. -
ARTICLE CIII.-As to offences other than those for which provisions are made in the
present Chapter, they shall be dealt with in accordance with the provisions of the Criminal
Law, when such provisions are expressed therein, and the severer punishment shall be
applied.
ARTICLE CIV.-In all offences relating to elections, six months shall be considered as
the term of prescription of penalties.
ARTICLE CV.-The present punitive rules, as well as the Articles of Chapter XI., shall
be posted up at every voting place of election meeting.
|
CHAPTER XIV.-SUPPLEMENTARY RULES.
ARTICLE CVI.-In every Shi, there shall be established one voting place, and the
management of all votings and elections as specified in the present Law shall be taken
charge of by the Shicho, - w
THE CONSTITUTION OF JAPAN, 88
In the case mentioned in Article IV., one voting place shall be established in each election
district, and the management of all votings and elections as specified in the present Law shall
be taken charge of by the Kucho.
ARTICLE CWII.-In the case mentioned in the preceding Article, the Shicho or the Kucho
shall nominate not less than three and not more than seven witnesses from among the
electors'in the election district under his management, and shall give notice of nomination to
them, at least three days previous to the date of election, at the same time requesting them to
be present on the day of election at the Shi or Ku Office concerned in the management of
election.
The witnesses shall be present at the voting, and shall also inspect the ballots.
In this case, matters relating to voting shall also be recorded in the minutes of election.
ARTICLE CVIII.-In localties where the Toshi (Governor of Island) is appointed, the
functions of Chairman of Election mentioned in the present Law shall be discharged by the
Toshi. - +
ARTICLE CIX.—In Towns and Villages where the Law for the Organization of Towns
and Villages is not in force the functions of the Chocho or the Soncho mentioned in the
present Law shall be taken charge of by the Kocho (Headman).
ARTICLE CX.—In the first year of the compilation of the electoral list, those persons
who have continuously been paying in full amount since the coming into force of the Law
of Income Tax, an amount of income tax equal to that specified in Article VI. and
Article VIII., shall be considered to have fulfilled the condition as to the period of tax
payment required in tax qualification.
ARTICLE CXI.—In the Hokkaido, in the Okinawa Ken, and in the Ogasawara-jima,
the present Law shall not be carried out, pending the carrying out therein of general
laws for the organization of local government. -
APPENDIX OF THE LAW OF ELECTION OF THE MEMBERS OF THE
HOUSE OF REPRESENTATIVES. &
Tokyo FU.—Total number of Members, 12. District I.-Kojimachi Ku, Azabu Ku,
Akasaka Ku, 1. District II.-Shiba Ku, 1. District, III.-Kyobashi Ku, 1. District IV.—
Nihonbashi Ku, 1. District W.-Honjo Ku, Fukagawa Ku, 1. District VI.-Asakusa Ku,
1. District VII.-Kanda Ku, 1. District VIII.-Shitaya Ku, Hongo Ku, 1. District IX.
—Koishikawa Ku, Ushigome Ku, Yotsuya Ku, 1. District X. —Higashitama Gun, Minami-
toshima Gun, Kitatoshima Gun, 1. District XI.-Minamiadachi Gun, Minamikatsushika
Gun, 1. District XII.-Ebara Gun, the Seven Islands of Izu, 1.
Kyoto Fu.--Total number of Members, 7. District I.--Kamigyo Ku, 1. District II.—
Shimogyo Ku, 1. District III.-Otagi Gun, Kadono Gun, Otokuni Gun, Kii Gun, 1.
District IV.-Uji Gun, Kuse Gun, Soraku Gun, Tsuzuki Gun, 1. District W.-Minami-
kuwata Gun, Kitakawta Gun, Funai Gun, Amata Gun, Ikaruga Gun, 2. District VI.
—Kasa Gun, Yosa Gun, Naka Gun, Takano Gun, Kumano Gun, 1.
34 THE CONSTITUTION OF JAPAN.
Osaka Fu-Total number of Members, 10. District I.-Nishi Ku, 1. District II.—
Higashi Ku, Kita Ku, 1. District III.-Minami Ku, 1. District IV.-Nishinari Gun,
Higashinari Gun, Sumiyoshi Gun, 2. District W.-Shimakami Gun, Shimashimo Gun,
Teshima Gun, Nose Gun, 1. District VI.-Matsuda Gun, Katano Gun, Sasara Gun,
Rawachi Gun, Wakae Gun, Takayasu Gun, 1. District VII.--Ishikawa Gun, Yakami
Gun, Furuichi Gun, Yasukabe Gun, Nishikibe Gun, Tannan Gun, Shiki Gun, Tanhcku
Gun, Ogata Gun, Shibukawa Gun, 1. District VIII.-Sakai Ku, Otori Gun, Izumi Gun, 1.
District IX. —Minami Gun, Hine Gun, 1. -
KANAGAwa KEN —Total number of Members, 7. District I.-Yokohama Ku, 1.
District II.-Kuraki Gun, Tachibana Gun, Tsuzuki Gun, 1. District III.--Minamitama
Gun, Nishitama Gun, Kitatama Gun, 2. District IV.-Miura Gun, Kamakura Gun, 1.
District V.-Koza Gun, Aiko Gun, Tsukui éun, 1. District VI.-Osumi Gun, Yorogi
Gun, Ashigarakami Gun, Ashigarashimo Gun, 1. +
Hyogo KEN.—Total number of Members, 12. District I.-Kobe Ku, 1. District
II.-Muko Gun, Uhara Gun, Kawanobe Gun, Arima Gun, 1. District III. —Taki Gun,
Higami Gun, 1. District IV.-Yatabe Gun, Akashi Gun, Mino Gun, 1. District V.-Kako
Gun, Innami Gun, 1. District VI.-Kato Gun, Taka Gun, Kasai Gun, 1. District
VII.-Shikito Gun, Shikisai Gun, Jinto Gun, Jinsai Gun, 1. District VIII.-Itto
Gun, Issai Gun, Ako Gun, Sayo Gun, Shisawa Gun, 2. District IX. —Kinosaki Gun, Mikumi
Gun, Keta Gun, Izushi Gun, Shitsumi Gun, Futagata Gun, Yabu Gun, Asago Gun, 2.
District X-Tsuna Gun, Mihara Gun, 1.
NAGASAKI KEN.—Total number of Members, 7. District I.--Nagasaki Ku, Nishisonogi
Gun, 2. District II.-Higashisonogi Gun, Kitatakaku Gun, 1. District III.-Minami.
takaku Gun, 1. District IV.-Kitamatsuura Gun, Iki Gun, Ishida Gun, 1. District W.-
Minamimatsuura Gun, 1. District VI.-Kamiagata Gun, Shimoagata Gun, 1.
NIIGATA KEN.—Total number of Members, 13. District I.-Niigata Ku, Nishikanbara
Gun, 1. District II.-Kitakanbara Gun, Higashikanbara Gun, Iwafune Gun, 2. District
III.-Nakakanbara Gun, 1. District IV.-Minamikanbara Gun, 1. District W.—Koshi
Gun, Mishima Gun, 2. District VI.-Kariha Gun, 1. District VII.-Kitauonuma Gun,
Minamiuonuma Gun, Nakauonuma Gun, Higashikubiki Gun, 2. District VIII.-Nakakubiki
Gun, Nishikubiki Gun, 2. District IX.-Sawada Gun, Kamo Gun, Hamo Gun, 1.
SAITAMAKEN.—Total number of Members, 8. District I.-Kitaadachi Gun, Niikura Gun,
1. District II-Iruma Gun, Koma Gun, Yokomi Gun, Hiki Gun, 2. District III.-
Minamisaitama Gun, Kitakatsushika Gun, Nakakatsushika Gun, 2. District IV.—Kita-
Saitama Gun, Osato Gun, Hara Gun, Hanzawa Gun, Obusuma Gun, 2. District W.—
Kodama Gun, Kami Gun, Naka Gun, Chichibu Gun, 1.
GUMMA KEN.—Total number of Members, 5. District I.-Higashigumma Gun, Minami-
seta Gun, Tone Gun, Kitaseta Gun, 1. District II.-Nitta Gun, Yanrada Gun, Ora Gun,
1. District III.-Sai Gun, Nawa Gun, Midorino Gun, Tago Gun, Minamikanra Gum,
1. District IV.-Nishigumma Gun, Kataoka Gun, Azuma Gun, 1. District V.—Kitakanra
Gun, Usui Gun, 1. -
THE CONSTITUTION OF JAPAN. 35.
CHIBA KEN.—Total number of Members, 9. District I.-Chiba Gun, Ichihara Gun, 1.
District II—Higashikatsushika Gun, Inba Gun, Shimohabu Gun, Minamisoma Gun, 2.
District III. Katori Gun, 1. District IV.-Unakami Gun, Sosa Gun, 1. District V.--
Yamabe Gun, Musa Gun, 1. District VI.-Isumi Gun, Kamihabu Gun, Nagara Gun, 1.
District VII.-Mota Gun, Shusu Gun, Amaha Gun, 1. District VIII.-Awa Gun, Hei Gun,
Asai Gun, Nagasa Gun, 1.
IBARAki KEN.—Total number of Members, 8. District I.-Higashiibaraki Gun, Kajima
Gun, Namekata Gun, 2. District II.--Taga Gun, Kuji Gun, Naka Gun, 2. District III.
—Nishiibaraki Gun, Makabe Gun, 1. District IV.--Toyoda Gun, Yuki Gun, Okada Gun,
Nishikatsushika Gun, Sarushima Gun, 1. District W,--Tsukuba Gun, Niibari Gun, 1.
District VI.-Shida Gun, Kawachi Gun, Kitasoma Gun, 1. t
TooHIGI REN.—Total number of Members, 5. District I.-Kawachi Gun, Haga Gun,
1. District II.-Kamitsuga Gun, Shimotsuga Gun, Samukawa Gun, 2. District III.-Aso
Gun, Ashikaga Gun, Yanada Gun, 1. District IV.-Shiwoya Gun, Nasu Gun, 1.
NARA KEN.—Total number of Members, 4. District I.-Sokami Gun, Soshimo Gun,
Yamabe Gun, Hirose Gun, Heguri Gun, 1. District II.-Shikijo Gun, Shikige Gun, Uda
Gun, Toichi Gun, Takaichi Gun, Katsujo Gun, Katsuge Gun, Oshiumi Gun, 2. District
III–Uchi Gun, Yoshino Gun, 1. \,
MIE KEN.—Total number of Members, 7. District I.-Ano Gun, Ichishi Gun, 1. Dis-
trict II.-Mie Gun, Suzuka Gun, Ange Gun, Kawawa Gun, 1. District III.-Kuwana Gun,
Inabe Gun, Asake Gun, 1. District IV.-Iidaka Gun, Iino Gun, Take Gun, 1. District
W.—Watarai Gum, Toshi Gun, Ago Gun, Kitamuro Gun, Minamimuro Gun, 2. District
WI.-Ahai Gun, Yamada Gun, Nabari Gun, Iga Gun, 1. *:
AICHI KEN.—Total number of Members, 11. District I.-Nagoya Ku, 1. District II.-
Aichi Gun, 1. District III.-Higashikasugai Gun, Nishikasugai Gun, 1. District IV.-Niwa
Gun, Haguri Gun, 1. District W.-Nakajima Gun, 1. District VI.-Kaito Gun, Kaisai
Gun, 1. District VII.-Chita Gun, 1. District VIII.-Aomi Gun, Hazu Gun, 1. District
IX. —Nukada Gun, Nishikamo Gun, Higashikamo Gun, 1. District X.-Kitashitara Gun,
Minamishitara Gun, Hoi Gun, 1. District XI-Atsumi Gun, Yana Gun, 1.
SHIzuoka KEN.—Total number of Members, 8. District I.-Abe Gun, Udo Gun, 1.
District II.-Fuji Gun, Ihara Gun, 1. District III.-Shida Gun, Masutsu Gun, 1. District
IV.-Haibara Gun, Sano Gun, Kito Gun, 1. District W-Suchi Gun, Toyoda Gun, Yamama
Gun, Iwata Gun, 1. District VI.-Nagakami Gun, Fuchi Gun, Hamana Gun, Inasa Gun,
Aratama Gun, 1. Distrisct VII.-Naka Gun, Kamo Gun, Kuntaku Gun, Takata Gun,
Sunto Gun, 2. •
YAMANASHI KEN.—Total number of Members, 3. District I.—Nishiyamanashi Gun,
I(itakoma Gun, Nakakoma Gun, 1. District II.-Higashiyamanashi Gun, Minamitsuru Gun,
Kitatsuru Gun, 1. District III.-Higashiyatsushiro Gun, Nishyatsushiro Gun, Minamikoma
Gun, 1.
36 - g THE CONSTITUTION OF JAPAN.
SHIGA KEN.—Total number of Members, 5. District I.--Shiga Gun, Takashima Gun,
1. District II.-Koga Gun, Nosu Gun, Kurimoto Gun, 1. District III.-Inukami Gun,
Echi Gun, Kanzaki Gun, Gamo Gun, 2. District IV.-Nishiasai Gun, Higashiasai Gun,
Ika Gun, Sakata Gun, 1. - - .
GIFU KEN.—Total number of Members, 7. District I-Atsumi Gun, Katagata Gun,
Kakami Gun, 1. District II.-Fuwa Gun, Apachi Gun, 1. District III–Raisai Gun,
Shimoishizu Gun, Tagino Gun, Kamiishizu Gun, Haguri Gun, Nakajima Gun, 1. District
IV.-Ono Gun, Ikeda Gun, Motosu Gun, Mushiroda Gun, Yamagata Gun, 1. District
W.—Mugi Gun, Gujo Gun, 1. District VI.--Kamo Gun, Kago Gun, Toki Gun, Ena Gun,
1. District VII.-Ono Gun, Masuda Gun, Yoshiki Gun, 1. -
NAGANo KEN.—Total number of Members, 8. District I.—Kamiminochi Gun, Sarashina
Gun 1. District II.-Shimominochi Gun, Kamitakai Gun, Shimotakai Gun, 1. District
III.-Chiisagata Gun, Hashina Gun, 1. District IV.-Nishichikuma Gun, Higashichikuma
Gun, Minamiazumi Gun, IKitaaZumi Gun, 2. District W.-Minamisaku Gun, Kitasaku
Gun, 1 District VI.-IKamiina Gum, Suwa Gun, 1. District VII.—Shimoina Gun, 1.
MIYAGI KEN.—Total number of Members, 5. District I.-Sendai Ku, Natori Gun,
Miyagi Gun, 1. District II.-Shibata Gun, Karita Gun, Igu Gun, Watari Gun, 1. District
III––Kurokawa Gun, Rami Gun, Shida Gun, Tamatsukuri Gun, Tota Gun, 1. District
IV.-Kuribara Gun, Toyoma Gun, 1. District W.-Momofu Gun, Oshika Gun,
Matoyoshi Guyn, 1. * - -
FUKUSHIMA IKEN.—Total number of Members, 7. District I.-Shinobu Gun, Date
Gun, 1. District II.-Adachi Gum, Asaka Gun, 1. District III.-Tamura Gun, Iwase
Gun, Higashishirakawa Gun, Nishishirakawa Gun, Ishikawa Gun, 2. District IV.--
Minamiaizu Gun, Kitaaizu Gun, Onuma Gun, Yama Gun, Kawanuma Gun, 2. District
W.-Kikuta Gun, Iwasaki Gun, Iwaki Gun, Naraha Gun, Shineha Gun, Namekata Gun,
Uda Gun, 1.
Iwate KEN.—Total number of Members, 5. District I.-Minamiiwate Gun, Kitaiwate
Gun, Shiba Gun, Ninohe Gun, 1. District II*—Higashibelli Gun, Makahehi Gun, Kitahehi
Gun, Minamikunolle Gun, IVitakunohe Gun, 1. District III.-Hienuki Gun, Higashiwaga
Gun, Nishiwaga Gun, Nishihelii Gun, Minamihehi Gun, 1. District IV.-Esashi Gun,
Isawa Gun, Kesen Gun, 1. District W-Nishiiwai Gun, Higashiiwai Gun, 1.
AoMORI KEN.--Total number of Members, 4. District I.-Higashitsugaru Gun,
Iamikita Gun, Shimokita Gun, Sannohe Gun, 2. District II.-Kitatsugaru Gun, Minami.
tsugaru Gun, 1. District III.-Nakatsugaru Gun, Nishitsugaru Gun, 1.
YAMAGATA IEN.—Total number of Members, 6. District I.-Minamimurayama Gun,
IHigashimurayama Gun, Nishimurayama Gun, 2. District II.-Higashiokitama Gun,
Minamiokitama Gun, Nishiokitama Gun, 1. District III—Atami Gun, Nishitagawa Gun,
IIigashitagawa Gun, 2, District IV.-Mogami Gun, Kitamurayama Gun, 1,
§
THE CONSTITUTION OF JAPAN. 37
AKITA KEN.—Total number of Members, 5. District I.-Minamiakita Gun, 1. District
II.-Yamamoto Gun, Kitaakita Gun, Kazuno Gun, 1. District III — Kawabe Gun, Yuri
Gun, 1. District IV.-Senboku Gun, Hiraka Gun, Okachi Gum, 2.
FUKUI KEN.—Total number of Members, 4. District I.-Asuha Gun, Ono Gun, 1.
District II.—Yoshida Gun, Sakai. Gun, 1. District III.-Nanjyo Gun, Imadate Gun, Nibu
Gun, 1. District IV.-Mikata Gun, Onifu Gun, Oi Gun, Tsuruga Gun, 1.
ISHIKAwa KEN.—Total number of Members, 6. District I.-Kanazawa Ku, Ishikawa
Gun, 2. . District II.-Nomi Gun, Enuma Gun, 1. District.III.-Kahoku Gun, Hagui
Gun, Kajima Gun, 2. District IV.--Fugeshi Gun, Suzu Gun, 1.
ToyAMA IKEN.—Total number of Members, 5. District I.-Kaminigawa Gun, Nehi Gun,
2. District. II.-Shimonigawa Gun, 1. District III.-Imizu Gun, 1. District IV.-
Tonami Gun, 1. 1 º *
ToTTORI REN.--Total number of Members, 3. District I.-Omi Gun, Homi Gun, Iwai
Gun, Yagami Gun, Hatto Gun, Chizu Gun, 1. District II.--Takakusa Gun, Rita Gun,
Kawamura Gun, Kume Gun, Yabase Gun, 1. District III.-Aseiri Gum, Aimi Gun, Hino
ſ 1 -
killll, R.
SHIMANE KEN.—Total number of Members, 6. District I.-Shimane Gun, Aika Gun,
Yu Gun, 1. District II.-Nogi Gun, Nita Gun, Ohara Gun, Iishi Gun, 1. District III.-
Shutto Gun, Tatenui Gun, Kando Gun, 1. District IV—Nima Gun, Anno Gun, Ochi
Gun, 1 District V.-Naka Gun, Mino Gun, Kanoashi Gun, 1. District VI.—Suki Gun,
Ochi Gun, Anna Gun, Chibu Gun, 1. -
Okayama KEN.—Total number of Members, 8, District I.-Okayama Ku, Mino Gun,
Jyodo Gun, Oku Gun, Kojima Gun, 2. District II.-Tsudaka Gun, Akasaka Gun,
Iwanashi Gun, Wake Gun, 1. District III.-Tsuu Gun, Kuboya Gun, Kayo Gun, Kado
Gun, 1. District IV—Asakuchi Gun, Oda Gun, Shitsuki Gun, 1. District W.—Jiobo
Gun, Kawakami Gun, Tetta Gun, Aga Gun, 1. District VI.-Majima Gun, Oba Gun,
Nishisaijo Gun, Nishihojyo Gun, Nishinanjyo Gun, Higashihojyo Gun, 1. District VII.—
Shohoku Gun, Shonan Gun, Yoshino Gun, Aita Gun, Kumehojyo Gun, Kumenanjyo,
Gun, 1. - -- -
HIROSHIMA KEN.—Total number of Members, 10, District I.—Hiroshima Ku, Aki
Gun, 2. District II.-Sahegi Gun, 1. District III—Numata Gun, Takamiya Gun,
Yamagata Gun, 1. District IV —Takada Gun, Miyoshi Gun, Mitani Gun, 1. District
V.—Kamo Gun, 1. District VI—Toyoda Gun, 1. District VII-Mitsugi Gun, Sera
Gun, 1. District VIII-Fukatsu Gun, Numakuma Gun, Anna Gun, 1. ‘District IX—
Ashida Gun, Homuji Gun, Jinseki Gun, Konu Gun, Nuka Gun, Mikami Gun, Eso Gun, 1.
YAMAGUCHI KEN.—Total number of Members, 7, District I.-Yoshiki Gun, Mine Gun,
Asa Gun, Saba Gun, 2. District II.-Amu Gun, Mishima Gun, Otsu Gun, 1. District
III–Akamagaseki Ku, Toyora Gun, 1. District IV.--Tsuno Gun, Kumake Gun, Oshima
Gun, 2, District W,--Kuga Gun, 1. - -
38 THE CONSTITUTION OF JAPAN.
WAKAYAMA KEN.—Total number of Members, 5. District I—Wakayama Ku, Nagusa
Gun, Ama Gun, Arita Gun, 2. District II.-Ito Gun, Naka Gun, 1. District III.-Hidaka
Gun, Nishimuro Gun, Higashimuro Gun, 2. -
Tokushima KEN.—Total number of Members, 5. District I.-Myoto Gun, Katsuura
Gun, 1. District II.-Naka Gun, Kaibu Gun, 1. District III.-MyoSai Gun, Awa Gun,
Oe Gun, 1. District IV.-Itano Gun, 1. District W.-Mima Gun, Miyoshi Gun, 1.
KAGAWA KEN.—Total number of Members, 5. District I.—Kagawa Gun, Yamada Gun,
Shodo Gun, 1. District II.-Ouchi Gun, Kangawa Gun, Miki Gun, 1. District III.-
Utari Gun, Aya Gun, 1. District IV.--Tado Gun, Naka Gun, 1. District W.--Toyoda Gun,
Mino Gun, 1.
EHIME KEN.—Total number of Members, 7. District I.-Onsen Gun, Wake Gun,
Kazahaya Gun, Noma Gun, Kume Gun, Iyo Gun, Shimoukena Gun, 2. District II.-Ochi Gun,
Kuwamura Gun, Shufu Gun, 1. District III.-Kita Gun, Kamifukena Gun, 1. District
IV.-Nii Gum, Uma Gun, 1. District W.-Nishiuwa Gun, Higashiuwa Gun, 1. District
WI.-Minamiuwa Gun, Kitauwa Gun, 1.
Kochi KEN.—Total number of Members, 4. District I.--Tosa Gun, Nagaoka Gun, 1.
District II.-Hata Gun, Takaoka Gun, Akawa Gun, 2. District III.-Kagami Gun, Aki
Gun, 1. • - - -
FUKUOKA KEN.—Total number of Members, 9. District I.-Fukuoka Ku, Ido Gun,
Shima Gun, Sawara Gun, 1. District II.-Kasuya Gun, Munekata Gun, Naka Gun, Mikasa
Gun, Mushiroda Gun, Jyoza Gun, Geza Gun, Yasu Gun, 2. District III.--Onga Gun, Kurate
Gun, Kama Gun, Honami Gun, 1. District IV.-Mii Gun, Mihara Gun, Yamamoto Gun, Ikuha
Gun, Takeno Gun, 1. District V.-Mitsuma Gun, Kozuma Gun, Shimozuma Gun, 1.
District VI.-Yamato Gun, Miike Gun, 1. District VII.-Kiku Gun, Tagawa Gun, 1.
District VIII.-Miyako Gun, Nakatsu Gun, Tsuiki Gun, Koge Gun, 1.
OITA KEN.—Total number of Members, 6. District I.-Oita Gun, 1. District II.—
Kitaamabe Gun, Minamiamabe Gun, 1. District III.-Ono Gun, Naori Gun, 1. District
IV.-Hayami Gun, Kusu Gun, Hida Gun, 1. District W.-Nishikunisaki Gun, Higashikuni-
saki Gun, 1. District VI.—Shimoke Gun, Usa Gun, 1.
SAGA KEN.—Total number of Members, 4. District I.-Saga Gun, Kanzaki Gun, Oki
Gun, Kii Gun, Yabu Gun, Mine Gun, 2. District II.-Higashimatsuura Gun, Nishimatsuura
Gun, 1. District III-Kinoshima Gun, Fujitsu Gun, 1.
KUMAMoTo KEN.—Total number of Members, 8, District I.-Kumamoto Ku, Akita Gun,
Takuma Gun, Udo Gun, 2. District II.-Tamana Gun, 1. District III.-Yamaga Gun,
Mamamoto Gun, Kikuchi Gun, Goshi Gun, Aso Gun, 2. District IV.-Kamimashiki Gun,
Shimomashiki Gun, 1. District W.-Yatsushiro Gun, Ashikita Gun, Kuma Gun, 1.
District VI—Amakusa Gun, 1.
THE CONSTITUTION OF JAPAN. 39
*
C
MIYASAKI KEN.—Total number of Members, 3. District 1.-Miyasaki Gun, Kitanaka
Gun, Minaminaka Gun, Koyu Gun, 1. District II.-Kitamorokata Gun, Nishimorokata
Gun, Higashimorokata Gun, 1. District III.-Higashiusuki Gun, Nishiusuki Gun, 1.
KAGoshima KEN.—Total number of Members, 7. District I.-Kagoshima Gun, Tawi-
yama Gun, Kitaosumi Gun, Kumake Gun, Komo Gun, 1. District II.-Kiire Gun, Ibusuki
Gun, Nini Gun, Kawanabe Gun, 1. District III.-Hioki Gun, Ata Gun, 1. District
IV.-Takaki Gun, Itsumi Gun, Minamiisa Gun, Satsuma Gun, Koshikishima Gun, 1.
District V-Hishikari Gun, Aira Gun, Kuwabara Gun, Nishiso Gun, Kitaisa Gun, 1.
District VI.-Minamimorokata Gun, Minamiosumi Gun, Kimotsuki Gun, Higashiso Gün,
1. District VII.-Oshima Gun, 1. -
THE LAW OF FINANCE,
We, with the advice of our Privy Council, hereby give Our Sanction to the present
Law of Finance and order it to be promulgated. - •
[His Imperial Majesty's Sign-Manual.]
- [Privy Seal.]
The 11th day of the 2nd month of the 22nd year of Meiji.
(Countersigned)
Count KURODA Kiyotaka,
". Minister President of State.
Count Iro HIROBUMI,
- President of the Privy Council.
Count OKUMA SHIGENOBU, .
Minister of State for Foreign Affairs.
Count SAIGo TsUKUMICHI,
Minister of State for the Navy,
Count INoUYE RAORU,
Minister of State for Agriculture and
Commerce.
Count YAMADA AKIYOSHI,
Minister of State for Justice.
Count MATSUKATA MASAYoshi,
Minister of State for Finance, and
Minister of State for Home Affairs.
Count OYAMA IWAo,
Minister of State for War.
Wiscount MoRI ARINoRI,
Minister of State for Education.
Wiscount Enomoto TAKEAKI,
Minister of State for Communications,
40 THE CONSTITUTION OF JAPAN.
CHAPTER I.-GENERAL RULES.
ARTICLE I.—The financial year of the Government shall commence on the 1st day
of the 4th month in each year, and end on the 31st day of the 3rd month of the following
year. -
All transactions of matters relating to receipt and disbursement of the revenues and
expenditures of each financial year, shall be completed on the 31st day of the 11th month
of the following financial year. - -
ARTICLE II.-All receipts from taxes and all other resources shall be treated as
revenues, and all expenses, as expenditures. Revenues and expenditures shall be embodied
in the general budget. - - -
ARTICLE III.-Sums appropriated for each financial year shall not be applied to the
payment of expenses belonging to another financial year. ---
ARTICLE IV.-No Government Office is allowed to keep special funds other than those
provided for by law or ordinance. º
CHAPTER II-BUDGET.
ARTICLE V.—The general budget of annual revenues and expenditures shall be laid
before the Imperial Diet of the previous year at the beginning of its session.
ARTICLE VI.-The general budget of annual revenues and expenditures shall be divided
into two parts, the ordinary and extraordinary; and each part shall be subdivided
into Titles and Paragraphs. - - -
The following documents shall accompany the budget for the information of the
Imperial Diet:- -
1. Paper stating the amount of the estimated expenses demanded by the
respective Departments of State. In this paper every item in each Paragraph
shall be explicitly stated. - g
2. Paper stating the actual accounts of the revenue and expenditure of the
financial year, ended on the 31st day the 3rd month of the current year.
ARTICLE VII.-The reserves to be provided in the budget shall be divided into the
following two classes:— t
1st reserve.
2nd reserve.
-The first reserve shall be used to supply deficiencies, which are unavoidable in the
budget. - W
The second reserve shall be used to meet necessary expenses unprovided for in the same.
ARTICLE VIII.-The account of sums defrayed out of the reserve shall, after the lapse
of the financial year, be laid before the Imperial Diet, and its approbation shall be sought.
ARTICLE IX—The maximum amount of the Treasury Bills to be issued during each
financial year, shall be determined with the consent of the Imperial Diet.
\
THE CONSTITUTION OF JAPAN. . 41
sº-º:
CHAPTER III—RECEIPTs.
ARTICLE X.—Taxes and other revenues shall be raised in accordance with provisions
of laws and ordinances. -
Taxes and other revenues shall not be levied except by officials qualified therefor by
law or ordinance, -
CHAPTER IV.-EXPENDITURES.
Anticle XI.-The amount appropriated for the expenses of the Government for each
financial year, shall be defrayed out of the revenues of the same financial year. .
ARTICLE XII.-The Ministers of State shall not apply the appropriations for any object
other than that prescribed in the budget; nor are they permitted to interchange the amounts
of appropriation in each Paragraph one for the other. - -
The Ministers of State shall hand over to the Treasury all receipts under their control,
and shall not make use of them directly. :
ARTICLE XIII—The Ministers of State shall draw order of payment upon the
Treasury, in order to defray the expenses appertaining to their respective administrations.
The power to issue order of payment, however, may be delegated to other functionaries
in accordance with rules specially provided for.
ARTICLE XIV.-The Treasury shall not make payment on such orders as are contrary
to the provisions of laws and ordinances. -
ARTICLE XV.-The Minister of State shall not issue order of payment, except in favour
of a legitimate creditor of the Government or his agent. -
For the expenses enumerated here below, the Ministers of State may, however, issue
order of advance payment to competent officials or to banks specially assigned by the
Government. s.
1. Payment on the principal and interest of national debts.
2. Expenses of troops and fleets, and Government vessels.
8. Expenses of Government Offices abroad. . '
4. All expenses to be paid in foreign countries, besides those mentioned in the
preceding clause. - + .
5. Expenses to be paid in those districts in the interior, where the means of
transportation and communication are incomplete.
6. Those miscellaneous ordinary expenses in the different Government Offices, of
which the whole annual amount is below five hundred Q/en. -
7. Expenses of Offices, the situation of which cannot be settled in one place.
8. Expenses of works carried out under direct supervision of the different Govern-
ment Offices, provided such oxpenses do not exceed three thousand yen for each
superintending official. - -
42 THE CONSTITUTION OF JAPAN,
CIIAPTISR W.—FINAL ACCOUNTS.
ARTICLE XVI.-General final accounts to be laid by the Government before the
Imperial Diet, after it has received the verfication of the Board of Audit, shall be drawn
up in the same form as the general budget, and shall contain explicit statements of accounts
as to the following particulars:—
- REVENUES,
Estimated amount of revenues. -
Ascertained amount of revenues.
Amount of revenues received.
Amount of revenues not yet received.
ExPENDITURES.
Estimated amount of expenditures, -
Amount of expenditures increased after the determination of the budget.
Amount of expenditures for which order of Payment had been issued.
Amount to be carried over to the next financial year.
ARTICLE XVII.-The following documents shall accompany the general accounts
mentioned in the preceding Article, together with the report of verification of the Board of
Audit:-
1. Reports of final accounts submitted by the respective Departments of State.
2. Accounts of the national debts. - -
8. Accounts of cases in which special modes of treatment are allowed.
CHAPTER v.–TERMS OF PRESCRIPTION.
ARTICLE XVIII–As to those liabilities of the Government, of which the creditor has
not made the demand of disbursement or of payment within five years, after the end of the
financial year in which the payment should have been made, they shall be considered
to have passed the term of prescription, and the Government shall be free from the
liability. But in case the term of prescription is fixed by a special law, the provision
of such law shall be followed. - -
ARTICLE XIX.--When, concerning any amount of mopey due to the Government
person has not received notice for payment within five years, after the end of the financia.
year in which such payment should have been made, he shall be freed from the
liability. But in case the term of prescription is fixed by a special law, the provision of such
law shall be followed. -
CHAPTER VII.—SURPLUS. TRANSFER OF APROPRIATIONS TO ANOTHER
FINANCIAL YEAR. RECEIPTS NOT PROVIDED IN THE BUDGET.
REFUNDING OF APPROPRIATION.
ARTICLE XX. —When there occurs a surplus in the annual accounts of a fri ncia
year, it shall be carried over to the revenues of the next financial year. i
ARTICLE XXI.—In case any express permission is specially provided in the budget
or in case expenses have not been wholly paid out during a financial year, on account
of delays caused by unavoidable circumstances in the progress of any work or manufacture
which had to be completed within the said financial year, the appropriations may be carried
over to, and disbursed in, the succ, eding year.
THE CONSTITUTION OF JAPAN. - 43
g---—
ARTICLE XXII.- In case the total amount of a continuing expenditure fund is determined
for any work, manufacture, or any other undertakings, which require a number of years for
completion, the surplus of each financial year may be successively carried over and
disbursed until the end of the year, in which the said work, manufacture, or other
undertakings shall be finished.
ARTICLE XXIII.-Money paid back for refunding sums which had been paid out in
mistake or had been overpaid, receipts belonging to a financial year of which the accounts
of receipts and payment have been finished, and all other receipts not provided in the
budget, shall be taken into the revenue of the current financial year. However, in the case
of an advance payment, of a disbursement in approximate amounts, or of a disbursement
by a temporary interchange of items, which has been made in accordance with the
provisions of law or Imperial Ordinance, the sums of money paid back may be applied for
refunding the respective appropriations, out of which they had been originally paid.
CII APTER VIII.—WORKS UNIDER THE GOVERNMENT. THE SALE AND
PURCHASE, AND LENDING AND BORROWING OF OBJECTS
ARTICLE XXIV.--Excepting the cases otherwise prescribed by law or Imperial
Ordinance, works under the Government, and the sale and purchase and lending and
borrewing of articles, shall be put to competition, by giving public notice. In the following
cases, however, contracts may be entered into at discretion, without resorting to the
3ompetitive means :— ſ
1. In the case of the purchase or borrowing of articles in the exclusive possession
of a single person or company. -
. In the case of works to be carried out, or of articles to be purchased or sold, or
to be lent or borrowed, under circumstances requiring the actions of the
Government to be kept secret. - .
3. In the case of extraordinary urgency, when there is no time to put to
competition the undertaking of a work, or the purchase or sale, or borrowing
or lending of articles.
4. In the case of articles which, on account of their peculiar nature, or on account
of the special object for which they are to be used, require to be purchased
directly in the place of production or manufaeture, or from the producers or
manufacturers. -
5. In the case of the purchase of manufactures or instruments, which cannot be
manufactured except by special artists. * *
6. In the case of the purchase or lease of lands and buildings, requiring particular
situation or construction. tº
7. In the case of contracts relating to works, and of the purchase or borrowing of
articles, of which the cost or value does not exceed five hundred yen.
8. In the case of the sale of movable properties, the estimated value of which does
not exceed two hundred yen. --~ -
9. In the case of the purchase of men-of-war.
10. In the case of the purchase of horses in the Army.
11. In case a work or manufacture is caused to be undertaken, or some articles are
purchased, for experimental purposes.
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44 THE CONSTITUTION OF JAPAN.
12. In the case of the employment of the poor belonging to a charity establishment,
i in the case of the direct purchase of things produced or manufactured
101'61]]. g . .
18. In the case of the employment of convict labour, or of the direct purchase of
things manufactured by the same, or in the case of the direct purchase of
articles produced or manufactured at an agricultural or industrial establish-
ment under the control of the Government. - ~
14. In the case of the sale of articles produced or manufactured or at an agricultural
or industrial establishment under the Government, or an establishment for
charity, education, or by convict labour. -
ARTICLE XXV.-No payment shall be made in advance for works or manufacture, or for
the purchase of articles, excepting in cases of men-of-war, arms, and ammunitions.
CHAPTER IX.—ACCOUNTING OFFICIALS.
ARTICLE XXVI.-Officials, who are charged with the receipt and disbursement of cash
and with serving articles in and out that belong to the Government, shall be responsible in
every case for the rºomey and articles under their management, and receive the verification
and decision of the Board of Audit. -
ARTICLE XXVII.-In cases where the officials mentioned in the preceding Article
lose or injure the cash or articles, by fire or flood, or by being robbed of or by any
other causes, they shall not be relieved from their responsibility, unless, by proving to the
Board of Audit that the loss or injury has been unavoidable in connection with the
custody, they shall have received decision of the said Board, discharging them from the
responsibility for the same. - - -
ARTICLE XXVIII.-The officials who may be required to deposit security for being
charged with the receipt or disbursement of cash and with serving articles in and out,
shall be determined by Imperial Ordinance. $ *
ARTICLE XXIX.-The capacity to order payment and that of dealing with the receipt
and disbursement of money, shall not be combined in one person at the same time.
CHAPTER X.—MISOELLANEOUS RULES.
ARTICLE XXX.-In case when it is difficult to follow the provisions of the present Law
on account of special requirements, a special mode of treatment may be allowed.
The establishment of a special mode of treatment shall be effected by law.
ARTICLE XXXI.—The Government may entrust the Nippon Ginko with the management
of the Treasury funds. -
CHAPTER XI.—SUPPLEMENTARY RULES.
ARTICLE XXXII.-The provisions of the present Law not relating to the Imperial Diet
shall come in force from the 1st day of the 4th month of the 23rd year of Meiji; and
those relating to the Imperial Diet shall come in force from the time of its opening.
The provisions of the present Law relating to the final accounts shall have application
from the accounts of the financial year for which the vote of the Imperial Diet shall have
been obtained.
ARTICLE XXXIII.-Laws and ordinances which are incompatible with any provision of
the present Law, shall be repealed from the day of the coming in force of such provision.
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