TREATY BETWEEN PORTUGAL AND CHINA.
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any other motive, this stipulation be not complied with within forty-eight hours after the arrival of the ship, the captain shall be subject to a fine of fifty taels for each day's delay over and above that period, but the total amount of the fines shall not exceed two hundred taels.
The captain of the ship is responsible for the correctness of the manifest, in which the cargo shall be minutely and truthfully described, subject to a fine of five hundred taels as penalty in case the manifest should be found incorrect. This fine, however, will not be incurred if, within twenty-four hours after the delivery of the manifest to the Custom-house officers, the captain expressed the wish to rectify any error which may have been discovered in the said manifest.
Art. XXVIII.-The Superintendent of Customs will permit the discharging of the ship as soon as he shall have received from the Consul the report drawn in due form. If the captain of the ship should take upon himself to commence discharging without permission, he shall be fined five hundred taels, and the goods so discharged. shall be confiscated.
Art. XXIX.-Portuguese merchants having goods to ship or to land, will have to obtain a special permission from the Superintendent of Customs to that effeot, without which all goods shipped or landed shall be liable to confiscation.
Art. XXX. No transhipment of goods is allowed from ship to ship without special permission, under penalty of confiscation of all the goods so transhipped.
Art. XXXI.-When a ship shall have paid all her duties, the Superintendent of Customs will grant, her a certificate and the Consul will return the papers, in order that she may proceed on her voyage.
Art. XXXII.—When any doubt may arise as to the value of goods which by the tariff are liable to an ad-valorem duty, and the Portuguese merchant disagrees with the Custom-house officers as regards the value of said goods, both parties will call two or three merchants to examine them, and the highest offier made by any of the said merchants to buy the goods will be considered as their just value.
Art. XXXIII.-Duties will be paid on the net weight of every kind of merchandise. Should there be any difference of opinion between the Portuguese merchant and the Custom-house officer as to the mode by which the tare is to be fixed, each party will choose a certain number of boxes or bales from among every hundred packages of the goods in question, taking the gross weight of said packages then the tare of each of the packages separately, and the average tare resulting therefrom will be adopted for the whole parcel.
In ca e of any doubt or dispute not mentioned herein, the Portuguese merchant may appeal to the Consul, who will refer the case to the Superintendent of Customs; this officer will act in such a manner as to settle the question amicably. The appeal, however, will only be entertained if made within the term of twenty-four hours; and in such a case, no entry is to be made in the Custom-house books in relation to the said goods until the question shall have been settled.
Art. XXXIV.-Damaged goods will pay a reduced duty proportionate to their deterioration; any doubt on this point will be solved in the way indicated in the clause of this Treaty with respect to duties payable on merchandise ad-valorem.
Art. XXXV.-Any Port guese merchant, who having imported foreign goods into one of the open ports of China and paid the proper duties thereon, may wish to re-export them to another of the said ports, will have to send to the Superintendent of Customs an account of them, who, to avoid fraud, will direct his officers to examine whether or not the duties have been paid, whether the same have been entered on the books of the Customs, whether they retain their original marks, and whether the en- tries agree with the account sent in. Should everything be found correct, the same will be stated in the export permit together with the total amount of duties paid, and all these particulars will be communicated to the Custom-house officers at other ports.
Upon arrival of the ship at the port to which the goods are carried, permission will be granted to land without any new payment of duties whatsoever, if upon ex-amination, they are found to be the identical goods; but if during the ex-