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ARTICLE XLIII
The duties will be paid on the net weight' of every kind of merchandize Should there be any dispute between the Portuguese merchant and the Custom house officer as to the mode by which the tafe 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.
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In case 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 to be made in the term of twenty-four hours; and in such a case, no entry: Custom house books in relation to the said goods until the question shall have been settled.
ARTICLE XLIV.
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 merchandize ad valorem...
ARTICLE XLV.
Every Portuguese merchant, who having imported goods into one of the open ports of China and paid the proper duties thereon, should 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 entries agree with the account sent in. Should every thing 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 the other ports.
Upon arrival of the ship at the port to which the goods are carried, permission will be granted to land, without any additional payment of duties whatsoever, if, upon examination, they are found to be the identical goods; but if during the examination, any fraud be detected the goods may be confiscated by the Chinese Government.
Should any Portuguese merchant wish to re-export to a foreign country any goods imported, and upon which duties have been already paid, he will have to make his application in the same form as exacted at the re-exportation of goods to another port in China; in which case a certificate of drawback or of restitution of duties will be granted, and which will be accepted by any of the Chinese Custom houses in payment for import or export duties.
Foreign cereals imported by by Portuguese ships into the ports of China may be re-exported without hindrance, if no portion of it has been discharged.
ARTICLE XLVI.
The Chinese authorities will adopt at the ports the measures which they may deem the most convenient to avoid fraud or smuggling.
ARTICLE XLVII.
Portuguese merchant ships may resort to only those ports of China which by this Treaty are declared open to commerce: It is forbidden to them to enter other of the ports, as well as to carry on a clandestine trade on the coast of China, and the transgressor of this order shall be subject to confiscation of his ship and cargo by the Chinese Government.
ARTICLE XLVIII.
If any Portuguese merchant ship is found smuggling, the whole of the cargo, no matter of what nature or value it may be, will be subject to confiscation by
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the Chinese authorities, who may send her away from the port, after settlement of all her accounts and prohibit her to continue to trade.
ARTICLE XLIX.
The proceeds of mulets and confiscations inflicted on Portuguese subjects in conformity to this Treaty, shall belong to the Chinese Government.
ARTICLE L.
All Portuguese ships-of-war which come with amicable intentions, or which cruize in pursuit of pirates, have full liberty to visit any of the ports in the dominions of the Emperor of China and therein provide themselves with water or purchase provisions, and to enable them to do this promptly every assistance will be given them, as well as towards repairing the ships when necessary. The Commanders of such ships will hold intercourse with the Chinese authorities upon terms of equality and courtesy.
ARTICLE LI
No Portuguese merchant or ship is allowed to carry provisions, arms or amunition of any kind to the rebels or pirates. And in case of contravention of this the ship will be confiscated together with her cargo and the guilty ones given up to the Portuguese Government to be tried and punished with the utmost rigor of the law.
ARTICLE LII.
All advantages and immunities which the Chinese Government may concede to any other nation hereafter shall be extended to the Portuguese Government. And on its part, the Portuguese Government, when another nation concedes to China any advantages, will show, likewise, its friendship in the best way possible.
ARTICLE LIH,
It being possible, notwithstanding that there exist peace and amity between Portugal and China, that in the future some question may arise which the two High Contracting Parties cannot easily decide by common accord, it is hereby expressly stipulated that, in such case, each of the Governments shall invite a Minister of any of the Foreign Nations who have Treaties with China to decide the question, and that, in case these two Ministers do not agree, a third one shall be named by them, with the accord of the two Governments, whose decision shall be definitive.
ARTICLE LIV.
The ratifications of the present Treaty, by His Most Faithful Majesty the King of Portugal and His Majesty the Emperor of China, shall be exchanged at Tien-tsin within the period of two years computed from the date of its signature. The ratifications being exchanged, the Chinese Government will communicate the Treaty to the High Authorities of all the Provinces in order that it may be put it in complete execution.
In testimony whereof the Plenipotentiaries signed and sealed the present Treaty.
Done at Tien-tsin on the thirteenth day of August in the year of Our Lord Jesus Christ one thousand eight hundred and sixty-two; corresponding to the 18th day of the 7th moon of the first year of Tung-che.
I. S.
Place of Seal of the two Chinese Plenipotentiaries.
(Signed) IZIDORO FRANCISCO GUIMARÃES.
HANG-KI.
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CHUNG HOU
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