Directory_and_Chronicle_1869 — Page 388

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TSIN TREATY, 1858,

shall be at liberty to engage the services of a pilot to take her into port. In like manner, after she has discharged all legal dues and duties, and is ready to take her departure, she shall be allowed to select a pilot to conduct her out of port.

Art. XXXVI.-- Whenever a British merchant-vessel shall arrive off one of the open ports, the Superintendent of Customs shail depute one or more Customs' officers to guard the ship. They shall either live in a boat of their own or stay on board the ship, as may best suit their convenience. Their food and expenses shall be supplied them from the custom-house, and they shall not be entitled to any fees whatever from he master or consignee. Should they violate this regulation, they shall be punished proportionately to the amount exacted.

Art. XXXVII.-Within twenty-four hours after arrival, the ship's papers, bills f lading, &c., shall be lodged in the hands of the Consul, who will within a further period of twenty-four hours report to the Superintendent of Customs the name of the ship, her registered tonnage, and the nature of her cargo. If, owing to neglect on the part of the master, the above rule is not complied with, within forty-eight hours after The ship's arrival, he shail be liable to a fine of fifty taels for every day's delay: the total amount of penalty, however, shall not exceed two hundred taels.

The master will be responsible for the correctness of the manifest, which shall coutain a full and true account of the particulars of the cargo on board.

For present. ing a false manifest, to a fine of five hundred tacls; but he will be allowed to correct, within twenty-four hours after delivery of it to the Customs' officers, any mistake he may discover in his manifest without incurring this penalty.

Art. XXXVIII-After receiving from the Consul the report in due form, the Superintendent of Customs shall grant the vessel a permit to open hatches. If the master shall open hatches, and begin to discharge any goods without such permission, he shall be fined five hundred taels, and the goods discharged shall be confiscated wholly. Art. XXXIX.--Any British merchant who has cargo to land or ship, must apply to the Superintendent of Customs for a special permit. Cargo landed or shipped without such permit, will be liable to confiscation.

Art. XL-No transhipment from one vessel to another can be made without special permission, under pain of confiscation of the goods so transhipped.

Art. XLI. When all dues and duries shall have been paid, the Superintendent → Customs shall give a port clearance, and the Consul shall theu return the ship's.

papers, so that she may depart on her voyage.

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Art. XLII.-With respect to articles subject, according to the Tariff, to an ad yulorem duty, if the British merchant cannot agree with the Chinese officers in affixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase them shall be assumed as the value of the goods.

Art. XLIII.-Duties shall be charged upon the net weight of each article, making a deduction for the tare weight of congee, &c. To fix the tare on any articles such as ten, if the British merchant cannot agree with the Custom-house officer, then ach party shall choose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon all other goods and packages. If there should be any other points in Jispute which cannot be settled, the British merchant may appeal to his Consul, who

vaill communicate the particulars of the case to the Superintendent of Customs, that t may be equitably arranged. But the appeal must be made within twenty-four hours or it will not be attended to. While such points are still unsettled, the Su- perinten lent of Customs shall postpone the insertion of the same in his books.

Art. XLIV Upon all damaged goods a fair re iuction on duty shail be allowed, proportionate to their deterioration. If any dispute arise, they shall be settled in the manner pointed out in the clause of this Treaty having reference to articles which pay duty ad valorem.

Art. XLV. British merchants who may have imported merchandize into any of the open ports, and paid the duty thereon, if they desire to re-export the same, shall