890
COMMERCIAL TREATY BETWEEN FRANCE AND ANNAM
Provided with this declaration, the foreign merchants on their arrival in the other port shall only have to present it through the Consul to the Chief of Customs, who shall deliver for this part of the cargo, without delay or cost, a permit to dis- charge it free of dues; but if the authorities discover fraud or contraband articles among the goods thus re-exported, these shall be, after verification, confiscated to the profit of the Custom-house.
Art. XXII. No transhipment of goods can take place except under special perrait and in case of urgency. If the operation be indispensable, it must be referred to the Consul, who will deliver a certificate, on view of which the transhipment will be authorised by the Chief of Customs. The latter may always delegate an employé of his administration to assist in it.
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Every unauthorished transhipment, except in cases where there may be peril in delay, shall entail the confiscation to the profit of the Custom-house of the whole of the goods illicitly transhipped.
Art. XXIII.--In each of the ports open to foreign trade the Chief of Customs shall receive for himself and shall deposit at the French Consulate legal balances for goods and for money, in order that the weights and measures may exactly conform to the weights and measures in use in Annam, and they shall bear a stamp and seal attesting this conformity, These standarda shall be the basis of all liquidation of dues and payments to be made. They shall be referred to in case of dispate as to the weights or measure of goods, and the dispute shall be settled according to the results which they show.
Art. XXIV.--All merchandise imported or exported in a contraband manner by foreign ships or merchants, whatsoever may be their value and nature, as also every prohibited commodity fraudulently discharged, shall be seized by the local authority and confiscated. The Annamite Government may also, if it thinks proper, interdict the vessel taken in contravention of this from entering its ports and compel it to leave immediately after settlement of its accounts. If any foreign vessel sball fraudulently sail under a flag to which it is not entitled the French authorities shall take the necessary measures for the repression of this abuse.
The total proceeds of the sale of confiscated articles aball go to the Custom. house. The results of fines for contravention of the Customs regulations in the open porte shall also go to the Custom-house.
Art. XXV.-His Excellency the President of the French Republic may station ▲ ship of war in the open ports of the Empire where its presence may be judged necessary to maintain good order and discipline among the crews of mercbant vessels and to facilitate the exercise of the Consular authority. All necessary measures shall be taken in oriler that the presence of these ships of war may not entail any inéon- venience. Ships of war shall not be subject to any dues.
Art. XXVI.—Every French ship of war cruising for the protection of trade shall be received and treated as a friend in all the ports of Annam where it may present itself. These ships may there procure the divers articles of refitment and Fevictualling which they need, and if they have met with damage may repair, and to this end purchase the necessary materials, the whole without the least opposi tion.
The same shall apply to trading vessels, French or foreign, which, in consequence of serious damages or for other cause, are compelled to seek refuge in any port of Annam, But these vessels shall remain only temporarily, and as soon as the cause of their distress shall have ceased, they shall set sail and shall not be allowed to pro- long their stay or to trade.
If a vessel be wrecked upon the coast, the nearest authority, upon receiving in- formation, shall at onec send assistance to the crew, provide for their immediate wants, and take the necessary measures for the salvage of the vessel and the preservation of the merchandise. The authority shall then acquaint the nearest Consul or Consular Agent With the disaster, in order that the latter, in concert with the competent authorities, may Arrange means for assisting the crew and saving the remains of the ship and cargo.
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