Directory_and_Chronicle_1898 — Page 149

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TREATY BETWEEN UNITED STATES AND CHINA

the two governments will exert themselves to enforce order and to maintain the public peace, by doing impartial justice in the premises.

Art. XIX. Whenever a merchant vessel belonging to the United States shall cast anchor in either of the said ports, the supercargo, master, or consignee, shall, within forty-eight hours, deposit the ship's papers in the hands of the Consul or· person charged with his functions, who shall cause to be communicated to the Super- intendent of Customs a true report of the name and tonnage of such vessel, the number of her crew, and the nature of ber cargo, which being done, be shall give a permit for her discharge. And the master, supercargo, or cousignee, if he proc ed to discharge the cargo without such permit, shail incur a fine of five hundred dollars, and the goods so discharged without permit shall be subject t› forteiture to the Chinese G vernment. But if a master of any vessel in port desire to discharge a part only of the cargo, it shall be law.ul for in. t do so, paving duty on such part only, and to proceed with the remainder to any other ports. Or if the master so desire, he may within forty eight hours after the arrival of the vessel, but not later, decide to d part without breaking bulk; in which case i e shall n t be subj, et to pay tonnage or other duties or charges, until, on his arrival at another port, he shall proceed to discharge cargo when be shall pay the duties on vessel and cargo, according to law. And the tnna.e duties shall bhed due after the expiration of the said forty-eight hours. In eise of the absence of the Consul or person charged with his functions, th captain or superca go of the vessel may have recourse to the cousul of a friendly power; or, if he please, directly to th· Superintendent of Customs, who shall do all that is required to conduct th ship's business.

Art. XX.-The Superintendent of Customs, in order to the collection of the proper duties, shall, on application made to him through the Consul, appoint suitable officers, who shall proc ed, in the presence of the captain, supercargo, or consinee. to make a just and fair examination of all goods in the act of being discharged for importation, or laen for exportation, on board any merchant vessel of the United States. And if disputes occur in regard to the value of gools subject to ad valorem duts, or regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not after- wards, be ref rred to the sad Consul to adjust with the Superintendent of Customs. Art. XXI.-Citizens of the United States who may have imported m rchandise into any of the free ports of China, and paid the duty there n, if they desire to re-export the same in part or in whole to any other of the said ports, shall be ent tled to make application, through their Consul, to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made, by suitable offic rs, to see that the duties paid on such goods as are entered on the Custom- hous books correspon with the representation mad, and that the goods remain with their original marks unchanged, and shall hen make a memorandum in the port-cleara ce of the goods and the amount of duties paid on the same, and deliver the same to the mere ant, and shall also certify the facts to the officers of Customs at the other ports; all which being done, ou the arrival in port of the ves-el in which the goods are laden, and everything being oud, on examination there, to correspond, s e shall be permitted to break bulk, and land the said goods without being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation o the Chinese Government. Foreigu grain or rice brought into any port of China in a ship of the United States, and not landed, may be re-exportel without hindrance.

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Art. XXII.-The tonnage duty on vessels of the Unit d States shall be paid on their being admitted to entry. Duties of import shall be paid on the discharge of the goods, and duties of export on the lading of the same. When all such duties shall have been paid, and not before, the Collector of Customs shall give a port-clearance, and the Consul shall return the ship's papers. The duties shall be paid to the shroffs authorized by the Chinese Government to receive the same. Duties shall be paid and received either in sycee silver or in foreign money, at the rate of the day. If the

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