Page:United States Statutes at Large Volume 8.djvu/606

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TREATY WITH CHINA. 1844.

on by the parties, or settled by application to the consular officer of their government, without interference on the part of the local officers of the Chinese government.

ARTICLE IX.

Custom-house officers to be appointed to guard the vessels of U.S. on arrival, &c. Whenever merchant vessels belonging to the United States shall have entered port, the superintendent of customs will, if he see fit, appoint custom-house officers to guard said vessels, who may live on board the ship or their own boats, at their convenience; but provision for the subsistence of said officers shall be made by the superintendent of customs, and they shall not be entitled to any allowance from the vessel or owner thereof; and they shall be subject to suitable punishment for any exaction practised by them in violation of this regulation.

ARTICLE X.

Proceedings of vessels of the U.S. on their arrival in China. Whenever a merchant vessel belonging to the United States shall cast anchor in either of the said ports, the supercargo, master, or consignee, will, within forty-eight hours, deposit the ship's papers in the hands of the consul or person charged with the affairs of the United States, who will cause to be communicated to the superintendant of customs a true report of the name and tonnage of such vessel, the names of her men, and of the cargo on board; which being done, the superintendant will give a permit for the discharge of her cargo.

Penalties for discharging vessels without a permit. And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars; and the goods so discharged without permit shall be subject to forfeiture to the Chinese government. But if the master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duties on such port only, and to proceed with the remainder to any other ports.

Vessels departing within 48 hours, not to be subject to tonnage or other duties. Or, if the master so desire, he may, within forty-eight hours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case he will not be subject to pay tonnage or other duties or charges, until, on his arrival at another port, he shall proceed to discharge cargo, when he will pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held to be due after the expiration of said forty-eight hours.

ARTICLE XI.

Appointment of officers to ascertain the duties to be paid on goods imported. The superintendent of customs, in order to the collection of the proper duties, will, on application made to him through the consul, appoint suitable officers, who shall proceed, in the presence of the captain, supercargo, or consignee, to make a just and fair examination of all goods in the act of being discharged for importation, or laden for exportation on board any merchant vessel of the United States. And if dispute occur in regard to the value Disputes as to amount of duties, where and how settled.. of goods subject to an ad valorem duty, or in 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 afterwards, be referred to the said consul to adjust with the superintendent of customs.

ARTICLE XII.

Standards of weights and measures. Sets of standard balances, and also weights and measures, duly prepared, stamped, and sealed, according to the standard of the custom at Canton, shall be delivered by the superintendents of customs to the consuls at each of the five ports, to secure uniformity, and prevent confusion in measures and weights of merchandize.