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ART. 19. From the amount of import duties 1.37 per cent shall be delivered to the corporations of the respective sea-port or frontier custom-houses.

ART. 20. I. To liquidate the duties of merchandise rated at gross weight shall be included in this, that of the common covers of wood, clay, or glass of whatever dimensions that contain them otherwise when the merchandise is rated at net weight duties will be collected for said common covers.

II. Fine covers remain subject to the payment of the corresponding duties according to their class, material, and value, even when the merchandise which they contain is rated at gross weight.

III. Interior wraps (abrigos) of merchandise shall not pay duty up to ten meters of coarse texture of cotton, linen, hemp, or wool.

IV. Blankets (sarapes), coverlets, or blankets (frasadas) are not comprehended in the preceding exemption, which, even when they come as wraps, shall cause the corresponding duties of this tariff.

CHAPTER VIII.

(See note 1, Appendix A, p. 351.)

APPRAISED VALUE OF MERCHANDISE.

ART. 21. I. Merchandise not specified in the tariff of this law shall pay 55 per cent. upon appraised value upon the highest wholesale market price. This value will be calculated by the appraiser of the custom-house who has been named to dispatch the goods and the interested party, in the presence of the collector of the port and the commander of the guards of the custom-house, or the clerk who they may name to act in their stead..

II. In case the consignee of the merchandise does not conform with such value, then the interested party and appraiser shall name a third person, whose decision shall be definitive. If there should not be consent in the naming of the third party the collector shall designate five persons between whom the importer shall choose one, and not doing it soon afterwards, the first one proposed shall be taken as the chosen one. ART. 22. When merchandise has to pay import duties upon invoice value, and the appraiser and the collector judge that the prices specified are very low, three appraisers, one named by the custom-house, another by the interested party or consignee, and the third by the same appraisers, shall name in anticipation in case of discord, and on such value that they may declare shall the duties have to be paid, not in any way taking into consideration the original consular invoice. If this val uation exceeds 10 per cent. of the price declared in the invoice, the interested party shall pay besides a fine of 25 per cent. upon the value made by the appraisers.

CHAPTER IX.

LOADING VESSELS IN FOREIGN COUNTRIES.

ART. 23. Those who send merchandise, dispatch the vessels, captains, supercargoes, consuls, and merchants that may have to certify to the consutar invoices of the trans

mitters, and the captain's consular manifests, shall respectively comply with the formalities that are expressed in the following sections of this chapter:

SECTION FIRST.-Obligations of the shippers or transmitters.

ART. 24. (For important changes, see note 3, Appendix A.) Whatever individual of a foreign country sends objects of commerce to this republic, even though free of duties or for federal offices of the states, they shall make out invoices in triplicate of all the commodities, fruits, or effects that he remits to each consignee.

These invoices shall be made out according to Model No. 1 that follows at the end of this tariff law, and they must contain

I. The name of the vessel, that of its captain, that of the port to which it is directed, that of the consignee of the articles contained in the invoice, and the name of the nation from which the merchandise originally proceeded, the date of the invoice, and the signature of the transmitter.

II. The expression, by figures and letters, of the number of bales, boxes, casks, packages, or whatever class of package in which the merchandise may come.

III. The mark and number that must be placed on each package excepting in respect to the following: iron machinery and material for railroads, which can come manifested with the weight of each part.

IV. A. The name, material, and class of the merchandise specified according to the tariff of this tariff law.

B. The quantity, by figures and letters, that must pay by the piece, pair, dozen, or thousand.

C. The net weight of merchandise that must pay by net weight, with the expression of the unit of weight which it takes for its base.

D. The length, width, and number of pieces of merchandise that must pay by measurement, expressing the unit of measure serving as the base.

E. The pieces of merchandise which must pay upon the invoice or appraised value, expressing the unit of money which it takes for its base.

V. In the invoices shall be expressed the value of the goods free of duty.

ART. 25. (For important changes, see note 3, Appendix A.) When in the same package merchandise comes expressed in the fractions of this tariff relating to small ware and hardware of different rates among them, each class must come in a separate wrapper, and be marked on it its respective weight, that the weight of all the bulk may be applied proportionally to the classes of merchandise which it includes.

If they lack these requisites, the duty that corresponds to the merchandise which has the highest rate fixed will be demanded upon the weight of the entire bulk. ART. 26. (For important changes, see note 3, Appendix A.) I. The transmitters of effects shall present for their certification three copies of each invoice to the consul, consular agent, or private commercial agent of Mexico who resides in the port where the vessel loads or in the place from which the merchandise proceeds.

In places where there is no consul or Mexican agent, the invoices may be certified by the consul of any friendly nation, and if there should not be one, by two merchants established in the place of the permission.

II. Effects which come to the Mexican territory in transit will be subject relatively to invoices and other custom-house requisites which are arranged by Chapter XVI of this tariff.

ART. 27. (For important changes, see note 3, Appendix A.) I. When any invoice shall lack any of the precautions contained in fractions I, II, III of article 24, there shall be imposed upon the consignee a fine of not less than $5 or more than $25, for each fault, according to what the collectors may think best in each case.

II. When there are in the invoices interlineal notes, erasures, defects, or corrections, there shall be imposed a fine of not less than $50 and not more than $200. III. When the manifestation of merchandise in consular documents is made in an ambiguous manner, designating only in general terms and without subjection to the nomenclature of the tariff of this tariff law, there shall be imposed a penalty of double duties on the merchandise which comes declared ambiguously, having this case to examine the entire bulk of the cargo.

IV. Invoices can continue to come in the language of the country from which the effects proceed, and the consignees will not incur the penalty of ambiguity pointed out in the preceding fraction always that the declarations are made in a determinate and clear manner that leaves no doubt respecting the rates or the tariff which must be applied to it.

ART. 28. (For important changes, see note 3, Appendix A.) 1. In fault of any of the requisites designated in fraction 4 of article 24, when said fault does not produce ambiguity, the penalty for which is double duties, according to fraction III of article 27 of this tariff law, the collectors shall impose in each case, according to the circumstances that concur, and for each one of the faults, a fine whose maximum shall not exceed $200.

II. When for lack of conformity of the interested parties it must, according to this tariff law, submit the case to a judicial decision, the latter is intended to determine if it had been a fault, being in such case the exclusive power of the collectors to fix afterwards the amount of the fine within the maximum designated.

ART. 29. (For important changes, see note 3, Appendix A.) I. For the simultaneous fault of the consular certification and receipt of the invoices, the penalty of paying double duty upon the merchandise which comes without invoice is imposed.

II. In case that the invoices are presented with the consular certification and do not present at the same time the corresponding receipt of the Mexican consul, a prudent time shall be conceded for its presentation, previously guaranteeing to the satisfaction of the respective custom-house.

III. When merchandise that comes without the consular certification and receipt are those which do not cause duties for the simultaneous fault of said documents, a fine shall be applied of not less than $5 nor more than $100, without prejudice that the fault is absolute.

The interested parties may form provisionally the invoices with all particulars doing the same at their cost and the due intervention of the custom-house until they present the originals.

IV. When the invoices do not express the value of the free effects there shall be imposed upon the consignee a fine of not less than $5 nor more than $100.

SECTION SECOND.-Obligations of captains and supercargoes.

Art. 30. The captain or supercargo of all classes of ships bringing merchandise to the republic sailing from any foreign port or ports are obliged to make one general manifest of such merchandise that they may bring for each port in Mexico according to Model No. 2, which must contain

I. Name and class of vessel or ship, of what nationality, number of tons in writing and numbers, name of captain, name of the port where she came from, the name of the Mexican port to which she is bound, and the name of the consignee.

II. Number of bales or packages, boxes, barrels, or packages, with their respective marks and numbers, with also the gross weight expressed in numbers and writing. III. General class of merchandise, the names and residence of the shipper as well as each consignee, with date, and signed by the captain.

IV. Should any sailing vessel when bringing merchandise to Mexican ports have merchandise for foreign ports, the captains must not only comply with the foregoing regulation, but also with what follows:

A. Deposit in the custom-house of each port in Mexico in which she may stop the respective documents of the cargo destined for foreign ports, presenting successively in such custom-houses a general manifest of said cargo made in the port where the ship was loaded, containing the total number of bales or packages, boxes, barrels, and packages, of all classes, with marks and numbers distinguishing each part of the cargo that is destined for each foreign port (if more than one). This manifest must come authorized by the Mexican consul or agent in the foreign port where the ip was loaded; if there are not either of these authorities, then by agent or other friendly nation; if this fail, then by two merchants in good standing.

B. The custom-house of the port in Mexico where the vessel stops first will note on the manifest the anterior paragraph, so as to show in the other Mexican ports that the captain has presented his documents. In the last port in Mexico where the vessel stops the custom-house will cancel his manifest, giving him a receipt for the same and sending the document to the minister of finance.

C. In case captains do not present their general manifests of the merchandise that they bring from a foreign port in the custom-house of the first Mexican port they may touch, then said custom-house will make, at the cost of the captain, such manifest, so as to let the other custom-house where the ship may stop note the same, so that it may be canceled according to law, fining the captain $1,000 for this fault. Should it be absolutely necessary, the merchandise must be discharged so as to form such manifest. V. The captains of steamers who bring merchandise to Mexico, and at the same time for foreign ports, besides complying with the obligations detailed in this tariff for captains and supercargoes, must present in the first Mexican port that they touch a list of the merchandise that they are taking for foreign ports, naming the lots they are taking for each port, so that such notice can be revised by the collector of said port and sent in a sealed envelope by said captain to the collector of customs of the next port where the steamer may touch, repeating this in each port up to the last, where such notice will be taken charge of and placed in the archives of the office, after taking a certified copy to send to the minister of finance.

ART. 31. I. The captains or supercargoes will present, to be certified before the consul, consular or commercial agent of Mexico, who resides in the port where the vessel is loaded, three copies of the general manifest of the merchandise which she brings for each one of the ports of the republic; and only in case there does not reside in such

port one of the functionaries above named, then the certificate can be taken from the consul of a friendly nation. If not this, then a certificate from two established merchants. Receiving these documents, the captains or supercargoes are bound to present them precisely at the first Mexican port where they commence to discharge cargo. II. The obligations expressed in the foregoing paragraphs must be complied with by the captain or supercargo, even if the vessel comes in ballast.

III. When vessels in ballast are dispatched directly to a Mexican port where there is no custom-house of the first-class, with the exclusive object of loading animals or wood, the captains will present to said custom-house his manifest made out according to the above-mentioned restrictions, expressing in the same the number of sailors and quantity of food he carries.

ART. 32. The captains or supercargoes are obliged to give to the officials of the custom-house when they come on board, when the ship has come to anchor, the general manifest of the cargo they bring, a list of the passengers, with class of their baggage, same as Model No. 3, as well also an entire list of the food or rations that are existing on board, according to Model No. 4.

ART. 33. The captain is obliged to keep in good state the seals that are placed by the custom-house officials on the hatches and bulkheads; should such seals be broken the captain has to prove that he was not the culpable party; if he can not do this, then to be fined not exceeding $500.

ART. 34. Should any of the requisites designated in the three first fractions of article 30 be not complied with, the delinquent can be fined in the sum of not less than $5 nor to exceed $25 for each fault, this being at the option of the collector of the port. Should there be found in the general manifest any interlining, rubbing out, additions of words, or altering of words, a fine will be made of not less than $50 and not exceeding $200.

ART. 34. Should there be any evasion or fraud in the certificates and consular receipts of the manifest before expressed in article 31, or should these documents not be forthcoming, the captain shall be fined $1,000. If he presents the manifest with the consul's certificate and without his receipt, then a reasonable time will be given him for such to be sent for, in the meantime giving a bond to the satisfaction of the collector for the production of same.

ART. 36. Should the documents, as expressed in article 32, not be given to the custom-house officers when they come on board, after the ship has come to an anchor, the fine will be not exceeding $200.

ART. 37. I. The captains or supercargoes have the privilege of rectifying and making additions to their manifests during the time of forty-eight hours, running from the time when the ship came to an anchor, giving the reasons for such additions or changes, protesting at foot that they proceed legally and in good faith; this document must be made in duplicate, according to Model No. 5.

II. The time indicated, forty-eight hours, are counted except on days when the custom-house is closed or when by natural causes the captain can not communicate with shore.

III. The changes or additions of manifest presented by the captain to the customhouse are examined, and without admitting or effusing (which solely depends upon the secretary of the treasury), the same are sent by first mail to the secretary of the treasury with the corresponding information and opinion of the collector of customs of the port.

These proceedings do not impede the discharging of the vessel, which can be commenced at once.

IV. In case the changes or additions of the manifest make more than 5 per cent. or make less than 5 per cent. of the total number of packages which the general manifest of the vessel calls for, the captains or supercargoes, if they can not pay then the consignees, will be fined by the collector of the port from $100 to $1,000, according to the gravity and circumstances of the case. A note of good value can be taken for the amount of fine until the secretary of the treasury decides the question.

SECTION THIRD.—Obligations of the consuls of the republic.

CERTIFICATES FROM CONSULS.

ART. 38. The consuls, vice-consuls, consular or commercial agents of the republic in a foreign country certify, in the form of Model 6, three copies of each factura or manifest, which must respectively be presented by the shipper of the merchandise and the captain of the vessel. Such documents can not be certified by the consuls if they are presented after the respective ships have left the port.

ART. 39. The consuls and agents will use two books to copy in, one the manifests and in the other an extract of the invoices, giving at once to the interested party a receipt for the invoice or manifest which he may present.

S. Doc. 231, pt 5-21

TARIFFS OF THE SEVERAL COUNTRIES.

The manifest as well as the invoice must be numbered consecutively, closing such numeration at the end of each fiscal year.

ART. 40. I. The consul will return one certified copy of the manifest or respective invoices to the captain or supercargo of the vessel, or to the shipper of the merchandise; another copy of the manifest and one of each of the invoices will be remitted by the consul under seal by the same vessel that takes the merchandise to the collector of the port to where the vessel is bound. To the collectors of the frontier customhouses the consul will also remit the same class of documents by the first safe opportunity. The third copy of same documents will be sent direct to the secretary of the treasury by the same ship; if not, then by first mail.

II. In case the invoice which has to be presented by the importers to the respective custom-house has been mislaid, the consuls or consular agents of the republic can give, on petition of the interested party, certificates as in Model No. 7.

ART. 41. The Mexican consuls must indicate all circumstances that they think important respecting mercantile expeditions that may be coming to any port of the republic, more particularly when they come from the port where he resides, and give an account to the secretary of the treasury by the quickest route possible.

ART. 42. The consuls and consular agents are obliged to give to captains of vessels and merchants who are wishing to bring merchandise to the republic all necessary data on importations that they may wish respecting the legislation and statistics of

same.

ART. 43. I. Each month the consul and consular agents will remit to the secretary of the treasury a notice of the ships dispatched to the ports of the republic, expressing their names and nationality, the captain, the names of the passengers, and general information as to the cargo she brings. Also sending notice of the vessels that arrive at the port of their residences coming from Mexico, with a list of the goods they bring, names of the passengers, the port from which the vessel came, how many days of navigation, and any other information they may think necessary.

II. Not alone by each vessel they dispatch, but on the first day of each month, the consul and consular agent must send to the collector of each port to which they may have dispatched merchandise a copy of current prices of the merchandise in the place where they reside, also sending each month the same to the secretary of the treasury.

ART. 44. For the receipt and certificate which the consul gives of a general manifest in charges $10; in case it is a vessel only in ballast, then the fee is $2.

For the receipt and certificate of each invoice, the value of which exceeds $50, to charge a fee of $4, and for certificate of any factura that has been mislaid, a fee of $2.

CHAPTER X.

OF VESSELS THAT ARRIVE AT MEXICAN PORTS OWING TO HAVING HAD ACCIDENTS, ETC.

ART. 45. All vessels, national or foreign, that enter into the territorial waters of the republic with the object of repairing, to take water, obtain fresh food, or for any other forced cause, remain subject to the rules of this arancel, as well as also to those detailed in the following articles:

ART. 46. I. All ships, national or foreign, that come to Mexican ports by force of stress of weather, with the object of repairing damages, will have administered to them in the act, by the custom-house or the captain of the port, all the aid that is necessary, permitting the discharging of all or part of the cargo which she may be loaded with, if it is thought they will suffer damage, or it is absolutely necessary for the repairing of the ship.

This

Of such discharge the custom-house will take a specified note, expressing in it the quantity of packages, marks and numbers of the bales, and their contents, if they can determine them, depositing all in the warehouses of the custom-house, or in another warehouse satisfactory to the collector, should the custom-house not have any. is done with the knowledge of the consul of the country to which the ship belongs. II. In case they should be national ships they are placed in the situation as comprehended in the foregoing article, then to apply to the federal judge of the district; should there not be any, then to the next federal authority, so that with his accord all necessary operations can be performed.

III. The nation is not responsible for any loss, damage, demerit, diminution, deterioration that may be caused to the ship or cargo by these accidents.

A full and instructive account which must be made will be sent by first mail to the secretary of the treasury.

ART. 47. The captains of vessels, loaded or discharged, that arrive at the ports of the republic, with the object of taking water or food, must declare the same to the custom-house in writing at the time when the custom-house officers present themselves, who will close and seal the hatches, which are not to be opened until the moment in which the ship proceeds to sea.

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