Citation
Customs regulations for ports in the island of Cuba

Material Information

Title:
Customs regulations for ports in the island of Cuba Habana, Cuba, 1901
Creator:
Cuba
United States -- War Department
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
1 online resource (119 pages) : illustrations ;

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Subjects / Keywords:
Customs administration -- Cuba ( lcsh )
Aduanas -- Cuba ( bidex )
Customs administration ( fast )
Cuba ( fast )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
Includes index.
Statement of Responsibility:
[War Department].

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University of Michigan Law Library
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University of Michigan Law Library
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The University of Florida George A. Smathers Libraries respect the intellectual property rights of others and do not claim any copyright interest in this item. This item may be protected by copyright but is made available here under a claim of fair use (17 U.S.C. §107) for non-profit research and educational purposes. Users of this work have responsibility for determining copyright status prior to reusing, publishing or reproducing this item for purposes other than what is allowed by fair use or other copyright exemptions. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder. The Smathers Libraries would like to learn more about this item and invite individuals or organizations to contact Digital Services (UFDC@uflib.ufl.edu) with any additional information they can provide.
Resource Identifier:
654246776 ( OCLC )
ocn654246776
Classification:
HJ6801 .A5 1901 ( lcc )
336.2 ( ddc )

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CUSTOMS REGULATIONS


FL2 Cq


FOR


PORTS IN THE ISLAND OF CUBA.


CTYT:B-A-, 1901.


WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1901.


0






















TABLE OF CONTENTS.



Page.
CHAPTER .-General functions of customs-houses, their classes, the authority by which created, and the present customs ports of Cuba- 7
II.-Duties and powers of customs officials ---------------------- 9
III.-Collectors of customs --------------------------------------- 11
The surveyor -------------------------------------------- 12
Customs inspectors ------------------------------------- 13
District inspectors --------------------------------------- 14
Boarding inspectors ------------------------ -------- 15
Coast inspectors ---------------------------------------- 15
Night inspectors --------------------------------------- 16
Discharging inspectors .------------------------------- 17
Weighers --------------------------------------20
IV.-Bonds of customs employs . -------------------------------- 21
V. -Customs surveillance -.. ...----.------------------_----------- 22
VI.-Importations by sea -------------- 7 .-------------------- 23
Section first ----------------- --------------------23
General provisions ------------------------------ 23
Supplies for United States Army, Navy, and MarineHospital Service ------.-------------------------- 24
Section second ------------------------------------------ 25
Masters of vessels and their manifests- ....--------- 25
Section third ------------------------------------------- 30
Consignees ....------------------------------------- 30
VI.-Entry of merchandise ------------------------------------- 31
VIII.-Discharge of merchandise ----------------------------- 39
i. IX.-Appraisal of merchandise ----------------------------------.45
__ X.-Baggage --------------.---------------------- ------- _ 47
Examination of mails -------------------------------------- 47
_ XI.-Exportations ------------------------------------------------ 49
XII.-Transits and transshipments ----------------------------- 51
XIII.-Abandonment of merchandise ------------------------------- 52
"' XIV.-Entrance of vessels through stress of weather --------------- 53
XV.-Derelict and wrecked merchandise -------------------------- 54
J XVI.-Coastwise trade --------------.--------------------------- 56
-.j XVII.-Allowance for damage or short shipments ------------------ 57
- XVIII.-Tonnage and harbor improvement taxes -------------------- 58
Q XIX.-Coasting trade of Cuba ------------------------------------- 59
XX.-Special regulations for coasting trade ------------------------ 60
" XXI.-Interior circulation -----------------------------------62
3





4

Page.
CHAPTER XXII-Special rules for the warehousing of imported goods and
their transportation in bond- .----- -------------- 63
Warehouses of class one --------------------------- 63
Warehouses of class two --------------------------- 63
Warehouses of class three ------.------------------ 64
Application for establishment of bonded warehouses. 64 General provisions -------------- ----------------- 65
Transportation in bond ---------.----------------- 68
Withdrawals at original ports for consumption ------ 70 Withdrawal at original port for exportation -------- 71 Export withdrawal at port of original importation -- 71 XXIII.-Penal provisions and additional duties ----------------- 73
Classification of penal acts and customs proceedings ----------------------------------73
XXIV.-United States Army transport service ------------------ 79
XXV.-Protests _------------------.-------------------------- 0
XXVI.-Revenue-Cutter Service----------------------------81
XXVII.-Customs districts ...................... --------------- 82
Index ---------------------------------- _--_-----.-------------------- 83



























WAR DEPARTMENT, Washington, D. C., June 22, 1901.
By direction of the President, the following customs regulations for ports in the island of Cuba, will be proclaimed and enforced in said island, and will take effect on promulgation in Cuba.
All regulations and orders heretofore issued inconsistent herewith are hereby repealed.
ELIHU ROOT,
Secretary of War.
5

















nEGITLATION\S


FOR THE

GUIDANCE OF OFFICERS CONCERNED IN THE COLLECTION OF DUTIES ON IMPORTS
AND EXPORTS AND OTHER CHARGES AND EXACTIONS TO BE LEVIED AND COL.
LECTED AS A MILITARY CONTRIBUTION AT PORTS AND PLACES IN CUBA IN THE
POSSESSION OF OR UNDER THE CONTROL OF TIlE UNITED STATES.



CHAPTER I.

GENERAL FUNCTIONS OF THE CUSTOMS-HOUSES, THEIR CLASSES, THE
AUTHORITY BY WHICH CREATED, AND THE PRESENT CUSTOMS PORTS
IN CUBA.
ARTICLE 1. The customs-houses are the offices established by competent authority in those ports which have been designated for the entrance and clearance, transfer and transshipment of merchandise, in order to collect the customs duties and enforce the existing customs laws and regulations.
ART. 2. The customs-houses of the island of Cuba are divided into two classes. The custom-house of the first class shall be the one at the principal customs port of the island; the custom-houses of the second class shall be those at the ports which are declared to be subports of the principal customs port. An officer of the Army shall be appointed collector of the principal customs port. Besides acting as collector, he shall be the chief of the customs service, and shall be designated as the collector of customs for Cuba. Under the orders of the military governor he shall have general jurisdiction over all the custom-houses of Cuba, with the authority conferred by the orders of the President, dated at the Executive Mansion, December 13, 1898,1 1WAR DEPARTMENT, Washington, December 17, 1898. The following order of the President is published for the information and guidance of all concerned:
EXECUTIVE MANSION, December 13, 1898. By virtue of the authority vested in me as Commander in Chief of the Army and Navy of the United States of America, I do hereby order and direct that the following tariff of duties and taxes shall be levied and collected and the regulations for the administration thereof shall take effect and be in force in all ports and places in the island of Cuba and all islands in the West Indies west of the seventyfourth degree west longitude, evacuated by Spain, on and after January 1, 1899. All questions arising in the administration of customs shall be referred to the
7








and March 31, 1900,1 respectively, and respectively promulgated by the War Department under the dates of December 17, 1898, and IMarch 31, 1900.
ART. 3. As far as possible there shall be appointed by the military governor of Cuba, with the approval of the Secretary of War, officers of the Army who shall act as collectors of customs of the subports.

collector at the port of Habana for decision, and there shall be no appeal from such decision except in cases where the collector may find it expedient to ask for special instructions of the War Department on the points involved. Necessary and authorized expenses for the administration of said tariff and regulations shall be paid from the collections thereunder.
Accurate accounts of collections and expenditures shall be kept and rendered to the Secretary of War.
WILLIAM MCKINLEY.
The above order and the following tariff of duties and taxes prescribed thereunder will be proclaimed and enforced, as therein provided, and all regulations and orders heretofore issued inconsistent herewith are hereby repealed.
G. D. MEIKLEJOHN,
Acting Secretary of War.

1 WAR DEPARTMENT,
lVashington, D. C., March 31, 1900.
The following order of the President is published for the information and guidance of all concerned:
EXECUTIVE MANSION, March 31, 1900.
By virtue of the authority vested in me as Commander in Chief of the Army and Navy of the United States of America, I do hereby order and direct that the following tariff and duties shall be levied and collected in all ports and places in the island of Cuba and all islands in the West Indies west of the seventy-fourth degree west longitude, evacuated by Spain, on and after June 15, 1900, and shall remain in force one year from the date of promulgation without change.
All questions arising in the administration of the customs regulations shall be referred to the collector at the port of Habana for decision, and there shall be no appeal from such decision except in cases where the collector may find it expedient to ask for special instructions of the War Department on the points involved.
Importers who are dissatisfied with the valuation or classification of merchandise as fixed by the collector of the port shall pay the duties imposed, but may file at the time of payment a written protest and appeal, stating briefly the value or classification which it is claimed should have been established.
Said protest and appeal shall forthwith be transmitted by the collector, through the chief of customs service, to the military governor of the island, who will review and either affirm, reverse, or modify the action complained of. NeZessary and authorized expenses for the administration of said tariff and regulations shall be paid from the collections thereunder.
Accurate accounts of collections and expenditures shall be kept and rendered to the Secretary of War.
WILLIAM M[CKINLEY.
The above order and the following tariff of duties prescribed thereunder will be proclaimed and enforced, as therein provided, and all regulations and orders heretofore issued inconsistent herewith are hereby repealed.
ELIHU ROOT,
Secretary of IVar.








If at any time in any subport the services of an officer of the Army are not available as collector, a civil official may be appointed temporarily as acting collector.
ART. 4. Custom-houses shall be established or suppressed by the military governor of Cuba.
ART. 5. The port of Jiabana has been duly designated as the principal customs port of Cuba, and the following ports have been declared subports, viz: Matainzas, Cirdenas, Cienfuegos, Sagua la Grande (Isabela de Sagua), Caibarien, Santiago de Cuba, Manzanillo, Nuevitas, Guantinamo, Gibara, Baracoa, Trinidad, Santa Cruz del Sur, Tunas de Zaza, and Bataban6, in the Island of Cuba, and the duly appointed collectors of these ports, or other person appointed as acting collector, shall have general jurisdiction over the collection of the customs revenue in the respective ports. Collectors or acting collectors at the subports shall render such reports and accounts as may be required from time to time by superior authority. All official correspondence directed to or proceeding from the collectors of subports shall be transmitted through the office of the collector at the principal customs port.



CHAPTER II.

DUTIES AND POWERS OF CUSTOMS OFFICIALS, GENERAL PROVISIONS.

ART. 6. The general duties and powers of customs officials are such as relate to the documenting of vessels of the island of Cuba in proof of nationality and ownership; the exclusion of foreign vessels from the coastwise trade, except those authorized by law; maintenance of the laws and treaties concerning commercial intercourse; the securing of the lawful revenue from importations of foreign merchandise; the suppression and prevention of smuggling and other frauds on the customs revenue, and the collection and deposit of duties, fees, and penalties accruing under the customs and navigation laws; the disbursement of public moneys; the use and preservation of public property; the enforcement of the immigration laws, and the compilation of returns of the commerce, navigation, and immigration of the island of Cuba.
ART. 7. General powers of search, seizure, and arrest under the revenue laws are hereby conferred upon the officers of the customs, including inspectors, occasional inspectors, officers of revenue cutters, authorized agents of the customs service, and other persons specially appointed for the purpose in writing by a collector of customs. In the exercise of these powers they are authorized to board vessels, to







hail and stop the same, and to use force, if necessary, to compel compliance, and to search all such vessels and all persons, trunks, and packages found on board. These general powers are not confined to the districts to which the officers may be attached, but may be exercised in other districts.
ART. 8. Customs officers must warn and advise all persons with whom they deal, in order to prevent such persons from committing innocently, or through ignorance, offenses against the revenue laws and regulations.
ART. 9. Customs officers are authorized to board vessels bound for the island of Cuba, whether in port or within four leagues of the coast; to demand manifests or make search and examine any or all parts of the vessel; to seal and take account of any packages found separated from the residue of the cargo; but in the case of foreign vessels protected by treaty, notice of an intended search must be given to the proper foreign consul.
ART. 10. They are authorized to stop, search, and examine any vehicle, beast, or person on which or whom they suspect there is merchandise unlawfully introduced into the island of Cuba. If such goods are found, they shall seize the vehicle, beast, or packages, and arrest the person or persons, and report the facts to the collector.
They are authorized to enter upon or pass through the lands, inclosures, or buildings other than dwelling houses, of any person, at all times, either day or night.
ART. 11. When officers of the customs shall have cause to suspect a concealment of merchandise in any particular dwelling house or store, they will, upon application to the municipal judge or to a judge of first instance, or, in their absence, to t he mayor of the city or town or district, be entitled to a warrant to enter such house, store, or other place to search for smuggled goods.
ART. 12. Customs officers are empowered to seize all letters or packages, packets or parcels containing letters which are being carried contrary to law on board any vessel or on any post route, and convey them to the nearest post-office, or detain them subject to the orders of the postal authorities.
ART. 13. Principal customs officers are required to keep true, correct, and permanent records and accounts of their official transactions, to submit the same to the inspection of authorized officers at all times, and to turn over all records and official papers to their successors, or to other authorized officers.
ART. 14. Customs officers receiving or having in possession public money or property are required to render such accounts and retuns thereof, and in such form as may be required by the Secretary of War or by the military governor.








CHAPTER III.

COLLECTORS OF CUSTOMS,
ART. 15. At the head of each custom-house shall be a chief officer called the collector of customs, whose duties and powers are as follows:
First. To carefully comply with and to require all his subordinates to comply with whatever is prescribed in these regulations, in the customs laws, and in general or special orders from superior authority relating to the customs.
Second. To decide all questions raised in the dispatch of merchandise and in the transaction of daily business in the custom-house. The collectors of subports shall refer all questions in regard to which they are themselves in doubt to the collector of the chief port for his decision.
Third. Collectors of customs shall prescribe the interior regulations for their respective custom-houses, which shall be in accord with these general regulations and shall be approved by the collector of customs for Cuba.
Fourth. They shall see that all duties, taxes, and imposts connected with the customs revenue are collected within the prescribed times; that the cashiers and employs intrusted with the receipt of customs dues make their deposits punctually and correctly in the public treasury, and that the register of collections is proven correct by compariison, within the prescribed times, with the books of the cashier and of the bookkeeper, and certifying or directing the certification of the balances after due examination.
Fifth. They shall forward all reports required of them by superior authority, and shall transmit to higher authority all proper documents submitted to them for that purpose, with an endorsement of their views thereon.
Sixth. Subject to approval by higher authority, they shall appoint the employs of the respective customs-house, with power to discharge for the good of the service.
Seventh. Collectors of customs in Cuba are hereby directed to perform the duties formerly belonging to United States consuls or consular officers in such territory, so far as concerns seamen, vessels, clearances, etc.
Official fees or dues collected by United States consuls under similar circumstances shall be collected by such collectors of customs, and all moneys collected under the provisions of this order shall be deposited and accounted for as prescribed for customs collections. In order to comply with the provisions of section 2844, United States Revised Statutes, the certification of invoices of goods shipped to the United States from Cuba shall be executed by a consul of a friendly nation or by two resident merchants of good reputation.







ART. 16. Collectors of customs shall see that the moneys collected by them are safeguarded while in their possession.
ART. 17. In the determination of the classification of merchandise and of rates and amounts of duty on all imported merchandise, the decision of the collector of customs at the chief port of Habana shall be final and conclusive, except in cases where he may find it expedient to ask for special instructions from the War Department on the points involved, and except in cases of decisions on classifications or valuations adverse to the importer, when an appeal may be taken as provided in Chapter.XXV of these regulations.
ART. 18. The collector is the chief officer of his customs district. Every vessel on arrival from a foreign port becomes subject to his authority until her cargo has been discharged on permits issued by him. He holds possession of all imported merchandise upon which duties have not been paid or secured to be paid, disposing of the same according to law. Merchandise must be entered in his office and duties paid to hinl only, or the official authorized by him toreceive them.
ART. 19. Collectors are not personally liable for the losses occasioned by their official acts, nor for the laches of their subordinates.
ART. 20. At every custom-house whose organization requires it there shall be a special deputy collector, in whom the powers and duties vested by law in collectors are also by law as fully vested. In the event of the death, disability, or absence of a collector, the special deputy is authorized and required to perform the duties of collector.
ART. 21. Each collector, with the approval of the Chief of the Customs Service, may appoint such deputy collectors as may be necessary, and they shall be authorized to sign such documents in connection with their departments as may be designated to them by the collector.
THE SURVEYOR.

ART. 22. The surveyor is the out-door executive officer of the port, and supervises the force of inspectors. weighers, measurers, gaugers, and laborers. He takes charge of all vessel, arriving from foreign ports, and reports their name and character to the collector. He supervises the discharge of their cargoes and the lading of merchandise exported or transported in bond. Ile has charge of the admeasurement of vessels for registry and for the adjustment of the tonnage tax. In the admeasurement of vessels le shall be guided by-the rules prescribed in the United States Customs Regulations.
ART. 23. At ports having a collector and a surveyor the surveyor is required, under the direction of the collector1. To superintend and direct all inspectors, weighers, and measurers within his port.
2. To report once in every week to the collector the name or names







of all inspectors, weighers, or measurers who are absent from or neglect to do their duty.
3. To visit or inspect the vessels which arrive in his port and make a return every morning to the collector of all vessels which have arrived from foreign ports during the preceding day, specifying the names and denominations of the vessels, the masters' names, from whence arrived, whether laden or in ballast, and to what nation belonging.
4. To put on board of each of said vessels, immediately after their arrival in port, one or more inspectors.
5. To examine whether the goods imported in any vessel and the deliveries thereof correspond, according to the inspectors' returns, with the permits for landing the same, and if any error or disagreement appears, to report the same to the collector.
6. To superintend the lading of all goods for exportation and examine and report whether the kind, quantity, and quality of the goods so laden on board any vessel for exportation correspond with the entries and permits granted therefor.
7. To examine and from time to time, particularly on the first Mondays of January and July in each year, try the weights, measures, and other instruments used in ascertaining the duties on imports, with standards to be provided by the collector for that purpose; and where disagreements with the standards are discovered to report the same to the collector, and to comply with such directions as he may receive for correcting the same.
S. To preserve with care all orders received from superior authority.

CUSTOMS INSPECTORS.

ART. 24. At ports where a surveyor is appointed, inspectors shall be assigned to duty by him, subject to the orders of the collector; otherwise they shall be assigned by the collector. At ports where inspectors are required to wear uniforms, they must always be worn when on regular duty. When inspectors are ordered on special service they must wear a badge of office conspicuously displayed, unless otherwise authorized or directed. All inspectors shall ascertain whether sailing vessels coming within their official cognizance are provided with the signal lights prescribed by law, and shall report all cases of nonobservance of the law, in order that the legal penalties may be enforced.
Inspectors are required to send at once to the public stores all goods seized by them for violation of law, taking the storekeepers' receipts for such goods and sending such receipts, with full reports of the case, to the surveyor.
They shall not perform any private or unofficial duties or services on board the vessels to which they may be assigned, under penalty of dismissal from the service.






DISTRICT INSPECTORS.
ART. 25. District inspectors must be in their respective districts during such hours as the surveyor may direct, and where two inspectors are assigned to the same district one or the other of them must be constantly on duty during the prescribed hours. They have general supervision of all vessels coming into their districts and shall report all discovered violations of the revenue or navigation laws and regulations to the surveyor. They are to make examinations as often as necessary of vessels coming into their districts and to ascertain whether Cuban vessels are properly documented and have duly compiled with all laws relating to navigation. They shall secure and seal the hatches and openings of all vessels from foreign ports coming within their districts and retain the custody of the same until relieved by discharging inspectors.
If no assignment of an inspector be made especially to such vessels, the district inspector shall take charge of the lading thereof without further notice.
In the case of vessels permitted to proceed to another district before completely discharging, the inspector in charge of the first district shall submit to the surveyor a statement of the portion of the cargo already discharged, for delivery to the district inspectors, under whose supervision the remainder of the cargo is to be discharged. The inspector in charge of the final delivery shall make the final returns of discharge. They shall report daily to the surveyor the names of all importing vessels which arrived in their districts during the previous day, distinguishing between those not discharged, those partly discharged in their districts, and those wholly discharged.
They shall each keep a permanent record book in which to enter, with necessary particulars, all entries, orders, and permits received by them, and another book to enter an account of all coasting vessels examined, both books to be in the prescribed form.
ART. 26. They are to supervise the shipment of goods for exportation or transportation in bond in their respective districts.
ART. 27. When the lading of the merchandise on board the vessel or other conveyance is completed, the district officer under whose supervision the lading is done shall endorse upon the original entry the proper certificate of the shipment. When merchandise for export or transportation has been ordered to be weighed or gauged, the name of the weigher or gauger by whom the same was done shall be given underneath the certificates. If a manifest is required to be delivered to the master of the vessel or to the conductor of a railroad car, such manifest must be certified by the district inspector and delivered as directed.
ART. 28. Whenever any portion of the merchandise described in the export or transportation entry is not shipped in accordance with the orders and directions upon the entry, the district inspector, in







making his certificate of shipment, shall state that the merchandise was shipped "in part," and the number of packages or quantity of merchandise not shipped must be specified underneath the certificates, and the reason, if known, why the merchandise was not shipped, and what disposition was made thereof, must also be stated.
ART. 29. Such unshipped merchandise must be sent to the nearest. general-order store, with a ticket or receipt, describing the merchandise, and stating upon it that the merchandise is "for export-or transportation, as the case may be-but not shipped," which ticket or receipt shall be signed by the storekeeper.
ART. 30: When the export or transportation entries are returned to. the surveyor's office, the ticket or receipt for goods not shipped and sent to the general-order store shall be attached to the original entry.
Officers who certify shipments of goods without due inspection and supervision of the shipments will be subject to the penalties pre-scribed in Article 221.
BOARDING INSPECTORS.

ART. 31. It is the duty of boarding inspectors to board vessels, arriving from foreign ports, and, after ascertaining the name of the vessel and master, and port of departure in each case, to examine the documents relating to the vessel and crew, and certify the manifest of cargo, verifying the same by actual examination, and when necessary to seal or otherwise secure the hatches and openings until the necessary permits for unlading can be granted and a discharging officer assigned to the vessel.

COAST INSPECTORS.

ART. 32. Coast inspectors are appointed to protect the interests of the revenue with respect to all goods, wares, and merchandise which may be landed or in any way come to the land from a vessel from a. foreign port wrecked or stranded upon the coast.
On learning that a vessel has been wrecked or stranded, the coast inspector or other customs officer nearest the place where the casualty has occurred shall at once proceed to or as near the location of thestranded or wrecked vessel as is possible and, as soon as he ascertains the situation of the vessel, make report, in writing, of all the facts and circumstances in relation thereto to the surveyor. In case the vessel is likely to break up, or if the condition of the vessel is such that its cargo can be landed or discharged therefrom, he shall remain at or near the wreck and take possession and keep charge of all goods and merchandise which may come or be brought to land. ART. 33. In case the cargo of the vessel wrecked or stranded is delivered into lighters or other vessels for conveyance into port, the coast inspector shall keep an account thereof, and before any lighter orvessel having on board any of the cargo is allowed to depart shall







make out two lighter manifests, in the form prescribed, to be signed by the master, and stating, as particularly as possible, what cargo has been taken on board thereof. One copy of such lighter bill shall be retained by the master and be by him delivered at the custom-house on the arrival of the lighter or vessel in port; the other copy shall be transmitted by the coast inspector to the surveyor. Whenever necessary the surveyor shall send an inspector of customs to any wrecked or stranded vessel.
ART. 34. Masters of light-house tenders are hereby invested with police powers of search, seizure, and arrest, for smuggling and other crimes pertaining to Government property.

NIGHT INSPECTORS.

ART. 35. Night inspectors are appointed for the purpose of preventing smuggling. They are required to keep a vigilant watch over the vessels, stores, or merchandise whose custody is committed to them, in order to prevent the landing, between sunset and sunrise, of any merchandise from any vessel unless the same is done by proper authority and under the supervision of a discharging inspector, and to protect the bonded stores and merchandise from robbery, or the unlawful removal of merchandise therefrom or from any wharf or place on which the same may be deposited.
*Whenever cargo is being discharged from any vessel at night under the supervision of an inspector the night inspector assigned to such vessel shall not interfere with such landing so long as time inspector is present in charge thereof, but night inspectors are authorized to demand to see, and the inspector is required to exhibit, the night permit for the working of the vessel. If merchandise is landed from the vessel when no inspector is present the night inspector shall stop the landing and report the fact the next day to the surveyor or other proper officer.
ART. 36. Night inspectors are required to stop any person or persons who may leave the vessel, store, or warehouse in their custody, and if they have reasonable cause to suspect that such person or persons are attempting to smuggle any merchandise they shall examine such person or persons, and any package of any kind in his or their possession. Searches of suspected persons should, if possible, be made in the presence of another officer or a citizen. They are directed to question any person who may attempt to go on board the vessel to which they are assigned in the night, and to satisfy themselves of his right to go on board. They are required to keep a strict watch upon any small boat which may come near any wharf or vessel under their charge, and to take all necessary precautions to prevent smuggling by such boats. They are required to arrest any person or persons in the act of smuggling foreign merchandise, and to call for the assistance of the police or of citizens to aid them in so doing, and to seize,







take possession of, and secure any merchandise which has been smuggled or landed illegally from any vessel during the night.
ART. 37. The chief inspector in charge of the night force shall assign the force to duty and make daily report of such assignments, together with any negligence, absence, or misconduct. He shall see thaf the night inspectors perform the duties assigned to them, that all seizures and arrests are promptly reported, and that the orders of the surveyor are obeyed.
DISCHARGING INSPECTORS.

ART. 38. Discharging inspectors are assigned to vessels for the purpose of examining the cargoes and superintending the unlading and storing or delivery thereof, so as to prevent loss to the revenue of the island of Cuba through failure to secure any lawful duties. They shall send to the nearest post-office all letters, packages, and bags containing mail matter, take an account thereof, superintend the delivery to the postmaster, and obtain a receipt therefor.
They shall obtain from the masters of vessels lists of articles reported by them at the custom-house as sea stores, compare the articles of the list, seal or secure all unbroken packages of dutiable goods claimed as stores, and report the same, with any excess of stores, to the collector or the surveyor.
ART. 39. Specie and valuables, usually in charge of the pursers of steamships, must be taken possession of by discharging inspectors as soon as possible after they first go on board the vessels. The special place or room where such specie and valuables are deposited, and the safe or the packages containing the same must be locked with custom-house locks, or otherwise secured, until delivered on a permit from the proper customs officers.
ART. 40. Samples of the cargo in bulk of the vessel shall, as soon as practicable, be sent by discharging inspectors to the appraiser's store.
ART. 41. They shall report to the collector any perishable or explosive articles among the cargoes to be discharged. They shall endeavor to save to the owners of goods intended for immediate export or transportation the cost of sending their goods to warehouses by retaining them on the vessel or wharf until the owners can obtain a-delivery permit, provided that such retention does not delay the unlading of other goods and is not protracted beyond the period named in the general order.
ART. 4'2. They shall seize all goods imported or removed in violation of law, and shall not permit any goods to be removed from the landing places thereof until they have been properly weighed, gauged, or measured, and shall require persons charged with the unlading of goods to properly separate, assort, and arrange the goods on the wharves for the convenience of customs weighers, gaugers, measurers, and markers.
23076-01--2







ART. 43. Discharging inspectors are empowered to require cartmen or lightermen engaged in the transportation of dutiable goods from vessels to warehouses or public stores to produce their license or authority to carry such goods, and shall report to the surveyor any disobedience of customs orders or regulations.
ART. 44. Discharging inspectors shall send, with each load of goods ordered to warehouse or public store, an unsigned receipt, describing the marks, numbers, and supposed contents of the packages, and require the same to be returned with the signature of the officer in charge of the warehouse or store thereupon before again employing the drayman or lighterman to whom the receipt was entrusted. Should any alteration of quantity appear on the receipt when returned, inspectors shall go personally and verify its correctness.
ART. 45. They shall not allow ballast, cargo, or coal to be taken on board their vessels while discharging, except on a lading permit; and where such permits are granted, inspectors shall report whenever the execution of the same is attended with danger to the revenue.
ART. 46. They shall not unlade or deliver goods direct from a foreign port before the hour of sunrise or after the hour of sunset, except upon a special permit issued to the vessel whose discharge by night is desired.
ART. 47. Whenever the discharge of a vessel under the revenue laws extends beyond the hour of sunset, the additional pay of the discharging officers is to be borne by the persons accommodated by the extension of the hours of discharge as fixed by the collector of customs for Cuba.
ART. 48. Discharging inspectors shall not leave their vessels for any cause without the consent of the surveyor, nor go below deck, nor leave at night without closing the hatches and locking or sealing them, so as to prevent the landing of cargo during their absence, nor until relieved by the night inspectors, when they shall call the attention of the latter to goods remaining on the wharves. When two or more inspectors are assigned to a vessel, they shall remain on board as long as their services are required, and shall not leave the vessel for any purpose, nor go below deck for meals, unless one of their number be left in charge.
ART. 49. They shall cancel and remove all customs seals before delivering goods not destined for further transportation under security of such seals, and shall report all cases in which customs seals appear to have been improperly manipulated.
ART. 50. It is incumbent upon discharging inspectors to checekout the cargo-identifying it by marks and numbers-and to enter in a book, to be known as a discharging book, a record of all permits or orders for the delivery of goods, showing the names of the persons in whose behalf the permits or orders are granted; the entry or bond number as indicated by the permit; the particulars specified in the







permits or orders; the marks, numbers, and descriptions of the packages ordered to be and actually unladen; to what public stores, warehouses, or other places the respective lots of goods have been sent. The discharge book of each cargo is to be duly signed and delivered to the surveyor, as required in the following paragraph.
ART. 51. As soon as practicable they shall submit to the surveyor their discharging book, accompanied by the permits and orders of discharge, and all other vouchers relating to the disposition of the ,cargo and a return thereof. They shall first enter therein the baggage permit, if there is one, and shall enter separately: First, all free per-' mits; second, all consumption permits; third, all warehouse permits; fourth, all permits for the delivery of "I. T." goods to the surveyor; fifth, all permits for delivery to the surveyor of merchandise for transport or export, designating in the corresponding column such packages as were landed, sent to the warehouse, or delivered to the surveyor.
On the return of merchandise disposed of on consumption permits the entry number must in each instance be stated, and for merchandise delivered in bond, whether for warehouse, exportation, or transportation, the bond number must be stated on the return. In the marginal column must be noted all packages "not agreeing with permit" or "not found on board," and opposite to the entry of each warehouse permit the designated warehouse to which the merchandise was sent; or, if delivered to surveyor, the place of ultimate destination. Special care must be taken to state the correct date of the landing of merchandise from the vessel, and if it was landed on more than one day the first and last day on which each lot was landed must be stated. After the permits above mentioned are entered, the inspector shall enter, under the proper designation, all packages, by marks and numbers, which have been sent either to appraiser's store, sample office, general order store, or elsewhere by special order, and all passengers' baggage sent to public store. For all packages a proper receipt will be required, to correspond with the return. After accounting for the cargo he must enter at the end of his return a list of all the sea stores and of all the coal remaining in the vessel. Such returns shall be signed by the inspectors, respectively, under whose superintendence the deliveries have been made. The names of weighers, gaugers, or measurers who have performed any duty in connection with the cargo shall also be stated.
ART. 52. Discharging inspectors shall make report of goods remaining on board their vessels after the expiration of the authorized time for discharge, in order that collectors may take possession of such goods as unclaimed. Before reporting their vessel as fully discharged they shall make careful personal examination of all parts of such vessel.







WEIGHERS.

ART. 53. Weighers shall be assigned to duty by surveyors. At ports where there is but one weigher the assistant weighers shall be assigned to duty by him. He shall be held responsible for the correct and efficient discharge of their duties, and shall report to the surveyor any misconduct or neglect of duty on the part of any customs officer or other employ..
Weighers are required to be at the places to which they are, assigned whenever weighable goods are being handled from vessels discharging cargo from foreign port. They are required to inspect and take copies of all permits in the hands of the discharging inspectors of vessels whenever the collectors have, by designating articles named in the permits, directed the said articles to be weighed; and weighers are required to have and exercise a personal supervision of the weighing of such merchandise. They must not absent theipselves from their office or district during the hours of business unless by permission, nor shall they allow any other than an assistant weigher to take weights or handle the beam.
ART. 54. Each weigher is required to have his weighing implements tested and compared with the official standard at least twice a year, on or as soon after the first day of January and July as possible; and to have the same tested as often as may be necessary to keep the same in conformity with the official standard.
ART. 55. Weighers will be furnished by surveyors with proper blank dock books, in which they shall daily make a true and correct entry of goods weighed, specifying the date the weighing was performed. These books must be so kept that they will contain all the specifications necessary to a perfect account of the merchandise weighed. The weigher should first copy the permit or order in the book, and then proceed, in all cases where the merchandise is required to be weighed by numbers, to enter the number and weight of each separate package weighed by him. The weigher must add the weights stated in each column of his book, and give the gross weight and the net weight of each lot as returned by him, and at the end of all the entries the total gross weights must be recapitulated. The book must be indorsed on the outside with the name of the vessel, the date the return was filed in the surveyor's office, and the weigher's signature.
Whenever required by the collector for the purposes of liquidation the dock book shall be delivered to him for inspection and verification.
ART. 56. In order to facilitate the prompt liquidation of duties weighers are required to make a special return of the weight of the articles embraced in each )ermit or order as soon as the same shall have been ascertained. Weighers shall file their completed books of weights, within six days after the vessel has been discharged, in the








surveyor's office as public records. A separate book shall be kept for the cargo of each vessel.
ART. 57. Before weighing any merchandise the weigher must see that the beam is accurately balanced. As correctness of weights depends very much upon the accuracy of the poise, the beam should always be kept clean and be frequently tested with the standard. A fairly even beam indicates the weight, but as in weighing merchandise it seldom happens that the beam will stand at an exact poise, but will go either above or below an even beam, the weight shall be taken on the rising beam. Weighers are required to mark the weight on each single package weighed.
ART. 58. When a return has been once made by a weigher it must not be amended or changed except by permission of the surveyor. The amended return must state why the amendment is made, and be checked or signed by the weigher before it is presented to the surveyor for his approval. The original figures shall be canceled by cross marks and the amendment added, so as to show both records. When an amendment to a return is allowed, the weigher must correct his dock book in accordance with the amended return.
ART. 59. From every invoice of railroad iron or steel rails a sufficient number of bars of equal length shall be weighed in order to ascertain the average weight thereof, the whole number of bars to be counted, and returns of the weight of such iron must be made as of other weighable merchandise; but if the weight, as shown by the return of the weigher, does not vary more than two per cent from that stated in the invoice, the entry shall be liquidated at the invoice weight. In case a greater variation from invoice weight is shown, the whole quantity embraced therein shall be weighed. ART. 60. Whenever a permit or order directs that goods be weighed and a special return be made therefor, the weigher shall weigh the goods designated and make a return separate and distinct from any other without delay. If the merchandise has been shipped before the ov'der to weigh is received by the weigher, lie shall indorse such fact on the back of the order and return it to the surveyor. Returns of the weighing of a cargo must be made to the collector within six days after the vessel has been discharged. Certificates or copies of weights shall be furnished by the surveyor at ports where there is such an officer; elsewhere by the collector.



CHAPTER IV.

BONDS OF CUSTOMS EMPLOYES.
ART. 61. All employ4s of the customs service who are charged with the custody of funds or property, storekeepers, and such others as may be directed by the collector of customs for Cuba to be bonded,







shall file a good and valid bond for the faithful performance of their duties.
ART. 62. The bonds shall be in such form as may be directed by the collector of customs for Cuba, with a trust or guarantee company legally authorized to do business in the Island of Cuba as sole surety, or with at least two good and sufficient sureties to be approved by the collector of customs for Cuba.
The amount of the bond shall be determined by the collector of customs for Cuba.
ART. 63. Possession of office shall not be given to any official herein required to file a bond until the latter shall have been duly drawn up and accepted. Chief customs officers who violate the provisions of this regulation will be held responsible for the consequences of their action.


CHAPTER V.

CUSTOMS SURVEILLANCE.

ART. 64. In order to secure the collection of the legal duties the custom-houses shall exercise surveillance over the coast, beginning with the moment when a vessel enters the jurisdictional waters of the island of Cuba and concluding when the merchandise imported therein has been legally passed through the custom-houses, except that in case of justifiable suspicion of fraud said merchandise may be followed in its transportation by coasting vessels, by railroad, or by any other means or in any other way by land or water, from one point of the island to another, in which case a new examination shall be made and proof required of the payment of the proper duties at the custom-house of arrival.
The jurisdictional waters of Cuba extend to four leagues from the coasts of the island or from the keys belonging to it.
ART. 65. On the arrival in port of any vessel no person except the pilots, customs and health officers, consuls, and agents of the vessel (with the consent of the customs) shall be allowed to come on board or to leave the vessel, without the permission of the customs officer in charge, until all the passengers and their baggage shall have been duly landed, or, if there are no passengers, until the vessel is completely moored or the master's permission is obtained.
It shall not be lawful for the master of any steamship or other vessel coming from a foreign port, not in distress, after the arrival of the vessel within any collection district of the Island of Cuba, to allow any person or persons, except a pilot, officer of the customs, or health officer, and agents of the vessel (with the consent of the customs), to come on board of the vessel or to leave the vessel until the







vessel has been taken in charge by an officer of the customs, nor after charge so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel. For a violation of this rule, or for permitting or neglecting to prevent a violation thereof, the master of the vessel shall be liable to a fine not exceeding one hundred dollars.
It shall not be lawful for any person, with or without the consent of the master, except a pilot, officer of the customs, health officer, or agent of the vessel, to go on board of a vessel not in distress arriving at any seaport of the Island of Cuba until the vessel has been taken in charge by an officer of customs, nor, after charge is taken, without leave of such officer until all the passengers, with their baggage, have been duly landed from the vessel.
It shall not be lawful for any person in charge of a tugboat, rowboat, or other vessel to come alongside and.put any person, except as authorized by these regulations, on board any incoming vessel heretofore described.
ART. 66. Customs surveillance shall be exercised:
First. In the jurisdictional waters by the revenue cutters.
Second. In the custom-houses in the ports of arrival and in each customs district by all the interior employ6s of the custom-house and by the corps of inspectors, which includes all customs inspectors of whatever class.


CHAPTER VI.

IMPORTATION BY SEA.

SECTION FIRST.

General provisions.

ART. 67. No merchandise of any kind whatsoever can be legally introduced into the island of Cuba without passing through the custom-house duly established for this purpose, 'all such merchandise requiring to be presented at the custom-house for examination and payment of customs duties, if to such it is liable.
Employ6s charged with the duty of collecting the customs revenue shall be under no restriction in assuring themselves of the correctness of all operations performed for this purpose. Customs employ6s shall have the right to proceed, not only to open all packages and concealed spaces, but also to destroy false bottoms, or partitions, or bulkheads, eti., which prevent them from assuring themselves that the hidden empty spaces contain no dutiable object, nor shall such proceeding give any right to a claim for damages which may have been thus caused to merchandise or vessel.






4
All expense incurred by the customs for the carriage, storage, and other necessary operations in connection with the merchandise shall be charged against the merchandise.
ART. 68. Importation by sea begins with the moment the importing vessel enters the jurisdictional waters of Cuba with intention to unlade at any port therein, and is not completed until the duties due upon the merchandise have been paid or secured to be paid, or, in case said merchandise is free of duty, until it has legally left the jurisdiction of the customs.

Supplies for United States Army, Navy, and 3larine-Hospital Service.

ART. 69. All supplies and materials belonging to the United States imported into Cuba for the use of the Army, Navy, and Marine Corps, and Marine-Hospital Service of the United States, shall, under suitable restrictions to be prescribed by the military governor, be admitted free of duty.
Supplies of post exchanges, being limited to articles which are allowed by the War Department to be sold by post exchanges, shall be admitted free of duty upon filing with the entry a sworn declaration, on the form prescribed, by the officer in charge of the exchange. This privilege shall not be held to include any importation of malt, vinous, or alcoholic liquors, and shall be granted only to those exchanges which are managed by commissioned officers of the garrisons.
ART. 70. All articles and supplies purchased by any department of the Government, or any municipality, or any official or person, out of funds allotted from the insular revenues shall be subject to duty.
ART. 71. All oleomargarine imported into the island of Cuba shall have branded in the most conspicuous place possible upon every tub, firkin, or other package containing such article the word "Oleomargarine" in plain Roman letters not less than one-half inch square, and shall be continuously kept in, and sold from, the package so marked.
2. For the purpose of this article certain manufactured substances, certain extracts, and certain mixtures and compounds, including such mixtures and compounds with butter, shall be known and designated as "oleomargarine," namely:
All substances heretofore known as oleomargarine, oleo, oleomargarine oil, butterine, lardine, suine, and neutral; all mixtures and compounds of oleomargarine, oleo, oleomargarine oil, butterine, lardine, suine, and neutral; all lard extracts and tallow extracts, and all mixtures and compounds of tallow, beef fat, suet, lard, lard oil, vegetable oil, annatto, and other coloring matter, intestinal fat, and offal fat made in imitation or semblance of butter, or when so made calculated or intended to be sold as butter or for butter.
3. Collectors of customs shall, in addition to their other duties inspect all importations of oleomargarine.







Any person, firm, or corporation attempting to import oleomargarine into the island of Cuba, and failing to comply with the provisions of this order, shall forfeit the merchandise sought to be fraudulently imported, and the same shall be seized and sold by the collector of customs in the form and manner prescribed for the sale of seized and confiscated goods. The proceeds of such sale or sales shall be deposited with the treasurer of the island of Cuba.
4. In addition to the penalty provided by paragraph 3 of this article, any person, firm, or corporation failing to comply with the provisions of this article shall be liable to the fines and penalties prescribed in Circular No. 31, Division of Customs and Insular Affairs, dated August 24, 1899, the same as if such frauds were against the customs revenues of Cuba.
ART. 72. In the dispatch of passengers, baggage, or other effects, duties not exceeding one dollar on any one consignment may be remitted by the collector of customs.
ART. 73. Articles of easy identification desired to be exported from the island of Cuba for the purpose of being repaired may be, upon application to the collector of customs, identified at the oustoin-house through which exported, and may be subsequently reimported free of duty on reidentification, under the proper restrictions to be prescribed by the collector of customs for Cuba.
Such articles are dutiable, however, to the extent of any repairs that may have been made thereon, at the rate of 20 per cent ad valorem.
When appraisals are being made, either on the wharves or in the appraisers' warehouses, all persons other than designated employ6s of the custom-house shall be excluded therefrom, except as permission may be granted therefor by the collector of customs.

SECTION SECOND.

Masters of vessels and their manifests.

ART. 74. Every vessel shall on arrival be placed under customs control until duly discharged. Passengers with no dutiable property in their possession may be permitted to land without detention. ART. 75. Within twenty-four hours after the arrival of any vessel the master must, under the penalty hereinafter prescribed in case of failure, produce to the proper officer a manifest of her cargo, including every parcel or package carried by the vessel, which manifest must be certified by the oath of the master.
The nmaster of every foreign vessel is required, at the time of entry, to produce to the collector the register, or other document in lieu thereof, together with the clearance and other papers granted by the officers of the customs to his vessel at the port of departure for Cuba, and, within forty-eight hours after entry, to deposit the same with







the consul or vice-consul of the nation to which the vessel belongs, if any there be (otherwise with the collector of customs at the port), until the master shall have paid such tonnage taxes and other port charges as may be due under these regulations, and to deliver to the collector the certificate of said ,consul or vice-consul that the papers have been so deposited.
For failure to comply with this regulation, the master of the vessel so offending is subject to a fine of not less than $500 nor more than $2,000.
This regulation does not apply to vessels of foreign nations in whose ports consuls of the United States are not permitted to have the custody of the papers of vessels of the United States.
The papers thus lodged with the consul shall not be returned to the master of the vessel until the production by him to the consul of a clearance from the collector of the port where the vessel has been entered, and any consul offending against this regulation is subject to a fine of not less than $500 nor more than $5,000.
ART. 76. If any nmerchandise be found on board any vessel which is not included in her manifest, produced as required by these regulations, the master shall forfeit an amount equal to the value of the merchandise not manifested, and all such merchandise belonging to or consigned to the officers or crew of the vessel shall be forfeited. These forfeitures shall not be incurred, however, if it shall be made to appear to the principal customs officer of the port that the errors and omissions in the manifest were made without intention of fraud or collusion. In such case the master may be allowed to correct his manifest by means of a post entry.
Should any package or article named on the manifest be missing on the arrival of the vessel, or if the merchandise on board does not otherwise agree with the manifest delivered by the master, except as above prescribed, the master shall be liable to a penalty (see Art. 222) not to exceed $500; but if it is made to appear to the satisfaction of the principal customs officer of the port that no part whatever of the merchandise of such vessel has been unshipped, landed, or unladen since it was taken on board, except as specified in the manifest and pursuant to promise, or that the disagreement is by accident or mistake, in such case the penalty shall not be inflicted.
ART. 77. The manifest shall serve as the basis of all subsequent operations, and shall set forth the following:
1. The character and name of the vessel, nationality, gross tonnage, register and crew, name of captain, name of the consignee of the vessel, and the port or ports from which the vessel comes.
2. The port or ports for which the cargo is intended.
3. The number of packages, marks, numbers, and gross weight of all packages carried on board, the character of the merchandise, and the names of the senders and of the consignees, or, if the goods are








consigned to order, a notation of that fact; all the foregoing data to be entered separately for each port. The number and weight of the packages shall be expressed in letters and figures. The mere expression "merchandise," or any other expression of similar vagueness, shall not be admitted.
4. Cargoes in bulk shall be entered in the manifests by numbers,' weight, or measure, according as the merchandise composing the cargo is dutiable by number, weight, or measure, except that the weight be expressed in all cases whether the merchandise be dutiable by it or not.
5. The manifest may be drawn up in the language of the nation to which the vessel belongs, but the master must deliver to the collector two copies in Spanish within twenty-four hours after the delivery of the original manifest.
6. When a vessel touches at several ports the captain may, at his option, prepare and certify, as provided in article 75, a manifest of the entire cargo in the last port, or the one from which he begins his voyage to the island of Cuba, or he may bring separate manifests for each port from which he brings cargo. In the latter case, he shall add to the manifest which he certifies, and to the one for the port immediately preceding, a note connecting the two documents together so that none of the manifests can fail to be presented.
7. All interlineations, additions, or corrections not certified by the captains are null and void.
S. If owners, shippers, or consignees note any error in the master's certified manifest, they shall report it to the collector of customs at the port for which the vessel sails, which collector shall or shall not permit, according to the circumstances of the case, a correction, the master having the right of appeal to the collector of customs for Cuba.
9. Captains entering ports due to stress of weather are not required to present the certified manifest, but will prepare and present a copy of it, as prescribed in article 78.
ART. 78. If a vessel destined to the foreign trade enters some other than the port of its destination, by stress of weather, pursuit, or duress by enemies or other necessity duly established, a period of three days shall be conceded to the captain in order that he may draw up, sign, and present his manifest, with the details required by article 77.
If a vessel destined to the island of Cuba enters, by stress of weather, pursuit, or duress by enemies or other necessity, in a port other than its destination, the manifest shall be returned to the captain upon his departure, certified by the collector of customs, who will retain an exact copy of the same, signed by the captain or his consignee, and who shall send another copy to the collector of the port of destination.
When the stress of weather, pursuit, or duress of enemies or other necessity occurs in some cove, anchoring place, or harbor on the coast, the captain or master shall present his original manifest and two







copies to the customs inspector there, if any, or to the local authority in the contrary case, and who, after returning the original to the captain upon his departure, shall send one copy to the collector of customs at the port to which the vessel is destined and the other to the collector of customs for Cuba.
ART 79. The master of every vessel bound to a port of Cuba must, on arrival within four leagues of the coast or within the limits of any collection district in which the cargo or any part thereof is intended to be unladen, produce the manifest for inspection to any officer of the customs who may first come on board the vessel, and deliver to him a copy thereof subscribed by him.
The officer, after the requisite examination and comparison of the original and copy, shall certify on the original to its production, and on the copy to the fact of its agreement with the original, and shall forthwith transmit such copy or copies to the collector of the district to which the merchandise may be consigned.
ART. 80. Upon arriving at a port and delivering the manifest, the captain shall present a note in which shall be specified the provisions and supplies which he has on board.
He shall also present another note of the total number of passengers which he brings, and their baggage and effects, separating them according to the ports of their destination.
le shall enter the port with all promptness consistent with the condition of the weather, and the vessel shall stop and cast anchor or take moorings in the position indicated therefor, from which place it shall not be moved without previous permission of the authorities of the port and of the collector of customs.
ART. 81. The Marine-Hospital Service, in accordance with its regulations, shall inspect the vessel and declare whether or not it shall be admitted to "free pratique." If the vessel is admitted to "free pratique," the surveyor shall request the manifest, stamping upon it the time at which it is delivered to him and the ladings which it contains.
Afterwards he shall examine the log book, making note of whether it is kept in proper condition and whether it is shown therein that the vessel touched in any other port without the same having been duly set down in the manifest. Upon leaving the vessel to deliver the manifest to the collector of customs, one or more inspectors shall be left on board.
At the time of this visit captains shall report in writing whether they have suffered any accident at sea which has obliged them -to lighten any part of their cargo.
ART. 82. Upon receipt by the collector the manifest shall be duly filed, after being stamped with the word "admitted," togetherwith the hour and date of such admission.
ART. 83. The hour at which the manifest is admitted by the collector of customs shall be the basis for the computation of the periods







which may be conceded for the different operations of the customhouse.
ART. 84. Within the period of twenty-four hours next following the entry of a vessel, unless a legal holiday shall intervene, the captain shall present two copies of his own manifest translated into Spanish.
If cargo is carried for more than one port he shall present at the first port, in addition to the copies above mentioned, one copy of the partial cargo destined to the same.
One of the general copies authorized by the collector and containing the information as to whether the original has been certified or not shall be taken by the captain and presented at each one of the intermediate ports at which he may stop, for comparison with the partial ones, and shall serve as a base for all custom-house operations, being certified in each intermediate custom-house and filed in the last.
After presenting the general manifest, with its copies, in the port of first destination, the captain shall present two partial copies of the cargo consigned to each port at each one of the intermediate customhouses.
ART. 85. If the Marine-Hospital Service upon inspection shall order that the vessel remain under observation, a custom-house inspector shall be placed on board or in a launch at a distance to be indicated by the Marine-Hospital Service, in order to exercise proper vigilance over the vessel.
The manifest will be delivered without loss of time to the surveyor of the port with the intervention of the Marine-Ihospital Service, and the obligation of presenting the copies shall be counted from the time at which the vessel may be admitted to " free pratique."
ART. 86, Every captain of a vessel entering a port, upon delivering the note of the ship's stores, as provided for in article 80, shall declare, under oath, that said stores are destined exclusively for the use of the vessel and are not intended to be sold nor transferred nor for private use. But if, in the judgment of the collector of customs, the amount of said stores appear excessive, the corresponding duties shall be paid upon said excess.
ART. 87. The manifest shall state the consignees or owners of the merchandise included therein.
When a bill of lading has been made to order, that fact shall be so expressed in the manifest, and the person presenting himself with said bill of lading, in accordance with the last indorsement thereon, shall be held to be the consignee.
Merchandise consigned to order which is not duly entered within three days after the admission of the manifest shall be sent by the collector to general order stores.
ART. 88. The residence of the captain or master of a vessel entered in the harbor is the residence or office of the consignee of the vessel.







If there be no consignee it will be the residence or office of the consul or vice-consul of the nation to which the vessel belongs, and, in the absence of both of these, it will be the vessel which he commands.
Citations or notifications which are left aboard of his vessel, or with any person belonging to the office of the consignee, or of the consulate, shall have the same legal force as if they had been made to the captain in person.
ART. 89. The collector of customs shall order to be placed in the custom-house, in the most prominent spot, a bulletin board where there shall be exhibited to the public a note of the name of the captain of the vessel and of the port of original departure of all vessels which enter the port, and also of the hour at which their manifests were delivered. These notices shall be authorized with the signature of the collector of customs, and shall serve as a basis for computing the periods indicated by these regulations, and shall not be removed until all operations in connection therewith shall have been completed.
ART. 90. The clearance of a vessel shall not be permitted for any other port until she shall have discharged all her cargo, or shall have properly accounted for the same.
ART. 91. Before the departure of a vessel from any port the captain shall deliver to the proper official the manifest of the route of said vessel, specifying the marks, number of packages and description of their contents, together with the names of the shippers and consignees, and with a statement of the value of each separate consignment, as well as of the names of the passengers and their destinations. The dispatch of the vessel will then be permitted. No prohibited or contraband merchandise shall be exported.

SECTION THIRD.

Consignees.

ART. 92. The consignee is the person to whom a vessel or its cargo is directed. There are, therefore, consignees of vessels and consignees of merchandise.
ART. 93. The consignees, both of vessels and of merchandise, can make use of their clerks or custom-house agents for the customs operations.
The clerk must present, before being permitted to dispatch, a written authorization from his principal or employer, who shall thereby become responsible for all acts of said clerk in the conduct of customhouse business. These authorizations shall be registered in a book, which shall be kept by the collector of customs, and shall have full legal force and effect until the principals request their cancellation or the substitution of the same by a written request to the collector of customs, or until they shall be annulled by the collector of customs himself for due cause.







Customs agents may ask, in writing, of the collector of customs for authorization to act as such, and, upon being admitted as a customhouse agent, they shall give bond to the satisfaction of the collector of customs in the sum which he may order, and their names, bonds, and residence shall be registered in a book, which the collector of customs shall keep, and their authorization shall have full legal force and effect until, for due cause, they may be annulled by the collector of customs or until the interested parties cease to be such agents.
ART. 94. The consignee of the vessel shall be considered to be the person whom the captain may designate as such in his manifest, and the consignee of merchandise to be the one indicated in the manifest, in accordance with the bills of lading, when these are made to some determined person; and shall be considered to be the last person in whose favor the said bills of lading are endorsed, in case the merchandise comes consigned to order. A banker holding a bill of lading as a guarantee for money advanced, may transfer it by endorsement to the actual importer. The agents of marine insurance companies shall be recognized as the consignees of merchandise abandoned to the companies, and the salvors of merchandise found in abandoned vessels upon the high seas shall be recognized as the consignees.
The person designated may freely admit or renounce a consignment. The renunciations must be made within 24 hours after the admission of the manifest, and be officially directed to the collector of customs, otherwise the consignment will be understood to be admitted.


CHAPTER VII.

ENTRY OF MERCHANDISE.
ART. 95. All imported merchandise must be entered at the customhouse of the port of arrival either for immediate consumption or in bond by the person holding a bill of lading which names him as the consignee, or a bill of lading endorsed to his order by the consignee named therein. A banker holding a bill of lading as security for advances of money may transfer the same by endorsement to the actual importer. Underwriters will be recognized as consignees of merchandise abandoned to them, and salvors as consignees of merchandise found by them derelict at sea.
A consignee holding a bill of lading drawn to his order or assigns may transfer the same to any person who can lawfully make the required declarations on entry, and the holder of a bill of lading drawn in blank " to order," and endorsed by the shipper or consignor, may make entry of the merchandise specified therein.
Whenever from evidence furnished by the invoice or bill of lading, or as in the case of custom-house brokers and forwarders, by the known business of the parties making entry, the collector has reason







to believe that the consignees named in the bill of lading are, in fact, intermediary agents for the delivery of the merchandise to the ultimate consignees or real owners, there shall be required upon the entry a statement of the names of such ultimate consignees, and bonds must be taken for the production of the declaration of the owner or real importer. And collectors shall, whenever they consider it expedient, require of such ultimate consignees, the bills of sale pertaining to the importation which they may have in their possession.
Duties accrue upon imported merchandise upon arrival of the importing vessel within a port of entry with intent to unlade.
ART. 96. Merchandise which comes consigned to different consignees in the manifest can not be united in a single entry, and it shall be necessary to note in the entry the paragraphs of the manifest which correspond to said merchandise, it being understood by paragraph of the manifest, the consecutive statement of packages and merchandise which the captain makes in his manifest for each consignee.
The declarations shall be numbered consecutively by fiscal years, and there shall be noted in the manifests, opposite the respective paragraphs, the accuracy of the comparison made by the proper official of the custom-house between the manifest and the declaration.
The entries shall be made upon an entire sheet of paper. If one is not sufficient, the necessary interior ones shall be added for the purpose, and all shall-be duly authorized by the corresponding departments of the custom-house..
They shall be made in duplicate, except in the case of entries for warehouse or immediate transportation, in which case they shall be in triplicate.
ART. 97. In the entries mentioned in the preceding article, the consignees shall set forth the following information:
1. Name of the vessel and of its captain, class, and that of the nation to which it belongs.
2. The port or ports from whence cleared.
3. That of the person to whom the merchandise is consigned.
4. Number and paragraph of the manifest.
5. Number of packages, class, their marks, numbers, description, or statement as to whether they have marks or not.
6. Number and letter of the paragraph of the tariff under which each article is dutiable.
7. Number, class, quality, and quantity of the merchandise in the weights and measures of the tariff. The description of each artfcle shall be sufficient to base thereon the classification.
8. Gross and net weight of each article.
9. There should also be expressed the quality and weight of merchandises which pay different duties under the tariff.
10. The value of the merchandise in detail.








11. The date and the signature of the interested party.
The entry shall, before it can be accepted, be verified by the oath of the consignee or owner in the following form:

DECLARATION AND OATH OF CONSIGNEE, IMPORTER, OR AGENT.

I. . do solemnly and truly swear (or affirm) that the'invoice and bill of lading now presented by me to the collector of are the true and only invoice and bill of lading by me received of all the goods, wares, and merchandise imported in the --, whereof is master, from --, for account of any person whomsoever for whom I am authorized to enter the same; that the said invoice and bill of lading are in the state in which they were actually received by me, and that I do not know nor believe in the existence of any other invoice or bill of lading of said goods, wares, and merchandise; that the entry now delivered to the collector contains the just and true account of the said goods, wares, and merchandise according to the said invoice and bill of lading; that nothing has been on my part, nor to my knowledge on the part of any other person, concealed or suppressed, whereby the island of Cuba may be defrauded of any part of the dutylawfully due on the said goods, wares, and merchandise; and that if at any time hereafter I discover any error in the said invoice or in the account now rendered of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately'make the same known to the collector of this district. And I do further solemnly and truly swear (or affirm) that to the best of my knowledge and belief (insert the name and residence of the owner or owners) is (or are) the owner (or owners) of the goods, wares, and merchandise mentioned in the annexed entry; that the invoice now produced by me exhibits the actual cost (if purchased) o- fair market value (if otherwise obtained), at the time or times and place or places when or where procured (as the case may be), of the said goods, wares, and merchandise, all the charges thereon, and no other or different discount, bounty, or drawback but such as has been actually allowed on the same.




Personally appeared before me in the place and on the date aforementioned
, whom I know to be the person named, and who made and subscribed the aforegoing declaration.
Sealed with my official seal and subscribed with my signature on the abovementioned date.

Notary Public.


DECLARATION AND OATH OF OWNER IN CASES WHERE -IERCHANDISE HAS BEEN ACTUALLY PURCHASED.
I, , do solemnly and truly swear (or affirm) that the entry now delivered by me to the collector of contains a just and true account of all the goods, wares, and merchandise imported by or consigned to me in the
- whereof - - is master, from - ; that the invoice which I now produce contains a just and faithful account of the actual cost of the said goods, wares, and merchandise, of all charges thereon, including the charges of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting on, and packing, and no other discount, drawback, or bounty but such as has been actu23076-01--3







ally allowed on the same; that I do not know nor believe in the existence of any invoice or bill of lading other than those now produced by me, and that they are in the state in which I actually received them. And I do further solemnly and truly swear (or affirm) that I have not, in the said entry or invoice, concealed or suppressed anything whereby the island of Cuba may be defrauded of any part of the duty lawfully due on said goods, wares, and merchandise; and that if at any time hereafter I discover any error in the said invoice or in the account now produced of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of the district.



Personally appeared before me in the place and on the date aforementioned the undersigned , whom I know to be the person named, and who made and subscribed the aforegoing declaration. Sealed with my official seat on the above-mentioned date.

Notary Public.

Whenever it is demonstrated to the satisfaction of the collector of customs that the consignee, by reason of temporary absence or illness, can, not personally make the entry of his merchandise, he can be represented by an agent, duly authorized by a power of attorney delivered to the collectorof customs, and said agent can make the entry and perform the other necessary transactions in reference thereto. In case of an entry so made by an agent acting under a power of attorney, the consignee or principal, in common with the agent, shall be responsible for all acts connected with the entry and, dispatch of the merchandise and whatever ones made in violation of the provisions of article 221.
A false oath in connection with the entry of merchandise shall be subject to the pains and penalties prescribed by the law of the land for perjury.
No entry shall be admitted in which there are amendments or erasures, nor shall any invoice be admitted except the original, signed one, of the manufacturer, producer, or seller of the merchandise. Invoices shall be made on firm and durable paper, in a legible manner, and on one side of the paper only, in indelible ink. They shall be made in duplicate, except in case of entries for warehouse or immediate transportation, when they shall be in triplicate.
When the two copies of the declaration do not exactly correspond, the official of the custom-house in charge of the same shall advise the consignee in order that he may present a proper entry without extending the period prescribed by these regulations.
ART. 98. Every entry presented to the custom-house shall be accompanied by the following:
1. The original bill of lading or bills of lading covering the merchandise declared, consigned, or duly indorsed to the importer.
2. The invoices, expressing in detail the merchandise declared, spe-





35


cifying the number of packages, their marks, gross weight, dutiable weight, class, detailed contents, component niaterial, detailed price, and the total value, including a statement of the expenses incurred by the merchandise up to the time they were packed and ready for shipment to Cuba.
3. The consumption permit must correspond to the entry.
ART. 99. All imported merchandise shall be invoiced in the currency of the place or country from which it is imported, and, if purchased, in the kind of money in which it was actually paid for.
For the purpose of the assessment of duties, the kind of money expressed in the invoice shall be reduced to the currency of the United States at the rate of value of foreign money, as established by the Secretary of the Treasury of the United States, upon the first days of January, April, July, and October of every year. The date of the invoice will indicate the value of the money.
When the standard value of a foreign coin has not been thus proclaimed, any invoice expressed in such coin must be accompanied by a consular certificate, showing its value in standard gold dollars of the United States.
The gold coins provided for in the Customs Tariff for Ports in the Island of Cuba as being acceptable in the payment of duties shall be received at their value as stated in said tariff in unlimited sums.
Silver dollars of the United States, other than trade dollars, and pesos (at the value fixed for the peso in the Customs Tariff for Ports in the Island of Cuba) are receivable for duties in unlimited sums.
Fractional silver coins of the United States are receivable for duties in sums not exceeding ten dollars in any one payment, or Spanish fractional silver coins in sums not exceeding an equivalent amount according to the rates fixed in the Customs Tariff for Ports in the Island of Cuba.
ART. 100. The values of imported merchandise subject to duty ad valorem, and duty imposed upon and regulated in any manner by the value thereof, shall be the actual market value or wholesale price of such merchandise, as bought and sold in usual wholesale quantities at the time of exportation to the island of Cuba, in the principal markets of the country from whence imported, and in the condition in which such merchandise is there bought or sold for exportation to the island of Cuba, or consigned to the island of Cuba for sale, including the value of all cartons, cases, crates, boxes, sacks, and coverings of any kind, and all other costs, charges, and expenses incident to placing the merchandise in condition packed and ready for shipment to the island of Cuba.
ART. 101. Collectors shall make a preliminary examination of all import entries of merchandise, and when found inaccurate or incomplete, either in the description of articles or in omitting proper quantities or values, or for any error apparent on the face of the entry, shall require the correction thereof before the acceptance of the entry.







ART. 102. Collectors shall consider the country in which the imported merchandise was invoiced as the country whence the same was imported, and shall direct that all entries of imported merchandise shall indicate both the country and place where the invoice was dated, and the country and port whence the final shipment was made, together with the nationality and motive power of the vessel in which the same was brought.
ART. 103. Every invoice must represent a distinct shipment to one consignee or firm of consignees by one vessel. If, by reason of accident or short shipment, a portion thereof should fail to arrive, an extract from the original invoice, certified by the collector, may be used for entering the remaining packages, but the consolidation of separate shipments on one invoice shall not be permitted.
ART. 104. No merchandise over $100 in value, except personal effects accompanying a passenger, shall be admitted to entry without the production of the invoice thereof, unless the importer shall make application under oath showing that it is impracticable to produce such invoice. This affidavit shall be accompanied by a statement of value or pro forma invoice, which shall be verified by declaration in the following form:
APPLICATION TO ENTER GOODS WITHOUT INVOICE.
To the Collector of Customs, Port of
I, , of the firm of , do hereby make application on oath to enter without invoice ,imported by- , in the
, from
The ground of this application is that no invoice of the goods above described has been received; that the causes of the nonreceipt of such invoices are, to the best of my knowledge, information, and belief, as follows: And the prices set forth in the statement hereto annexed show the actual cost or the foreign-market value of the merchandise embraced therein to the best of my knowledge, information, and belief.
(Signed.)



Sworn to before me this - day of

The collector shall make careful examination of the facts and require the production of any available evidence to assist in the ascertainment of the value of the importation, and he will allow no entry of merchandise over $100 in value under this provision unless he shair be satisfied that the failure to produce an invoice is due to causes beyond the control of the importer; and the latter shall be required to give bond for the production of an invoice. The penalty named for failure shall be double the amount of estimated duties or, if the merchandise be free of duty, the sum of $100. When the- invoice is received it must be compared with the entry, and any duty remaining due must be







collected. The provisions of the law regarding penalties for undervaluation are alike applicable to pro forma, invoices, but no refund of duty'shall be made because an invoice exhibits a lower value than that shown by the pro forma invoice.
ART. 105. All merchandise shall be so packed as to facilitate the examination and appraisal thereof, and interior cases shall be legibly marked as to the contents. Any consignment not packed in compliance with this article will be detained for a special examination.
ART. 106. Goods found to be fraudulently entered, either as to value, quantity, or character, shall be forfeited to the Government, and any goods which have been subject to an attempt to import into Cuba without being duly entered and declared and duly passed at the custom-house shall be seized and confiscated.
ART. 107. Any goods, wares, or merchandise not duly entered within ninety days after importation shall be sold at auction by order of the collector of customs for Cuba, on approval of the military governor, after five days' public notice, conspicuously posted at the port: Provided, That the period of ninety days may be extended by the collector of customs for Cuba, not exceeding a period of six months from the date of the importation, when good and sufficient 'easons therefor are presented to him, if, in his judgment, the interests of the Government will permit such extension. The proceeds of such sale shall be kept for ten days subject to the demand of the importer, after deduction of the proper duties on the goods and all expenses of storage and sale: Afd it is further provided, That the customs authorities may destroy any unclaimed leaf tobacco at the expiration of the period allowed for entry, provided that the collector of customs shall be satisfied that the duty accruing upon said tobacco would not be realized by the sale thereof.
ART. 108. All seized and confiscated merchandise shall be sold in the same way, and the proceeds of such sale, after deducting all charges, shall be delivered to the collector or other customs official duly designated for that purpose: Provided, That the customs authorities may destroy seized and confiscated leaf tobacco so as to prevent its sale at less than the duty imposed by the tariff,
ART. 109. The merchandise deposited in the general-order stores which, in the opinion of the collector, may, by depreciation in value, damage, leakage, or other cause, result to be insufficient, upon being sold at auction, to pay duties for storage and other charges corresponding thereto, if it be permitted to remain in the warehouse during the period prescribed by the regulations, shall be sold at public auction, after due public notice, as specified above, of not less than three or more than six days, as the collector may determine, and the proceeds disposed of and accounted for as on regular sales of unclaimed goods, except that in case of abandoned goods no part of the proceeds shall be returned to the owner of the mnerchandise.







ART. 110. From the proceeds accruing on such sales of warehoused goods will be paid the following charges in the order named:
1. Expenses of appraisal, advertisement, and sale.
2. Duties at the same rate as if the merchandise had been regularly withdrawn for consumption.
3. Any other charges due the Cuban customs in connection with the goods.
4. Any sum due for freight on the voyage of importation of which due notice shall have been given in the manner hereinafter prescribed.
5. Storage and other charges for which the goods may be liable.
In case of warehoused goods in public stores, the storage dues thereon will be paid from the proceeds next after the expenses of sale.
No allowance for damage to goods, wares, and merchandise imported into Cuba, incurred during the voyage of importation, shall be made in the estimation and liquidation of duties thereon; but the importer thereof may within ten days after entry abandon all or any portion of the goods, wares, and merchandise included in any invoice, and be relieved from the payment of duty on the portion so abandoned: Provided, That the portion so abandoned shall amount to ten per centum, or over, of the total value or quantity of the invoice, and the property so abandoned shall be sold by public auction or otherwise disposed of for the account and credit of the island of Cuba under such regulations as the military governor may prescribe. All merchandise so abandoned by the importer thereof shall be delivered by such importer at such place within 'the port of arrival as the chief officer of customs may direct, and on the failure of the importer to comply with the directions of the collector in this respect, the abandoned merchandise shall be disposed of by the collector at the expense of such importer.
ART. 111. No merchandise shall be imported into Cuba in vessels of less than thirty tons, gross capacity, under penalty of confiscation.
ART. 112. Upon the declaration being presented and found correct it shall be admitted and duly numbered and compared with the manifest, and the invoice or invoices and bills of lading shall also be compared therewith.
They shall then be noted in a register, in which shall be set forth the number of the declaration, that of the manifest, its paragraph, name of the vessel, the port from whence cleared, and the name of the consignee.
Note having been taken of the declarations, statements shall be nlade of those corresponding to the wharves, the appraiser's warehouse, and the bonded warehouse division, in order that they may be delivered to the respective chiefs of these departments, taking their receipt therefor, and said chiefs of departments, before proceeding to the appraisal, shall have the entries duly recorded in a book kept for that purpose.
ART. 113. When a consignment is renounced, or the consignee designated by the captain can not be found, or has died without leaving







anyone to take his place, or when, in the case of cargoes consigned to order, no one should present himself as the consignee of the same within the period of time established by these regulations, the collector of customs shall order the packages stored at the captain's expense, remitting the documents and all information relating to the shipment, as expressed in article 97, and such other data as he may acquire to the consul or vice-consul of the nation of the shipper, if he should be a foreigner, or to the governor-general of the island, in case he should be an American, in order that said official may, in accordance with the commercial code, nominate some responsible merchant to fill the place of the consignee.
In the same way the consul or vice-consul, or the merchant so named, shall be considered as the owners of the merchandise, and can, as such, enter it within the periods allowed.
In case these periods have transpired without any authorized person presenting himself to dispatch the goods they shall be considered to be abandoned.
ART. 114. Whenever the collector of customs receives due notification of any lien for freight upon any imported merchandise he shall refuse to deliver the same until such lien has been satisfied.
Every person claiming a lien for freight upon imported goods in the possession of the collector must serve upon him or his deputy a notice designating particularly the goods, packages, marks, and number; the warehouse in which the same are stored; the names of the owners, importers, or consignees, and the vessel by which the goods were imported; the date of the arrival of the goods and the amount claimed. This must be signed by the claimant or his duly authorized agent, and verified by affidavit. Liens on goods entered for immediate transportation without appraisement can not be accepted by the collector of the port of first arrival, but must be filed with the collector at the port of destination.


CHAPTER VIII.
DISCHARGE OF MERCHANDISE.
ART. 115. The discharge of a vessel shall be permitted by the collector after proper entry of such vessel in the custom-house.
The cargo for immediate delivery may be landed immediately, after the granting of a permit to land, upon the wharves and at warehouses specially designated by the collector for the purpose.
The discharge of cargo shall be made under the supervision of inspectors assigned to duty by the surveyor, and the responsibility of the captain To the custom-house shall not cease until the packages are properly delivered to the consignee or taken possession of by the collector, or until those packages which are to be examined and appraised







in the appraiser's warehouse shall have entered therein. The consignee of the vessel shall always be responsible for any shortage or deficiencies which may result.
All goods landed, no permit for the delivery of which has been received by the inspector at the expiration of the time allowed by the collector for such goods to remain upon the wharves, shall be sent to the general order store. Storage and all other expenses on such goods must be paid by the owner or consignee, or, when the goods are sold as unclaimed, from the proceeds. The discharge must be effected in the number of days prescribed in these regulations and only exceed them in special .cases. For good reason, after petition has been made by the consignee in each case, the collector of customs may grant an extension.
ART. 116. All goods not duly entered for payment of duty within ten days after their arrival in port shall be taken possession of by the collector of customs as unclaimed and placed in store, to be disposed of as provided for in article 107.
The discharge must be made by the vessels in the places designated for the purpose by the collector. If the cargo is to be discharged in lighters, the master of the lighter, who should be under bond, shall receive from the customs inspector who is in charge on board of the vessel a signed note stating the part of the cargo which the lighter conveys, and which is to go from the vessel to the wharf, and said lighters shall be accompanied, whenever it is considered necessary, by a customs inspector, who shall not permit them to approach the side of any otlier vessel nor to stop on the way. When the lighters arrive at the wharf, the packages which they convey shall be immediately discharged, under the supervision of customs inspectors detailed by the surveyor to take charge of the cargo, who shall examine them and check their classes, marks, and numbers with those expressed in the lighter's conduce, placing the word "correct" if he finds them correct. Otherwise he shall inform the surveyor of the port, in order that the proper action may be taken.
ART. 117. The master of any steamship trading between foreign ports and ports in the island of Cuba, and running in a regularly established steamshil) line, which line shall have been in existence and running steamers in the foreign trade for not less than six months previous to the application of the privilege extended by this article, arriving in a port of entry, may make preliminary entry of the vessel by making oath or affirmation to the truth of the statements contained in his manifest and delivering said manifest to the customs officer, who shall board said vessel, whereupon the unloading of such vessel may proceed upon arrival at the wharf, under the special regulations governing such cases. Any customs officer who umay be designated for that purpose by the collector of the port is authorized to administer the oath or affirmation herein provided for.







ART. 118. The details of the discharge of merchandise shall be arranged in accordance with the general provisions established in relation to the duties of the surveyor of the port and his employ~s.
Merchandise brought in a vessel from a foreign port can not be unladen or delivered but in open day except by special permission 'from the collector; and upon the execution of a sufficient bond, conditioned to indemnify him for all losses and liabilities which may be occasioned by reason of the granting of such permit, the collector shall grant a special permission to any vessel from a foreign port to unlade cargo at night. When permits are granted to discharge at night or on holidays, for the convenience of the vessel owner or consignee, a uniform and reasonable compensation shall be allowed to inspectors for their services, to be paid, through the collector, by said vessel owner or consignee.
In general, where services are rendered by the custom-house at unusual hours for the benefit of the vessel or importer, they will be charged by the custom-house to said vessels or importers, respectively.
ART. 119. No package shall remain upon any wharves over night, except upon the wharves of the custom-house, nor shall any package remain at any place where it is landed, unless there be buildings suitable for its safe-keeping while it remains under the custody of the custom-house and under the supervision and responsibility of the surveyor of the port.
Whenever, on account of the cargo being very valuable, it shall be considered necessary to take measures of safety therefor, the collector of customs, or, in his absence, the surveyor of the port, may order that every day, upon commencing and terminating the discharge of a vessel, the seals mentioned in article 31 be removed and replaced, respectively. This will be done in the presence of one of the officials of the custom-house, care being taken that, if practicable, the same person removes the seals who placed them, after an examination as to their integrity.
If, upon removing the seals in the morning to continue the discharge, notice be given by the official in charge of this operation that the seals have been broken or in any way tampered with, immediate report shall be made to the collector of customs in order that he may proceed to a prompt investigation of the matter, and impose the penalty which he may consider proper, the sum not to exceed $500 nor to be less than i100; and if it results that any part of the cargo has been extracted during the night, whatever be its quantity, official report, fixing the blame therefor, if possible, shall be made to the collector of customs, for procedure as contemplated in article 224.
ART 120. All packages landed for their appraisal in the appraisers' warehouses, where there are such, shall be conveyed, under the custody of the surveyor of the port, to the entrance gate of the customhouse or warehouse, where the respective storekeepers shall receive







them, together with the certificate of weight furnished by the surveyor of the port; the weight thereof shall be noted in a book and a receipt delivered therefor. The storekeeper shall then make an examination to see whether the packages are in good condition, or whether they are broken or bear signs of damage or of having been opened, and in such cases lie shall report the matter to the collector of customs, through the proper channels, making the proper notes of the fact in his books.
The storekeeper's book shall have the necessary headings to set forth the number of packages, their classes, marks, numbers, gross weight, consignee, date of their entrance, importing vessel, origin of the same, and observations.
The storekeepers and the employ6s of the appraiser store or warehouse shall securely guard the merchandise and take care to prevent any damage or confusion of packages at the time of appraisal. To this end they will place the bales, sacks, cases, and other packages separately and in good order, according to consignments, and with the marks in plain view.
In order that the merchandise in the warehouses may be well guarded, the storekeeper shall always keep the keys thereof in his own possession and personally superintend the opening and closing of the doors and windows. He shall be required to be in constant attendance at the stores from eight o'clock a. m. to five p. m., except during the time necessary for meals, when the stores shall be closed. Collectors may extend the hours of attendance in any special instance, according to their discretion.
He shall not permit goods to be received, delivered, sampled, packed, or repacked, except in his presence or the presence of some person designated as an assistant by the collector, nor without a written order from such collector.
ART. 121. When vessels bring merchandise in bulk the collector of customs shall dictate such rules as he may consider necessary for the conduct of their unlading.
Cattle may be landed as soon as vessels arrive in port, within working hours, provided the consignee bonds himself to comply with all formalities prescribed, and to satisfy all duties corresponding thereto. The official veterinarian of the port, whenever required by laws regulating the inspection of cattle, shall be present at the landing of cattle for the proper inspection of same, and no cattle shall be delivered without the certificate of health signed by said veterinarian.
ART. 122. In order to land passengers' baggage, it will be sufficient that the inspector in charge on board of the vessel sign the baggage manifest which the captain shall present to him, sending it to the chief of the passenger department, after comparing it with the number of packages which are disembarked.
Whenever it is deemed necessary, an inspector shall accompany the baggage to the wharf where it is to be examined, and the officer who







makes the exanination thereof shall certify to the same, and to its conformity, at the foot of the said manifest. After the filing of a bond guaranteeing their reembareation, the landing of sails, casks, chronometers, and other portions of the vessel's equipment shall be permitted, in order that the same may be repaired. All dutiable merchandise brought by passengers coming from foreign ports which exceed $500 in value, shall be duly entered in the custom-house for its appraisal and assessment of duties in regular form; but if the value of such merchandise be less than said amount, the entry of the same can be made by verbal declaration. Cigars brought by passengers, evidently for their bona fide personal use, can be admitted free of duty in quantities not exceeding 100.
The duties on passenger effects when not amounting to more' than one dollar in any one case may be remitted by the collector.
ART. 123. Where goods and wares consigned to a port in Cuba are landed in error at a different port in Cuba, and the collector at the original port of landing of such merchandise, etc., on investigation is convinced by the manifest and other evidence of such error, he may permit the reshipment of said merchandise, etc., to its proper destination under transportation bond and regulations governing same. Said bond may be executed by designated agent or owner of the merchandise or agent of the vessel landing the merchandise, etc., in error. The merchandise shall be transshipped on another vessel of the same line unless in the judgment of the collector this will cause unnecessary delay, in which case lie may permit the transshipment by a vessel of any regular line.
The collector at the final port of destination on receiving such merchandise, etc., will officially notify the collector at the original port of landing where transportation bond was executed, which official notice shall be authority for the cancelling of the "transportation bond."
Merchandise, etc., thus transported in bond must be examined at the original port of landing, in order to establish that the landing was in error and not with intent to defraud. The collector at the first port of landing will inform the collector of the port of destination of the result of the examination. The collector at the port of destination of such merchandise, etc., transported in bond shall require same to be regularly entered for consumption, and collect duties on same after appraisal.
All merchandise, etc., thus transported in bond shall be corded and sealed by the collector at the original port of entry at the expense of the consignor; and all vessels acting as common carriers for the transportation of such merchandise in sealed packages in bond shall be held responsible for their safe delivery at the port of destination, and shall have same noted on the vessel's manifest as "merchandise in bond."





44


The attention of all collectors is called to the privilege granted hereby, and they are cautioned not to allow same to be abused by the importation of merchandise, etc., not manifested, and without sufficient evidence to satisfy them beyond a doubt that such merchandise is not in excess of the vessel's manifest given at the port of sailing, and was actually landed in error; also that these provisions do not in any manner change the regulations governing merchandise, etc., in excess of a vessel's manifest except as above stipulated-i. e., landed in error at wrong port, as per conclusive evidence shown.
ART. 124. The following acts are prohibited under the penalties hereinafter prescribed:
1. To land any article from a vessel or transfer it to another vessel without the necessary permit from the collector of customs.
2. For ahy vessel to go alongside of another while the latter is discharging without the proper permit.
ART. 125. When merchandise remains on board of a vessel after the expiration of the period allowed by these regulations for the discharge of cargo of the same, the collector may take possession thereof.
The legal time allowed is as follows:
Vessels of less than 300 tons, 8 working days after entry.
Vessels of 300 tons and less than 800 tons, 12 working days after entry.
Vessels of 800 tons and upward, 15 working days after entry.
The working days of a vessel are to be computed by excluding the date of entry, legal holidays, and stormy days when discharge of cargo is impracticable in the opinion of the collector.
ART. 126. In the case of merchandise which has been taken possession of by the collector the landing permit shall be issued and shall be noted in a special record, and all other formalities prescribed for ordinary cases shall be complied with.
All expenses incurred in such cases-those for transportation, storage, and all others-shall be charged to the consignee, or to the merchandise itself when it is unclaimed, which latter shall be sold in the form hereinafter prescribed.
ART. 127. The master of a vessel bringing ballast of no mercantile value may obtain a permit to discharge the same on taking the proper oath.
The following permit shall then be issued:

FORM No. -.

PERMIT TO UNLADE BALLAST OF NO MlERCANTILE VALUE.
PORT OF

To the in sjcctors:
You will allow to be unladen from the ,from ,the ballast, consisting of ---, if, upon your examination thereof. you find it to





45

be of no appreciable mercantile value, and report the same upon your return. If you find it to be of appreciable mercantile value, you will indorse the fact upon this permit and return it to the collector for further orders.

Collector.

ART. 128. Any Government official seizing a contraband vessel, as soon as the latter shall be considered as such, shall have all hatches and openings in the same closed and sealed, and they shall only be opened in the presence of the collector of customs at the port to which the vessel proceeds, to whom the capture shall be delivered, together with the records of the seizure and all papers found on board.
Before the vessel is boarded by the collector notice shall be served upon the consul of the nation to which the vessel belongs. In the failure of either the consul or his representative to appear at the appointed time the necessary formalities shall proceed without his presence.
In the presence of the above-mentioned persons the hatches shall be opened, and as the packages are taken from the hold a statement shall be made out setting forth the classes of the packages, their number and marks, which statement shall be signed by the collector and the consul, or his representative, if any there be. The surveyor of the port shall verify this statement and order the goods sent to the customhouse, where they shall be received by the storekeeper. They shall then be checked off on the above-mentioned statement, strapped and sealed, and placed in the warehouse designated for the purpose.
The collector of customs shall issue a certificate, based upon the statements rendered in connection with the seizure, which certificate shall be delivered to the Government official making the seizure, to be attached to the other documents in the case and remitted to the governor-general in order that he may take such action as he may deem proper.
The expenses of discharge and all others incurred in connection with the seizure shall be paid from the proceeds of the sale of the seized merchandise.


CHAPTER IX.

APPRAISAL OF MERCHANDISE,
ART. 129. The officer in charge of the appraisers' division shall be the direct representative of the collector of customs for Cuba in all matters pertaining to the appraisal of merchandise, whether dutiable or free.
ART. 130. Under the orders of the collector he will supervise the appraisal, through his assistants, of all merchandise, goods, wares, and effects of whatever description which may be presented to him






in proper form, and for the appraisal of which the proper order has been received.
ART. 131. He shall be responsible to the collector of customs for Cuba for the correct appraisal of all such goods; that the amounts, classes, and values returned by the appraisers' division are, in all respects, accurate and correct; and that the paragraphs, letters of paragraphs, rules and dispositions of the tariff, and the rules and orders of the collector of customs for Cuba in respect thereto, have been correctly applied and followed.
ART. 132. The appraiser shall examine and appraise by all reasonable ways and means all imported merchandise which is designated for that purpose by the collector, and report to the latter, in writing, whether the prices named in the entry are correct according to the market value or wholesale price of similar goods on the day of shipment in the principal markets of the'country from whence exported. In order to assist in the assessment of duty, the appraiser shall describe the merchandise in such terms as will enable the collector to classify the same for duty and report whether the measurements and quantities (except in such goods as are weighed, gauged, or measured by the surveyor) agree with the entry.
Appraisers are under the general control and direction of the collectors in regard to the arrangement and transaction of the business of their department of the customs.
ART. 133. Appraisers shall report to the collector, in writing, upon the entry of any merchandise examined by them, whether the prices named are the same as those demanded on the day of shipment for similar articles in the country from whence exported, also whether the quantities are correct, and shall note upon the entry the description *of the goods covered thereby. Appraisers shall furnish any further information affecting the assessment of duty when requested by the collector.
ART. 134. As the examinations of appraisers are made the basis of the classification of importations for the assessment of duty, it is necessary that the appraisers shall closely inspect the articles ordered .for appraisement, and where they entertain doubts concerning the quality or denomination bf articles, they shall submit samples thereof, with their opinions, to collectors.
ART. 135. Appraisers shall not examine goods for appraisement at other places than the appraiser's room, except as provided by law.
In every case where an examination for appraisement is held elsewhere than at the public store, the appraiser shall state the fact and place of such exceptional examination in his report of the appraisement.
ART. 136. At any time before a reappraisement is entered upon, appraisers can recall entries in order to correct clerical errors in their original returns, but not for the purpose of changing their appraisal.







ART. 137. At ports where appraisers are appointed in pursuance with law, appraisements shall be made by them. Where there are no appraisers, appraisements shall be made by the collector or other authorized officer.
Appiaisers or collectors, as the case may be, are authorized to call before them and examine, upon oath or affirmation, any owner, importer, consignee, or other person, touching any matter or thing which they may deem material respecting any imported merchandise in determining the duty thereupon, and to require the production of any letters, accounts, or invoices relating to such merchandise, and such testimony may be reduced to writing, and shall be filed with the collector.


CHAPTER X.

BAGGAGE.
ART. 138. Passengers' baggage shall be examined as soon as landed, except during the nighttime. Before despatching the baggage the inspector shall ask the passenger if he has dutiable merchandise or effects to declare. The examination shall then be made in the presence of the owner or his representative for the appraisal of such goods as maybe dutiable within the amount, viz, $500, prescribed in Article 122.
The duties shall be made out in a stub book and, after being duly liquidated, the amount of the same shall be paid to the cashier and the detached slips shall be subject to the same formalities as the regular entries.
The passengers shall be searched only in case of extreme suspicion of fraud, and always with due regard to sex and class.
If upon terminating the examination of the baggage any packages remain whose owners do not appear to claim them, the collector shall order them weighed, strapped, and sealed and sent to the warehouse for unclaimed goods, where they shall be subject to the same proceeding prescribed for unclaimed merchandise.

EXAMINATION OF MAILS.
ART. 139. Customs officers shall be detailed from time to time to examine packages received in the foreign mails, and duties on all dutiable articles authorized to be imported by foreign mails must be paid or secured as in other cases.
ART. 140. Mail bags sealed at a foreign post-office may be delivered unopened to the postmaster, to be forwarded or disposed of by him, care being taken that all articles unlawfully imported therein shall be examined by the customs officer nearest the place of delivery. ART. 141. When letters, sealed packages, or packages the wrappers of which can not be removed without destroying them are received







from a foreign country, which are addressed to persons residing within the delivery of the post-office at the port of entry at which they are first received, and the postmaster at the said office at which they are received has reason to believe they contain articles liable to customs duties, he shall immediately notify the customs officer of the district in which his office is located, or the customs officer designated for the purpose of examining the mails arriving from foreign countries, of the receipt of such letters or packages, and their several addresses, and if any letter or package of this character be addressed to a person residing within the delivery of his office the postmaster shall also, at the time of its arrival, notify the addressee thereof that such letter or package has been receive d and is believed to contain articles liable to customs duties, and that he must appear at the post-office at the time designated in said notice and receive and open said letter or package in the presence of an officer of the custoins.
ART. 142. Letters, all registered mail and sealed packages, or packages the wrappers of which can not be removed without destroying them, which are supposed to contain articles liable to customs duties, and which are addressed to persons residing outside of the delivery of the post-office at the port of entry where they were first received from abroad, shall be forwarded to their respective destinations and marked "Supposed liable to customs duties," and upon their receipt at the offices of destination the postmasters thereof shall notify the nearest customs officer and the parties addressed in the same manner and to the same effect as provided for in the preceding article. If a reply is not received from the custons officer within twenty days from the date of said notice, the package may be delivered to the addressee without regard to the stamp "Supposed liable to customs duties." But if the customs officer should request the postmaster to allow the package to be opened in his presence by the addressee, the postmaster shall comply with said request and immediately report the nature and probable value of the contents to the customs officer (retaining the package in his possession), whereupon the customs officer shall inform the postmaster of the amount of the customs charges due upon said package, which amount the postmaster shall collect upon the final delivery of the package and transmit, under official registration, to the customs officer. If, however, the customs officer shall deem it inexpedient to determine, upon the postmaster's report, the customs charges upon any such package, it may be sent, at his request and under official registration, to the postmaster at the place at which the customs officer is located, in whose custody it may be examined And the duty thereon computed by the customs officer, after which it shall be returned to the postmaster at the office of destination for delivery to the addressee upon payment of the duty thus assessed. Nothing herein shall authorize custom officers to seize any letter or sealed package while in the custody of the postmaster, nor until after








its delivery to the addressee. And no letter or sealed package shall be detained at the office of delivery longer than may be necessary for the appearance of a customs officer and of the addressee.
ART. 143. Unsealed packages received in the mails from foreign countries (except registered articles which are to be treated as if sealed), which contain articles liable to customs duties, shall be delivered by the postmaster at the office of receipt to the officer of the customs for the collection of the duties chargeable thereon, with notice of such delivery to the person addressed.
ART. 144. Postmasters are expected to extend to customs officers, specially designated for that duty, such facilities as may be necessary to enable them to examine mail matter arriving in the mails from foreign countries, in order to protect tme customs revenue.
ART. 145. Printed matter imported through the mails is liable to duty, except periodicals in pamphlet form and newspapers; the expression "printed matter" being defined by the statute as including the production upon paper by any process except that of handwriting, of any words, letters, characters, figures, or images, or of any combination thereof, not having the character of an actual personal correspondence.
ART. 146. All lottery tickets and printed matter relating to lotteries found by an officer of customs designated to inspect supposed dutiable matter shall be returned by said officer to the postmaster for disposition in accordance with the orders of the military governor.


CHAPTER XI.

EXPORTATIONS,
ART. 147. Captains desiring to qualify their vessels for the exportation of merchandise shall present to the collector of customs an application therefor in due form.
The exporter shall present to the collector of customs a policy in duplicate, containing the following items:
1. Name, tonnage, nationality, and captain of the exporting vessel.
2. Port or ports of destination.
3. Name of shipper or shippers.
4. Number of packages, class, marks, numbers, and gross weight.
5. The class of merchandise in detail, specifying whether it is domestic or foreign.
6. Person or persons to whom consigned.
ART. 148. Upon receiving the policies the collector shall place upon the original policy an order permitting the lading of the merchandise to be exported, after proper examination by the inspector designated for that purpose.
The inspector designated shall make the examination, entering the
23076-01----4






result on the original policies, signing the same, and returning them to the collector.
ART. 149. The collectors of customs shall make a preliminary examination of all the manifests of merchandise to be exported, and when these are found to be incorrect or incomplete, either in the description of the articles or through omission of the corresponding amounts or values, or through any other error which should appear on the manifest, they shall demand their correction before permitting their exportation. In the case of lines of steamers which sail under special regulations, in order to avoid delays and to facilitate generally their operations, the collectors of customs shall take care that the manifests of the cargo received by such vessels are deposited in the customhouse within four days after the clearance of the vessel.
ART. 150. The countries specified must be, as far as possible, those for which the exported goods are destined, and not those for which the exporting vessels are cleared from their respective ports, if the last country of destination should be different from that for which the vessel has been cleared. Exporters shall be required to state in their policies the country of final destination.
ART. 151. Collectors of customs may authorize the lading of products of the island of Cuba from any point or estate where they may be situated.
When this authorization is granted, the exportation will be completed by the captain and shippers presenting all the documents required by the preceding articles.
The supervision of the lading may be made by a customs employ6 or inspector expressly detailed for the purpose by the collector of customs; all expenses incurred being charged to the account of the shipper.
When the lading is completed, the collector of customs may require the vessel to put into the port where the custom-house is located in order to verify the lading in the form which he may deem best.
ART. 152. When a steamer sailing on a fixed schedule is to remain but a few hours in port the operations of exportation will be permitted to be prepared before its arrival, loading the cargo from lighters, in which it shall have been previously placed, and working at night and on holidays,, if it should be necessary, at the expense of the vessel and with the authorization of the collector; but in no case will any merchandise be permitted to remain on the wharves at night, except by special permit.
ART. 153. When a captain has completed the lading of his vessel and desires to sail, he shall notify the collector of customs to this effect, presenting a manifest in duplicate of the entire cargo, and signing the corresponding oath. The collector shall certify the duplicate manifest, one copy of which shall remain in the custom-house, the original being delivered to the captain of the vessel.
The captain will then receive a certificate to the effect that he has been completely cleared by the custom-house.







CHAPTER XII.

TRANSITS AND TRANSSHIPMEENTS.
ART. 154. The word transit shall be understood to mean the passing of foreign merchandise touching at ports of the island (but without being discharged) without the payment of duties.
The transit of merchandise touching in ports of Cuba, but without entering into its territory, will be permitted under the following conditions:
1. The captain shall state in his manifest the packages carried in transit in the same form specified for those which he brings for immediate unlading.
2. The point to which the merchandise is consigned shall not be the same from which it was shipped nor any of those at which the vessel has previously touched in the same voyage.
These vessels shall be kept under the supervision of customs inspectors during their stay in port.
ART. 155. If any vessel arrives in port carrying merchandise in transit for ports in Cuba, and the captain makes application to lade merchandise for foreign ports, carrying a manifest, the collector of customs shall note in the manifest the general class of such domestic merchandise, and the number of the policy corresponding to their shipment, in order that their origin may be verified in the other ports in which the vessel enters.
ART. 156. The transshipment of merchandise,' i. e., the transfer of the same from one vessel to another of the same line, will be permitted, provided such merchandise has been manifested by the captain as in transit for foreign ports, subject to the following rules:
1. The consignee shall make application for permission to make such transshipment, directed to the collector of customs, in writing, within twenty-four hours after the admission of the manifest. In this application he shall state the name of the vessel bringing such merchandise, the paragraphs of the manifest in which the same appears, and the name of the vessel which is to receive it. The application shall be in duplicate and in regular form, and shall be noted in a special record, with the following headings:
(a) Number of the petition, placed at the head of the same.
(b) Date of the petition.
(c) Number of the manifest.
(d) Name of vessel bringing the merchandise.
(e) Name of the vessel receiving the same.
(f) Name of the shipper.
(g) Point of destination.
2. The collector of customs will issue the permit, if expedient, directing the surveyor of the port to superintend the transfer of the merchandise and to have the packages verified under the supervision






of the customs inspectors. The number of the permit shall be noted in the margin of the corresponding paragraph of the manifest.
3. The packages shall be checked off with the papers of the vessel and the bills of lading, in order to verify their agreement with the manifest and with the application for transshipment.
4. The transfer itself shall be made, either from vessel to vessel, placing them side by side, or by the use of lighters, which shall, whenever deemed necessary, be accompanied by customs inspectors.
5. When the transfer has been completed the surveyor shall certify to the same on the application for the transfer, upon which the captain of the receiving vessel shall also certify to their receipt. The original of this application shall be filed in the custom-house, and the copy authorized by the collector of customs shall be delivered to the captain of the receiving vessel.
If the transfer is made to vessels which are to touch at ports of the island and then proceed to foreign ports with the transshipped merchandise, the fact that such merchandise is in transit for foreign ports must be stated in the general manifest.



CHAPTER XIII.

ABANDONMENT OF MERCHANDISE.
ART. 157. By abandonment of merchandise is meant the renunciation by the consignee of his property.
In the case of abandoned goods no part of the proceeds of sale shall be returned to the owner of the merchandise.
The abandonment is expressed when it is made by the interested party in writing, directed to the collector of customs.
The abandonment is implied when it so appears from the actions of the interested party which leave no room for doubt, such as in the following cases:
1. When on the presentation of the manifest by the captain the identity of the party designated by him as consignee can not be ascertained, or he has died without having left anyone to take his place, or renounces the designation, and neither the consul of the nation of the shipper or the merchant named will admit the consignment.
2. When the periods allowed by these regulations for storage or for entry for bonded warehouse have expired, and the notices required by the regulations have been given to the consignee and the latter fails to appear.
3. When, after the consignee has nmade his entry and the same has been accepted by the collector, he or his properly authorized representative fails to appear within ninety days to claim the goods and pay the corresponding duties thereon.
4. When passengers bringing concealed merchandise do not pay the







penalties imposed upon them according to section 2 of article 226 of these regulations within three days after the final decision of the collector of customs. In all such cases the collector shall first decide whether the provisions of article 227 apply.
5. When the duties have been paid and the interested party fails to remove his merchandise from the custom-house within ninety days after the payment thereof.
6. In any other case, not herein provided for, in which the inteni on of the owner may be as clearly inferred as in the six preceding.
Whenever the interested party appears within the periods prescribed in this article there shall be no occasion for the declaration of abandonment, but he shall be required to p~y the corresponding duties, storage charges, and all other expenses which have been incurred by the merchandise.
The explicit statement of abandonment may be made at any time from the moment of the presentation of the entry until immediately before making the payment of the duties, and the interested party is thereupon relieved from the payment of the same.
ART. 15S. In order that the merchandise may be considered abandoned, the same must be declared as such, in writing, by the collector of customs.



CHAPTER XIV.

ENTRANCE OF VESSELS THROUGH STRESS OF WEATHER.

ART. 159. Whenever a vessel from a foreign port is compelled by stress of weather or other necessity to put into any other port than that of her destination, the master, together with the person next in command, within twenty-four hours after arrival, shall make protest in the usual form, upon oath before a duly authorized person, setting forth the causes or circumstances of such necessity. This.protest, if not made before the collector, must be produced to him and the naval officer and a copy thereof lodged with them.
The master of such vessel shall make report to the collector within forty-eight hours after arrival, and if it appears to the collector, by the certificate of the surveyor of the port, or, if there be no such officer, by the certificate of two reputable merchants, to be named by the collector, that it is necessary to unlade the vessel, the collector shall grant a permit and detail an inspector to supervise the unlading; and the merchandise so unladen shall be stored under custody of the collector.
At the request of the master of the vessel, or of the owner thereof, the collector shall grant permission to enter and pay the duties on and dispose of such part of the cargo as may be of a perishable nature or as may be necessary to defray the expenses attending the vessel.






And if the delivery of the cargo do not agree with the master's report, and the difference be not satisfactorily explained, the master shall become subject to the penalties provided in the case of ordinary importations.
The cargo, or the residue thereof, may be reladen on board the vessel, under the inspection of an officer, and the vessel may proceed with the same to her destination, subject only to the charge for storing and safe-keeping of the merchandise and the fees for entrance and clearance.
No port charges shall be collected on vessels entering through stress of weather or other causes above described.
ART. 160. The voluntary entrance of vessels proceeding from foreign ports will not be permitted at any port, beach, or anchorage which is not qualified as a port of entry.



CHAPTER XV.

DERELICT AND WRECKED MERCHANDISE.
ART. 161. Merchandise picked up at sea, derelict, or taken from a wreck is prima facie dutiable. If claimed to be of Cuban production, and consequently free, proof must be adduced as in ordinary cases of the reimportation of merchandise. Foreign merchandise landed from a vessel in distress is dutiable if sold or disposed of in the island of Cuba.
Before any merchandise which has been taken from a recent wreck shall be admitted to entry the same shall be appraised, and the owner or importer shall have the same right of appeal as in other cases.
No part of a Cuban vessel, nor any of her equipments, wrecked either in Cuban or foreign waters is to be regarded as "goods, wares, or merchandise."
All merchandise picked up at sea, derelict, or recovered from abandoned wrecks shall be taken possession of in the port or district where it shall first arrive and be retained in the custody of the collector as unclaimed. If not claimed and entered by the owner on due proof of ownership, by the underwriters in case of abandonment to them, or by the salvors in the absence of adverse claims, it will be subject to sale for duties in the usual manner. Salvors have an uncertain interest in the goods saved, dependent upon the decree of a competent tribunal, and also have a presumptive right to possession of merchan-disc saved by them from abandoned wrecks. The collector will therefore permit salvors to make entry of derelict or wrecked goods in either contingency. If the merchandise be libeled for salvage, the collector shall notify the salvors of the claim of the island of Cuba for duties, and will intervene for the same. When such goods are brought into






port by lighters or other craft, each such vessel must make entry by manifest of her cargo.
ART. 162. When vessels are wrecked in the waters of Cuba, application should be made to the collector of customs by the original owners or consignees of the cargo, or by the underwriters, in case of abandonment to them, for permission to forward the goods saved from the wreck to the ports of destination in other conveyances, without entry at the custom-house in the district in which the merchandise was cast ashore or unladen. On receipt of such permission the merchandise may be so forwarded, with particular manifests thereof, duly certified by the customs officer in charge of the goods.
ART. 163. Whenever any vessel of Cuba has sustained or caused any accident involving loss of life, material loss of property, or serious injury to any person, or has received any damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall, within five days, send, by letter to the collector of the district wherein such vessel belongs, or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name of the vessel, the port to Which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish such other information as may be called for; and if he neglects to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of $100. And.whenever the managing owner or agent of any vessel of Cuba has reason to apprehend that such vessel has been lost he shall promptly send notice in writing to the collector of the port to which said vessel belonged of such loss and the probable occasion thereof, stating the name of the vessel and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the collector, such additional information as shall be required; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of $100.
If there should be no custom-house at the point where the vessel is wrecked, the coast guard or customs official nearest the scene of the wreck shall render all possible aid in saving the crew and cargo of the vessel, taking charge of the merchandise saved and giving immediate notice to the nearest custom-house.
In order to prevent any attempt to defraud the revenue, the collector shall be represented at the saving of the cargo by customs inspectors detailed for that purpose, who shall examine and countersign the inventory made of such cargo, receiving an authorized copy of the same and the key to the warehouses in which the goods are stored.
If the merchandise saved is not damaged, and the interested parties should make application for their appraisal, they shall send a declara-






tion of the same, in duplicate, to the custom-house; and the proper examination and dispatch shall take place in the regular form established by these regulations.
The same proceeding shall be followed if it should be decided to enter a part of the merchandise for bonded warehouse.
ART. 164. If the owner of the vessel wishes to export the remains of the wreck, lie will be permitted to do so upon proper examination and inspection.
The remains of a wrecked vessel shall be considered to be not only the hull and rigging of the same, but also all ships' stores and articles of equipment, such as sails, ropes, chains, anchors, etc.
ART. 165. If it is desired to refit the vessel for navigation, the following proceedings shall be had:
1. The owner of the vessel, if the same has not been sold, or the person acquiring it in the event of its sale, shall give official notice, in writing, to the collector of customs.
2. When the vessel is ready to sail, the interested party shall inform the collector of customs, stating whether he wishes to reexport the vessel or have it placed under the provisional coasting flag of Cuba.
3. In the latter case the collector shall order its appraisal and measurement nmade in proper legal form.


CHAPTER XVI.
COASTWISE TRADE.
ART. 166. The coastwise trade, in so far as it affects the customs, shall be considered that which is carried on directly by sea between ports of entry in the island of Cuba.
The coastwise trade can be exercised only by Cuban vessels or those of the United States in so far as it refers to the transportation of merchandise.
Any vessel which, having been cleared coastwise, touches a foreign port shall be considered as of foreign origin, as also shall be its cargo, unless the entry at such foreign port has been by stress of weather or other necessity, and has been so established by the captain before the consul of a friendly nation, or, in the absence of such, before the local authority, in which case a careful examination shall be made to ascertain if the cargo which it carries is the same which it laded at the port from which it was originally cleared.
Notwithstanding the provisions of the second paragraph of this article foreign vessels will be permitted to engage in the coasting trade, when, in urgent cases, the public convenience requires the granting of such permission, and then only upon due authorization by the collector of customs for Cuba.
ART. 167. When a captain wishes to lade merchandise for coastwise transportation lie shall present to the collector an application for permission to do so, after receiving which lie may receive cargo.






ART. 168. The clearance of coastwise vessels carrying national inerchandise, or foreign merchandise which has been nationalized through the payment of import ditties, shall be effected after presentation to the collector of customs at the port of clearance of a manifest in duplicate, one of which, after being certified, shall be returned to the captain or master of the vessel. Upon acceptance of the manifest the collector shall issue the necessary clearance permit. ART. 169. The unlading of merchandise arriving at a port from another one in the island of Cuba shall be made according to the following rules:
1. The captain, as soon as he comes to anchor, shall present to the custom-house the sworn manifest of all such cargo carried by his vessel.
2. The collector shall then order the discharge and inspection of the cargo by the customs inspectors.
3. At the termination of the discharge the manifest shall be filed in the custom-house, after being certified to by the inspectors. ART. 170. Collectors of cutstoms may permit coasting vessels to proceed to any point on the coast and lade national products and transport them to other points on the island upon application therefor.
Upon the arrival of the vessel at the port of lading the permit shall be vis6ed by the customs inspector, if any, detailed to this point, or sent there for this especial purpose, noting on the permit the day of arrival of the vessel.
A manifest of such lading shall be made by the captain or master of the vessel and be certified by the customs inspector, or, in his absence, by the local authority.
Vessels under 20 tons' register used in the transportation of vegetables and fruits from one point or port of entry in the island to another shall be free from the formalities specified in this chapter, and they shall only be required to apply for a pass from the custom-house or local authority, as the case may be, and to submit to such examination as the customs inspectors may deem necessary in order to prevent fraud.
ART. 171. The customs houses may also issue permits for the transportation in lighters and other boats of light tonnage to plantations on the coast of machinery, tools, and supplies. In such cases the manifests shall be authorized at the custom-house at the port of sailing and vis~ed by the customs officer on detail at the point of destination, or, in his absence, by the local authority.



CHAPTER XVII.

ALLOWANOES FOR DAMAGE OR SHORT SHIPMENTS.
ART. 172. No allowance shall be made in the estimation of duty for lost or missing packages appearing on the manifest, bill of lading, or




58

invoice, unless shown, by proof satisfactory to the collector, not to have been originally laden on board or to have been destroyed by accident during the voyage.
ART. 173. If such missing package should be found later, or should be returned by the same vessel, or other vessel of the same line, with sufficient proof that such missing package was carried away by error, the entry covering such missing package shall be forwarded to the appraisers' division for the proper appraisal of the goods.
When in such cases duties have been paid on packages which, according to the official reports of the surveyor, have not been landed within three months from the date of the entry of the vessel on whose manifest such packages originally appeared, and the absence of such packages be satisfactorily accounted for, the duty collected upon such packages shall be refunded to the importer.
ART. 174. Whenever the appraiser reports a deficiency in the contents of a package as called for by the invoice, no allowance shall be made unless evidence satisfactory to the collector shall be produced that said shortage occurred before the arrival of the merchandise in this country, the burden of proof in such cases resting upon the importer; but no claim for damage occurring before arrival can be entertained except in case of imported animals satisfactorily explained to the collector. Dead animals upon which duty has been abated must be removed as ordered by the collector at the expense of the importer.


CHAPTER XVIII.
TONNAGE AND HARBOR-IMPROVEMENT TAXES.
ART. 175. The harbor-improvement taxes at all ports of entry in Cuba shall be levied as follows:
Each steamer entering --------------------------------------------- ------- $8.50
Each sailing vessel entering ---------------------------------- ---------- 4.25
Each ton of cargo landed from a steamer ..................................25
Each ton of cargo landed from a sailing vessel ---------------------------- . 125
Each ton of coal landed from a steamer -------------------------------- . 125
Each ton of coal landed from a sailing vessel ---------------------------- .10
ART. 176. At all ports or places in Cuba there shall be levied the following tonnage dues:
(a) On entry of a vessel from a port or place not in Cuba, per net ton, 20 cents.
(b) On entry of a vessel from another port or place in Cuba, engaged at the time of entry in the coasting trade of Cuba, per net ton, 2 cents.
(c) The rate of tonnage dues on a vessel which enters in ballast shall be one-half of the rate imposed by subdivision (a) or (b), and onehalf the tonnage dues imposed on a vessel entering with cargo shall be refunded if the vessel clears in ballast.






But to a vessel entered from a port not in Cuba such refund shall not be made unless the collector at the port of such entry shall receive satisfactory evidence that the vessel has not been cleared within two months from the date of such entry from any port in Cuba with cargo for a foreign port.
If such vessel has been so cleared without actually engaging in the coastwise trade after her foreign entry on the same voyage, any tax levied on her coastwise entries between the dates of her foreign entry and foreign. clearance may be refunded.
(d) The tonnage tax on entries of a vessel from a port or place not in Cuba shall not exceed in the aggregate $2 per net ton in any one year, beginning from the date of the first payment.
The tonnage tax on entries of a vessel from other ports or places in Cuba shall not exceed forty cents per net ton in any one year, beginning from the date of the first payment.
(e) The following shall be exempt from tonnage dues:
A vessel belonging to or employed in the service of the Government of the United States; a vessel of a neutral foreign government not engaged in trade; a vessel in distress; or a yacht belonging to an organized yacht club of the United States or of a neutral foreign nation.
(f) The tonnage of a vessel shall be the net or register tonnage expressed in her national certificate of registry.



CHAPTER XIX.

COASTING TRADE OF CUBA.
ART. 177. (a) Vessels of the United States may engage in the coasting trade of the island of Cuba.
(b) The collector of customs at any port in the island of Cuba is empowered to issue a permit to a resident of Cuba who owns a vessel, which shall entitle such vessel to engage in the coasting trade of the island: Provided further, That the owner and master (except in case of citizens of the United States) of such vessel shall, upon oath before such collector, entirely renounce and abjure all allegiance and fidelity to any foreign prince, state, or sovereignty whatever.
(c) These permits shall first be approved by the military governor of the island, and afterwards countersigned by the collector of customs issuing the same.
(d) Vessels entitled under these regulations to engage in the coasting trade of Cuba shall carry a distinctive signal, which shall be'a blue flag, and the union of the flag shall be a white field.
ART. 178. The permit authorizing a vessel to engage in the coasting trade of Cuba shall be surrendered without willful or unnecessary delay to the collector of the nearest customs port or of the port of






first arrival after the transaction, under the several conditions or circumstances as follows:
First. When the captain or master or the managing owner is changed.
Second. When the vessel is sold in part or in whole.
Third. When she is burned, wrecked, or lost in any manner.
Fourth. When she is altered in form or burden, or changed from one denomination to another.
Fifth. When the permit, because of time limitation, has expired.
If the master neglects to surrender the permit under the conditions enumerated, he shall forfeit $100 and the permit shall become null and void. Whenever a permit is surrendered, except in case of a total loss of the vessel, the collector, if at the home port, shall renew the document, but if at a port other than that to which the vessel belongs, the collector shall issue a temporary permit until she arrives at her home port.
Provided, however, That the loss, destruction, or disappearance of a permit may be established by the oath of the master or other person having charge of the vessel, the same being duly made before the collector of the port of first arrival.
And provided farther, On proof that any vessel has been sold or transferred by process of law, and that her permit is held by the forier owner or owners, the collector of the dirtrict to which the vessel belongs may grant a new permit, with the approval of the military governor of the island of Cuba.



CHAPTER XX.

SPECIAL REGULATIONS FOR COASTING TRADE.
ART. 179. Officers of the customs in the island of Cuba may authorize the clearance under a permit for foreign ports or ports of the United States of vessels owned by residents of Cuba, and owned at the time of clearance by citizens of Cuba, under the distinctive signal and coasting permit of Cuba. Such vessels may fly the American flag above the distinctive signal solely for the purpose of indicating that the Government of the United States, pursuant to treaty, has assumed and will discharge the obligations that may under international law result from the fact of the occupation of Cuba for the protection of life and property.
In granting such clearance under a permit collectors of customs shall advise masters or owners that the clearance under permit and the use of the flag of the United States hereby authorized do not confer upon such vessels any rights or privileges which are conferred upon vessels of the United States by the statutes or treaties of the LTnited States.
The rights and privileges of such a vessel as to entry, clearance,





61

dues, charges, etc., in foreign ports and in ports of the United States shall be determined by the laws of the country in which the port may be situated.
Such vessels upon entry into a port of the United'States shall be subject to the provisions of section 2497 of the Revised Statutes and such other laws as may be applicable.
The form and manner of the issue of permits provided for in this article shall be as follows:
1. Each permit for the clearance to a foreign port or port of the United States of a vessel owned by a citizen of Cuba shall be signed by the general commanding the United States forces in Cuba.
2. Each such permit shall also be signed by the collector of customs at the port of Cuba from which the vessel seeks clearance.
3. The collector of customs shall retain a duplicate of each such permit issued.
4. Previous to the issue of the permit the owner and mast er ,hal give a bofd in the sum of $10 per gross ton, with security satisfactory to the collector of customs, that for the period of one year such vessel shall engage only in legitimate. trade and use the flag of the United States only for the purpose set forth in the executive orders and regulations on the subject, and shall, together with the owner and master, comply with all the executive orders and regulations now established, or which may hereafter be established, relating at any time to said vessel.
5. The collector of customs shall not issue such permit until lie is satisfied by inspection that said vessel is about to engage in legiti mate trade, and he may direct any examination of the owner, master, crew, passengers, cargo, or vessel which he may deem necessary for the purpose.
6. The permit for clearance provided by these regulations shall not authorize the vessel to carry arms or ammunition unless the general commanding the forces of the United States in Cuba shall, in his discretion, give a written permit for the transportation of a stated amount of arms and ammunition for a specific purpose on a specific voyage.
7. The collector of customs in issuing such permit shall notify the master that he may fly the American flag above the distinctive signal for the coasting trade of Cuba, solely for the purpose of indicating that the Government of the United States, pursuant to treaty, has assumed and will discharge the obligations that may, under international law, result from the fact of the occupation of Cuba for the protection of life and property of Cubans. le shall also advise the master that the clearance under permit and the use of the flag hereby authorized do not confer upon this vessel any rights or privileges which are conferred upon vessels of the United States by the statutes or treaties of the United States, but that the rights and privileges of the vessel in foreign ports and in the United States will be determined by the laws of the country of the port.







8. The master of the vessel upon receiving the permit shall place it with his Cuban coasting permit, and upon arriving in a foreign port shall promptly deposit both with the consul of the United States at that port, or if there be none, then with the consul of a friendly nation. If the laws of the port require that the ship's papers be deposited with the local officer of customs, the master shall so deposit both permits, promptly advising the consul of his action. Before clearance the consul shall return to the master the permits, or cause them to be returned, as the registers of American vessels are returned in foreign ports. In ports of the United States the permits shall be deposited with and returned by the collector of customs.
9. The master of the vessel upon returning to a port in Cuba shall surrender the permit to the collector at the port of entry, who shall make such examination'as he may deem necessary to satisfy himself that the permit and the flag of the United States have been used only for the purposes prescribed, and if satisfied he shall cancel the permit and return it to the collector of customs who issued it, to be filed. If upon such examination the collector is not satisfied that the permit and the flag have been used only for the purpose prescribed, he shall detain the vessel, and report as soon as practicable to the general commanding the forces of the United States in Cuba.
10. For any misuse of the American flag or of the permit authorized by this order the general commanding the forces of the United States in Cuba may, in his discretion, impose a penalty not exceeding $10 per gross ton on the vessel, or may institute proceedings for the forfeiture of the bond above provided, or may seize the vessel and report the facts to the Secretary of War for his action.
ART. 180. It shall be the duty of every captain of a vessel engaged in the foreign and coastwise trade, under the special regulations therefor, to provide himself with a certificate, on which certificate every payment for foreign tonnage dues shall be noted officially by the respective cashiers of the custom-houses in the island.
ART. 181. It shall be the privilege of every captain of a vessel engaged in the foreign and coastwise trade under the special regulations above given to pay in advance, every three months, at the home port in Cuba, the maximum proportionate tonnage dues under these regulations, and the certificate of the respective collectors of customs shall be accepted as proof of such payment.


CHAPTER XXI.

INTERIOR OIROULATION.
ART. 182. The circulation of merchandise-that is, their transportation from one point of the island to another, without putting to sea,, shall be free of duty.






ART. 183. Customs inspectors, in cases of suspected fraud, are authorized to detain merchandise and have it conducted to the nearest custom-house, until their legitimate importation has been proved.



ClIAPTER XXII.

SPECIAL RULES FOR THE WAREHOUSING OF IMPORTED GOODS AND FOR
THEIR TRANSPORTATION IN BOND.

ART. 184. Warehouses duly authorized for the storage of imported dutiable goods shall be known and designated as of classes one, two, and three.
Where there is available space in the premises used as customhouses, such space may be set apart for the storage of imported goods in bond, and the premises are to be known as warehouses of class one.
Other premises used for the general storage of imported goods are to be known and designated as warehouses of class two. Yards used for the storage of heavy or bulky articles are to be known and designated as warehouses of class three.

WAREHOUSES OF CLASS ONE.

ART. 185. At ports where there are Government stores, preference shall be given them for the storage of seized goods, and also of unclaimed goods if there is sufficient space for their accommodation. Unclaimed and seized goods may also be deposited, by order of the collector or acting collector, in warehouses of class two. Where there are no class two warehouses, the collector may procure suitable premises for the temporary storage of unclaimed or seized goods; but in all cases the rent and other attendant expenses must be charged against the goods.

WAREHOUSES OF CLASS TWO.

ART. 186. Where it is not practicable to bond the entire building, the first or ground floor of the premises may be bonded as a warehouse of class two, provided all interior means of communication between such first or ground floor and the remainder of the premises are removed and there are no other means of entrance or exit to the bonded portion except those upon a street or other public thoroughfare. The general storage of imported merchandise may be allowed in warehouses of class two upon the order of the collector of customs. The rates of storage and compensation for labor in the handling of bonded goods will be as agreed upon between the owner or importer of the goods and the proprietor of the warehouse, who shall receive the amount due for storage and labor, the collector looking to the safe






custody of the goods only for the security of the revenue. The proprietor of the warehouse shall not be allowed to make charges for storage, labor, or other expenses in excess of the regular rates prevailing at the port; and in instances where disputes arise with reference to such charges the collector of customs shall determine the question whether or not the charges are excessive. No goods shall be delivered from bonded warehouses without payment of the proper charges thereon. A storekeeper shall be appointed to have immediate charge of the receipt and delivery of goods at any warehouse.
The bonded warehouses must, in addition to the locks of the proprietors, have placed thereon customs locks, the keys of which are to remain in the custody of the storekeeper assigned to the premises by the collector or acting collector.
Proprietors of bonded warehouses shall be required to pay monthly to the collector of customs a sum equal to the salary of the officers assigned to the premises as storekeepers, and to provide at all times suitable accommodations for such storekeepers in the warehouses.
The windows of the bonded warehouses, unless protected by iron bars, must be provided with substantial shutters capable of being securely closed on the inside of the premises.

WAREHOUSES OF CLASS THREE.

ART. 187. Warehouses of class three are to be used exclusively for the storage of wood, coal, mahogany, lumber; railroad, pig, and bar iron, and other heavy or bulky articles. Yards inclosed by substantial fences not less than ten feet in height, with gates opening into a street or public thoroughfare. may be bonded as warehouses of this class.
Unclaimed and seized merchandise of a heavy or bulky character may be stored in warehouses of this class under the same regulations and conditions as are provided for the deposit of unclaimed or seized goods in warehouses of class two.

APPLICATIONS FOR ESTABLISHMENT OF BONDED WAREHOUSES.

ART. 188. Applications for the establishment of bonded warehouses of either of the classes hereinbefore mentioned must be made in writing to the collector of customs, describing the premises, the location and capacity of the same, and the purpose for which the building is to be used.
Upon receipt of such application the collector shall cause an examination of the premises to be made, with reference particularly to its location, construction, or occupation, and means provided for the safekeeping of merchandise. If such examination is satisfactory, the collector shall report all the facts in the case, with his recommendations, to the chief of the customs service; if the latter approves the estab-




65

lishment of the bonded warehouse, the person or persons making the application should be notified by the collector to enter into bond, in duplicate, in such penalty as may be ordered by the chief of the customs service, to protect the interests of the revenue. Not less than two individuals should be accepted as sureties, and they should each be required to file with the bond, in addition to their oaths as sureties, a statement showing real estate or other property owned by them the value of which shall be at least equal to the amount specified in their oaths as sureties. Duly incorporated guarantee or security companies may be accepted as sureties whenever the collector shall be satisfied as to their sufficiency.
The bonds should be executed before the collector, and, if approved by him, one copy of each bond should be retained by him on file, and he will notify the owner or occupant of the premises of the establishment of the warehouse.
The form of the bond to be given on the establishment of bonded warehouses shall be prescribed by the chief of the customs service, with the approval of the military governor.

GENERAL PROVISIONS.
ART. 189. The collector of customs should promptly notify the military governor of the death, pecuniary embarrassment, or insolvency of any of the parties to a bond or warehouse, or of any circumstances which make it advisable to require new bonds.
New bonds must in all cases be given when a warehouse passes into the bands of new principals, or where changes take place in partnerships.
ART. 190. Alterations in bonded warehouses can be made only by permission of the collector, and if such alterations constitute a material change in the premises new bonds should be required.
It is the duty of the collector to notify the military governor of all changes in the surroundings of bonded premises likely to affect their security. If burned or otherwise destroyed, immediate notice with full particulars should be given, and if rebuilt the premises can not be used as a bonded warehouse until bonded anew.
ART. 191. Proprietors or occupants of bonded warehouses shall be required, on ten day's notice from the collector, to renew their bonds, and if they fail to do so no merchandise should be sent to their warehouse, and that stored in the premises should be at the expense of the proprietors or occupants.
ART. 192. Warehouses may be discontinued by the collector at any time upon written request to that effect from the proprietors or occupants of the premises, provided all the requirements of these regulations have been complied with on the part of the principals. In instances where dutiable merchandise is stored in the premises, the
23076-01--5






same must be removed at the risk and expense of the proprietors, and the premises should not be surrendered nor discontinuance authorized until after a careful examination of the accounts of the warehouse and a comparison thereof with the books of the custom-house.
ART. 193. The period which shall be allowed for the storage of bonded goods shall be one year from date of importation, but this period may be extended by the chief of the customs service, with the approval of the military governor, to two years when satisfactory reasons are shown for such extension.
Bonded goods remaining in warehouse for more than three years from the date of original importation are held to be abandoned to the Government and liable to sale.
All duty-paid merchandise which remains in bonded warehouse more than three years from the date of importation shall hereafter be treated as abandoned merchandise and sold, under the regulations heretofore provided, unless the owners thereof shall surrender to the storekeeper in charge of the goods the withdrawal permits duly stamped for delivery. Upon the surrender of such permits the storekeeper shall notify the warehouse proprietor of the delivery of the goods by the Government, and report the fact upon the back of the permit and return the same to the collector.
No application for any casualty damage occurring after the expiration of three years from date of importation will be entertained.
ART. 194. The entry of goods for warehousing shall be in duplicate, in the form prescribed by the chief of the customs service, and verified by oath or affirmation, as in the entry of merchandise for consumption, and shall be made within forty-eight hours from the admission of the manifest.
The dutiable value of each package must be stated on this entry when the invoice will permit this being done.
Any portion of an invoice, not less than an entire package, or, if the merchandise be in bulk, not less than one ton in weight, may be entered for warehousing, and the remainder for consumption, or for warehouse and transportation in bond. In such instances, however, the entries must be made simultaneously and the oaths or affirmations altered to correspond.
ART. 195. All package goods, including distilled spirits in casks, must be sent to and received in the warehouse by the shipping marks and numbers; and if imported without numbers, they are required to be numbered consecutively from one upward. Such goods should be gauged, weighed, and in all respects dealt with by such numbers. The collector should also, at the expense of the owners of the goods, cause each package, when received in warehouse, to be marked with the year and month when received, the name of the vessel in which it was imported, and of the place whence shipped, such marking to be done under the supervision of the storekeeper, and the;







necessary labor to be furnished by the proprietor of the warehouse as a charge on the goods.
The shipping marks, numbers, and identification as above must be entered on books to be kept and on reports to be made by the officer in charge in his daily returns to the collector's office. They shall then be entered in the general warehouse books at the custom-house, and the numbers therein given will be the designating numbers on all permits for withdrawal.
The entry for warehousing having been examined by the collector, and the duty estimated thereon, the collector shall take a bond from the importer, with satisfactory security, in double the amount of such estimated duties, in the form prescribed by the chief of the customs service approved by the military governor.
ART. 196. No partial withdrawal of merchandise from bonded warehouse shall be allowed in less quantities than an entire package, or, if in bulk, of less than one ton.
ART. 197. Original importers are not by any subsequent transfers relieved either personally or upon the warehousing bond from their liability for duties. Both principal and sureties continue liable until the duties are paid or the merchandise exported.
ART. 198. The importer of record may transfer to any other person the right to any merchandise under bond, which shall be done in writing upon the face of the withdrawal.


Delivery of goods may be made to
(Signed)
Importer.
The bond having been executed, the collector shall issue a permit to send the goods to the warehouse named in the entry, with the exception of such as may be designated for examination. This permit shall be addressed to the inspector or other customs officer who supervises the unlading of the merchandise from the importing vessel, and shall be in the following form:
PERMIT TO SEND GOODS TO WAREHOUSE.
CUSTOMS HOUSE,
Collector's Office, -, 19-.
To the inspector at
You are hereby directed to send to the bonded warehouse, No. street (here describe the merchandise), imported on the- of by
in the , master, from

Collector.
When goods are sent from an importing vessel or car to a warehouse, or from one vessel or conveyance to another, or from warehouse to vessel or car, as well as unclaimed merchandise, and all packages






ordered for examination, they must be delivered to cartmen or draymen, or lightermen appointed by the collector, and after such cartmen, draymen, or lightermen have given bond in a sum not less than $5,000, with two sureties, conditioned for the faithful performance of their duty as draymen, cartmen, or lightermen.
This bond shall be in the form prescribed by the chief of the customs service after approval by the military governor.
ART. 199. Any person, firm, or corporation owning one or more lighters, barges, scows, propellers, drays, or carts, may, upon producing evidence of good character to the collector, be appointed by him; and in instances where a general bond is advisable, such bond may be executed covering all of the wagons, lighters, drays, carts, etc., owned or managed by the person or persons giving the bond, which should be in an amount to be designated by the collector.
ART. 200. Perishable goods, gunpowder, or other dangerous or explosive substances, except firecrackers, can not be deposited in warehouse; and if not immediately entered for export or transportation from the vessel in which imported or entered for consumption, and the duties paid thereon, shall be sold by the collector under the regulations governing unclaimed merchandise of a perishable nature.
ART. 201. On the arrival of goods destined for another port, an .entry for warehousing and transportation in bond must be combined, 'in the form prescribed by the chief of the customs service, with approval of the military governor.
This entry should be in triplicate, and one of the copies should be forwarded immediately by mail to the chief customs officer at the place of destination of the merchandise. With the entry must be filed a bond in an amount equal to double the duties chargeable on the goods. The bond should be in the firm prescribed by the chief of the customs service, with approval of the military governor.
The arrival of goods at destination shall be reported by the common carrier to the collector, who shall require the owner of the merchandise, or his duly accredited representative, to make entry thereof, either for consumption or for warehouse; and the chief customs officer, in his treatment of the goods, shall be governed by the instructions hereinbefore given for the guidance of officers at ports of original importation.

TRANSPORTATION IN BOND.

ART. 202. Common carriers, such as railroad or other transportation companies, in order to convey duitable merchandise in bond from the port of importation to other ports, must give security in the nature of a general transportation bond in such penalty as may be directed by the collector, with at least two good and sufficient sureties, to be approved by him, conditioned that the principals shall transport and deliver to the collector of customs at the port to which







the merchandise may be consigned all goods in bond delivered to such carrier, such transportation and delivery to be made without delay. Application to bond routes for the purpose indicated should be made to the collector of customs. If the application to bond is approved, the common carrier should be required to enter into bond in a penalty not less than $20,000, and in the form prescribed by the chief of the customs service, with approval of the military governor.
ART. 203. When merchandise is forwarded from the port of importation separate manifests, in triplicate, should be prepared for each vessel, car, or other vehicle used for the purpose, signed by the agent of the vessel, railroad, or other company by which the transportation is made, and certified and delivered by the inspector. Each manifest should contain a description of the merchandise, by marks, numbers, and contents, the route, conveyance, port of destination, names of shipper and consignee. The manifest should be in the form prescribed by the chief of the customs service, with the approval of the military governor.
The officer in charge of the lading should see that manifests are furnished for each car or vessel or conveyance, as herein required, and he should certify on the manifest to the lading of the goods, giving the number of the car or name and description of the vessel. One of the manifests should be delivered to the conductor of the car or the master of the vessel, and the other two should be returned to the custom-house without unnecessary delay.
The collector should transmit one copy of the manifest by first mail to the chief customs officer of the port of destination.
ART. 204. Upon the arrival of the car or vessel or other conveyance at the port of destination examination should be made of the fastenings of the vehicle or craft for the purpose of ascertaining whether or not they have been tampered with. If such fastenings are not intact, or the collector has reason to suspect fraudulent attempts, he should take possession of the vehicle or craft and its contents and report the facts to the chief of the customs service. If there is no evidence that, fraud has been attempted the seals should be removed by the customs officer and entry of the goods allowed as hereinbefore provided for.
ART. 205. Merchandise in bonded warehouse may be examined at any time during the business hours of the port by the importer, consignee, or agent, who may take samples of his goods in reasonable quantities, according to the usage of the port, make all needful repairs of packages, and repack the goods if necessary for their safety or preservation, provided when the original contents are placed in the new packages they shall be marked and numbered as before.
ART. 206. Casks containing wines liable to sour may be refilled when necessary for preservation, but the wine used for such refilling must be part of the same importation and must have been withdrawn for consumption with payment of duties.






ART. 207. No samples shall be taken nor any goods exhibited or examined without a permit from the collector and under the supervision of an officer of customs, nor unless by request of the importer, owner, or consignee; nor shall any package be repaired nor goods repacked without a permit, to be granted only when necessary for the safety or preservation of the contents. Goods imported in bulk and not in present danger of deterioration can not be placed in packages while in warehouse.
ART. 208. No merchandise shall be removed from a bonded warehouse unless upon a duly signed permit containing the designation of said warehouse, the date of the receipt of the merchandise therein, and the word "deliver" and date thereof, certified by the person in charge of the storage books at the custom-house.

WITHDRAWALS AT ORIGINAL PORTS FOR CONSUMPTION.

ART. 209. A withdrawal for consumption must be made out in the form to be prescribed by the chief of the customs service, and must be signed by the importer or by a party authorized by him. If by the latter, the original importer must place upon the withdrawal his written authority for the substitution. No oath or declaration is required for withdrawals from bond.
ART. 210. On presentation of this withdrawal at the collector's office it shall be compared with the record of the bond upon the warehouse ledger, and if they agree the items shall be entered therein, with the amount of duty thereon. The collector shall fill out a permit for delivery on the following form:

WITHDRAWAL PERMIT FOR DELIVERY.
Bond No. -.
PORT OF
Custom-House, ,
To the Storekeeper:
Duties having been paid, you will deliver to the merchandise described per entry as follows: , and which was imported into this district - , 19-, by , master, from

Collector.

The officer in charge of the warehouse division shall make upon the permit a statement of storage and labor charges due upon the packages withdrawn from warehouses, class one. After the duties and charges have been paid to the cashier of the custom-house the permit shall be signed by the collector and returned to the importer or his representative for presentation to the storekeeper at the bonded warehouse, who will thereupon deliver the merchandise.
ART. 211. All permits received for the delivery of packages from bonded warehouses shall be entered upon the warehouse books and returned by the storekeeper thereof to the custom-house, stamped







with date of delivery, and due note thereof shall be made upon the storekeeper's record.

WITHDRAWAL AT ORIGINAL PORTS FOR EXPORTATION.

ART. 212. The withdrawal of goods from warehouse for exportation at the port of original importation shall be made in the following form:
EXPORT WITHDRAWAL AT PORT OF ORIGINAL IMPORTATION.
Bond No.
Merchandise intended to be withdrawn from warehouse by , and to be exported by him in the ., master, for -, which was imported into this district by , master, from
,on the --day of -, 19-.



ART. 213. If exported by other than the original importer, the same authority shall be required as in case of withdrawal for consumption. The export shall be made under the original mark of importation. Additional port marks may be made by authority of the collector and under the supervision of a customs officer, but both the original and the port mark shall appear in all papers pertaining to the exportation.
The withdrawal shall be verified in the following form:
DECLARATION ON EXPORT WITHDRAWAL.

I, - , do solemnly, sincerely, and truly declare that the goods, wares, and merchandise described in the within withdrawal, now delivered by me to the collector of customs for the port of - , are truly intended to be exported by me to the port of , as stated in said entry, and by the vessel (or route) therein indicated, and are not intended to be relanded or consumed within the limits of Cuba; and that, to the best of my knowledge and belief, the said goods, wares, and merchandise are the same in quality, quantity, value, and package (wastage and damage excepted) as at the time of importation.

Exporter.


Declared this - day of -, 19-, before me.

Collector.

ART. 214. The withdrawal having been duly entered in the warehouse accounts, the exporter shall give bond, with satisfactory security, in a penal sum equal to double the amount of the estimated duties on the goods, to produce the proof required by law of the landing of the same beyond the limits of Cuba, which bond shall be in the following form:
EXPORT BOND.

Know all men by these presents, that we, , as principals, and , as sureties, are held and firmly bound unto the Government of the





72

island of Cuba in the sum of - dollars, for the payment whereof to the Government of the island of Cuba we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Witness our hands and seals, at the port of , this - day of - .
Whereas the following described merchandise, having been heretofore duly imported into Cuba and entered for warehousing in bond, and having been so warehoused at the above-named port according to law, hath been this day entered for withdrawal and exportation in bond, viz (here describe the merchandise by marks, numbers, description, and number of packages, with their contents), which said merchandise is also described in an export entry of this date, numbered -, and is to be exported in the (ship or other vessel, describing the same), known as the (here insert the name of the vessel), whereof is at present master, now lying in the above-named port, and bound for the port of and whereas it is intended that the said merchandise shall be exported as aforesaid, under and by virtue of the several reaulations of the island of Cuba relating to the exportation of imported goods, without the payment of duties thereon:
Now, therefore, the condition of this obligation is such that if the aforesaid merchandise shall in good faith be actually exported and landed abroad according to the true intent and meaning of these presents, and shall not, nor any'part thereof, be relanded at any port or place within the limits of Cuba, and if the certificates and other proofs required by the law and regulations of the island of Cuba, showing the delivery of the same at the said port of destination or at any other port or place without the limits of Cuba, shall be produced and deposited with the collector of customs for the time being at the said port of withdrawal within from the date hereof, then this obligation to be void; otherwise to remain in full force and virtue.
[SEAL.]
. [SEAL]j
[SEAL.]
Sealed and delivered in the presence of:


ART. 215. The bond having been duly executed, a permit shall be issued directing the storekeeper to deliver the goods to the surveyor, which permit shall be as follows:
EXPORT DELIVERY PERMIT.
PORT OF
Custom-House,

To the storekeeper at
You will deliver to the surveyor of the port for exportation by to
(here describe the merchandise), imported into this district on the
by in the -, ,master, from

Collector.
ART. 216. The withdrawal shall be transmitted to the proper officer with directions to cause the merchandise described therein to be laden for exportation, indicating such as is to be weighed, measured, or gauged, which directions shall be as follows: PORT OF
Custom-House, , 19
To the shipping officer:
You will examine the goods described in the accompanying withdrawal, and, if found to agree exactly therewith, to superintend the lading thereof on board






the , for exportation to of which, when completed, you will make due return.

Collector.
A special return of the weight, gauge, or measure of the merchandise must, when required, be made to the collector. The export bond will be canceled upon the presentation of a certificate of a collector of customs that the merchandise has been duly landed at port of destination.
ART. 217. Foreign merchandise once imported and afterwards exported is dutiable upon every subsequent importation into Cuba, except.as otherwise specially provided for. ART. 218. Entries of merchandise covered by any one invoice may be made simultaneously for both consumption and warehouse. Where an intent to export the merchandise is shown by the bill of lading and invoice, the whole or the part of an invoice not less than one package may be entered for "warehouse and immediate export." In this case the collector may designate the vessel in which the merchandise is laden as constructively " a warehouse," in order to facilitate the direct transfer of the goods to the exporting vessel. The same procedure may apply to goods entered for "warehouse and immediate transportation."
ART. 219. Any goods, wares, or merchandise in bond or under general order which shall be withdrawn therefrom shall be subject to the rates of duty in force at the time of such withdrawal. ART. 220. All blanks or forms used in the entry or withdrawal of goods in bond shall be furnished at the cost of the interested parties.



CHAPTER XXIII.

PENAL PROVISIONS AND ADDITIONAL DUTIES.
CLASSIFICATION OF PENAL ACTS AND CUSTOMS PROCEEDINGS.

ART., 221. Persons committing any of the offenses mentioned in the following articles shall be liable to the following penalties named therefor:
* 1. If any importer, owner or consignee, agent, or other person shall make or attempt to make any entry of imported merchandise by means of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or
* fraudulent practice or appliance whatsoever, or shall be guilty of any wilful act or omission by means whereof the Government of the island of Cuba shall be deprived of the lawful duties, or any portion-thereof,
*President's order, Circular No. 31, Division of Customs and Insular Affairs, August 24, 1899.






accruing upon the merchandise, or any portion thereof, embraced or referred to in such invoice, affidavit, letter, paper, or statement, or affected by such act or omission, such merchandise, or the value thereof to be recovered from the person making the entry, shall be forfeited, which forfeiture shall only apply to the whole of the merchandise or the value thereof in the case or package containing the particular article or articles of merchandise to which such fraud or false paper or statement relates.
And such person shall, upon conviction, be fined for each offense a sum not exceeding $5,000 or be imprisoned for a time not exceeding two years, or both, in the discretion of the court.
2. Every person who willfully conceals or destroys any invoice, book, or paper relating to any merchandise liable to duty which has been or may be imported into the island of Cuba from any foreign port or country, after an inspection thereof has been demanded by the collector of any collection district, or at any time conceals or destroys any such invoice, book, or paper for the purpose of suppressing any evidence of fraud therein contained, shall be punished by a fine of not more than $5,000 or by imprisonment of not more than two years, or both.
3. That judges of the First Instance and Instruction shall have, and hereby are given, jurisdiction and authority to take cognizance of the offenses herein enumerated, and hear testimony and make investigations as is now provided by law in other offenses; and if they shall determine from the evidence presented that there is probable cause to believe that the party accused is guilty of the offenses charged against him they shall admit such person to bail, or, in default of good and sufficient bail, commit him to jail to await the action of the criminal court having jurisdiction of the matter, as hereinafter provided.
Provided, That the offense shall have been committed in any part of the province in which the judicial district of the judge is located, or
That the accused shall have been apprehended in any part of the province in which the judicial district of the judge is located, although the offense may have been committed elsewhere, or
That the accused shall have been apprehended out of the island of Cuba and brought into the province in which the judicial district of the judge is located, without respect to where the offense may have been committed.
4. The criminal courts ("Audiencias de lo Criminal") shall have jurisdiction in all cases herein set forth when the offense shall have been committed in the district in which the court now has jurisdiction, by law of criminal jurisdiction, or without reference to where the offense shall have been committed, if the accused shall have been apprehended in said district, or if the accused shall have been brought into said district, provided he shall have been apprehended out of the island of Cuba.







5. All laws and parts of laws heretofore and now existing in the island of Cuba which are inconsistent with the provisions of this article as to their application hereto are hereby declared to be null and void.
ART. 222. If any merchandise be found on board any vessel which is not included in her manifest, produced as required by these regulations, the captain shall forfeit an amount equal to the value of such merchandise not manifested, and all such merchandise belonging to or consigned to the officers or crew of the vessel shall be forfeited. These forfeitures shall not be incurred, however, if it shall be made to appear to the principal customs officer of the port that the errors and omissions in the manifest were made without intention of fraud or collusion. In such case the master may be allowed to correct the manifest by a post entry. Should any package or article named on the manifest be missing on the arrival of the vessel, or if the merchandise on board does not otherwise agree with the manifest delivered by the master, except as above prescribed, the master shall be liable to a penalty not to exceed $500, in the discretion of the collector; but if it is made to appear to the satisfaction of the principal customs officer of the port that no part whatever of the merchandise on such vessel has been unshipped, landed, or unladen since it was taken on board, except as specified in the manifest, and pursuant to permits, or that the disagreement is by accident or mistake, in such case the penalty shall not be inflicted.
ART. 223. No merchandise shall be brought into Cuba, under penalty of forfeiture, from foreign ports in vessels of less than thirty tons gross capacity.ART. 224. Captains of vessels proceeding from foreign ports are liable to the penalties prescribed in the following cases:
1. For failing to have the manifest of the vessel or other documents in order on entering a port, the captain shall be liable to a fine of from $50 to $250.
If the captain, on his arrival in port, fails to present said manifest to the boarding officer, he shall be liable to a fine of from $100 to $500.
2. If the manifest lacks any of the requisites set forth in article 77, he shall be liable to a fine of from $10 to $100.
3. For failing to present the required copies of the manifest or other papers required. or in the failure of these to conform to the originals, he shall be liable to a fine of from $10 to $50, and lie shall be obliged to produce the missing documents or rewrite the incorrect ones, as the case may be.
4. For failure to present at the custom-houses of ports entered the general manifest of goods in transit, he will pay a fine of from $10 to $50, and he shall be held responsible for the presentation of the copy of the general manifest which the custom-house of the port in transit shall request from the custom-house of the port of origin.







5. For all differences, in excess of twenty-five per cent of the actual weight, resulting in the gross weight of the packages declared in the manifest, which shall serve as the basis for the assessment of duties, the captain shall be liable to a fine of from $10 to $50.
6. For changing anchorage in port without the permission of the custom-house the captain shall pay a fine of $50.
7. For failure to present the log book and other papers on request of the boarding inspector on board of the vessel, he shall pay a fine of $50, and he shall not be permitted to clear until he has produced the said documents.
8. For failure to present, immediately upon arrival at port, the statement of passengers and the number of pieces of baggage brought by each, he shall be liable to a fine of from $10 to $100.
9. For all provisions and supplies not contained in the note of provisions, he shall pay double duties.
10. When the straps or seals placed on the hatches and bulkheads of the vessel are found raised or broken, except in cases of accident, the captain shall pay a fine not to exceed $500, without prejudice to his liability to such other penalties thus incurred. (See article 119.)
11. If the straps or seals placed on the packages on board are found broken, the captain shall be liable to a fine of from $10 to $50 for each strap or seal so broken, and shall be subject to such other penalties as may have been incurred.
12. For removing from the vessel without the permission of the custom-house any packages which are contained in the manifest, he shall pay an amount equal to double the value of the merchandise.
13. For disembarking persons or discharging goods at points different from those designated by the authorities, in the event of a vessel being ordered into quarantine, the captain shall pay a fine of $100, in the case of passengers, or double the value of the goods in the case of merchandise.
14. For failing to state in the manifest the increased tonnage of a vessel through being lengthened at a foreign port, or for omitting to note in said document the repairs made and the materials employed in the same, the captain shall be liable to pay double duties assessable on said repairs.
ART. 225. Penalties shall also be incurred in the following cases and amounts:
1. When smaller boats engaged in the discharge of vessels come alongside of vessels other than the one that they are discharging, or delay in transit, or make landing at a point different from that designated for the discharge, the captain of such boat shall pay a fine of from $5 to $10, without prejudice to the responsibility of said captain, or other persons, to such penalties as may be incurred for other misdemeanors connected with the above. ART. 226. The consignees of merchandise shall be subject to pen-






alties or additional duties in the amounts and in the cases hereinafter expressed:
1. Merchandise of prohibited importation, whether declared as legal or not, shall be seized and confiscated.
2. If the appraised value of any merchandise shall exceed the declared value thereof, there shall be collected, in addition to the regular duties imposed by law on such merchandise, a further sum equal to one per cent of the total appraised value for each one per cent that such appraised value exceeds the declared value; and if such appraised value shall exceed the declared value by more than fifty per cent, except when arising from a manifest clerical error, the entry shall be held to be presumptively fraudulent, and the goods shall be seized and forfeited to the Government.
3. If the declared weight of merchandise shall be exceeded by the actual weight by a difference of from one to fifteen per cent (both inclusive) of the total weight of the goods, additional duties may be' imposed, in the discretion of the collector of customs, they not to exceed one per cent of the total duties on the merchandise for each one per cent of difference between the declared and actual weights. Such additional duties will not be imposed by the collector of customs in cases wherein he is satisfied that the difference occurred in good faith.
When this difference exceeds fifteen per cent of the total weight of the merchandise, but does not exceed fifty per cent of said total weight, one per cent additional duties shall be imposed for each one per cent of difference between the declared and actual weights.
When this difference exceeds fifty per cent of the total weight of the merchandise, the declaration shall be held to be presumptively fraudulent, and the merchandise shall be seized and forfeited to the Government.
4. In all cases of additional duties, mandatory or discretionary, actually imposed, there shall be no remission thereof except with the written approval of the chief of the customs service at Habana, to whom an appeal in writing can be made, whose decision in the matter shall be final.
5. Firearms, gunpowder, cartridges, dynamite, and all classes of explosives and munitions of war found maliciously concealed on board of any vessel, or not contained in the manifest, shall be seized, and the captain shall be liable to a fine not exceeding two thousand dollars.
6. For failure to pay the amount of the liquidated duties within three working days after public note of its liquidation has been given in the custom-house, the consignee will pay five per cent surtax on the amount constituting the debit.
This penalty is independent of the amount to be imposed according to article 115 of these regulations, for storage dues for the period of time the merchandise has remained in the custom-house after the prescribed number of days from the date of discharge.






ART. 227. Merchandise brought by passengers shall be liable to seizure when the same is found concealed on their persons, or otherwise, with evident intent to defraud the customs.
ART. 228. Those persons exporting national products by sea shall be liable to penalties in the following amounts and cases:
1. For embarkation at ports of entry of any merchandise without the permission of the custom-house, they shall pay from one to ten dollars fine, in the judgment of the collector of customs; and if the shipment has been made at a port which is not a port of entry, they shall pay a fine of from fifty to one hundred dollars, and the vessel shall be obliged to provide itself with the necessary documents for the cargo on board, at the nearest custom-house.
2. When captains of vessels put to sea without having first complied with all the requisites and formalities established in these regulations they shall be liable to a fine of fifty dollars, which shall be levied upon their consignees, who are held subsidiarily responsible for the fines and duties payable by captains.
ART. 229. In entrances and clearances in the coasting trade between ports of Cuba the following penalties shall be incurred in the amounts and cases hereinafter expressed:
1. For shipping any merchandise coastwise, without a permit from the custom-house or other qualified authority, the shipper shall be liable to a fine equal to the value of the merchandise.
2. When foreign merchandise is found on board of a vessel, without the necessary documents corresponding thereto, the captain shall be liable to pay double the amount of the duties for which they are liable in each case.
3. When foreign merchandise is found on board of a vessel without the necessary documents corresponding thereto, if the same be free of duty, the captain shall be liable to a fine of from $5 to $50.
4. For failing to give notice of the arrival of his vessel, although in ballast, to the collector at the port of entry the captain shall be liable to a fine of from $5 to $50.
The captain or consignee, as the case may be, shall be liable to the same penalty without prejudice to their liability to such other penalties as may be applicable under these regulations for the mere act of unlading merchandise of any kind at a port which is not an authorized port of entry.
ART. 230. In the transshipment of merchandise the parties engaged therein shall be liable to penalties in the following amounts and cases:
1. For transferring dutiable merchandise from one vessel to another without the permission of the customs officials the captain shall pay double the amount of the duties corresponding thereto under the tariff.
2. For the same offence, in the case of national merchandise free of duty and any other charge, both the captain delivering and receiving






the same shall be liable to a fine of from $10 to $50 in the discretion of the collector of customs.
3. For differences in packages or in merchandise in bulk which are found not manifested during the operation of transshipment, see article 156.
4. When smaller boats engaged in carrying merchandise in packages or in bulk to be transshipped lay alongside of a vessel or place other than that to which the said merchandise is destined, see article 156.
ART. 231. The consignees of merchandise to be deposited in bonded warehouse who fail to present the corresponding declarations within the prescribed period of time must enter the same for immediate consumption.
ART. 232. Any person or persons not employs of the Cuban customs service who shall wear the uniform of that service shall be liable to a penalty of $100 upon conviction by a correctional court. ART. 233. No fine or penalty prescribed in these regulations shall be considered to exempt the parties so fined from such other legal proceedings as are provided for in these regulations.


CHAPTER XXIV.
UNITED STATES ARMY-TRANSPORT SERVICE.
ART. 234. All transports arriving from the United States at any of the ports of the island of Cuba shall comply with the following rules and regulations in regard to their passengers and cargo:
First. The personal baggage of all enlisted men and officers of the United States Army, containing articles solely for the use of themselves or their families in reasonable quantities, to be determined by the collector, shall be admitted free of duty.
The personal baggage of all civilians carried as passengers upon United States transports shall be subject to the rules and regulations governing passengers landing from foreign countries.
Second. It shall be the duty of the quartermaster in charge of any United States transport to present to the custom-house at the port of entry a manifest in duplicate containing, specified separately, first, all merchandise on board of said transport which is public property of the United States; second, merchandise for charitable purposes; third, all property of civilian employs of the Government; fourth, all property of officers and enlisted men serving in Cuba; fifth, all property of private individuals.
Third. It is further the duty of the quartermaster to issue to each of the above-named parties a bill of lading covering all such merchandise.
Fourth. Upon arrival of the transport at any port in Cuba from a foreign country it shall be the duty of the quartermaster in charge of said transport to deliver to the collector of customs such manifest,






duly certified by himself to be correct, which manifest, if merchandise on board be consigned to several ports of the island, shall be returned to the quartermaster containing the certification that all goods belonging to that port have been unladed in conformity, and the quartermaster shall deliver the manifest to the collector of customs at any subsequent port for which the *transport carries freight from the United States.

CHAPTER XXV.

PROTESTS,

ART. 235. Importers who are dissatisfied with the valuation or classification of merchandise as fixed by the collector of the port shall pay the duties imposed, but may file before or at the time of payment, and not later, a written protest and appeal, stating briefly the value or classification which it is claimed should have been established.
ART. 236. The board of appeals, Cuban customs service, appointed by the collector of customs for Cuba, and consisting of not more than five nor less than three members, shall consider such protests against the classification of merchandise and assessment of duty as may be forwarded to it by the chief of the customs service. A majority of the board shall constitute a quorum for the transaction of business. Protests shall be prepared and submitted in accordance with the rules hereinafter given.
ART. 237. The board shall give opportunity to each .protestant to present evidence in support of their claims, and shall direct the production before it of such other evidence as may be deemed relevant to the case.
ART. 238. The board shall keep a full record of its proceedings, and shall submit in writing its findings in the case of each protest to the chief of the customs service for action by him. All protests must state in detail the nature of the claim and the paragraph of the tariff under which clagsification is claimed. Irrelevant and prolix protests or protests that fail to point out distinctly and specifically the precise objection of the person protesting in respect to each entry or paragraph of an entry, his reasons therefor, and protests which do not cite paragraphs of the tariff, will not be entertained, nor will any protest be entertained on excessive sea stores. ART. 239. The parties making protests are therefore particularly cautioned that they must present to the board of appeals all documents upon which they rely for the support of their claims. All opinions of the board of appeals should be governed by the vote of a majority of the members of the board.
ART. 240. Whenever a case before the board of appeals has been heard, a vote thereon shall be taken, which shall be final and conclusive, unless before the end of the session a majority of the board shall vote to reconsider the same.






ART. 241. The following shall be the regulations for the preparation and presentation of all protests:
All protests shall be addressed to the collector, containing name of vessel, number of entry, number of carta de pago, number of the manifest, number of the liquidation, name of the appraiser making the appraisal, and the address of the protestant.
All protests must be accompanied by samples whenever possible, which samples shall be identified by the signature of the appraiser, the number of the entry, and the name of the protestantProtests must be written in English or Spanish, and must be perfectly legible; without which necessary requisite they will not be accepted.
The decision of the protests will be communicated to the protestant in writing, and all information in relation thereto will be furnished and received by the secretary of the board of appeals.
In conformity with the provisions of these regulations, no protest against the assessment of duties shall be receivedunless presented in writing by the importer before or at the time of the payment of duties.
All protests that have been acted upon by the board of appeals will, together with the action of the collector of customs for Cuba, be forwarded to the military governor for final decision.
ART. 242. Protests against the decisions of collectors of subports shall be prepared as above, directed and transmitted by such collectors to the collector of customs for Cuba.


CHAPTER XXVI.
REVENUE-CUTTER SERVICE.

ART. 243. The duties of the revenue-cutter service shall be the protection of the customs revenue, the assistance of vessels in distress, the enforcement of the neutrality laws, of laws pertaining to quarantine, of the laws governing merchant vessels, the protection of merchant vessels from piratical attacks, the protection of wrecked property, and such service as may be specially directed by the collector of customs for Cuba.
The cruising ground of revenue vessels shall be designated from time to time by the collector of customs for Cuba.
ART: 244. It shall be the duty of officers of revenue vessels, whenever possible, to board vessels arriving within the waters of the island of Cuba or within four leagues of the coast thereof if bound for Cuba, to search and examine the same, to demand, receive, and certify the manifests required of them by law, to seal the hatches and other communications with the cargo, and, where necessary, to place an officer on board to remain until arrival at the port of destination.
23076--01-6






ART. 245. Particular watchfulness shall be observed with respect to vessels destined for ports above the entrances of rivers or other waterways whose shores may afford opportunities for smuggling.
ART. 246. Officers of revenue vessels shall arrest persons found violating the laws by breaking bulk or landing any part of the cargo of a vessel not in distress or under unavoidable necessity, before a custom-house permit has been obtained.


CHAPTER XXVII.

CUSTOMS DISTRICTS.
ART. 247. The coast line of the island of Cuba shall be divided into fourteen customs districts, as follows:
Habana.-From junction of Habana and Mathnzas provinces, on north coast, westward around Cape Antonio to junction Mathnzas, Santa Clara, and Habana provinces, on the south coast.
Subport of Bataban6 and Nueva Gerona, on the Isle of Pines, included herein.
1latdnzas. -From junction of Habana and Matdnzas provinces, on north coast, to Cabo Hicacos.
Cdrdenas.-From Cabo IHicacos to junction of Matinzas and Santa Clara provinces, on north coast.
Sagua.-From junction of Mathnzas and Santa Clara provinces, on north coast, to Rio Sagua la Chica.
(aibarien.-From Rio Sagua la Chica to junction of Santa Clara and Puerto Principe provinces, on north coast.
Nuevitas.-From junction of Santa Clara and Puerto Principe provinces, on north coast, to junction of Puerto Principe and Santiago provinces, on north coast.
Gibara.-From junction of Puerto Principe and Santiago provinces, on north coast, to Cabonico y Lebisa.
Baracoa.-From Cabonico y Lebisa to Punta Maisi.
Guantdnamo.-From Punta Maisi to Rio Baconao.
Santiago.-From Rio Baconao to Cabo Cruz.
Manzanillo.-From Cabo Cruz to junction of Puerto Principe and Santa Clara provinces, on south coast.
Santa Cruz.-From junction of Santiago and Puerto Principe provinces, on south coast, to junction of Puerto Principe and Santa Clara provinces, on south coast.
Tunas de Zaza.-i'rom junction of Puerto Principe and Santa Clara provinces, on the south coast, to Rio Agabama.
Trinidad.-From Rio Agabama to Rio San Juan.
Cienfuegos.-From Rio San Juan to junction of Santa Clara, MatAnzas, and Habana provinces, on south coast.
Subports of entry n ay be established by order of the military governor of Cuba.













I NDEX.



A.
Article.
Abandoned goods, proceeds of, not to be returned to owner ------------- 109, 110
wreck, merchandise of, who is owner ----------------- 161
Abandonment, implied, described --------------------------------------- 157
must be so declared in writing by collector of customs --- 158 of merchandise exempts from payment of duties -------- 110,157 Abatement of duty on dead animals ------------.---------_-------------- 174
Accidents at sea to be reported by captain to surveyor ----_---------- 81
to goods, how invoices are affected thereby ---------_----------- 103
Accounts must be submitted to proper inspection ------------------------- 13
principal customs officers required to keep ----------------------- 13
public property to be accounted for as prescribed by military governor----.-- ------------------------------------------- 14
of.bonded warehouses to be examined -------------------------- 192
of money Secretary of War may require ----_-------------------- 14
to be rendered in proper form ----------------------------------- 14
Accurate returns to be made by appraiser -------------------------........ 131
Acting collector of customs- ..----------.------------------------------- - 3
Correspondence of, how transmitted ------------------------------ 5
To render reports --.--.--.--.--.------ --- ---- --- 5
Who may be appointed ---_---------------------------.--------------- 3
Additional duties ------------------------------------------------------ 224
assessed against consignees, when ----------------------- 226
Additions to manifest null and void --------------------- -------------- 77
Addressee of letters containing merchandise required to appear at post-office 141 Admeasurement of vessels for registry to be performed by surveyor ------- 22 Advertisement of sale, how paid for --..---------------.------------------ 110
Ad valorem duties, how calculated --------------------------------------- 100
market value of goods, basis of --_------------------- 100
merchandise subject to- ..--------------------------- 100
wholesale price, basis of ------------------------------ 100
to include value of container ------------------------- 100
Affidavit, false, penalty for ------------------.--------------------------- 221
Agents of consignees ----------------------------------------------- ----- 93,97
marine insurance companies, when considered consignees -------- 94 vessels, when allowed to board --------------------------------- 65
Alcoholic liquors for post exchanges not free ----------------------------- 69
Allowances for damage and short shipments not allowed ------------------ 172
Alterations in bonded warehouse, provisions for ---.--------- ------------ 190
require new bonds --------------------- 190
Altered receipts must be investigated -----------------.------------------ 44
Amended returns of weights must be checked or signed by weigher -------- 58 approved by surveyor --------------- -58
original figures not to be erased _------------ 58
83




84

Article.
American consignments renounced, procedure for-------------------- 113
flag, what vessels may fly --..-- .........---------- 179
Ammunition not to be carried on vessels engaged in coasting trade --.----- 179 Amount of bonds of employees to be determined by collector -------------- 62
duty on baggage that may be remitted ----------------------- 72
Anchorage, place of, to be indicated by port authorities -----------------80
Anchoring place, procedure on entering-- ---.-.---------------------- 78
Animals imported, claim for damages to ---------_------------- ------ 174
Appeals provided for ----- ..................---------------------------- 17
Application for establishment of bonded warehouse -------------------- 188
permit for transfer of merchandise ----------------------- 156
vessels to engage in export trade ----------------------- 147
to enter goods without invoice ------------------------ 104
collector of customs to export for repairs .----------------- 73
Appraisal of merchandise, expenses of, how to be paid --------------------- 110
goods admitted free are to be appraised --------- 129 how made where there is no appraiser ---------- 137 letters, accounts, and invoice must be produced 137 oaths may be administered for-...... ....... 137
order for, to be issued ------------------------- 131
samples must be submitted to collector ......... 134 when to be made .. ..-------------------------- 112
where to be performed ------- ---------- 73,135
who may be present at ---- - ..... _-- - 73
Appraisers, division of appraisers --------------------------------- 129,130
infornation to be furnished by, to collectors -_--------------- 133
may demand the production of documents ------------------ 137
examine importers under oath ---------------- 137
must apply paragraphs, rules, etc., of tariff ----------------- 131
closely inspect all articles -------- . .------------------ 134
observe rules of collector of customs for Cuba ----------- 131
report to collector of customs --------------------------1 33
verify prices on entry with market value --------------- 132
the representative of collector of customs ------------------- 129
responsible to collector for correct appraisal ----------------- 131
to describe merchandise, bow - . . ..--------------------------- 132
report in writing to collector --.----------------------- 132,133
supervise appraisal of all merchandise -----.--------------- 130
under control and direction of collectors ---------------- 129,132
Appraiser's store to receive samples of cargoes in bulk -------------------- 40
warehouses, persons excluded from ..- ---------------------- 73
Approval of surveyor required on amended return of weights -------------- 58
Arms not to be carried on coasting vessels ------------------------------- 179
Arrests may be made by masters of light-house tenders ------------------ 34
Arrest of persons violating the law -----------------.------------------ 246
Articles known as oleomargarine ---. . ..---------.------------------------- 71
purchased by Departments of Government dutiable -------------- 70
which may be exported for repairs ------------------------------- 73
Artificial butter to be branded as oleomargarine ----------------------- 71
Assistant weighers to be assigned to duty by weigher -------------------- 53
Attacks by pirates, how guarded against --------------------.------------ 243
Auction sale of goods not duly entered ---..-----------.--------------- 107,109
Audiencia de lo criminal, jurisdiction of -----.--------------------------- 221
Authority for withdrawal of bonded goods ------------------------------- 208






85

Article.
Authority of customs agents, how secured -----------.------------------- 93
Authorization of consignee's clerks necessary ----------------------------- 93
to open all packages ------- -------------------------- 67
concealed spaces -----.--------------_------------- 67
destroy false'bottoms -------------------------------- 67
partitions--- -------- -------------------- 67
bulkheads ................................. 67
Average weight of steel rails, how to be secured ------------------------- 59

B.

Baggage, duty on, not to exceed $1 may be remitted ---------------- - 72
examination to be made in presence of owner ------------------- 138
landed before persons are permitted to board vessels ------------- 65
list of, to be produced -. . . . . ..------------------------------------ 80
of officers and enlisted men admitted free ----------------------- 234
of passengers, how landed ---- ..---------------------- __.------ 122
owner of, to be examined ----------------------------------- 138
permits to be entered in discharging book ----------------- - 51
unclaimed, how disposed of -------_---------.------------------ 138
when examined ----------------------------------- ----------- 138
when passengers are to be searched --------------------------- 138
when sent to warehouse ..----------- ----------------- 138
Ballast must not be taken on board while vessel is unloading ---------- 45 Banker, when considered as consignee --------------------------...... 94
Basis for computing periods granted for customs operations-......... 83
of classifications made by appraisers- -------------------------134
Barges, general bond for ------. ..-------.--------------------------------- 199
Beam of scales, how to be poised --. . ..----------------------------------- 57
to be kept clean- .----------.---- ---------------------- 57
to be tested frequently -----.--------------------------- 57
Bills of lading made to order to be stated in manifest -------- ------------ 87
may be transferred by indorsement .-----.----------------- 94
necessary for all transport shipments -----.--------------- 234
to accompany entries -------------------------------------- 98
to be indorsed to importer ------------------------------. 98
Blank dock book for weighers -----.-----------------_-------.--------- 55
how to be kept- ------.--------------------- 55
spaces in manifests to be "lined "--------------------------------- - 77
Blanks used at the expense of the interested party - --------_-----_-- 220
Boats not allowed to go alongside vessels in port -------------------------- 65
Boarding inspectors, duties of -------------------------- 31
must ascertain name of vessel and master. ----..----- 31
board all vessels coming from foreign ports ----- 31 certify the manifest of cargo ------------------- 31
examine documents relating to vessel and crew- 31 have charge of vessel until permit for unlading is granted and a discharging officer is assigned to vessel ----------.------------------------- 31
learn name of port of departure of vessels boarded_ 31 seal hatches and openings when necessary ------ 31 verify manifest of cargo by actual examination 31 Board of Appeals, action to be forwarded to collector of customs for Cuba- 242
appointed by collector of customs -------------------- 236





86

Article.
Board of Appeal, decisions reached by majority vote ---------------------239
how appointed --------------------------------------236
majority of, constitutes a quorum --------------------- 236
to consider protests ------------- 236
hear evidence of protest ---------------------------- 237
keep full record of proceedings ---------------------- 238
submit findings to chief of customs service ----------- 238
vote of, to reconsider decisions ------------------------ 240
Bond, amount of, to be determined by collector --------------------------- 62
class of surety for ------------------------------------------------- 62
for establishment of warehouse ------------------------------------- 188
form of, to be prescribed by collector ------------------------------- 62
must be good and valid --------------- 61
necessary for night discharge of vessels ---------------------------- 118
new, when required -------------------------------------------- 189
object of ---------------------------------------------------------- 61
of customs employees -----------------------------------------61
agents ------------------------------------------------ 93
to be registered --------- --............--------------- 93
required for export of bonded goods ------------------------------ 214
to be executed before collector ----------------------------------- 188
given by owner of vessel engaged in coasting trade ----------- 179
for production of invoice----------------------------- 104
who are to furnish --------------------------------------------- 61
Bonded goods, how transferred -------.---------------------------- ------ 202
liable for duties in force at time of withdrawal ------------- 219
must be warehoused by shipping marks -------------------- 195
must be numbered consecutively --------------------------- 195
period allowed for storage of ------------------------------- 193
merchandise to be noted on manifest ------------------------- 123
privilege not to be abused-. ... .....------------------------- 123
stores to be guarded by night inspectors- .------------------------ 35
warehouses, classes of -----.------------------------------------- 184
may be discontinued, when ----------------------- 192
under customs locks --------------------------------- 186
Book of weights to be filed within six days after discharge of vessel -------- 56 Books to be kept by district inspectors ---------------------------------- 25
of bonded warehouses to be examined ----------------------------- 192
Broken seals, penalties for. .----.--------------------------------------- 224
to be reported to collector of customs ----------------------- 119
Building, part of, may be bonded ------------_-----.--------.------------ 186
Bulk cargoes, how treated ----------.------------------------------------ 40
Bulkheads of vessels may be destroyed ----------------------------------- 67
Bulky articles may be stored in warehouses of class 3 --------------------- 187
Bulletin board of custom-house ---------------------------------------- 89
purpose and object of--.. ----------------------------------89
Butterine to be branded as oleomargarine -------------------------------- 71

C.

Cancellation of export bond ------------------------------------------- 216
Capacity of vessels in which importations may be made ------------------- 111
Captains entering port through stress of weather shall present copies of
manifest -------------------------------------------------- 77
must keep record of payments of foreign tonnage dues ----------- 180





87

Article.
Captains, name to be given in manifest ----------------------------------- 77
of steamships to make oath of truth of manifest ---------------- 117
to notify collector when ready to sail -------------------------- 153
Cargo and manifest must agree ---------------------------------------- 76
for immediate delivery, where landed ----------------------------115
in bulk, how entered in manifest -.------------ 77
how treated 40
lost at sea to be reported to surveyor-_ 81 manifest of, sworn to by master --------------------- ---- 75
must not be taken on board while vessel is discharging 45 of coastwise vessels, when considered foreign 166
contraband vessel to be sent to custom-house -------------------- 128
each vessel, weight of, separate book for each ------------------- 56
transport ....... - 234
vessels engaged in coasting trade may be examined --------------179
to be accounted for before clearance is granted ---------------------90
checked out by marks and numbers --------------------------- 50
discharged at different ports. -----------------------------------. 84
examined by boarding inspectors --------------------------- 31
landed under supervision of inspectors ----------------------- 115
transferred to be accounted for by coast inspector--.-...... - 33
removed at night, how done ----.--------------------------------- 35
when it may be reloaded.. - - 159 Carriage of merchandise by custom-house to be charged against same ------ 67 Cartmen transporting dutiable goods must produce license ..-- ----------- 43
Carts, general bond for ------------------- -------------------------- 199
Casks of wine in bond may be refilled . ---------------------------------- 206
Casualties to vessels to be reported ---- --------------------------------- 163
Cashiers of custom-houses to record payment of foreign tonnage dues ------ 180 Cattle m ay be landed without delay ------------------- ------------- ------ 121
Causes of entrance through stress of weather must be stated 159 Certificates for delivery of goods --- --- 50
la d in g - - - - --- - - - - -- - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- 2 1 6
unlading vessels 159
of clearance 153,168,179
collectors of payment of tonnage dues ---------------------- 181
consuls -------------------------------------- ------------ 75,99
deposit of ship's papers ----------------------------- 75
draymen ----------------- 43
health of cattle ------------------------------------- 121
lightermen -......- 43
payment of foreign tonnage dues ---- 180 seizure -- 128 shipments "in part" . ------------------------------------- 28
of merchandise ---------- 27
surveyor of the port of necessity for unlading ------------- 159
weighers and gaugers ------------------------------------ 27
weights - -------------- 60,120
withdrawal for export ---------------------- 214
value of coin 99 Changing anchorage, penalty for 224 Character of merchandise to be given in manifest -------------------------77
Charges due on unclaimed goods, how to be paid -------------------------110
to be paid from sale of warehoused goods ------------------------ 110





88

Article.
Charity, shipments devoted to, must be manifested --------------------234
Chief inspector to assign night force to duty --------------------------37
see that orders of surveyor are obeyed -----------------37
make daily reports ------------------------------------ 37
supervise night inspectors -------------------------- 37
of customs service ------------------------------------------------- 2
authority of, how conferred ----- --......... 2
duties of ---------------.-------------------- 2
nmust be an officer of the Army ------------------ 2
title of .-------.------------------------....... 2
under orders of military governor --------------- 2
Chiefs of departments to give receipts for declarations ------------------ 112
Chronometers may be landed for repairs under bond-------------------122
Cigars brought by passengers may be entered free--- ------------------ 122
Circular No. 31, Division of Insular Affairs ---------------------------- 71,221
Circumstances calling for surrender of coasting permit ------------------- 178
of entrance through stress of weather must be stated ------- 159 Citations for captains, how served -----.---------------------------------- 88
Citizens and police to aid night inspectors ------------------------------- 36
Civilian passengers on transports, regulations for ------------- ---- -------- 234
Claims for damages not allowed for injury caused in searching vessels .... 67 Classes of bonded warehouses --------------------------------------------- 184
Classification of merchandise to be decided by customs inspector of Habana - 17 Clearance certificate to be presented to consul ------------------------ --- 75
issued by collector ----- ------------------- 75
of vessels, when permitted ------------------------------------- 90
not permitted till cargo has been discharged --------- 90 papers to be produced by masters ------------------------------ 75
permits for coastwise vessels - ------------- ---------------- 168
Clerical errors may be corrected ..------------------.------------------- 136
Clerks of consignees --.. 9------ ------------------------------------93
Coal may be stored in warehouses of class three -------------------------- 187
must not be taken on board while vessel is discharging -.------------- 45
on vessel to be entered in report of discharging inspector ------------ 51
Coasting permits must be approved by military governor ---------------- 177
when renewed--------------------------------- 178
trade of Cuba, what vessels may engage in ----------------------- 17
vessels to be examined and record made thereof ------------------ 25
Coast inspectors--- -------------- ---------------------------- 32
must keep account of cargo transferred ----------------33
make two manifests of transferred cargo --------- 33 proceed to location of wrecked or stranded vessel -.. - 32 protect interests of the revenue -------------------- 32
purpose of appointment ------------------------------ 32
to guard wreck or stranded vessels -.------------------ 32
oversee all merchandise landed --------------------- 32
report facts of wreck to surveyor -----------.. .------ 32
when to take charge of goods landed from wrecked vessels- 32
surveillance ----.------------------------------- -------_------ 64
when it begins ----. ..-----.------------------------------ 64
terminates -------------------------------------- 64
where exercised --------------------------------------- 64
Coastwise trade described ---------------------- ...........------------ 166
what vessels may engage in ----------------------------- 166







Article.
Coastwise vessels can not touch at foreign ports, - -------------------- 166
clearance of ------ ------------------------------168
Coins of the United States to be received for duties --.------------------- 99
Collection district, on entering, manifest to be produced . . ..-------------- 79
Collector of customs, all doubtful questions to be referred to collector of chief port- ------------------------------- 15
directed to perform certain duties formerly belonging to United. States consuls ----------------------- 15
civil officials may be appointed to act temporarily as acting collectors ------------------------------ 3
correspondence of, how transmitted ----------------- 5
holds possession of all merchandise until duties are paid 18 is the chief officer of the customs district ------------18
laches of subordinates, not liable for ---------------- 19
may annul authority of clerks - --------- 93 appoint deputy collectors . .- - 21 extend period of 90 days for entry of merchandise 107 issue permission to engage in coastwise trade- 167,177 remit duties not to exceed $1 - --- - 72 must certify or order certification of balances after due examination - I --- 15 declare merchandise abandoned in writing ---- 158 indorse their views on all documents submitted for that purpose -------------------------15
require all subo dinates to comply with customs laws, regulations, and all orders ------------- 15
see that register of collections is correct ------- 15 not liable for losses occasioned by their official acts__ 19 officers of the Army to act as ----------------------3
renunciation of consignment addressed to ------------94
required to comply with these regulations, the customs laws, and general and special orders --------- 15 shall appoint the employees of the respective customs houses ------------------------------------ 15
forward all reports required by superior authority --- -------------- ..-------------- - - - - - - 15
require cashiers and employees to make deposits punctually in public treasury ---------------- 15
safeguard moneys while in their possession ----- 16 see that all duties, taxes, and imposts are collected at the proper time --------------------- 15
to designate employees who are to be bonded -------- 61 file and stamp manifests --------.. 82 authorize discharge of vessels ----------------- 115
be notified of liens for freight . ---------------- 114
certify to duplicate manifest ---------------------153
countersign permits to engage in coasting trade --- 177 decide all questions raised in the dispatch of merchandise -------------------------------- 15
direct appraisers .-------- ----------------------- 132
examine all entries .------------------------- 101
fix bonds of customs agents ---- 93 furnish certificates of weight ------------------ 60
have custody of merchandise unladen in distress_- 159







Article.
Collector of customs to inspect oleomargarine ----------------------------71
issue certificate based on statements relative to seizure of contraband vessels ----------------- 128
clearance to vessels ------------------------- 75
keep registry of authorization of clerks ------------93
order delivery of abandoned goods ----------------110
post notices on bulletin board -- - 89 prescribe interior regulations of the respective custom-houses ----------------------------- 15
receive consular certificate of deposit of ship's papers ------------ 75
render reports. ----------------------------------5
require correction of all erroneous entries --------- 101 sell goods not entered within ninety days after importation ------------------------------------107
send goods to general order stores, when ----------- 87
take possession of all unclaimed goods -------------52
goods not discharged at proper
time ------------- 52
vessels are subject to his authority while in port -.... 18 Combined warehouse and transit bond ------------- ............--------- 201
Commercial code to govern disposal of renounced consignments --------- -- 113
Common carriers, bond of, for transportation of goods in bond -_ ----- 202
must report arrival of goods at destination -------------- 201
of goods in bond, liability of ---------------------------123
Companies, marine insurance, when considered consignees ---------------- 94
Compensation allowed for working at night --------------------------- 118
Competent tribunal to determine salvors' interest in wrecked goods ------ 161 Compounds of butter to be known as oleomargarine -----------------------71
Computing periods for customs operations, basis of ------------------------ 83
Concealed merchandise, how disposed of when penalties are not paid ------ 157
spaces on vessels may be opened ----------- 67
Concealment of books or papers, penalty for ----------------------------- 221
Conditions calling for surrender of coasting permit ----------------------- 178
Conductors ol cars to receive manifests from district inspectors ------------27
Confiscated merchandise to be sold ------------- 108
proceeds of, to be delivered to collector ----------- 108
Confiscation of goods not duly passed at custom-house --------------------106
Consignees, classes of ------------------------------------------------- 92
may employ clerks for customs operations -------------------- 93
Consignee of vessel to be given in manifest -------------------------------- 77
when not found, procedure ---- ---------------------------- 113
who is so considered ------------------------------------------- 94
of goods consigned to order ------------------------------------ 94
Consignment may be admitted or renounced ------------------------------ 94
renounced, procedure for ---------------------------------113
Consular certificates, when not required ---------------------------------- 78
to show value of foreign coins ----------------------- 99
Consuls allowed to board incoming vessels -------------------------------- 65
methods of, for certifying to manifests ---------------------------- 77
of a friendly nation to certify invoices of goods shipped to the
United States -----.------- .................----------------- 15
nation of contraband vessel to be notified of seizure ------------128
to be advised of abandoned merchandise ------------------------- 113





91

Article.
Consuls to receive ship's papers 75
when considered as owner of merchandise ----.................... 113
Consumption permit must agree with entry ------------------------------- 98
to be entered in the discharging book ----------------- 51
Container, value of, to be included in assessing ad valorem duties ---------- 100 Contents of liens for freight -..........................---------------- 114
packages to be marked 105 manifest 77 Contraband merchandise not to be exported 91
vessels, all hatches to be closed and sealed -------------------- 128
Copies of declaration must agree--------- 97
landing perm its to be m ade - _ ----------------------------------. 53
manifests for partial discharges - - --- -....................... 84
general manifests to be presented at each port --- - 84 certification of, - 84 Corporations may.furnish a general bond -------------------------------199
to forfeit all oleomargarine not branded ----------------------71
Correct returns must be made by appraiser ...... 131 Corrections in manifest not certified, null and void --------------_------- 77
1 of manifest, when permitted ------------------------------- 76
Correspondence of collectors and acting collectors to be transmitted through office of principal customs port -------------------------------------- 5
Cost of sending goods to warehouses to be avoided, when .------------------ 41
Country of final destination of exported merchandise to be stated --------- 150 Cove, when entered by vessel, manifest to be delivered to inspector ------- 78 Crafts entering wrecked goods must manifest cargo ---------------------- 161
Crew, documents relating to, to be examined by boarding inspector -------- 31
of vessels engaged in coasting trade may be examined ------------- 179
Criminal courts have jurisdiction in customs cases ----------------------- 221
Cruising ground for Revenue-Cutter Service ---------------------------- 243
Cuban productions are to be entered free -------------------------------- 161
vessels authorized to clear for foreign ports ----------------------- 179
in ports of United States subject to section 2497 of Revised
Statutes --------------------------------------------- 179
only to engage in coasting trade --------------------------- 166
wrecked, not dutiable -------------------------------------- 161
Customs agents to furnish bond ----------- -- ------------------------- 93,97
duties collected by postmasters, when -------------------------- 142
employees-Inspectors, all goods seized to be sent to the public
stores -----------_-.------------------ 24
assigned toduty by surveyor ------------ 24
forbidden to perform any private or unofficial duties on board vessels ----------- 24
must ascertain whether incoming vessels are provided with signal lights _ 24 send receipts and reports to surveyor -------------------------- 24
take receipt of storekeeper for such goods --------------------------- 24
on special service, required to wear uniforms, where ------------------------ 24
to be appointed by surveyors ----------- 24
superintend unlading of vessels at night ------------------------------- 35





92

Article.
Customs employees-Inspectors, when collector may appoint ------------- 24
Customs districts, description of ------------------------------------------ 5,247
Custom-houses, description of ----- ---------------------------------1
for what purpose established ---------------------------- 2
how established ----------------------------------- 1,4
locks, where to be used ------------------------------ 39
of second class --------------------------------- 2
two classes of ---------------------------------- 2
Customs officials, duties of
collection of duties ------------------------------------ 6
fees -------------------------------------- 6
penalties _ --------------------------------- 6
compilation of returns of commerce, navigation, and immigration -...------.--.-.............---------------- 6
disbursement of public moneys ----------------------- 6
documenting of vessels-- -.-----_.--------------------- 6
exclusion of foreign vessels fromlcoastwise trade -------- 6
- immigration laws, enforcement of ----------------------- 6
maintenance of laws ------------------------------------ 6
treaties ..----------------------------- 6
must warn and advise ---------------.....------- 8
prevention of smuggling --------------.-------------- 6
securing lawful revenue ------.------------------------ 6
suppressioil of smuggling ------------------------------ 6
use and preservation of public property ----------------- 6
Customs operations, who may perform -------------- ..----------------- 93
surveillance, by whom exercised--- .------.------.------------- 66
in jurisdictional waters ---------------------------- 66
in ports ------------------------------------------- 66
where exercised ------------------------------------ 66

D.

Damage can not be claimed for losses occasioned by examination of vessel 67
of merchandise, no allowance for --------------------------------- 172
to goods incurred on voyage, no allowance for ---------------- 110
Date manifest is received to be stamped thereon --------------------------- 82
of landing goods from vessel to be noted in discharging book ---------- 51
warehousing must be placed on all bonded packages -------------- 195
Dead animals, abatement of duty on ------------------- ------------ 174
Death of consignee, effect of -.. ...-------- I.----------------------------- 157
parties to a bond to be reported to military governor ------------ 189
Declarations and oath of consignee ---------- . .----------------------- 97
copies of, must agree ----.--------------------------------- 97
of abandonment, when not necessary ..----------.----------- 157
wrecked merchandise -----------------.---------------- 163
to be compared with manifest, invoice, and bill of lading- . 112
delivered to chiefs of departments ------------------ 112
noted in register --.-.-.-.--.----------.------------- 112
numbered ----------.---------------- --------------- 112
sworn to for supplies for post exchanges -------------------- 69
Decisions of collectors of subports to be forwarded to collector of customs for Cuba ....----------------- --------------------------------- 241
Definition of printed matter -------------------.------------------------ 145





93

Article.
Deliveries of goods from any vessel must correspond to landing permit for
same ---------------------------------------- ---------------------- 23
Delivery of merchandise to be made in open day ------------------------- 118
Deposit of ship's papers ---------------------------------------------- ---- 179
Derelict merchandise is dutiable ..---_----------------- 161
Description to be made of unshipped merchandise -------.---------------- 29
vague, not allowed in manifests ----------------------- - 77
Destruction of invoice, penalty for --------------------------------------- 221
Differences in weight, penalty for ---- ------------..........---------- 224
Discharge book to be delivered to surveyor -------.---------------------- 50
duly signed ----------------------- 50
accompanied with permits and orders of discharge --- 51 Discharge of vessels, collector to designate place for ------.---------------- 115
entering port in ballast ----------------------------- 127
details of, how arranged ------.--------------------- 118
goods landed in error --------------.--------------- 123
goods without permit sent to general-order store ----- 115 made under supervision of inspectors --------------- 115
nothing to be landed without permission ------------ 124
periods for -----_ . . ..------------------------------ 125
permit for unlading ballast ---------------------- 127
responsibility of captain in -------------------------- 115
rules for discharging cargo in bulk ------------------ 121
to be performed in open day ------------------------- 118
to be performed within prescribed period ------------ 115
unlading of cattle--- .--.----- ...... -----------------121
when permitted ------------------------------------ 115
Discharging book to be kept by discharging inspectors ------------------- 50
must designate disposition of all packages -------------. . 51
entries in, how to be made ---..----------------------- 50,51
how to be kept -. .. .. ...-------------------------------- 50,51
inspectors; alterations in receipts to be investigated ----------44 are to check our cargo --------------------------- 50
assigned to vessels to examine cargoes ------------38
for storing or delivering of cargoes --------------------- 38
to superintend unlading ------- 38 duties of ---------------------------------------- 38
extra hours of service to be paid for by shipper --- 47 have power to oblige cartmen and lightermen exhibit license to carry goods -------------------- 43
how permits are to be entered in discharge book -- 51 must be constantly on duty until relieved --------- 48 close hatches before leaving vessel ----------- 48
endeavor to save expense to owner of perishable goods ---------------------- -------- 41
have goods properly separated on wharves for convenience of weighers, gaugers, or markers --------------------------------- 4a
have goods weighed, gauged, or measured before removal ------------------------------ 42
lock room or safe where valuables are stored- 39 not allow ballast or coal to be loaded while vessels are discharging cargo --------- 45






Article.
Discharging inspectors must not allow unlading of goods before sunrise or after sunset ------------------- 46
report condition to night inspector when he takes charge ---------------------- 48
disobedience of lightermen or cartm en ......... 43
to what places goods are sent ------- 50 secure all unbroken packages of sea stores -- 38 submit discharge book to surveyor ----------51 to surveyor all vouchers relating to disposition of the cargo ----------- 51
not allowed to leave vessel without consent of surveyor - -- ---------- 48
samples of cargo in bulk to be sent to appraiser's s to r e - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 0
to cancel or remove all customs seals before delivering goods for further transportation --.----- 49 keep a discharge book ----------------------- 50
personally examine vessels before reporting them fully discharged -- ---------- 52
report all explosive or perishable goods imported_ 41 goods on board after discharge period has expired ---------------------- 52
coal on board vessels -------------------- 51
excess of sea stores ---------------------- 38
seize all goods removed in violation of law ------ 42 send mail to nearest post-office ---------------- 38
unsigned receipt with each load of goods to warehouse ------------------------ ----- 44
take charge of specie and valuables -------------39
officers assigned to vessels ------------.--------------- .--- 31
Disobedience of customs orders or regulations to be reported to surveyor -__ 43 Disposal of explosive substances ------------.-------------------------- 200
Disposition of duplicate manifest -----..---------------------------------- 153
perishable goods ------------------------. --------- 200
printed matter relating to lotteries---- ---------- ---- 146
refitted vessel -----------------------------------.---------- 165
unshipped packages ------------_------------------------ 29
Dispositions of the tariff must be applied by appraiser ------------------ 131
Disputes over charges for warehousing goods, how decided --------------- 186
Distress, vessels in -. . . . . . . . ..------------------------------------------ 159,242
District inspectors, books to be kept by -------------------------------- 25
certificates of shipment, made by ------------------- 28
in charge of final delivery to make final return of discharge ------------ ------------------------------ 25
have general supervision of all vessels coming into their districts --------------------------------------------- 25
how report of partial discharge of vessel is to be made-- 25 must be in their respective districts during such hours as the surveyor may direct -------------------- 25
certify to manifests delivered to masters or conductors ------------------------------------ 27
give name of weigher or gauger underneath certificate of shipment ------------------------------ 27






Article.
District inspectors must specify underneath certificate number of packages not shipped and reason, if known ------------- 28
state disposition made of unshipped portion of shipment ----------------------------------------- 28
record book to be kept by ----------------------------- 25
to ascertain if Cuban vessels are properly documented_- 25 have complied with navigation laws ---------------- 25
examine vessels coming into their district -- ----------25
retain custody of vessels until relieved by discharging inspectors ------------------.--------------------- 25
secure and seal all hatches and openings of vessels from foreign ports which enter their district ------ 25 supervise shipment of goods for export -------------- 26
transportation in
bond-.--..--..-. --- 26
when shipments are to be indorsed "shipped in part" 28 there are two inspectors one must be constantly on duty ------------------ 2.5
to indorse on original entry certificate of shipment ----------------------- ------------------ 27
Division appraisers. (See Appraisers.) Division of insular affairs, circular of, No. 31 ---------------------------- 71
Dock book for weighers -------------------------------------------------- 55
how to be indorsed ------------------------------------------- 55
kept --------------------------------------------- 55
to be corrected to agree with amended return of weights -------- 58 Documents in support of protests to be presented--- --......------ 239
of vessels to be deposited with consul ------------------------- 75
relating to vessel and crew to be examined by boarding inspector- 31 required for export of merchandise---. . .--------------------- 151
to be presented for appraisal of merchandise ------------------- 137
Double duties charged on provisions not listed with ship's stores .-------- 224 Doubts as to quality of goods, how decided --------.--------------------- 134
Draymen must produce signed receipt for goods delivered before intrusted
with another load ------------------------------------------- 44
or lightermen must give bond .-------------------------------- 198
Duress by enemies, obligations and privileges conferred by ---------------- 78
Dutiable goods claimed as stores to be sealed by discharging collector.. 38
stored in bonded warehouses ------------------------ - 184
mail held until duties are paid -------------------------------- 142
Duties assessed on merchandise received by mail -------------------------- 139
must be paid on derelict merchandise ------------_--------------- 161
excessive ship's stores --------------- 86
not to exceed $1 may be remitted ...----------------------------- 72
of consuls of the United States performed by collectors of customs__ 15
Revenue-Cutter Service -----------------.----------------------- 242
weighers ------------------------------------.---------- 53-60
on baggage and effects, when remitted ---------------.----------- 72
passsengers' effects, when remitted ---------------------------- 122
to be paid from proceeds of sale --------------------------------- 110
Duty, amount to be paid on merchandise to be decided by customs inspector at Habana --------------------------------- ------------------------- 17
Duty-paid merchandise, when to be sold by collector --------------------- 193






Article.
Duty, neglect of, to be reported to surveyor by weigher ------------------ 53
performance of, guaranteed by bond ---- - ------------- 61
E.
Effects of passengers (see Baggage).
when admitted free of duty -----------.------------ 122
duties on. not to exceed $1 may be remitted ---------- 72
Employees not restricted in discharge of their duty ------------------- 67
Entrance of vessels through stress of weather ... ----.------------- 159
Entries of district inspectors to be made with necessary particulars -------- 25 Entry of merchandise, agent must have power of attorney for making ----- 97 amendments to, not permitted -------------------- 97
collector of customs to examine ------------------- 101
copies of, must correspond ------------------ 97
declaration of, who may make ------------------- 95
must be numbered consecutively .-- 96 different consignees can not unite in a single entry. - 96 methods of -- ---------------------------- 95
form of declaration and oath --------------------- 97
information to be set forth in entries -------------- 97
motive power of vessels to be stated in ------------ 102
must be accompanied by bill of lading and invoice-- 98 authorized by proper department of customhouse ----------------------- ---------- 96
made at custom-house of port of arrival.... 95 on entire sheets of paper ------------- 96
give port of origin ---------.---------------- 97
not contain amendments or erasures ---------- 97 number of must agree with permit ----------------- 50
of steamships making regular trips --------_------- 117
goods for warehousing must be in duplicate ------ 194 should give number and paragraph of manifest ----- 97 class, etc., of packages --------- 97 weight of each article --------------- 97
state name of consignee ----------- 97
value of merchandise ----------------- 97
to be duly recorded -----.-------------_----------- 112
made in duplicate or triplicate...--------------- 96
when duties accrue ------------------------------- 95
made in triplicate. -...------- --------------- 201
who may make ----------------------------------- 95
Equipment may be landed for repairs under bond ------------------------- 122
of Cuban vessels wrecked not dutiable -----.----------------- 161
Errors, clerical, may be corrected ---.-- ....------------------------------ 136
in certified manifest to be reported ---------------.-------------- 77
manifest do not cause forfeiture ------------.--------------- 76
for export, how corrected -..............---------- 149
Evidence in support of appeals ----------- ---------------------- 237
of fraud, penalty for destruction of ---------------------------- 221
shortage must be presented to collector -.-------------------- 174
to be taken for classification of goods --------------------------- 137
Examination by appraisers to be reported to collector --------------------- 133
new, may be made in cases of suspected frauds -------------- 64
of account of bonded warehouses --------------------------- 192





97

Article.
Examination of baggage -------------------- ----------- ----------- 122
cargo and manifest by boarding inspector necessary ------- 31 goods landed in error ----------------------------------- 123
merchandise, how performed ---------------------------- 105
premises used for bonded warehouse --------------------- 188
Exceptions to regulations for deposit of ship's papers------. _. -.------ 75
Exchanges, post, what may be imported by ------------------------------- 69
Exclusion of all persons from appraisals --.-.-_.. --- . ..--------------- _ 73
Exceptional examination of goods to be reported ------------------------- 135
Execution of bonds before collectors ------ _ ---------------------------- 188
Exemption from duty of periodicals ----------------------------------- 145
tonnage dues ----------------------------------------- 176
Expense of discharge of contraband vessel, how paid --------------------- 128
night discharge, on whose account ---------------------------- 47
Expenses incurred in seizure charged to consignee ------------------------ 126
Expense of appraisal, how paid -------------------------- --------- 110
storage and sale to be deducted from proceeds ----------------- 107
vessels in distress to be paid for by sale of cargo -------- --- - 159
Expiration of period granted for storage causes abandonment of goods ----- 157 Explosives, not allowed in bonded warehouses -----------------_--------- 200
to be reported to collector ------------------------------------ 41
when seized -.---------------------------------------------- 226
Exportations, application for, to be made to collector ...................... 147
certificate of clearance, when granted -------------------- 153
documents required for ---------------------------- ------- 151
expenses of lading for, by whom borne --------------------- 151
how vessels are to qualify for ---- ----------- -------------- 147
manifest of, to be presented - . ------------------------------ 151
merchandise for, how examined ................ 149
errors in, how corrected ----------------------- 149
of products of the island of Cuba -------------------------- 151
permit for, how issued ------------------------------------ 148
policy of vessels to be presented in duplicate ---------------- 147
what they are to cofitain ------------------------- 147
special regulations for lines of steamers _----------------- 149,152
supervision of ------------.------------------------------- 151
vessels to engage in, to be examined ----------------------- 148
when night work shall be allowed ------------------- - . 152
Exportation for repairs ------------------------- _ ----------------------- 73
Export bond, when canceled --------------------------------------------- 216
Export or transshipment entries to be returned to surveyor's office -------- 30
transport permits ---.------------------------------------------ 51
Extension of period allowed for storage of bonded goods -------------------1 93
Extracts known as oleomargarine ------.--------------------------------- 71

F.
Failure to appear to claim goods, effect of -------------------------- ----- 157
pay liquidated duties, penalty for ----- -_.................-226
False bottoms may be destroyed --- - ------------ ......-------------- 67
oaths, penalties for -------------------------------------------------- 97
Families of soldiers, baggage of, entered free _---------------------------- 234
Fees for consular services to be collected by collectors of customs and accounted for as customs collections ---------------------------------- 15
23076-01-7




98

Article.
Figures, original, of weigher not to be erased ---------------------------- 58
and letters to be used in manifests ------------- ......----------- 77
Findings of board of appeals must be in writing ------------------------ --- 237
Fine for consul returning ship's papers before clearance certificate is issued- 75
failure to deposit ship's papers - ------------------------------- 75
permitting persons to board or leave vessel without consent of customs officers ---------------------------------------------------- 65
Firms may furnish a general bond ---------------------------------- 199
to forfeit all oleomargarine not branded --------------------------- 71
Firearms, when seized -------------------.---------------------------- 226
Firkins containing oleomargarine to be branded- --- --------------------- 71
Flag of vessels engaged in coasting trade of Cuba ------------------------ 177
Foreign goods landed from a vessel in distress are dutiable ..--- ... --------- 161
merchandise, transit of -------------.-------------------------- 154
in transit not liable for duties .-----. -- - _ 154 vessels not engaged in trade exempt from tonnage taxes ----------- 176
obligations of masters of -------------------------------- 75
to deposit ship's papers with consul --------------------- 75
when permitted to engage in coastwise trade ------------- 166
Forfeiture of merchandise ----------------_.--------------------------- 222
not on manifest ------------------------------- 76
when remitted ------_---------_--------- - 76
Form of bond of employees to be prescribed by collector ------ . ------------ 62
Forms, application to enter goods without invoice ------ ------------------ 104
declaration of owner .-----.-------- ----------------------------- 97
consignee ---------------.------------------------- 97
Form for manifest of packages carried in transit ------------------------154
withdrawal for exportation ...----.................. --------------211
of oath of consignee ------------------------------------------ 97
owner of merchandise ------------------------------------ 97
declaration on export withdrawal-- .--.-.--.-------------------- 212
export delivery permit ------------------------------------------ 215
issuing permits to engage in coasting trade ---------------------- 179
order for examination of bonded goods withdrawn for export ------ 216 permit to unlade ballast ----------------------------------------- 127
transfer of merchandise in bond ------------------------------- 198
withdrawal permit ---------------------------------------------- 208
Forms, blank, at the expense of the interested party ----------------------- 220
Four leagues, limit of jurisdictional waters of Cuba -------------- ---------6
Fractional silver of the United States to be received in limited amounts. - - 99 Frauds, when suspected, may be investigated . _ .------------ ------------ 64
Fraudulently entered goods to be forfeited ------------------------------ 106
Free merchandise to be appraised ----------------------------------------- 129
of duty, supplies for United States Army and Navy ......----------- 69
pratique, admission to- .---.. -----------------------------------81,85
permits to be entered in the discharging book .---------------------- 51
Freight carried from United States on Army transport -------------------- 233
due, to be paid from sale of unclaimed goods -------------------- 110
Funds, employees in charge of, to be bonded ------------------------------ 61

G.
Garrisons, officers in charge of post exchanges ------- ---------------------- 69
Gaugers or weighers, names of, mnst appear on certificates --------------- 27, 51
General bond for lighters or drays ------------ --------------------------- 199
manifest must state packages transferred ------------------------- 155





99

Article.
General order stores, goods in, when to be sold -----------------.------ _ 109
when goods are to be sent to --- ------------------- 87
transportation bond ---------------------------------------- 202
Gold coin to be received for duty -.........................------------ 99
Goods consigned to order to be noted in manifest--------------------. -- 77
devoted to charity must appear on manifest -----------------.- 233
imported in any vessel must correspond to landing permit ---------- 23 in bond liable for duties in force at time of withdrawal-..-.-------- 219
period allowed to remain in storage ----------------------- 193
samples of, may be taken --------------------------------- 205
in transit, general manifest for necessary ---- --------------------- 224
landed are to be properly separated on wharves ------------------ 42
may be followed when frauds are suspected ----.------------------- 64
must all pass through custom-house -------------------------------- 67
be examined in appraisers' room - --------------------- ----- 135
not duly entered within ten days to be placed in store --- ---------- 116
passed at custom-house to be seized ---------------------- 106
on vessel not manifested, penalty for ----------------------------- 224
to be arranged on wharves for convenience of weighers- -.----- . --- 42
entered within ninety days after importation ---------------- 107
undervalued, when confiscated ------------- ------ --------------- 226
when forfeited to Government- ----------- ---------------- __-106
Government stores used for storage of seized goods ---.----------------- 185
to pay duty on supplies -----------.-----------_------------- 70
vessels exempt from tonnage taxes -------------------------- 176
Governor-General must approve permits to engage in coasting trade ------- 177
to be advised of American consignments renounced - - 113 Gross tonnage to be stated in manifest ----------------------------------- 77
weight of packages to be given in manifest ------------------------- 77
Gunpowder not allowed in bonded warehouses ---------------------------- 200

H.

Harbor improvement taxes ----------- --------------------------- 175, 176
Hatches and openings of foreign vessels to be sealed by district inspectors-. 25
closed by revenue officers ------------.--------------------------- 244
of contraband vessels to be closed and sealed --------------------- 128
to be opened only in presence of collector ------------------------ 128
" sealed by boarding inspectors -------------------------------- 31
Habana designated as principal customs port of Cuba ------------- --------- 5
Health certificate necessary for cattle landed ----------------------------- 121
officers permitted to board incoming vessels -.- -------------------- 65
Heavy articles may be stored in warehouses of class three ---------------- 187
Hour manifest is received to be stamped thereon -------------------------- 82
Hours when vessels may be unladen -------------------------------------- 46
I.

Identification of articles exported for repairs ----------------------------- 73
Implements and weights to be tested ------------------------------------- 54
Implied abandonment, how decided ------------.------------------------ 157
Importations by sea --------.------------------------------------------- 67
not entered within ninety days to be sold -------------------- 107
of oleomargarine to be inspected by collector ---------------- 71




Full Text

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This volume was donated to LLMC to enrich its on-line offerings and for purposes of long-term preservation by University of Michigan Law Library

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L9.IS CUSTOMS REGULATIONS I FOR PORTS IN THE ISLAND OF CUBA. IABANA, CiBA, 1901. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1901. J,

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C

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TABLE OF CONTENTS. Page. CHAPTER I.-General functions of customs-houses, their classes, the authority by which created, and the present customs ports of Cuba. 7 II.-Duties and powers of customs officials ---------------------9 SIII.-Collectors of customs---------------------------------11 The surveyor -------------------------------------12 Customs inspectors--------.------------.-----------13 District inspectors .----------------------------------14 Boarding inspectors ------------------------. .------. ..15 Coast inspectors -----------------------------------15 Night inspectors-----------------------------------16 Discharging inspectors.-----------------------------17 Weighers --.-----.20 .d IV.--Bonds of customs employs-----------------------------21 V. -Customs surveillance----.-----------------------.------22 VI.-Importations by sea-.-.--23-----------------------23 Section first -------.-----------------23 General provisions -----------------------------23 Supplies for United States Army, Navy, and MarineHospital Service -----------------------------24 Section second .---------------------25 1 Masters of vessels and their manifests.------25 Section third --------------------------------------30 Consignees .-------------------------------30 VII.-Entry of merchandise ---------------------------------31 VIII.-Discharge of merchandise -----------------------39 IX.-Appraisal of merchandise -------------------------------45 X.-Baggage -------------------------------------.--.47 Examination of mails ----------------------------------47 XI.-Exportations .-------------------------------------49 XII.-Transits and transshipments --------------------------51 XIII.-Abandonment of merchandise ----------------------------52 XIV.-Entrance of vessels through stress of weather----------------_ __ __ 53 XV.-Derelict and wrecked merchandise ------------------------54 J XVI.-Coastwise trade --------------------------------------56 .XVII.-Allowance for damage or short shipments------------------__ __ __ 57 XVIII.-Tonnage and harbor improvement taxes -------------------58 'J XIX.-Coasting trade of Cuba ----------------------------------59 XX.-Special regulations for coasting trade-------------__ __ __ --------60 ~'XXI.-Interior circulation ------------------------------------62 'p 3 -J .....4 C.'. ...4

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4 Page. CHAPTER XXII.-Special rules for the warehousing of imported goods and their transportation in bond.---.-63 Warehouses of class one -----------------------63 Warehouses of class two ------------------------63 Warehouses of class three-------.---.-._ 64 Application for establishment of bonded warehouses. 64 General provisions------------------.-.-.-.-----. 65 Transportation in bond ------------------------68 Withdrawals at original ports for consumption .70 Withdrawal at original port for exportation -_---71 Export withdrawal at port of original importation.71 XXIII.-Penal provisions and additional duties..---------73 Classification of penal acts and customs proceedings ---.-.--73 XXIV.-United States Army transport service ------------------79 XXV.-Protests -------------------------------------80 XXVI.-Revenue-Cutter Service---. 81 XXVII.-Customs districts -.-------. -------------82 Index ----------------------.----------------------83

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WAR DEPARTMENT, Washington, D. C., June 2., 1901. By direction of the President, the following customs regulations for ports in the island of Cuba, will be proclaimed and enforced in said island, and will take effect on promulgation in Cuba. All regulations and orders heretofore issued inconsistent herewith are hereby repealed. ELIHU ROOT, Secretary of War. 5

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s a 1 e a

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REGULATIONS FOR THE GUIDANCE OF OFFICERS CONCERNED IN THE COLLECTION OF DUTIES ON IMPORTS AND EXPORTS AND OTHER CHARGES AND EXACTIONS TO BE LEVIED AND COLLECTED AS A MILITARY CONTRIBUTION AT PORTS AND PLACES IN CUBA IN THE POSSESSION OF OR UNDER THE CONTROL OF THE UNITED STATES. CHAPTER I. GENERAL FUNCTIONS OF THE CUSTOMS-HOUSES, THEIR CLASSES, THE AUTHORITY BY WHICH CREATED, AND THE PRESENT CUSTOMS PORTS IN CUBA, ARTICLE 1. The customs-houses are the offices established by competent authority in those ports which have been designated for the entrance and clearance, transfer and transshipment of merchandise, in order to collect the customs duties and enforce the existing customs laws and regulations. ART. 2. The customs-houses of the island of Cuba are divided into two classes. The custom-house of the first class shall be the one at the principal customs port of the island; the custom-houses of the second class shall be those at the ports which are declared to be subports of the principal customs port. An officer of the Army shall be appointed collector of the principal customs port. Besides acting as collector, he shall be the chief of the customs service, and shall be designated as the collector of customs for Cuba. Under the orders of the military governor he shall have general jurisdiction over all the custom-houses of Cuba, with the authority conferred by the orders of the President, dated at the Executive Mansion, December 13, 1898,1 WAR DEPARTMENT, Washington, December 17, 1898. The following order of the President is published for the information and guidance of all concerned: EXECUTIVE MANSION, December 13, 1898. By virtue of the authority vested in me as Commander in Chief of the Army and Navy of the United States of America, I do hereby order and direct that the folTowing tariff of duties and taxes shall be levied and collected and the regulations for the administration thereof shall take effect and be in force in all ports and places in the island of Cuba and all islands in the West Indies west of the seventyfourth degree west longitude, evacuated by Spain, on and after January 1, 1899. All questions arising in the administration of customs shall be referred to the 7.

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8 and March 31, 1900,1 respectively, and respectively promulgated by the War Department under the dates of December 17, 1898, and March 31, 1900. ART. 3. As far as possible there shall be appointed by the military governor of Cuba, with the approval of the Secretary of War, officers of the Army who shall act as collectors of customs of the subports. collector at the port of Habana for decision, and there shall be no appeal from such decision except in cases where the collector may find it expedient to ask for special instructions of the War Department on the points involved. Necessary and authorized expenses for the administration of said tariff and regulations shall be paid from the collections thereunder. Accurate accounts of collections and expenditures shall be kept and rendered to the Secretary of War. WILLIAM MCKINLEY. The above order and the following tariff of duties and taxes prescribed thereunder will be proclaimed and enforced, as therein provided, and all regulations and orders heretofore issued inconsistent herewith are hereby repealed. G. D. MEIKLEJOHN, Acting Secretary of War. 'WAR DEPARTMENT, Washington, D. C., March 31, 1900. The following order of the President is published for the information and guidance of all concerned: EXECUTIVE MANSION, March 31, 1900. By virtue of the authority vested in me as Commander in Chief of the Army and Navy of the United States of America, I do hereby order and direct that the following tariff and duties shall be levied and collected in all ports and places in the island of Cuba and all islands in the West Indies west of the seventy-fourth degree west longitude, evacuated by Spain, on and after June 15, 1900, and shall remain in force one year from the date of promulgation without change. All questions arising in the administration of the customs regulations shall be referred to the collector at the port of Habana for decision, and there shall be no appeal from such decision except in cases where the collector may find it expedient to ask for special instructions of the War Department on the points involved. Importers who are dissatisfied with the valuation or classification of merchandise as fixed by the collector of the port shall pay the duties imposed, but may file at the time of payment a written protest and appeal, stating briefly the value or classification which it is claimed should have been established. Said protest and appeal shall forthwith be transmitted by the collector, through the chief of customs service, to the military governor of the island, who will review and either affirm, reverse, or modify the action complained of. Necessary and authorized expenses for the administration of said tariff and regulations shall be paid from the collections thereunder. Accurate accounts of collections and expenditures shall be kept and rendered to the Secretary of War. WILLIAM MCKINLEY. The above order and the following tariff of duties prescribed thereunder will be proclaimed and enforced, as therein provided, and all regulations and orders heretofore issued inconsistent herewith are hereby repealed. ELIHU ROOT, Secretary of War.

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9 If at any time in any subport the services of an officer of the Army are not available as collector, a civil official may be appointed temporarily as acting collector. ART. 4. Custom-houses shall be established or suppressed by the military governor of Cuba. ART. 5. The port of Iabana has been duly designated as the principal customs port of Cuba, and the following ports have been declared subports, viz: Matanzas, CArdenas, Cienfuegos, Sagua la Grande (Isabela de Sagua), Caibarien, Santiago de Cuba, Manzanillo, Nuevitas, Guantanamo, Gibara, Baracoa, Trinidad, Santa Cruz del Sur, Tunas de Zaza, and Bataban6, in the Island of Cuba, and the duly appointed collectors of these ports, or other person appointed as acting collector, shall have general jurisdiction over the collection of the customs revenue in the respective ports. Collectors or acting collectors at the subports shall render such reports and accounts as may be required from time to time by superior authority. All official correspondence directed to or proceeding from the collectors of subports shall be transmitted through the office of the collector at the principal customs port. CHAPTER II. DUTIES AND POWERS OF CUSTOMS OFFICIALS. GENERAL PROVISIONS. ART. 6. The general duties and powers of customs officials are such as relate to the documenting of vessels of the island of Cuba in proof of nationality and ownership; the exclusion of foreign vessels from the coastwise trade, except those authorized by law; maintenance of the laws and treaties concerning commercial intercourse; the securing of the lawful revenue from importations of foreign merchandise; the suppression and prevention of smuggling and other frauds on the customs revenue, and the collection and deposit of duties, fees, and penalties accruing under the customs and navigation laws; the disbursement of public moneys; the use and preservation of public property; the enforcement of the immigration laws, and the compilation of returns of the commerce, navigation, and immigration of the island of Cuba. ART. 7. General powers of search, seizure, and arrest under the revenue laws are hereby conferred upon the officers of the customs, including inspectors, occasional inspectors, officers of revenue cutters, authorized agents of the customs service, and other persons specially appointed for the purpose in writing by a collector of customs. In the exercise of these powers they are authorized to board vessels, to

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10 hail and stop the same, and to use force, if necessary, to compel compliance, and to search all such vessels and all persons, trunks, and packages found on board. These general powers are not confined to the districts to which the officers may be attached, but may be exercised in other districts. ART. 8. Customs officers must warn and advise all persons with whom they deal, in order to prevent such persons from committing innocently, or through ignorance, offenses against the revenue laws and regulations. ART. 9. Customs officers are authorized to board vessels bound for the island of Cuba, whether in port or within four leagues of the coast; to demand manifests or make search and examine any or all parts of the vessel; to seal and take account of any packages found separated from the residue of the cargo; but in the case of foreign vessels protected by treaty, notice of an intended search must be given to the proper foreign consul. ART. 10. They are authorized to stop, search, and examine any vehicle, beast, or person on which or whom they suspect there is merchandise unlawfully introduced into the island of Cuba. If such goods are found, they shall seize the vehicle, beast, or packages, and arrest the person or persons, and report the facts to the collector. They are authorized to enter upon or pass through the lands, enclosures, or buildings other than dwelling houses, of a.ny person, at all times, either day or night. ART. 11. When officers of the customs shall have cause to suspect a concealment of merchandise in any particular dwelling house or store, they will, upon application to the municipal judge or to a judge of first instance, or, in their absence, to t he mayor of the city or town or district, be entitled to a warrant to enter such house, store, or other place to search for smuggled goods. ART. 12. Customs officers are empowered to seize all letters or packages, packets or parcels containing letters which are being carried contrary to law on board any vessel or on any post route, and convey them to the nearest post-office, or detain them subject to the orders of the postal authorities. ART. 13. Principal customs officers are required to keep true, correct, and permanent records and accounts of their official transactions, to submit the same to the inspection of authorized officers at all times, and to turn over all records and official papers to their successors, or to other authorized officers. ART. 14. Customs officers receiving or having in possession public money or property are required to render such accounts and retuns thereof, and in such form as may be required by the Secretary of War or by the military governor.

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11 CHAPTER III. COLLECTORS OF CUSTOMS. ART. 15. At the head of each custom-house shall be a chief officer called the collector of customs, whose duties and powers are as follows: First. To carefully comply with. and to require all his subordinates to comply with whatever is prescribed in these regulations, in the customs laws, and in general or special orders from superior authority relating to the customs. Second. To decide all questions raised in the dispatch of merchandise and in the transaction of daily business in the custom-house. The collectors of subports shall refer all questions in regard to which they are themselves in doubt to the collector of the chief port for his decision. Third. Collectors of customs shall prescribe the interior regulations for their respective custom-houses, which shall be in accord with these general regulations and shall be approved by the collector of customs for Cuba. Fourth. They shall see that all duties, taxes, and imposts connected with the customs revenue are collected within the prescribed times; that the cashiers and employes intrusted with the receipt of customs dues make their deposits punctually and correctly in the public treasury, and that the register of collections is proven correct by compariison, within the prescribed times, with the books of the cashier and of the bookkeeper, and certifying or directing the certification of the balances after due examination. Fifth. They shall forward all reports required of them by superior authority, and shall transmit to higher authority all proper documents submitted to them for that purpose, with an endorsement of their views thereon. Sixth. Subject to approval by higher authority, they shall appoint the employes of the respective customs-house, with power to discharge for the good of the service. Seventh. Collectors of customs in Cuba are hereby directed to perform the duties formerly belonging to United States consuls or consular officers in such territory, so far as concerns seamen, vessels, clearances, etc. Official fees or dues collected by United States consuls under similar circumstances shall be collected by such collectors of customs, and all moneys collected under the provisions of this order shall be deposited and accounted for as prescribed for customs collections. In order to comply with the provisions of section 2844, United States Revised Statutes, the certification of invoices of goods shipped to the United States from Cuba shall be executed by a consul of a friendly nation or by two resident merchants of good reputation.

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12 ART. 16. Collectors of customs shall see that the moneys collected by them are safeguarded while in their possession. ART. 17. In the determination of the classification of merchandise and of rates and amounts of duty on all imported merchandise, the decision of the collector of customs at the chief port of Habana shall be final and conclusive, except in cases where he may find it expedient to ask for special instructions from the War Department on the points involved, and except in cases of decisions on classifications or valuations adverse to the importer, when an appeal may be taken as provided in Chapter .XV of these regulations. ART. 18. The collector is the chief officer of his customs district. Every vessel on arrival from a foreign port becomes subject to his authority until her cargo has been discharged on permits issued by him. He holds possession of all imported merchandise upon which duties have not been paid or secured to be paid, disposing of the same according to law. Merchandise must be entered in his office and duties paid to hint only, or the official authorized by him to receive them. ART. 19. Collectors are not personally liable for the losses occasioned by their official acts, nor for the laches of their subordinates. ART. 20. At every custom-house whose organization requires it there shall be a special deputy collector, in whom the powers and duties vested by law in collectors are also by law as fully vested. In the event of the death, disability, or absence of a collector, the special deputy is authorized and required to perform the duties of collector. ART. 21. Each collector, with the approval of the Chief of the Customs Service, may appoint such deputy collectors as may be necessary, and they shall be authorized to sign such documents in connection with their departments as may be designated to them by the collector. THE SURVEYOR. ART. 22. The surveyor is the out-door executive officer of the port, and supervises the force of inspectors. weighers, measurers, gaugers, and laborers. He takes charge of all vessels arriving from foreign ports, and reports their name and character to the collector. He supervises the discharge of their cargoes and the lading of merchandise exported or transported in bond. le has charge of the admeasurement of vessels for registry and for the adjustment of the tonnage tax. In the admeasurement of vessels he shall be guided by-the rules prescribed in the United States Customs Regulations. ART. 23. At ports having a collector and a surveyor the surveyor is required, under the direction of the collector1. To superintend and direct all inspectors, weighers, and measurers within his port. 2. To report once in every week to the collector the name or names

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13 of all inspectors, weighers, or measurers who are absent from or neglect to do their duty. 3. To visit or inspect the vessels which arrive in his port and make a return every morning to the collector of all vessels which have arrived from foreign ports during the preceding day, specifying the names and denominations of the vessels, the masters' names, from whence arrived, whether laden or in ballast, and to what nation belonging. 4. To put on board of each of said vessels, immediately after their arrival in port, one or more inspectors. 5. To examine whether the goods imported in any vessel and the deliveries thereof correspond, according to the inspectors' returns, with the permits for landing the same, and if any error or disagreement appears, to report the same to the collector. 6. To superintend the lading of all goods for exportation and examine and report whether the kind, quantity, and quality of the goods so laden on board any vessel for exportation correspond with the entries and permits granted therefor. 7. To examine and from time to time, particularly on the first Monday of January and July in each year, try the weights, measures, and other instruments used in ascertaining the duties on imports, with standards to be provided by the collector for that purpose; and where disagreements with the standards are discovered to report the same to the collector, and to comply with such directions as he may receive for correcting the same. S. To preserve with care all orders received from superior authority. CUSTOMS INSPECTORS. ART. 24. At ports where a surveyor is appointed, inspectors shall be assigned to duty by him, subject to the orders of the collector; otherwise they shall be assigned by the collector. At ports where inspectors are required to wear uniforms, they must always be worn when on regular duty. When inspectors are ordered on special service they must wear a badge of office conspicuously displayed, unless otherwise authorized or directed. All inspectors shall ascertain whether sailing vessels coming within their official cognizance are provided with the signal lights prescribed by law, and shall report all cases of nonobservance of the law, in order that the legal penalties may be enforced. Inspectors are required to send at once to the public stores all goods seized by them for violation of law, taking the storekeepers' receipts for such goods and sending such receipts, with full reports of the case, to the surveyor. They shall not perform any private or unofficial duties or services on board the vessels to which they may be assigned, under penalty of dismissal from the service.

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14 DISTRICT INSPECTORS. ART. 25. District inspectors must be in their respective districts during such hours as the surveyor may direct, and where two inspectors are assigned to the same district one or the other of them must be constantly on duty during the prescribed hours. They have general supervision of all vessels coming into their districts and shall report all discovered violations of the revenue or navigation laws and regulations to the surveyor. They are to make examinations as often as necessary of vessels coming into their districts and to ascertain whether Cuban vessels are properly documented and have duly compiled with all laws relating to navigation. They shall secure and seal the hatches and openings of all vessels from foreign ports coming within their districts and retain the custody of the same until relieved by discharging inspectors. If no assignment of an inspector be made especially to such vessels, the district inspector shall take charge of the lading thereof without further notice. In the ease of vessels permitted to proceed to another district before completely discharging, the inspector in charge of the first district shall submit to the surveyor a statement of the portion of the cargo already discharged, for delivery to the district inspectors, under whose supervision the remainder of the cargo is to be discharged. The inspector in charge of the final delivery shall make the final returns of discharge. They shall report daily to the surveyor the names of all importing vessels which arrived in their districts during the previous day, distinguishing between those not discharged, those partly discharged in their districts, and those wholly discharged. They shall each keep a permanent record book in which to enter, with necessary particulars, all entries, orders, and permits received by them, and another book to enter an account of all coasting vessels examined, both books to be in the prescribed form. ART. 26. They are to supervise the shipment of goods for exportation or transportation in bond in their respective districts. ART. 27. When the lading of the merchandise on board the vessel or other conveyance is completed, the district officer under whose supervision the lading is done shall endorse upon the original entry the proper certificate of the shipment. When merchandise for export or transportation has been ordered to be weighed or gauged, the name of the weigher or gauger by whom the same was done shall be given underneath the certificates. If a manifest is required to be delivered to the master of the vessel or to the conductor of a railroad car, such manifest must be certified by the district inspector and delivered as directed. ART. 28. Whenever any portion of the merchandise described in the export or transportation entry is not shipped in accordance with the orders and directions upon the entry, the district inspector, in

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15 making his certificate of shipment, shall state that the merchandise was shipped in part," and the number of packages or quantity of merchandise not shipped must be specified underneath the certificates, and the reason, if known, why the merchandise was not shipped, and what disposition was made thereof, must also be stated. ART. 29. Such unshipped merchandise must be sent to the nearest. general-order store, with a ticket or receipt, describing the merchandise, and stating upon it that the merchandise is "for export-or transportation, as the case may be-but not shipped," which ticket or receipt shall be signed by the storekeeper. ART. 30: When the export or transportation entries are returned to, the surveyor's office, the ticket or receipt for goods not shipped and sent to the general-order store shall be attached to the original entry. Officers who certify shipments of goods without due inspection and supervision of the shipments will be subject to the penalties prescribed in Article 221. BOARDING INSPECTORS. ART. 31. It is the duty of boarding inspectors to board vessels arriving from foreign ports, and, after ascertaining the name of the vessel and master, and port of departure in each case, to examine the documents relating to the vessel and crew, and certify the manifest of cargo, verifying the same by actual examination, and when necessary to seal or otherwise secure the hatches and openings until the necessary permits for unlading can be granted and a discharging officer assigned to the vessel. COAST INSPECTORS. ART. 32. Coast inspectors are appointed to protect the interests of the revenue with respect to all goods, wares, and merchandise which may be landed or in any way come to the land from a vessel from a. foreign port wrecked or stranded upon the coast. On learning that a vessel has been wrecked or stranded, the coast. inspector or other customs officer nearest the place where the casualty has occurred shall at once proceed to or as near the location of the stranded or wrecked vessel as is possible and, as soon as he ascertains. the situation of the vessel, make report, in writing, of all the facts and circumstances in relation thereto to the surveyor. In case the vessel is likely to break up, or if the condition of the vessel is such that its cargo can be landed or discharged therefrom, he shall remain at or near the wreck and take possession and keep charge of all goods and merchandise which may come or be brought to land. ART. 33. In case the cargo of the vessel wrecked or stranded is delivered into lighters or other vessels for conveyance into port, the coast inspector shall keep an account thereof, and before any lighter or vessel having on board any of the cargo is allowed to depart shall.

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16 make out two lighter manifests, in the form prescribed, to be signed by the master, and stating, as particularly as possible, what cargo has been taken on board thereof. One copy of such lighter bill shall be retained by the master and be by him delivered at the custom-house on the arrival of the lighter or vessel in port; the other copy shall be transmitted by the coast inspector to the surveyor. Whenever necessary the surveyor shall send an inspector of customs to any wrecked or stranded vessel. ART. 34. Masters of light-house tenders are hereby invested with police powers of search, seizure, and arrest, for smuggling and other crimes pertaining to Government property. NIGHT INSPECTORS. ART. 35. Night inspectors are appointed for the purpose of preventing smuggling. They are required to keep a vigilant watch over the vessels, stores, or merchandise whose custody is committed to them, in order to prevent the landing, between sunset and sunrise, of any merchandise from any vessel unless the same is done by proper authority and under the supervision of a discharging inspector, and to protect the bonded stores and merchandise from robbery, or the unlawful removal of merchandise therefrom or from any wharf or place on which the same may be deposited. Whenever cargo is being discharged from any vessel at night under the supervision of an inspector the night inspector assigned to such vessel shall not interfere with such landing so long as the inspector is present in charge thereof, but night inspectors are authorized to demand to see, and the inspector is required to exhibit, the night permit for the working of the vessel. If merchandise is landed from the vessel when no inspector is present the night inspector shall stop the landing and report the fact the next day to the surveyor or other proper officer. ART. 36. Night inspectors are required to stop any person or persons who may leave the vessel, store, or warehouse in their custody, and if they have reasonable cause to suspect that such person or persons are attempting to smuggle any merchandise they shall examine such person or persons, and any package of any kind in his or their possession. Searches of suspected persons should, if possible, be made in the presence of another officer or a citizen. They are directed to question any person who may attempt to go on board the vessel to which they are assigned in the night, and to satisfy themselves of his right to go on board. They are required to keep a strict watch upon any small boat which may come near any wharf or vessel under their charge, and to take all necessary precautions to prevent smuggling by such boats. They are required to arrest any person or persons in the act of smuggling foreign merchandise, and to call for the assistance of the police or of citizens to aid them in so doing, and to seize,

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17 take possession of, and secure any merchandise which has been smuggled or landed illegally from any vessel during the night. ART. 37. The chief inspector in charge of the night force shall assign the force to duty and make daily report of such assignments, together with any negligence, absence, or misconduct. He shall see that the night inspectors perform the duties assigned to them, that all seizures and arrests are promptly reported, and that the orders of the surveyor are obeyed. DISCHARGING INSPECTORS. ART. 38. Discharging inspectors are assigned to vessels for the purpose of examining the cargoes and superintending the unlading and storing or delivery thereof, so as to prevent loss to the revenue of the island of Cuba through failure to secure any lawful duties. They shall send to the nearest post-office all letters, packages, and bags containing mail matter, take an account thereof, superintend the delivery to the postmaster, and obtain a receipt therefor. They shall obtain from the masters of vessels lists of articles reported by them at the custom-house as sea stores, compare the articles of the list, seal or secure all unbroken packages of dutiable goods claimed as stores, and report the same, with any excess of stores, to the collector or the surveyor. ART. 39. Specie and valuables, usually in charge of the pursers of steamships, must be taken possession of by discharging inspectors as soon as possible after they first go on board the vessels. The special place or room where such specie and valuables are deposited, and the safe or the packages containing the same must be locked with custom-house locks, or otherwise secured, until delivered on a permit from the proper customs officers. ART. 40. Samples of the cargo in bulk of the vessel shall, as soon as practicable, be sent by discharging inspectors to the appraiser's store. ART. 41. They shall report to the collector any perishable or explosive articles among the cargoes to be discharged. They shall endeavor to save to the owners of goods intended for immediate export or transportation the cost of sending their goods to warehouses by retaining them on the vessel or wharf until the owners can obtain adelivery permit, provided that such retention does not delay the unlading of other goods and is not protracted beyond the period named in the general order. ART. 42. They shall seize all goods imported or removed in violation of law, and shall not permit any goods to be removed from the landing places thereof until they have been properly weighed, gauged, or measured, and shall require persons charged with the unlading of goods to properly separate, assort, and arrange the goods on the wharves for the convenience of customs weighers, gaugers, measurers, and markers. 23076-01-2

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18 ART. 43. Discharging inspectors are empowered to require cartmen or lightermen engaged in the transportation of dutiable goods from vessels to warehouses or public stores to produce their license or authority to carry such goods, and shall report to the surveyor any disobedience of customs orders or regulations. ART. 44. Discharging inspectors shall send, with each load of goods ordered to warehouse or public store, an unsigned receipt, describing the marks, numbers, and supposed contents of the packages, and require the same to be returned with the signature of the officer in charge of the warehouse or store thereupon before again employing the drayman or lightermen to whom the receipt was entrusted. Should any alteration of quantity appear on the receipt when returned, inspectors shall go personally and verify its correctness. ART. 45. They shall not allow ballast, cargo, or coal to be taken on board their vessels while discharging, except on a lading permit; and where such permits are granted, inspectors shall report whenever the execution of the same is attended with danger to the revenue. ART. 46. They shall not unlade or deliver goods direct from a foreign port before the hour of sunrise or after the hour of sunset, except upon a special permit issued to the vessel whose discharge by night is desired. ART. 47. Whenever the discharge of a vessel under the revenue laws extends beyond the hour of sunset, the additional pay of the discharging officers is to be borne by the persons accommodated by the extension of the hours of discharge as fixed by the collector of customs for Cuba. ART. 48. Discharging inspectors shall not leave their vessels for any cause without the consent of the surveyor, nor go below deck, nor leave at night without closing the hatches and locking or sealing them, so as to prevent the landing of cargo during their absence, nor until relieved by the night inspectors, when they shall call the attention of the latter to goods remaining on the wharves. When two or more inspectors are assigned to a vessel, they shall remain on board as long as their services are required, and shall not leave the vessel for any purpose, nor go below deck for meals, unless one of their number be left in charge. ART. 49. They shall cancel and remove all customs seals before delivering goods not destined for further transportation under security of such seals, and shall report all cases in which customs seals appear to have been improperly manipulated. ART. 50. It is incumbent upon discharging inspectors to checkout the cargo-identifying it by marks and numbers-and to enter in a book, to be known as a discharging book, a record of all permits or orders for the delivery of goods, showing the names of the persons in whose behalf the permits or orders are granted; the entry or bond number as indicated by the permit; the particulars specified in the

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19 permits or orders; the marks, numbers, and descriptions of the packages ordered to be and actually unladen; to what public stores, warehouses, or other places the respective lots of goods have been sent. The discharge book of each cargo is to be duly signed and delivered to the surveyor, as required in the following paragraph. ART. 51. As soon as practicable they shall submit to the surveyor their discharging book, accompanied by the permits and orders of discharge, and all other vouchers relating to the disposition of the ,argo and a return thereof. They shall first enter therein the baggage permit, if there is one, and shall enter separately: First, all free per mits; second, all consumption permits; third, all warehouse permits; fourth, all permits for the delivery of I. T." goods to the surveyor; fifth, all permits for delivery to the surveyor of merchandise for transport or export, designating in the corresponding column such packages as were landed, sent to the warehouse, or delivered to the surveyor. On the return of merchandise disposed of on consumption permits the entry number must in each instance be stated, and for merchandise delivered in bond,.whether for warehouse, exportation, or transportation, the bond number must be stated on the return. In the marginal column must be noted all packages "not agreeing with permit" or "not found on board," and opposite to the entry of each warehouse permit the designated warehouse to which the merchandise was sent; or, if delivered to surveyor, the place of ultimate destination. Special care must be taken to state the correct date of the landing of merchandise from the vessel, and if it was landed on more than one day the first and last day on which each lot was landed must be stated. After the permits above mentioned are entered, the inspector shall enter, under the proper designation, all packages, by marks and numbers, which have been sent either to appraiser's store, sample office, general order store, or elsewhere by special order, and all passengers' baggage sent to public store. For all packages a proper receipt will be required, to correspond with the return. After accounting for the cargo he must enter at the end of his return a list of all the sea stores and of all the coal remaining in the vessel. Such returns shall be signed by the inspectors, respectively, under whose superintendence the deliveries have been made. The names of weighers, gaugers, or measurers who have performed any duty in connection with the cargo shall also be stated. ART. 52. Discharging inspectors shall make report of goods remaining on board their vessels after the expiration of the authorized time for discharge, in order that collectors may take possession of such goods as unclaimed. Before reporting their vessel as fully discharged they shall make careful personal examination of all parts of such vessel.

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20 WEIGHERS. ART. 53. Weighers shall be assigned to duty by surveyors. At ports where there is but one weigher the assistant weighers shall be assigned to duty by him. He shall be held responsible for the correct and efficient discharge of their duties, and shall report to the surveyor any misconduct or neglect of duty on the part of any customs officer or other employee. Weighers are required to be at the places to which they are, assigned whenever weighable goods are being handled from vessels discharging cargo from foreign port. They are required to inspect and take copies of all permits in the hands of the discharging inspectors of vessels whenever the collectors have, by designating articles named in the permits, directed the said articles to be weighed; and weighers are required to have and exercise a personal supervision of the weighing of such merchandise. They must not absent themselves from their office or district during the hours of business unless by permission, nor shall they allow any other than an assistant weigher to take weights or handle the beam. ART. 54. Each weigher is required to have his weighing implements tested and compared with the official standard at least twice a year, on or as soon after the first day of January and July as possible; and to have the same tested as often as may be necessary to keep the same in conformity with the official standard. ART. 55. Weighers will be furnished by surveyors with proper blank dock books, in which they shall daily make a true and correct entry of goods weighed, specifying the date the weighing was performed. These books must be so kept that they will contain all the specifications necessary to a perfect account of the merchandise weighed. The weigher should first copy the permit or order in the book, and then proceed, in all cases where the merchandise is required to be weighed by numbers, to enter the number and weight of each separate package weighed by him. The weigher must add the weights stated in each column of his book, and give the gross weight and the net weight of each lot as returned by him, and at the end of all the entries the total gross weights must be recapitulated. The book must be indorsed on the outside with the name of the vessel, the date the return was filed in the surveyor's office, and the weigher's signature. Whenever required by the collector for the purposes of liquidation the dock book shall be delivered to him for inspection and verification. ART. 56. In order to facilitate the prompt liquidation of duties weighers are required to make a special return of the weight of the articles embraced in each permit or order as soon as the same shall have been ascertained. Weighers shall file their completed books of weights, within six days after the vessel has been discharged, in the

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21 surveyor's office as public records. A separate book shall be kept for the cargo of each vessel. ART. 57. Before weighing any merchandise the weigher must see that the beam is accurately balanced. As correctness of weights depends very much upon the accuracy of the poise, the beam should always be kept clean and be frequently tested with the standard. A fairly even beam indicates the weight, but as in weighing merchandise it seldom happens that the beam will stand at an exact poise, but will go either above or below an even beam, the weight shall be taken on the rising beam. Weighers are required to mark the weight on each single package weighed. ART. 58. When a return has been once made by a weigher it must not be amended or changed except by permission of the surveyor. The amended return must state why the amendment is made, and be checked or signed by the weigher before it is presented to the surveyor for his approval. The original figures shall be canceled by cross marks and the amendment added, so as to show both records. When an amendment to a return is allowed, the weigher must correct his dock book in accordance with the amended return. ART. 59. From every invoice of railroad iron or steel rails a sufficient number of bars of equal length shall be weighed in order to ascertain the average weight thereof, the whole number of bars to be counted, and returns of the weight of such iron must be made as of other weighable merchandise; but if the weight, as shown by the return of the weigher, does not vary more than two per cent from that stated in the invoice, the entry shall be liquidated at the invoice weight. In case a greater variation from invoice weight is shown, the whole quantity embraced therein shall be weighed. ART. 60. Whenever a permit or order directs that goods be weighed and a special return be made therefor, the weigher shall weigh the goods designated and make a return separate and distinct from any other without delay. If the merchandise has been shipped before the order to weigh is received by the weigher, he shall indorse such fact on the back of the order and return it to the surveyor. Returns of the weighing of a cargo must be made to the collector within six days after the vessel has been discharged. Certificates or copies of weights shall be furnished by the surveyor at ports where there is such an officer; elsewhere by the collector. CHAPTER IV. BONDS OF CUSTOMS EMPLOYES. ART. 61. All employes of the customs service who are charged with the custody of funds or property, storekeepers, and such others as may be directed by the collector of customs for Cuba to be bonded,

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22 shall file a good and valid bond for the faithful performance of their duties. ART. 62. The bonds shall be in such form as may be directed by the collector of customs for Cuba, with a trust or guarantee company legally authorized to do business in the Island of Cuba as sole surety, or with at least two good and sufficient sureties to be approved by the collector of customs for Cuba. The amount of the bond shall be determined by the collector of customs for Cuba. ART. 63. Possession of office shall not be given to any official herein required to file a bond until the latter shall have been duly drawn up and accepted. Chief customs officers who violate the provisions of this regulation will be held responsible for the consequences of their action. CHAPTER V. CUSTOMS SURVEILLANCE. ART. 64. In order to secure the collection of the legal duties the custom-houses shall exercise surveillance over the coast, beginning with the moment when a vessel enters the jurisdictional waters of the island of Cuba and concluding when the merchandise imported therein has been legally passed through the custom-houses, except that in case of justifiable suspicion of fraud said merchandise may be followed in its transportation by coasting vessels, by railroad, or by any other means or in any other way by land or water, from one point of the island to another, in which case a new examination shall be made and proof required of the payment of the proper duties at the custom-house of arrival. The jurisdictional waters of Cuba extend to four leagues from the coasts of the island or from the keys belonging to it. ART. 65. On the arrival in port of any vessel no person except the pilots, customs and health officers, consuls, and agents of the vessel (with the consent of the customs) shall be allowed to come on board or to leave the vessel, without the permission of the customs officer in charge, until all the passengers and their baggage shall have been duly landed, or, if there are no passengers, until the vessel is completely moored or the. master's permission is obtained. It shall not be lawful for the master of any steamship or other vessel coming from a foreign port, not in distress, after the arrival of the vessel within any collection district of the Island of Cuba, to allow any person or persons, except a pilot, officer of the customs, or health officer, and agents of the vessel (with the consent of the customs), to come on board of the vessel or to leave the vessel until the

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23 vessel has been taken in charge by an officer of the customs, nor after charge so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel. For a violation of this rule, or for permitting or neglecting to prevent a violation thereof, the master of the vessel shall be liable to a fine not exceeding one hundred dollars. It shall not be lawful for any person, with or without the consent of the master, except a pilot, officer of the customs, health officer, or agent of the vessel, to go on board of a vessel not in distress arriving at any seaport of the Island of Cuba until the vessel has been taken in charge by an officer of customs, nor, after charge is taken, without leave of such officer until all the passengers, with their baggage, have been duly landed from the vessel. It shall not be lawful for any person in charge of a tugboat, rowboat, or other vessel to come alongside and.put any person, except as authorized by these regulations, on board any incoming vessel heretofore described. ART. 66. Customs surveillance shall be exercised: First. In the jurisdictional waters by the revenue cutters. Second. In the custom-houses in the ports of arrival and in each customs district by all the interior employes of the custom-house and by the corps of inspectors, which includes all customs inspectors of whatever class. CHAPTER VI. IMPORTATION BY SEA. SECTION FIRST. General provisions. ART. 67. No merchandise of any kind whatsoever can be legally introduced into the island of Cuba without passing through the custom-house duly established for this purpose, all such merchandise requiring to be presented at the custom-house for examination and payment of customs duties, if to such it is liable. Employes charged with the duty of collecting the customs revenue shall be under no restriction in assuring themselves of the correctness of all operations performed for this purpose. Customs employes shall have the right to proceed, not only to open all packages and concealed spaces, but. also to destroy false bottoms, or partitions, or bulkheads, eto., which prevent them from assuring themselves that the hidden empty spaces contain no dutiable object, nor shall such proceeding give any right to a claim for damages which may have been thus caused to merchandise or vessel.

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24 All expense incurred by the customs for the carriage, storage, and other necessary operations in connection with the merchandise shall be charged against the merchandise. ART. 68. Importation by sea begins with the moment the importing vessel enters the jurisdictional waters of Cuba with intention to unlade at any port therein, and is not completed until the duties due upon the merchandise have been paid or secured to be paid, or, in case said merchandise is free of duty, until it has legally left the jurisdiction of the customs. Supplies for United States Army, Navy, and Mlarine-Hospital Service. ART. 69. All supplies and materials belonging to the United States imported into Cuba for the use of the Army, Navy, and Marine Corps, and Marine-Hospital Service of the United States, shall, under suitable restrictions to be prescribed by the military governor, be admitted free of duty. Supplies of post exchanges, being limited to articles which are allowed by the War Department to be sold by post exchanges, shall be admitted free of duty upon filing with the entry a sworn declaration, on the form prescribed, by the officer in charge of the exchange. This privilege shall not be held to include any importation of malt, vinous, or alcoholic liquors, and shall be granted only to those exchanges which are managed by commissioned officers of the garrisons. ART. 70. All articles and supplies purchased by any department of the Government, or any municipality, or any official or person, out of funds allotted from the insular revenues shall be subject to duty. ART. 71. All oleomargarine imported into the island of Cuba shall have branded in the most conspicuous place possible upon every tub, firkin, or other package containing such article the word Oleomargarine in plain Roman letters not less than one-half inch square, and shall be continuously kept in, and sold from, the package so marked. 2. For the purpose of this article certain manufactured substances, certain extracts, and certain mixtures and compounds, including such mixtures and compounds with butter, shall be known and designated as "oleomargarine," namely: All substances heretofore known as oleomargarine, oleo, oleomargarine oil, butterine, lardine, suine, and neutral; all mixtures and compounds of oleomargarine, oleo, oleomargarine oil, butterine, lardine, suine, and neutral; alllard extracts and tallow extracts, and all mixtures and compounds of tallow, beef fat, suet, lard, lard oil, vegetable oil, annatto, and other coloring matter, intestinal fat, and offal fat made in imitation or semblance of butter, or when so made calculated or intended to be sold as butter or for butter. 3. Collectors of customs shall, in addition to their other duties inspect all importations of oleomargarine.

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25 Any person, firm, or corporation attempting to import oleomargarine into the island of Cuba, and failing to comply with the provisions of this order, shall forfeit the merchandise sought to be fraudulently imported, and the same shall be seized and sold by the collector of customs in the form and manner prescribed for the sale of seized and confiscated goods. The proceeds of such sale or sales shall be deposited with the treasurer of the island of Cuba. 4. In addition to the penalty provided by paragraph 3 of this article, any person, firm, or corporation failing to comply with the provisions of this article shall be liable to the fines and penalties prescribed in Circular No. 31, Division of Customs and Insular Affairs, dated August 24, 1899, the same as if such frauds were against the customs revenues of Cuba. ART. 72. In the dispatch of passengers, baggage, or other effects, duties not exceeding one dollar on any one consignment may be remitted by the collector of customs. ART. 73. Articles of easy identification desired to be exported from the island of Cuba for the purpose of being repaired may be, upon application to the collector of customs, identified at the oustom-house through which exported, and may be subsequently reimported free-of duty on reidentification, under the proper restrictions to be prescribed by the collector of customs for Cuba. Such articles are dutiable, however, to the extent of any repairs that may have been made thereon, at the rate of 20 per cent ad valorem. When appraisals are being made, either on the wharves or in the appraisers' warehouses, all persons other than designated employes of the custom-house shall be excluded therefrom, except as permission may be granted therefor by the collector of customs. SECTION SECOND. Masters of vessels and their manifests. ART. 74. Every vessel shall on arrival be placed under customs control until duly discharged. Passengers with no dutiable property in their possession may be permitted to land without detention. ART. 75. Within twenty-four hours after the arrival of any vessel the master must, under the penalty hereinafter prescribed in case of failure, produce to the proper officer a manifest of her cargo, including every parcel or package carried by the vessel, which manifest must be certified by the oath of the master. The master of every foreign vessel is required, at the time of entry, to produce to the collector the register, or other document in lieu thereof, together with the clearance and other papers granted by the officers of the customs to his vessel at the port of departure for Cuba, and, within forty-eight hours after entry, to deposit the same with

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26 the consul or vice-consul of the nation to which the vessel belongs, if any there be (otherwise with the collector of customs at the port), until the master shall have paid such tonnage taxes and other port charges as may be due under these regulations, and to deliver to the collector the certificate of said .consul or vice-consul that the papers have been so deposited. For failure to comply with this regulation, the master of the vessel so offending is subject to a fine of not less than $500 nor more than $2,000. This regulation does not apply to vessels of foreign nations in whose ports consuls of the United States are not permitted to have the custody of the papers of vessels of the United States. The papers thus lodged with the consul shall not be returned to the master of the vessel until the production by him to the consul of a clearance from the collector of the port where the vessel has been entered, and any consul offending against this regulation is subject to a fine of not less than $500 nor more than $5,000. ART. 76. If any merchandise be found on board any vessel which is not included in her manifest, produced as required by these regulations, the master shall forfeit an amount equal to the value of the merchandise not manifested, and all such merchandise belonging to or consigned to the officers or crew of the vessel shall be forfeited. These forfeitures shall not be incurred, however, if it shall be made to appear to the principal customs officer of the port that the errors and omissions in the manifest were made without intention of fraud or collusion. In such case the master may be allowed to correct his manifest by means of a post entry. Should any package or article named on the manifest be missing on the arrival of the vessel, or if the merchandise on board does not otherwise agree with the manifest delivered by the master, except as above prescribed, the master shall be liable to a penalty (see Art. 222) not to exceed $500; but if it is made to appear to the satisfaction of the principal customs officer of the port that no part whatever of the merchandise of such vessel has been unshipped, landed, or unladen since it was taken on board, except as specified in the manifest and pursuant to promise, or that the disagreement is by accident or mistake, in such case the penalty shall not be inflicted. ART. 77. The manifest shall serve as the basis of all subsequent operations, and shall set forth the following: 1. The character and name of the vessel, nationality, gross tonnage, register and crew, name of captain, name of the consignee of the vessel, and the port or ports from which the vessel comes. 2. The port or ports for which the cargo is intended. 3. The number of packages, marks, numbers, and gross weight of all packages carried on board, the character of the merchandise, and the names of the senders and of the consignees, or, if the goods are

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27 consigned to order, a notation of that fact; all the foregoing data to be entered separately for each port. The number and weight of the packages shall be expressed in letters and figures. The mere expression "merchandise," or any other expression of similar vagueness, shall not be admitted. 4. Cargoes in bulk shall be entered in the manifests by numbers, weight, or measure, according as the merchandise composing the cargo is dutiable by number, weight, or measure, except that the weight be expressed in all cases whether the merchandise be dutiable by it or not. 5. The manifest may be drawn up in the language of the nation to which the vessel belongs, but the master must deliver to the collector two copies in Spanish within twenty-four hours after the delivery of the original manifest. 6. When a vessel touches at several ports the captain may, at his option, prepare and certify, as provided in article 75, a manifest of the entire cargo in the last port, or the one from which he begins his voyage to the island of Cuba, or he may bring separate manifests for each port from which he brings cargo. In the latter case, he shall add to the manifest which he certifies, and to the one for the port immediately preceding, a note connecting the two documents together so that none of the manifests can fail to be presented. 7. All interlineations, additions, or corrections not certified by the captains are null and void. 8. If owners, shippers, or consignees note any error in the master's certified manifest, they shall report it to the collector of customs at the port for which the vessel sails, which collector shall or shall not permit, according to the circumstances of the case, a correction, the master having the right of appeal to the collector of customs for Cuba. 9. Captains entering ports due to stress of weather are not required to present the certified manifest, but will prepare and present a copy of it, as prescribed in article 78. ART. 78. If a vessel destined to the foreign trade enters some other than the port of its destination, by stress of weather, pursuit, or duress by-enemies or other necessity duly established, a period of three days shall be conceded to the captain in order that he may draw up, sign, and present his manifest, with the details required by article 77. If a vessel destined to the island of Cuba enters, by stress of weather, pursuit, or duress by enemies or other necessity, in a port other than its destination, the manifest shall be returned to the captain upon his departure, certified by the collector of customs, who will retain an exact copy of the same, signed by the captain or his consignee, and who shall send another copy to the collector of the port of destination. When the stress of weather, pursuit, or duress of enemies or other necessity occurs in some cove, anchoring place, or harbor on the coast, the captain or master shall present his original manifest and two

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28 copies to the customs inspector there, if any, or to the local authority in the contrary case, and who, after returning the original to the captain upon his departure, shall send one copy to the collector of customs at the port to which the vessel is destined and the other to the collector of customs for Cuba. ART 79. The master of every vessel bound to a port of Cuba must, on arrival within four leagues of the coast or within the limits of any collection district in which the cargo or any part thereof is intended to be unladen, produce the manifest for inspection to any officer of the customs who may first come on board the vessel, and deliver to him a copy thereof subscribed by him. The officer, after the requisite examination and comparison of the original and copy, shall certify on the original to its production, and on the copy to the fact of its agreement with the original, and shall forthwith transmit such copy or copies to the collector of the district to which the merchandise may be consigned. ART. 80. Upon arriving at a port and delivering the manifest, the captain shall present a note in which shall be specified the provisions and supplies which he has on board. He shall also present another note of the total number of passengers which he brings, and their baggage and effects, separating them according to the ports of their destination. He shall enter the port with all promptness consistent with the condition of the weather, and the vessel shall stop and cast anchor or take moorings in the position indicated therefor, from which place it shall not be moved without previous permission of the authorities of the port and of the collector of customs. ART. 81. The Marine-Hospital Service, in accordance with its regulations, shall inspect the vessel and declare whether or not it shall be admitted to "free pratique." If the vessel is admitted to "free pratique," the surveyor shall request the manifest, stamping upon it the time at which it is delivered to him and the ladings which it contains. Afterwards he shall examine the log book, making note of whether it is kept in proper condition and whether it is shown therein that the vessel touched in any other port without the same having been duly set down in the manifest. Upon leaving the vessel to deliver the manifest to the collector of customs, one or more inspectors shall be left on board. At the time of this visit captains shall report in writing whether they have suffered any accident at sea which has obliged them -to lighten any part of their cargo. ART. 82. Upon receipt by the collector the manifest shall be duly filed, after being stamped with the word admitted," together with the hour and date of such admission. ART. 83. The hour at which the manifest is admitted by the collector of customs shall be the basis for the computation of the periods

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29 which may be conceded for the different operations of the customhouse. ART. 84. Within the period of twenty-four hours next following the entry of a vessel, unless a legal holiday shall intervene, the captain shall present two copies of his own manifest translated into Spanish. If cargo is carried for more than one port he shall present at the first port, in addition to the copies above mentioned, one copy of the partial cargo destined to the same. One of the general copies authorized by the collector and containing the information as to whether the original has been certified or not shall be taken by the captain and presented at each one of the intermediate ports at which he may stop, for comparison with the partial ones, and shall serve as a base for all custom-house operations, being certified in each intermediate custom-house and filed in the last. After presenting the general manifest, with its copies, in the port of first destination, the captain shall present two partial copies of the cargo consigned to each port at each one of the intermediate customhouses. ART. 85. If the Marine-Hospital Service upon inspection shall order that the vessel remain under observation, a custom-house inspector shall be placed on board or in a launch at a distance to be indicated by the Marine-Hospital Service, in order to exercise proper vigilance over the vessel. The manifest will be delivered without loss of time to the surveyor of the port with the intervention of the Marine-Hospital Service, and the obligation of presenting the copies shall be counted from the time at which the vessel may be admitted to free pratique." ART. 86, Every captain of a vessel entering a port, upon delivering the note of the ship's stores, as provided for in article 80, shall declare, under oath, that said stores are destined exclusively for the use of the vessel and are not intended to be sold nor transferred nor for private use. But if, in the judgment of the collector of customs, the amount of said stores appear excessive, the corresponding duties shall be paid upon said excess. ART. 87. The manifest shall state the consignees or owners of the merchandise included therein. When a bill of lading has been made to order, that fact shall be so expressed in the manifest, and the person presenting himself with said bill of lading, in accordance with the last indorsement thereon, shall be held to be the consignee. Merchandise consigned to order which is not duly entered within three days after the admission of the manifest shall be sent by the collector to general order stores. ART. 88. The residence of the captain or master of a vessel entered in the harbor is the residence or office of the consignee of the vessel.

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30 If there be no consignee it will be the residence or office of the consul or vice-consul of the nation to which the vessel belongs, and, in the absence of both of these, it will be the vessel which he commands. Citations or notifications which are left aboard of his vessel, or with any person belonging to the office of the consignee, or of the consulate, shall have the same legal force as if they had been made to the captain in person. ART. 89. The collector of customs shall order to be placed in the custom-house, in the most prominent spot, a bulletin board where there shall be exhibited to the public a note of the name of the captain of the vessel and of the port of original departure of all vessels which enter the port, and also of the hour at which their manifests were delivered. These notices shall be authorized with the signature of the collector of customs, and shall serve as a basis for computing the periods indicated by these regulations, and shall not be removed until all operations in connection therewith shall have been completed. ART. 90. The clearance of a vessel shall not be permitted for any other port until she shall have discharged all her cargo, or shall have properly accounted for the same. ART. 91. Before the departure of a vessel from any port the captain shall deliver to the proper official the manifest of the route of said vessel, specifying the marks, number of packages and description of their contents, together with the names of the shippers and consignees, and with a statement of the value of each separate consignment, as well as of the names of the passengers and their destinations. The dispatch of the vessel will then be permitted. No prohibited or contraband merchandise shall be exported. SECTION THIRD. Consignees. ART. 92. The consignee is the person to whom a vessel or its cargo is directed. There are, therefore, consignees of vessels and consignees of merchandise. ART: 93. The consignees, both of vessels and of merchandise, can make use of their clerks or custom-house agents for the customs operations. The clerk must present, before being permitted to dispatch, a written authorization from his principal or employer, who shall thereby become responsible for all acts of said clerk in the conduct of customhouse business. These authorizations shall be registered in a book, which shall be kept by the collector of customs, and shall have full legal force and effect until the principals request their cancellation or the substitution of the same by a written request to the collector of customs, or until they shall be annulled by the collector of customs himself for due cause.

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31 Customs agents may ask, in writing, of the collector of customs for authorization to act as such, and, upon being admitted as a customhouse agent, they shall give bond to the satisfaction of the collector of customs in the sum which he may order, and their names, bonds, and residence shall be registered in a book, which the collector of customs shall keep, and their authorization shall have full legal force and effect until, for due cause, they may be annulled by the collector of customs or until the interested parties cease to be such agents. ART. 94. The consignee of the vessel shall be considered to be the person whom the captain may designate as such in his manifest, and the consignee of merchandise to be the one indicated in the manifest, in accordance with the bills of lading, when these are made to some determined person; and shall be considered to be the last person in whose favor the said bills of lading are endorsed, in case the merchandise comes consigned to order. A banker holding a bill of lading as a guarantee for money advanced, may transfer it by endorsement to the actual importer. The agents of marine insurance companies shall be recognized as the consignees of merchandise abandoned to the companies, and the salvors of merchandise found in abandoned vessels upon the high seas shall be recognized as the consignees. The person designated may freely admit or renounce a consignment. The renunciations must be made within 24 hours after the admission of the manifest, and be officially directed to the collector of customs, otherwise the consignment will be understood to be admitted. CHAPTER VII. ENTRY OF MERCHANDISE. ART. 95. All imported merchandise must be entered at the customhouse of the port of arrival either for immediate consumption or in bond by the person holding a bill of lading which names him as the consignee, or a bill of lading endorsed to his order by the consignee named therein. A banker holding a bill of lading as security for advances of money may, transfer the same by endorsement to the actual importer. Underwriters will be recognized as consignees of merchandise abandoned to them, and salvors as consignees of merchandise found by them derelict at sea. A consignee holding a bill of lading drawn to his order or assigns may transfer the same to any person who can lawfully make the required declarations on entry, and the holder of a bill of lading drawn in blank "to order," and endorsed by the shipper or consignor, may make entry of the merchandise specified therein. Whenever from evidence furnished by the invoice or bill of lading, or as in the case of custom-house brokers and forwarders, by the known business of the parties making entry, the collector has reason

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32 to believe that the consignees named in the bill of lading are, in fact, intermediary agents for the delivery of the merchandise to the ultimate consignees or real owners, there shall be required upon the entry a statement of the names of such ultimate consignees, and bonds must be taken for the production of the declaration of the owner or real importer. And collectors shall, whenever they consider it expedient, require of such ultimate consignees, the bills of sale pertaining to the importation which they may have in their possession. Duties accrue upon imported merchandise upon arrival of the importing vessel within a port of entry with intent to unlade. ART. 96. Merchandise which comes consigned to different consignees in the manifest can not be united in a single entry, and it shall be necessary to note in the entry the paragraphs of the manifest which correspond to said merchandise, it being understood by paragraph of the manifest, the consecutive statement of packages and merchandise which the captain makes in his manifest for each consignee. The declarations shall be numbered consecutively by fiscal years, and there shall be noted in the manifests, opposite the respective paragraphs, the accuracy of the comparison made by the proper official of the custom-house between the manifest and the declaration. The entries shall be made upon an entire sheet of paper. If one is not sufficient, the necessary interior ones shall be added for the purpose, and all shall be duly authorized by the corresponding departments of the custom-house. They shall be made in duplicate, except in the case of entries for warehouse or immediate transportation, in which case they shall be in triplicate. ART. 97. In the entries mentioned in the preceding article, the consignees shall set forth the following information: 1. Name of the vessel and of its captain, class, and that of the nation to which it belongs. 2. The port or ports from whence cleared. 3. That of the person to whom the merchandise is consigned. 4. Number and paragraph of the manifest. 5. Number of packages, class, their marks, numbers, description, or statement as to whether they have marks or not. 6. Number and letter of the paragraph of the tariff under which each article is dutiable. 7. Number, class, quality, and quantity of the merchandise in the weights and measures of the tariff. The description of each artfcle shall be sufficient to base thereon the classification. 8. Gross and net weight of each article. 9. There should also be expressed the quality and weight of merchandises which pay different duties under the tariff. 10. The value of the merchandise in detail.

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33 11. The date and the signature of the interested party. The entry shall, before it can be accepted, be verifiedby the oath of the consignee or owner in the following form: DECLARATION AND OATH OF CONSIGNEE, IMPORTER, OR AGENT. I. .o solemnly and truly swear (or affirm) that the'invoice and bill of lading now presented by me to the collector of -are the true and only invoice and bill of lading by me received of all the goods, wares, and merchandise imported in the --, whereof is master, from --, for account of any person whomsoever for whom I am authorized to enter the same; that the said invoice and bill of lading are in the state in which they were actua ly received by me, and that I do not know nor believe in the existence of any other invoice or bill of lading of said goods, wares, and merchandise; that the entry now delivered to the collector contains the just and true account of the said goods, wares, and merchandise according to the said invoice and bill of lading; that nothing has been on my part, nor to my knowledge on the part of any other person, concealed or suppressed, whereby the island of Cuba may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise; and that if at any time hereafter I discover any error in. the said invoice or in the account now rendered of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of this district. And I do further solemnly and truly swear (or affirm) that to the best of my knowledge and belief (insert the name and residence of the owner or owners) is (or are) the owner (or owners) of the goods, wares, and merchandise mentioned in the annexed entry; that the invoice now produced by me exhibits the actual cost (if purchased) of' fair market value (if otherwise obtained), at the time or times and place or places when or where procured (as the case may be), of the said goods, wares, and merchandise. all the charges thereon, and no other or different discount, bounty, or drawback but such as has been actually allowed on the same. Personally appeared before me in the place and on the date aforementioned whom I know to be the person named, and who made and subscribed the aforegoing declaration. Sealed with my official seal and subscribed with my signature on the abovementioned date. Notary Public. DECLARATION AND OATH OF OWNER IN CASES WHERE MERCHANDISE HAS BEEN ACTUALLY PURCHASED. I, -, do solemnly and truly swear (or affirm) that the entry now delivered by me to the collector of contains a just and true account of all the goods, wares, and merchandise imported by or consigned to me in the --, whereof is master, from ; that the invoice which I now produce contains a just and faithful account of the actual cost of the said goods, wares, and merchandise, of all charges thereon, including the charges of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting on, and packing, and no other discount, drawback, or bounty but such as has been actu23076-01-3

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34 ally allowed on the same; that I do not know nor believe in the existence of any invoice or bill of lading other than those now produced by me, and that they are in the state in which I actually received them. And I do further solemnly and truly swear (or affirm) that I have not, in the said entry or invoice, concealed or suppressed anything whereby the island of Cuba may be defrauded of any part of the duty lawfully due on said goods, wares, and merchandise; and that if at any time hereafter I discover any error in the said invoice or in the account now produced of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of the district. Personally appeared before me in the place and on the date aforementioned the undersigned whom I know to be the person named, and who made and subscribed the aforegoing declaration. Sealed with my official seal on the above-mentioned date. Notary Public. Whenever it is demonstrated to the satisfaction of the collector of customs that the consignee, by reason of temporary absence or illness, can not personally make the entry of his merchandise, he can be represented by an agent, duly authorized by a power of attorney delivered to the collector of customs, and said agent can make the entry and perform the other necessary transactions in reference thereto. In case of an entry so made by an agent acting under a power of attorney, the consignee or principal, in common with the agent, shall be responsible for all acts connected with the entry and dispatch of the merchandise and whatever ones made in violation of the provisions of article 221. A false oath in connection with the entry of merchandise shall be subject to the pains and penalties prescribed by the law of the land for perjury. No entry shall be admitted in which there are amendments or erasures, nor shall any invoice be admitted except the original, signed one, of the manufacturer, producer, or seller of the merchandise. Invoices shall be made on firm and durable paper, in a legible manner, and on one side of the paper only, in indelible ink. They shall be made in duplicate, except in case of entries for warehouse or immediate transportation, when they shall be in triplicate. When the two copies of the declaration do not exactly correspond, the official of the custom-house in charge of the same shall advise the consignee in order that he may present a proper entry without extending the period prescribed by these regulations. ART. 98. Every entry presented to the custom-house shall be accompanied by the following: 1. The original bill of lading or bills of lading covering the merchandise declared, consigned, or duly indorsed to the importer. 2. The invoices, expressing in detail the merchandise declared, spe-

PAGE 36

35 cifying the number of packages, their marks, gross weight, dutiable weight, class, detailed contents, component Material, detailed price, and the total value, including a statement of the expenses incurred by the merchandise up to the time they were packed and ready for shipment to Cuba. 3. The consumption permit must correspond to the entry. ART. 99. All imported merchandise shall be invoiced in the currency of the place or country from which it is imported, and, if purchased, in the kind of money in which it was actually paid for. For the purpose of the assessment of duties, the kind of money expressed in the invoice shall be reduced to the currency of the United States at the rate of value of foreign money, as established by the Secretary of the Treasury of the United States, upon the first days of January, April, July, and October of every year. The date of the invoice will indicate the value of the money. When the standard value of a foreign coin has not been thus proclaimed, any invoice expressed in such coin must be accompanied by a consular certificate, showing its value in standard gold dollars of the United States. The gold coins provided for in the Customs Tariff for Ports in the Island of Cuba as being acceptable in the payment of duties shall be received at their value as stated in said tariff in unlimited sums. Silver dollars of the United States, other than trade dollars, and pesos (at the value fixed for the peso in the Customs Tariff for Ports in the Island of Cuba) are receivable for duties in unlimited sums. Fractional silver coins of the United States are receivable for duties in sums not exceeding ten dollars in any one payment, or Spanish fractional silver coins in sums not exceeding an equivalent amount according to the rates fixed in the Customs Tariff for Ports in the Island of Cuba. ART. 100. The values of imported merchandise subject to duty ad valorem, and duty imposed upon and regulated in any manner by the value thereof, shall be the actual market value or wholesale price of such merchandise, as bought and sold in usual wholesale quantities at the time of exportation to the island of Cuba, in the principal markets of the country from whence imported, and in the condition in which such merchandise is there bought or sold for exportation to the island of Cuba, or consigned to the island of Cuba for sale, including the value of all cartons, cases, crates, boxes, sacks, and coverings of any kind, and all other costs, charges, and expenses incident to placing the merchandise in condition packed and ready for shipment to the island of Cuba. ART. 101. Collectors shall make a preliminary examination of all import entries of merchandise, and when found inaccurate or incomplete, either in the description of articles or in omitting proper quantities or values, or for any error apparent on the face of the entry, shall require the correction thereof before the acceptance of the entry.

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36 ART. 102. Collectors shall consider the country in which the imported merchandise was invoiced as the country whence the same was imported, and shall direct that all entries of imported merchandise shall indicate both the country and place where the invoice. was dated, and the country and port whence the final shipment was made, together with the nationality and motive power of the vessel in which the same was brought. ART. 103. Every invoice must represent a distinct shipment to one consignee or firm of consignees by one vessel. If, by reason of accident or short shipment, a portion thereof should fail to arrive, an extract from the original invoice, certified by the collector, may be used for entering the remaining packages, but the consolidation of separate shipments on one invoice shall not be permitted. ART. 104. No* merchandise over $100 in value, except personal effects accompanying a passenger, shall be admitted to entry without the production of the invoice thereof, unless the importer shall make application under oath showing that it is impracticable to produce such invoice. This affidavit shall be accompanied by a statement of value or pro forma invoice, which shall be verified by declaration in the following form: APPLICATION TO ENTER GOODS WITHOUT INVOICE. To the Collector of Customs, Port of I, of the firm of do hereby make application on oath to enter without invoice imported by in the from The ground of this application is that no invoice of the goods above described has been received; that the causes of the nonreceipt of such invoices are, to the best of my knowledge, information, and belief, as follows: And the prices set forth in the statement hereto annexed show the actual cost or the foreign-market value of the merchandise embraced therein to the best of my knowledge, information, and belief. (Signed.) Sworn to before me this -day of The collector shall make careful examination of the facts and require the production of any available evidence to assist in the ascertainment of the value of the importation, and he will allow no entry of merchandise over $100 in value under this provision unless he shall' be satisfied that the failure to produce an invoice is due to causes beyond the control of the importer; and the latter shall be required to give bond for the production of an invoice. The penalty named for failure shall be double the amount of estimated duties or, if the merchandise be free of duty, the sum of $100. When the invoice is received it must be compared with the entry, and any duty remaining due must be

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37 collected. The provisions of the law regarding penalties for undervaluation are alike applicable to pro forma invoices, but no refund of duty'shall be made because an invoice exhibits a lower value than that shown by the pro forma invoice. ART. 105. All merchandise shall be so packed as to facilitate the examination and appraisal thereof, and interior cases shall be legibly marked as to the contents. Any consignment not packed in compliance with this article will be detained for a special examination. ART. 106. Goods found to be fraudulently entered, either as to value, quantity, or character, shall be forfeited to the Government, and any goods which have been subject to an attempt to import into Cuba without being duly entered and declared and duly passed at the custom-house shall be seized and confiscated. ART. 107. Any goods, wares, or merchandise not duly entered within ninety days after importation shall be sold at auction by order of the collector of customs for Cuba, on approval of the military governor, after five days' public notice, conspicuously posted at the port: Provided, That the period of ninety days may be extended by the collector of customs for Cuba, not exceeding a period of six months from the date of the importation, when good and sufficient i'easons therefor are presented to him, if, in his judgment, the interests of the Government will permit such extension. The proceeds of such sale shall be kept for ten days subject to the demand of the importer, after deduction of the proper duties on the goods and all expenses of storage and sale: Arid it is further provided, That the customs authorities may destroy any unclaimed leaf tobacco at the expiration of the period allowed for entry, provided that the collector of customs shall be satisfied that the duty accruing upon said tobacco would not be realized by the sale thereof. ART. 108. All seized and confiscated merchandise shall be sold in the same way, and the proceeds of such sale, after deducting all charges, shall be delivered to the collector or other customs official duly designated for that purpose: Provided, That the customs authorities may destroy seized and confiscated leaf tobacco so as to prevent its sale at less than the duty imposed by the tariff. ART. 109. The merchandise deposited in the general-order stores which, in the opinion of the collector, may, by depreciation in value, damage, leakage, or other cause, result to be insufficient, upon being sold at auction, to pay duties for storage and other charges corresponding thereto, if it be permitted to remain in the warehouse during the period prescribed by the regulations, shall be sold at public auction, after due public notice, as specified above, of not less than three or more than six days, as the collector may determine, and the proceeds disposed of and accounted for as on regular sales of unclaimed goods, except that in case of abandoned goods no part of the proceeds shall be returned to the owner of the merchandise.

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38 ART. 110. From the proceeds accruing on such sales of warehoused goods will be paid the following charges in the order named: 1. Expenses of appraisal, advertisement, and sale. 2. Duties at the same rate as if the merchandise had been regularly withdrawn for consumption. 3. Any other charges due the Cuban customs in connection with the goods. 4. Any sum due for freight on the voyage of importation of which due notice shall have been given in the manner hereinafter prescribed. 5. Storage and other charges for which the goods may be liable. In case of warehoused goods in public stores, the storage dues thereon will be paid from the proceeds next after the expenses of sale. No allowance for damage to goods, wares, and merchandise imported into Cuba, incurred during the voyage of importation, shall be made in the estimation and liquidation of duties thereon; but the importer thereof may within ten days after entry abandon all or any portion of the goods, wares, and merchandise included in any invoice, and be relieved from the payment of duty on the portion so abandoned: Provided, That the portion so abandoned shall amount to ten per centum, or over, of the total value or quantity of the invoice, and the property so abandoned shall be sold by public auction or otherwise disposed of for the account and credit of the island of Cuba under such regulations as the military governor may prescribe. All merchandise so abandoned by the importer thereof shall be delivered by such importer at such place within -the port of arrival as the chief officer of customs may direct, and on the failure of the importer to comply with the directions of the collector in this respect, the abandoned merchandise shall be disposed of by the collector at the expense of such importer. ART. 111. No merchandise shall be imported into Cuba in vessels of less than thirty tons, gross capacity, under penalty of confiscation. ART. 112. Upon the declaration being presented and found correct it shall be admitted and duly numbered and compared with the manifest, and the invoice or invoices and bills of lading shall also be compared therewith. They shall then be noted in a register, in which shall be set forth the number of the declaration, that of the manifest, its paragraph, name of the vessel, the port from whence cleared, and the name of the consignee. Note having been taken of the declarations, statements shall be mgde of those corresponding to the wharves, the appraiser's warehouse, and the bonded warehouse division, in order that they may be delivered to the respective chiefs of these departments, taking their receipt therefor, and said chiefs of departments, before proceeding to the appraisal, shall have the entries duly recorded in a book kept for that purpose. ART. 113. When a consignment is renounced, or the consignee designated by the captain can not be found, or has died without leaving

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39 anyone to take his place, or when, in the case of cargoes consigned to order, no one should present himself as the consignee of the same within the period of time established by these regulations, the collector of customs shall order the packages stored at the captain's expense, remitting the documents and all information relating to the shipment, as expressed in article 97, and such other data as he may acquire to the consul or vice-consul of the nation of the shipper, if he should be a foreigner, or to the governor-general of the island, in case he should be an American, in order that said official may, in accordance with the commercial code, nominate some responsible merchant to fill the place of the consignee. In the same way the consul or vice-consul, or the merchant so named, shall be considered as the owners of the merchandise, and can, as such, enter it within the periods allowed. In case these periods have transpired without any authorized person presenting himself to dispatch the goods they shall be considered to be abandoned. ART. 114. Whenever the collector of customs receives due notification of any lien for freight upon any imported merchandise he shall refuse to deliver the same until such lien has been satisfied. Every person claiming a lien for freight upon imported goods in the possession of the collector must serve upon him or his deputy a notice designating particularly the goods, packages, marks, and number; the warehouse in which the same are stored; the names of the owners, importers, or consignees, and the vessel by which the goods were imported; the date of the arrival of the goods and the amount claimed. This must be signed by the claimant or his duly authorized agent, and verified by affidavit. Liens on goods entered for immediate transportation without appraisement can not be accepted by the collector of the port of first arrival, but must be filed with the collector at the port of destination. CHAPTER VIII. DISCHARGE OF MERCHANDISE. ART.,115. The discharge of a vessel shall be permitted by the collector after proper entry of such vessel in the custom-house. The cargo for immediate delivery may be landed immediately, after the granting of a permit to land, upon the wharves and at warehouses specially designated by the collector for the purpose. The discharge of cargo shall be made under the supervision of inspectors assigned to duty by the surveyor, and the responsibility of the captain to the custom-house shall not cease until the packages are properly delivered to the consignee or taken possession of by the collector, or until those packages which are to be examined and appraised

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40 in the appraiser's warehouse shall have entered therein. The consignee of the vessel shall always be responsible for any shortage or deficiencies which may result. All goods landed, no permit for the delivery of which has been received by the inspector at the expiration of the time allowed by the collector for such goods to remain upon the wharves, shall be sent to the general order store. Storage and all other expenses on such goods must be paid by the owner or consignee, or, when the goods are sold as unclaimed, from the proceeds. The discharge must be effected in the number of days prescribed in these regulations and only exceed them in special cases. For good reason, after petition has been made by the consignee in each case, the collector of customs may grant an extension. ART. 116. All goods not duly entered for payment of duty within ten days after their arrival in port shall be taken possession of by the collector of customs as unclaimed and placed in store, to be disposed of as provided for in article 107. The discharge must be made by the vessels in the places designated for the purpose by the collector. If the cargo is to be discharged in lighters, the master of the lighter, who should be under bond, shall receive from the customs inspector who is in charge on board of the vessel a signed note stating the part of the cargo which the lighter conveys, and which is to go from the vessel to the wharf, and said lighters shall be accompanied, whenever it is considered necessary, by a customs inspector, who shall not permit them to approach the side of any other vessel nor to stop on the way. When the lighters arrive at the wharf, the packages which they convey shall be immediately discharged, under the supervision of customs inspectors detailed by the surveyor to take charge of the cargo, who shall examine them and check their classes, marks, and numbers with those expressed in the lighter's conduce, placing the word "correct" if he finds them correct. Otherwise he shall inform the surveyor of the port, in order that the proper action may be taken. ART. 117. The master of any steamship trading between foreign ports and ports in the island of Cuba, and running in a regularly established steamship line, which line shall have been in existence and running steamers in the foreign trade for not less than six months previous to the application of the privilege extended by this article, arriving in a port of entry, may make preliminary entry of the vessel by making oath or affirmation to the truth of the statements contained in his manifest and delivering said manifest to the customs officer, who shall board said vessel, whereupon the unloading of such vessel may proceed upon arrival at the wharf, under the special regulations governing such cases. Any customs officer who may be designated for that purpose by the collector of the port is authorized to administer the oath or affirmation herein provided for.

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41 ART. 118. The details of the discharge of merchandise shall be arranged in accordance with the general provisions established in relation to the duties of the surveyor of the port and his employes. Merchandise brought in a vessel from a foreign port can not be unladen or delivered but in open day except by special permission from the collector; and upon the execution of a sufficient bond, conditioned to indemnify him for all losses and liabilities which may be occasioned by reason of the granting of such permit, the collector shall grant a special permission to any vessel from a foreign port to unlade cargo at night. When permits are granted to discharge at night or on holidays, for the convenience of the vessel owner or consignee, a uniform and reasonable compensation shall be allowed to inspectors for their services, to be paid, through the collector, by said vessel owner or consignee. In general, where services are rendered by the custom-house at unusual hours for the benefit of the vessel or importer, they will be charged by the custom-house to said vessels or importers, respectively. ART. 119. No package shall remain upon any wharves over night, except upon the wharves of the custom-house, nor shall any package remain at any place where it is landed, unless there be buildings suitable for its safe-keeping while it remains under the custody of the custom-house and under the supervision and responsibility of the surveyor of the port. Whenever, on account of the cargo being very valuable, it shall be considered necessary to take measures of safety therefor, the collector of customs, or, in his absence, the surveyor of the port, may order that every day, upon commencing and terminating the discharge of a vessel, the seals mentioned in article 31 be removed and replaced, respectively. This will be done in the presence of one of the officials of the custom-house, care being taken that, if practicable, the same person removes the seals who placed them, after an examination as to their integrity. If, upon removing the seals in the morning to continue the discharge, notice be given by the official in charge of this operation that the seals have been broken or in any way tampered with, immediate report shall be made to the collector of customs in order that he may proceed to a prompt investigation of the matter, and impose the penalty which he may consider proper, the sum not to exceed $500 nor to be less than $100; and if it results that any part of the cargo has been extracted during the night, whatever be its quantity, official report, fixing the blame therefor, if possible, shall be made to the collector of customs, for procedure as contemplated in article 224. ART 120. All packages landed for their appraisal in the appraisers' warehouses, where there are such, shall be conveyed, under the custody of the surveyor of the port, to the entrance gate of the customhouse or warehouse, where the respective storekeepers shall receive

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42 them, together with the certificate of weight furnished by the surveyor of the port; the weight thereof shall be noted in a book and a receipt delivered therefor. The storekeeper shall then make an examination to see whether the packages are in good condition, or whether they are broken or bear signs of damage or of having been opened, and in such cases he shall report the matter to the collector of customs, through the proper channels, making the proper notes of the fact in his books. The storekeeper's book shall have the necessary headings to set forth the number of packages, their classes, marks, numbers, gross weight, consignee, date of their entrance, importing vessel, origin of the same, and observations. The storekeepers and the employes of the appraiser store or warehouse shall securely guard the merchandise and take care to prevent any damage or confusion of packages at the time of appraisal. To this end they will place the bales, sacks, cases, and other packages separately and in good order, according to consignments, and with the marks in plain view. In order that the merchandise in the warehouses may be well guarded, the storekeeper shall always keep the keys thereof in his own possession and personally superintend the opening and closing of the doors and windows. He shall be required to be in constant attendance at the stores from eight o'clock a. m. to five p. m., except during the time necessary for meals, when the stores shall be closed. Collectors may extend the hours of attendance in any special instance, according to *their discretion. He shall not permit goods to be received, delivered, sampled, packed, or repacked, except in his presence or the presence of some person designated as an assistant by the collector, nor without a written order from such collector. ART. 121. When vessels bring merchandise in bulk the collector of customs shall dictate such rules as he may consider necessary for the conduct of their unlading. Cattle may be landed as soon as vessels arrive in port, within working hours, provided the consignee bonds himself to comply with all formalities prescribed, and to satisfy all duties corresponding thereto. The official veterinarian of the port, whenever required by laws regulating the inspection of cattle, shall be present at the landing of cattle for the proper inspection of same, and no cattle shall be delivered without the certificate of health signed by said veterinarian. ART. 122. In order to land passengers' baggage, it will be sufficient that the inspector in charge on board of the vessel sign the baggage manifest which the captain shall present to him, sending it to the chief of the passenger department, after comparing it with the number of packages which are disembarked. Whenever it is deemed necessary, an inspector shall accompany the baggage to the wharf where it is to be examined, and the officer who

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43 makes the examination thereof shall certify to the same, and to its conformity, at the foot of the said manifest. After the filing of a bond guaranteeing their reembarcation, the landing of sails, casks, chronometers, and other portions of the vessel's equipment shall be permitted, in order that the same may be repaired. All dutiable merchandise brought by passengers coming from foreign ports which exceed $500 in value, shall be duly entered in the custom-house for its appraisal and assessment of duties in regular form; but if the value of such merchandise be less than said amount, the entry of the same can be made by verbal declaration. Cigars brought by passengers, evidently for their bona fide personal use, can be admitted free of duty in quantities not exceeding 100. The duties on passenger effects when not amounting to more than one dollar in any one case may be remitted by the collector. ART. 123. Where goods and wares consigned to a port in Cuba are landed in error at a different port in Cuba, and the collector at the original port of landing of such merchandise, etc., on investigation is convinced by the manifest and other evidence of such error, he may permit the reshipment of said merchandise, etc., to its proper destination under transportation bond and regulations governing same. Said bond may be executed by designated agent or owner of the merchandise or agent of the vessel landing the merchandise, etc., in error. The merchandise shall be transshipped on another vessel of the same line unless in the judgment of the collector this will cause unnecessary delay, in which case he may permit the transshipment by a vessel of any regular line. The collector at the final port of destination on receiving such merchandise, etc., will officially notify the collector at the original port of landing where transportation bond was executed, which official notice shall be authority for the cancelling of the "transportation bond." Merchandise, etc., thus transported in bond must be examined at the original port of landing, in order to establish that the landing was in error and not with intent to defraud. The collector at the first port of landing will inform the collector of the port of destination of the result of the examination. The collector at the port of destination of such merchandise, etc., transported in bond shall require same to be regularly entered for consumption, and collect duties on same after appraisal. All merchandise, etc., thus transported in bond shall be corded and sealed by the collector at the original port of entry at the expense of the consignor; and all vessels acting as common carriers for the transportation of such merchandise in sealed packages in bond shall be held responsible for their safe delivery at the port of destination, and shall have same noted on the vessel's manifest as "merchandise in bond."

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44 The attention of all collectors is called to the privilege granted hereby, and they are cautioned not to allow same to be abused by the importation of merchandise, etc., not manifested, and without sufficient evidence to satisfy them beyond a doubt that such merchandise is not in excess of the vessel's manifest given at the port of sailing, and was actually landed in error; also that these provisions do not in any manner change the regulations governing merchandise, etc., in excess of a vessel's manifest except as above stipulated-i. e., landed in error at wrong port, as per conclusive evidence shown. ART. 124. The following acts are prohibited under the penalties hereinafter prescribed: 1. To land any article from a vessel or transfer it to another vessel without the necessary permit from the collector of customs. 2. For ahy vessel to go alongside of another while the latter is discharging without the proper permit. ART. 125. When merchandise remains on board of a vessel after the expiration of the period allowed by these regulations for the discharge of cargo of the same, the collector may take possession thereof. The legal time allowed is as follows: Vessels of less than 300 tons, 8 working days after entry. Vessels of 300 tons and less than 800 tons, 12 working days after entry. Vessels of 800 tons and upward, 15 working days after entry. The working days of a vessel are to be computed by excluding the date of entry, legal holidays, and stormy days when discharge of cargo is impracticable in the opinion of the collector. ART. 126. In the case of merchandise which has been taken possession of by the collector the landing permit shall be issued and shall be noted in a special record, and all other formalities prescribed for ordinary cases shall be complied with. All expenses incurred in such cases-those for transportation, storage, and all others-shall be charged to the consignee, or to the merchandise itself when it is unclaimed, which latter shall be sold in the form hereinafter prescribed. ART. 127. The master of a vessel bringing ballast of no mercantile value may obtain a permit to discharge the same on taking the proper oath. The following permit shall then be issued: FORM No. -. PERMIT TO UNLADE BALLAST OF NO MERCANTILE VALUE. PORT or To the inspectors: You will allow to be unladen from the ,from ,the ballast, consisting of ----, if, upon your examination thereof, you find it to

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45 be of no appreciable mercantile value, and report the same upon your return. If you find it to be of appreciable mercantile value, you will indorse the fact upon this permit and return it to the collector for further orders. Collector. ART. 128. Any Government official seizing a contraband vessel, as soon as the latter shall be considered as such, shall have all hatches and openings in the same closed and sealed, and they shall only be opened in the presence of the collector of customs at the port to which the vessel proceeds, to whom the capture shall be delivered, together with the records of the seizure and all papers found on board. Before the vessel is boarded by the collector notice shall be served upon the consul of the nation to which the vessel belongs. In the failure of either the consul or his representative to appear at the appointed time the necessary formalities shall proceed without his presence. In the presence of the above-mentioned persons the hatches shall be opened, and as the packages are taken from the hold a statement shall be made out setting forth the classes of the packages, their number and marks, which statement shall be signed by the collector and the consul, or his representative, if any there be. The surveyor of the port shall verify this statement and order the goods sent to the customhouse, where they shall be received by the storekeeper. They shall then be checked off on the above-mentioned statement, strapped and sealed, and placed in the warehouse designated for the purpose. The collector of customs shall issue a certificate, based upon the statements rendered in connection with the seizure, which certificate shall be delivered to the Government official making the seizure, to be attached to the other documents in the case and remitted to the governor-general in order that he may take such action as he may deem proper. The expenses of discharge and all others incurred in connection with the seizure shall be paid from the proceeds of the sale of the seized merchandise. CHAPTER IX. APPRAISAL OF MERCHANDISE, ART. 129. The officer in charge of the appraisers' division shall be the direct representative of the collector of customs for Cuba in all matters pertaining to the appraisal of merchandise, whether dutiable or free. ART. 130. Under the orders of the collector he will supervise the appraisal, through his assistants, of all merchandise, goods, wares, and effects of whatever description which may be presented to him

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46 in proper form, and for the appraisal of which the proper order has been received. ART. 131. He shall be responsible to the collector of customs for Cuba for the correct appraisal of all such goods; that the amounts, classes, and values returned by the appraisers' division are, in all respects, accurate and correct; and that the paragraphs, letters of paragraphs, rules and dispositions of the tariff, and the rules and orders of the collector of customs for Cuba in respect thereto, have been correctly applied and followed. ART. 132. The appraiser shall examine and appraise by all reasonable ways and means all imported merchandise which is designated for that purpose by the collector, and report to the latter, in writing, whether the prices named in the entry are correct according to the market value or wholesale price of similar goods on the day of shipment in the principal markets of the country from whence exported. In order to assist in the assessment of duty, the appraiser shall describe the merchandise in such terms as will enable the collector to classify the same for duty and report whether the measurements and quantities (except in such goods as are weighed, gauged, or measured by the surveyor) agree with the entry. Appraisers are under the general control and direction of the collectors in regard to the arrangement and transaction of the business of their department of the customs. ART. 133. Appraisers shall report to the collector, in writing, upon the entry of any merchandise examined by them, whether the prices named are the same as those demanded on the day of shipment for similar articles in the country from whence exported, also whether the quantities are correct, and shall note upon the entry the description 'of the goods covered thereby. Appraisers shall furnish any further information affecting the assessment of duty when requested by the collector. ART. 134. As the examinations of appraisers are made the basis of the classification of importations for the assessment of duty, it is necessary that the appraisers shall closely inspect the articles ordered .for appraisement, and where they entertain doubts concerning the quality or denomination bf articles, they shall submit samples thereof, with their opinions, to collectors. ART. 135. Appraisers shall not examine goods for appraisement at other places than the appraiser's room, except as provided by law. In every case where an examination for appraisement is held elsewhere than at the public store, the appraiser shall state the fact and place of such exceptional examination in his report of the appraisement. ART. 136. At any time before a reappraisement is entered upon, appraisers can recall entries in order to correct clerical errors in their original returns, but not for the purpose of changing their appraisal.

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47 ART. 137. At ports where appraisers are appointed in pursuance with law, appraisements shall be made by them. Where there are no appraisers, appraisements shall be made by the collector or other authorized officer. Appraisers or collectors, as the case may be, are authorized to call before them and examine, upon oath or affirmation, any owner, importer, consignee, or other person, touching any matter or thing which they may deem material respecting any imported merchandise in determining the duty thereupon, and to require the production of any letters, -accounts, or invoices relating to such merchandise, and such testimony may be reduced to writing, and shall be filed with the collector. CHAPTER X. BAGGAGE. ART. 138. Passengers' baggage shall be examined as soon as landed, except during the nighttime. Before despatching the baggage the inspector shall ask the passenger if he has dutiable merchandise or effects to declare. The examination shall then be made in the presence of the owner or his representative for the appraisal of such goods as maybe dutiable within the amount, viz, $500, prescribed in Article 122. The duties shall be made out in a stub book and, after being duly liquidated, the amount of the same shall be paid to the cashier and the detached slips shall be subject to the same formalities as the regular entries. The passengers shall be searched only in case of extreme suspicion of fraud, and always with due regard to sex and class. If upon terminating the examination of the baggage any packages remain whose owners do not appear to claim them, the collector shall order them weighed, strapped, and sealed and sent to the warehouse for unclaimed goods, where they shall be subject to the same proceeding prescribed for unclaimed merchandise. EXAMINATION OF MAILS. ART. 139. Customs officers shall be detailed from time to time to examine packages received in the foreign mails, and duties on all dutiable articles authorized to be imported by foreign mails must be paid or secured as in other cases. ART. 140. Mail bags sealed at a foreign post-office may be delivered unopened to the postmaster, to be forwarded or disposed of by him, care being taken that all articles unlawfully imported therein shall be examined by the customs officer nearest the place of delivery. ART. 141. When letters, sealed packages, or packages the wrappers of which can not be removed without destroying them are received

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48 from a foreign country, which are addressed to persons residing within the delivery of the post-office at the port of entry at which they are first received, and the postmaster at the said office at which they are received has reason to believe they contain articles liable to customs duties, he shall immediately notify the customs officer of the district in which his office is located, or the customs officer designated for the purpose of examining the mails arriving from foreign countries, of the receipt of such letters or packages, and their several addresses, and if any letter or package of this character be addressed to a person residing within the delivery of his office the postmaster shall also, at the time of its arrival, notify the addressee thereof that such letter or package has been received and is believed to contain articles liable to customs duties, and that he must appear at the post-office at the time designated in said notice and receive and open said letter or package in the presence of an officer of the customs. ART. 142. Letters, all registered mail and sealed packages, or packages the wrappers of which can not be removed without destroying them, which are supposed to contain articles liable to customs duties, and which are addressed to persons residing outside of the delivery of the post-office at the port of entry where they were first received from abroad, shall be forwarded to their respective destinations and marked "Supposed liable to customs duties," and upon their receipt at the offices of destination the postmasters thereof shall notify the nearest customs officer and the parties addressed in the same manner and to the same effect as provided for in the preceding article. If a reply is not received from the customs officer within twenty days from the date of said notice, the package may be delivered to the addressee \without regard to the stamp "Supposed liable to customs duties." But if the customs officer should request the postmaster to allow the package to be opened in his presence by the addressee, the postmaster shall comply with said request and immediately report the nature and probable value of the contents to the customs officer (retaining the package in his possession), whereupon the customs officer shall inform the postmaster of the amount of the customs charges due upon said package, which amount the postmaster shall collect upon the final delivery of the package and transmit, under official registration, to the customs officer. If, however, the customs officer shall deem it inexpedient to determine, upon the postmaster's report, the customs charges upon any such package, it may be sent, at his request and under official registration, to the postmaster at the place at which the customs officer is located, in whose custody it may be examined and the duty thereon computed by the customs officer, after which it shall be returned to the postmaster at the office of destination for delivery to the addressee upon payment of the duty thus assessed. Nothing herein shall authorize custom officers to seize any letter or sealed package while in the custody of the postmaster, nor until after

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49 its delivery to the addressee. And no letter or sealed package shall be detained at the office of delivery longer than may be necessary for the appearance of a customs officer and of the addressee. ART. 143. Unsealed packages received in the mails from foreign countries (except registered articles which are to be treated as if sealed), which contain articles liable to customs duties, shall be delivered by the postmaster at the office of receipt to the officer of the customs for the collection of the duties chargeable thereon, with notice of such delivery to the person addressed. ART. 144. Postmasters are expected to extend to customs officers, specially designated for that duty, such facilities as may be necessary to enable them to examine mail matter arriving in the mails from foreign countries, in order to protect the customs revenue. ART. 145. Printed matter imported through the mails is liable to duty, except periodicals in pamphlet form and newspapers; the expression "printed matter" being defined by the statute as including the production upon paper by any process except that of handwriting, of any words, letters, characters, figures, or images, or of any combination thereof, not having the character of an actual personal correspondence. ART. 146. All lottery tickets and printed matter relating to lotteries found by an officer of customs designated to inspect supposed dutiable matter shall be returned by said officer to the postmaster for disposition in accordance with the orders of the military governor. CHAPTER XI. EXPORTATIONS, ART. 147. Captains desiring to qualify their vessels for the exportation of merchandise shall present to the collector of customs an application therefor in due form. The exporter shall present to the collector of customs a policy in duplicate, containing the following items: 1. Name, tonnage, nationality, and captain of the exporting vessel. 2. Port or ports of destination. 3. Name of shipper or shippers. 4. Number of packages, class, marks, numbers, and gross weight. 5. The class of merchandise in detail, specifying whether it is domestic or foreign. 6. Person or persons to whom consigned. ART. 148. Upon receiving the policies the collector shall place upon the original policy an order permitting the lading of the merchandise to be exported, after proper examination by the inspector designated for that purpose. The inspector designated shall make the examination, entering the 23076-01--4

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50 result on the original policies, signing the same, and returning them to the collector. ART. 149. The collectors of customs shall make a preliminary examination of all the manifests of merchandise to be exported, and when these are found to be incorrect or incomplete, either in the description of the articles or through omission of the corresponding amounts or values, or through any other error which should appear on the manifest, they shall demand their correction before permitting their exportation. In the case of lines of steamers which sail under special regulations, in order to avoid delays and to facilitate generally their operations, the collectors of customs shall take care that the manifests of the cargo received by such vessels are deposited in the customhouse within four days after the clearance of the vessel. ART. 150. The countries specified must be, as far as possible, those for which the exported goods are destined, and not those for which the exporting vessels are cleared from their respective ports, if the last country of destination should be different from that for which the vessel has been cleared. Exporters shall be required to state in their policies the country of final destination. ART. 151. Collectors of customs may authorize the lading of products of the island of Cuba from any point or estate where they may be situated. When this authorization is granted, the exportation will be completed by the captain and shippers presenting all the documents required by the preceding articles. The supervision of the lading may be made by a customs employee or inspector expressly detailed for the purpose by the collector of customs; all expenses incurred being charged to the account of the shipper. When the lading is completed, the collector of customs may require the vessel to put into the port where the custom-house is located in order to verify the lading in the form which he may deem best. ART. 152. When a steamer sailing on a fixed schedule is to remain but a few hours in port the operations of exportation will be permitted to be prepared before its arrival, loading the cargo from lighters, in which it shall have been previously placed, and working at night and on holidays,. if it should be necessary, at the expense of the vessel and with the authorization of the collector; but in no case will any merchandise be permitted to remain on the wharves at night, except by special permit. ART. 153. When a captain has completed the lading of his vessel and desires to sail, he shall notify the collector of customs to this effect; presenting a manifest in duplicate of the entire cargo, and signing the corresponding oath. The collector shall certify the duplicate manifest, one copy of which shall remain in the custom-house, the original being delivered to the captain of the vessel. The captain will then receive a certificate to the effect that he has been completely cleared by the custom-house.

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51 CHAPTER XII. TRANSITS AND TRANSSHIPMENTS. ART. 154. The word transit shall be understood to mean the passing of foreign merchandise touching at ports of the island (but without being discharged) without the payment of duties. The transit of merchandise touching in ports of Cuba, but without entering into its territory, will be permitted under the following conditions: 1. The captain shall state in his manifest the packages carried in transit in the same form specified for those which he brings for immediate unlading. 2. The point to which the merchandise is consigned shall not be the same from which it was shipped nor any of those at which the vessel has previously touched in the same voyage. These vessels shall be kept under the supervision of customs inspectors during their stay in port. ART. 155. If any vessel arrives in port carrying merchandise in transit for ports in Cuba, and the captain makes application to lade merchandise for foreign ports, carrying a manifest, the collector of customs shall note in the manifest the general class of such domestic merchandise, and the number of the policy corresponding to their shipment, in order that their origin may be verified in the other ports in which the vessel enters. ART. 156. The transshipment of merchandise; i. e., the transfer of the same from one vessel to another of the same line, will be permitted, provided such merchandise has been manifested by the captain as in transit for foreign ports, subject to the following rules: 1. The consignee shall make application for permission to make such transshipment, directed to the collector of customs, in writing, within twenty-four hours after the admission of the manifest. In this application he shall state the name of the vessel bringing such merchandise, the paragraphs of the manifest in which the same appears, and the name of the vessel which is to receive it. The application shall be in duplicate and in regular form, and shall be noted in a special record, with the following headings: (a) Number of the petition, placed at the head of the same. (b) Date of the petition. (c) Number of the manifest. (d) Name of vessel bringing the merchandise. (e) Name of the vessel receiving the same. (f) Name of the shipper. (g) Point of destination. 2. The collector of customs will issue the permit, if expedient, directing the surveyor of the port to superintend the transfer of the merchandise and to have the packages verified under the supervision

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52 of the customs inspectors. The number of the permit shall be noted in the margin of the corresponding paragraph of the manifest 3. The packages shall be checked off with the papers of the vessel and the bills of lading, in order to verify their agreement with the manifest and with the application for transshipment. 4. The transfer itself shall be made, either from vessel to vessel, placing them side by side, or by the use of lighters, which shall, whenever deemed necessary, be accompanied by customs inspectors. 5. When the transfer has been completed the surveyor shall certify to the same on the application for the transfer, upon which the captain of the receiving vessel shall also certify to their receipt. The original of this application shall be filed in the custom-house, and the copy authorized by the collector of customs shall be delivered to the captain of the receiving vessel. If the transfer is made to vessels which are to touch at ports of the island and then proceed to foreign ports with the transshipped merchandise, the fact that such merchandise is in transit for foreign ports must be stated in the general manifest. CHAPTER XIII. ABANDONMENT OF MERCHANDISE. ART. 157. By abandonment of merchandise is meant the renunciation by the consignee of his property. In the case of abandoned goods no part of the proceeds of sale shall be returned to the owner of the merchandise. The abandonment is expressed when it is made by the interested party in writing, directed to the collector of customs. The abandonment is implied when it so appears from the actions of the interested party which leave no room for doubt, such as in the following cases: 1. When on the presentation of the manifest by the captain the identity of the party designated by him as consignee can not be ascertained, or he has died without having left anyone to take his place, or renounces the designation, and neither the consul of the nation of the shipper or the merchant named will admit the consignment. 2. When the periods allowed by these regulations for storage or for entry for bonded warehouse have expired, and the notices required by the regulations have been given to the consignee and the latter fails to appear. 3. When, after the consignee has made his entry and the same has been accepted by the collector, he or his properly authorized representative fails to appear within ninety days to claim the goods and pay the corresponding duties thereon. 4. When passengers bringing concealed merchandise do not pay the

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53 penalties imposed upon them according to section 2 of article 226 of these regulations within three days after the final decision of the collector of customs. In all such cases the collector shall first decide whether the provisions of article 227 apply. 5. When the duties have been paid and the interested party fails to remove his merchandise from the custom-house within ninety days after the. payment thereof. 6. In any other case, not herein provided for, in which the inteni on of the owner may be as clearly inferred as in the six preceding. Whenever the interested party appears within the periods prescribed in this article there shall be no occasion for the declaration of abandonment, but lie shall be required to pay the corresponding duties, storage charges, and all other expenses which have been incurred by the merchandise. The explicit statement of abandonment may be made at any time from the moment of the presentation of the entry until immediately before making the payment of the duties, and the interested party is thereupon relieved from the payment of the same. ART. 158. In order that the merchandise may be considered abandoned, the same must be declared as such, in writing, by the collector of customs. CHAPTER XIV. ENTRANCE OF VESSELS THROUGH STRESS OF WEATHER. ART. 159. Whenever a vessel from a foreign port is compelled by stress of weather or other necessity to put into any other port than that of her destination, the master, together with the person next in command, within twenty-four hours after arrival, shall make protest in the usual form, upon oath before a duly authorized person, setting forth the causes or circumstances of such necessity. This.protest, if not made before the collector, must be produced to him and the naval officer and a copy thereof lodged with them. The master of such vessel shall make report to the collector within forty-eight hours after arrival, and if it appears to the collector, by the certificate of the surveyor of the port, or, if there be no such officer, by the certificate of two reputable merchants, to be named by the collector, that it is necessary to unlade the vessel, the collector shall grant a permit and detail an inspector to supervise the unlading; and the merchandise so unladen shall be stored under custody of the collector. At the request of the master of the vessel, or of the owner thereof, the collector shall grant permission to enter and pay the duties on and dispose of such part of the cargo as may be of a perishable nature or as may be necessary to defray the expenses attending the vessel.

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54 And if the delivery of the cargo do not agree with the master's report, and the difference be not satisfactorily explained, the master shall become subject to the penalties provided in the case of ordinary importations. The cargo, or the residue thereof, may be reladen on board the vessel, under the inspection of an officer, and the vessel may proceed with the same to her destination, subject only to the charge for storing and safe-keeping of the merchandise and the fees for entrance and clearance. No port charges shall be collected on vessels entering through stress of weather or other causes above described. ART. 160. The voluntary entrance of vessels proceeding from foreign ports will not be permitted at any port, beach, or anchorage which is not qualified as a port of entry. CHAPTER XV. DERELICT AND WRECKED MERCHANDISE. ART. 161. Merchandise picked up at sea, derelict, or taken from a wreck is prima facie dutiable. If claimed to be of Cuban production, and consequently free, proof must be adduced as in ordinary cases of the reimportation of merchandise. Foreign merchandise landed from a vessel in distress is dutiable if sold or disposed of in the island of Cuba. Before any merchandise which has been taken from a recent wreck shall be admitted to entry the same shall be appraised, and the owner or importer shall have the same right of appeal as in other cases. No part of a Cuban vessel, nor any of. her equipments, wrecked either in Cuban or foreign waters is to be regarded as "goods, wares, or merchandise." All merchandise picked up at sea, derelict, or recovered from abandoned wrecks shall be taken possession of in the port or district where it shall first arrive and be retained in the custody of the collector as unclaimed. If not claimed and entered by the owner on due proof of ownership, by the underwriters in case of abandonment to them, or by the salvors in the absence of adverse claims, it will be subject to sale for duties in the usual manner. Salvors have an uncertain interest in the goods saved, dependent upon the decree of a competent tribunal, and also have a presumptive right to possession of merchan-' dise saved by them from abandoned wrecks. The collector will therefore permit salvors to make entry of derelict or wrecked goods in either contingency. If the merchandise be libeled for salvage, the collector shall notify the salvors of the claim of the island of Cuba for duties, and will intervene for the same. When such goods are brought into

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55 port by lighters or other craft, each such vessel must make entry by manifest of her cargo. ART. 162. When vessels are wrecked in the waters of Cuba, application should be made to the collector of customs by the original owners or consignees of the cargo, or by the underwriters, in case of abandonment to them, for permission to forward the goods saved from the wreck to the ports of destination in other conveyances, without entry at the custom-house in the district in which the merchandise was cast ashore or unladen. On receipt of such permission the merchandise may be so forwarded, with particular manifests thereof, duly certified by the customs officer in charge of the goods. ART. 163. Whenever any vessel of Cuba has sustained or caused any accident involving loss of life, material loss of property, or serious injury to any person, or has received any damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall, within five days, send, by letter to the collector of the district wherein such vessel belongs, or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish such other information as may be called for; and if he neglects to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of $100. And.whenever the managing owner or agent of any vessel of Cuba has reason to apprehend that such vessel has been lost he shall promptly send notice in writing to the collector of the port to which said vessel belonged of such loss and the probable occasion thereof, stating the name of the vessel and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the collector, such additional information as shall be required; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of $100. If there should be no custom-house at the point where the vessel is wrecked, the coast guard or customs official nearest the scene of the wreck shall render all possible aid in saving the crew and cargo of the vessel, taking charge of the merchandise saved and giving immediate notice to the nearest custom-house. In order to prevent any attempt to defraud the revenue, the collector shall be represented at the saving of the cargo by customs inspectors detailed for that purpose, who shall examine and countersign the inventory made of such cargo, receiving an authorized copy of the same and the key to the warehouses in which the goods are stored. If the merchandise saved is not damaged, and the interested parties should make application for their appraisal, they shall send a declara-

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56 tion of the same, in duplicate, to the custom-house; and the proper examination and dispatch shall take place in the regular form established by these regulations. The same proceeding shall be followed if it should be decided to enter a part of the merchandise for bonded warehouse. ART. 164. If the owner of the vessel wishes to export the remains of the wreck, he will be permitted to do so upon proper examination and inspection. The remains of a wrecked vessel shall be considered to be not only the hull and rigging of the same, but also all ships' stores and articles of equipment, such as sails, ropes, chains, anchors, etc. ART. 165. If it is desired to refit the vessel for navigation, the following proceedings shall be had: 1. The owner of the vessel, if the same has not been sold, or the person acquiring it in the event of its sale, shall give official notice, in writing, to the collector of customs. 2. When the vessel is ready to sail, the interested party shall inform the collector of customs, stating whether he wishes to reexport the vessel or have it placed under the provisional coasting flag of Cuba. 3. In the latter case the collector shall order its appraisal and measurement made in proper legal form. CHAPTER XVI. COASTWISE TRADE. ART. 166. The coastwise trade, in so far as it affects the customs, shall be considered that which is carried on directly by sea between ports of entry in the island of Cuba. The coastwise trade can be exercised only by Cuban vessels or those of the United States in so far as it refers to the transportation of merchandise. Any vessel which, having been cleared coastwise, touches a foreign port shall be considered as of foreign origin, as also shall be its cargo, unless the entry at such foreign port has been by stress of weather or other necessity, and has been so established by the captain before the consul of a friendly nation, or, in the absence of such, before the local authority, in which case a careful examination shall be made to ascertain if the cargo which it carries is the same which it laded at the port from which it was originally cleared. Notwithstanding the provisions of the second paragraph of this article foreign vessels will be permitted to engage in the coasting trade, when, in urgent cases, the public convenience requires the granting of such permission, and then only upon due authorization by the collector of customs for Cuba. ART. 167. When a captain wishes to lade merchandise for coastwise transportation he shall present to the collector an application for permission to do so, after receiving which lie may receive cargo.

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57 ART. 168. The clearance of coastwise vessels carrying national merchaidise, or foreign merchandise which has been nationalized through the payment of import duties, shall be effected after presentation to the collector of customs at the port of clearance of a manifest in duplicate, one of which, after being certified, shall be returned to the captain or master of the vessel. Upon acceptance of the manifest the collector shall issue the necessary clearance permit. ART. 169. The unlading of merchandise arriving at a port from another one in the island of Cuba shall be made according to the following rules: 1. The captain, as soon as he comes to anchor, shall present to the custom-house the sworn manifest of all such cargo carried by his vessel. 2. The collector shall then order the discharge and inspection of the cargo by the customs inspectors. 3. At the termination of the discharge the manifest shall be filed in the custom-house, after being certified to by the inspectors. ART. 170. Collectors of customs may permit coasting vessels to proceed to any point on the coast and lade national products and transport them to other points on the island upoi application therefor. Upon the arrival of the vessel at the port of lading the permit shall be viseed by the customs inspector, if any, detailed to this point, or sent there for this especial purpose, noting on the permit the day of arrival of the vessel. A manifest of such lading shall be made by the captain or master of the vessel and be certified by the customs inspector, or, in his absence, by the local authority. Vessels under 20 tons' register used in the transportation of vegetables and fruits from one point or port of entry in the island to another shall be free from the formalities specified in this chapter, and they shall only be required to apply for a pass from the custom-house or local authority, as the case may be, and to submit to such examination as the customs inspectors may deem necessary in order to prevent fraud. ART. 171. The customs houses may also issue permits for the transportation in lighters and other boats of light tonnage to plantations on the coast of machinery, tools, and supplies. In such cases the manifests shall be authorized at the custom-house at the port of sailing and viseed by the customs officer on detail at the point of destination, or, in his absence, by the local authority. CHAPTER XVII. ALLOWANCES FOR DAMAGE OR SHORT SHIPMENTS. ART. 172. No allowance shall be made in the estimation of duty for lost or missing packages appearing on the manifest, bill of lading, or

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58 invoice, unless shown, by proof satisfactory to the collector, not to have been originally laden on board or to have been destroyed by accident during the voyage. ART. 173. If such missing package should be found later, or should be returned by the same vessel, or other vessel of the same line, with sufficient proof that such missing package was carried away by error, the entry covering such missing package shall be forwarded to the appraisers' division for the proper appraisal of the goods. When in such cases duties have been paid on packages which, according to the official reports of the surveyor, have not been landed within three months from the date of the entry of the vessel on whose manifest such packages originally appeared, and the absence of such packages be satisfactorily accounted for, the duty collected upon such packages shall be refunded to the importer. ART. 174. Whenever the appraiser reports a deficiency in the contents of a package as called for by the invoice, no allowance shall be made unless evidence satisfactory to the collector shall be produced that said shortage occurred before the arrival of the merchandise in this country, the burden of proof in such cases resting upon the importer; but no claim for damage occurring before arrival can be entertained except in case of imported animals satisfactorily explained to the collector. Dead animals upon which duty has been abated must be removed as ordered by the collector at the expense of the importer. CHAPTER XVIII. TONNAGE AND HARBOR-IMPROVEMENT TAXES. ART. 175. The harbor-improvement taxes at all ports of entry in Cuba shall be levied as follows: Each steamer entering.-. .---------------------------------$8.50 Each sailing vessel entering ---------------------------------------------4.25 Each ton of cargo landed from a steamer. .-----------------------.25 Each ton of cargo landed from a sailing vessel .--------------------.125 Each ton of coal landed from a steamer .------.---------------------. .125 Each ton of coal landed from a sailing vessel-.-. ----------------------.10 ART. 176. At all ports or places in Cuba there shall be levied the following tonnage dues: (a) On entry of a vessel from a port or place not in Cuba, per net ton, 20 cents. (b) On entry of a vessel from another port or place in Cuba, engaged at the time of entry in the coasting trade of Cuba, per net ton, 2 cents. (c) The rate of tonnage dues on a vessel which enters in ballast shall be one-half of the rate imposed by subdivision (a) or (b), and onehalf the tonnage dues imposed on a vessel entering with cargo shall be refunded if the vessel clears in ballast.

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59 But to a vessel entered from a port not in Cuba such refund shall not be made unless the collector at the port of such entry shall receive satisfactory evidence that the vessel has not been cleared within two months from the date of such entry from any port in Cuba with cargo for a foreign port. If such vessel has been so cleared without actually engaging in the coastwise trade after her foreign entry on the same voyage, any tax levied on her coastwise entries between the dates of her foreign entry and foreign clearance may be refunded. (d) The tonnage tax on entries of a vessel from a port or place not in Cuba shall not exceed in the aggregate $2 per net ton in any one year, beginning from the date of the first payment. The tonnage tax on entries of a vessel from other ports or places in Cuba shall not exceed forty cents per net ton in any one year, beginning from the date of the first payment. (e) The following shall be exempt from tonnage dues: A vessel belonging to or employed in the service of the Government of the United States; a vessel of a neutral foreign government not engaged in trade; a vessel in distress; or a yacht belonging to an organized yacht club of the United States or of a neutral foreign nation. (f) The tonnage of a vessel shall be the net or register tonnage expressed in her national certificate of registry. CHAPTER XIX. COASTING TRADE OF CUBA. ART. 177. (a) Vessels of the United States may engage in the coasting trade of the island of Cuba. (b) The collector of customs at any port in the island of Cuba is empowered to issue a permit to a resident of Cuba who owns a vessel, which shall entitle such vessel to engage in the coasting trade of the island: Provided further, That the owner and master (except in case of citizens of the United States) of such vessel shall, upon oath before such collector, entirely renounce and abjure all allegiance and fidelity to any foreign prince, state, or sovereignty whatever. (c) These permits shall first be approved by the military governor of the island, and afterwards countersigned by the collector of customs issuing the same. (d) Vessels entitled under these regulations to engage in the coasting trade of Cuba shall carry a distinctive signal, which shall be'a blue flag, and the union of the flag shall be a white field. ART. 178. The permit authorizing a vessel to engage in the coasting trade of Cuba shall be surrendered without willful or unnecessary delay to the collector of the nearest customs port or of the port of

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60 first arrival after the transaction, under the several conditions or circumstances as follows: First. When the captain or master or the managing owner is changed. Second. When the vessel is sold in part or in whole. Third. When she is burned, wrecked, or lost in any manner. Fourth. When she is altered in form or burden, or changed from one denomination to another. Fifth. When the permit, because of time limitation, has expired. If the master neglects to surrender the permit under the conditions enumerated, he shall forfeit $100 and the permit shall become null and void. Whenever a permit is surrendered, except in case of a total loss of the vessel, the collector, if at the home -port, shall renew the document, but if at a port other than that to which the vessel belongs, the collector shall issue a temporary permit until she arrives at her home port. Provided, however, That the loss, destruction, or disappearance of a permit may be established by the oath of the master or other person having charge of the vessel, the same being duly made before the collector of the port of first arrival. And provided further, On proof that any vessel has been sold or transferred by process of law, and that her permit is held by the former owner or owners, the collector of the district to which the vessel belongs may grant a new permit, with the approval of the military governor of the island of Cuba. CHAPTER XX. SPECIAL REGULATIONS FOR COASTING TRADE. ART. 179. Officers of the customs in the island of Cuba may authorize the clearance under a permit for foreign ports or ports of the United States of vessels owned by residents of Cuba, and owned at the time of clearance by citizens of Cuba, under the distinctive signal and coasting permit of Cuba. Such vessels may fly the American flag above the distinctive signal solely for the purpose of indicating that the Government of the United States, pursuant to treaty, has assumed and will discharge the obligations that may under international law result from the' fact of the occupation of Cuba for the protection of life and property. In granting such clearance under a permit collectors of customs shall advise masters or owners that the clearance under permit and the use of the flag of the United States hereby authorized do not confer upon such vessels any rights or privileges which are conferred upon vessels of the United States by the statutes or treaties of the United States. The rights and privileges of such a vessel as to entry, clearance,

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61 dues, charges, etc., in foreign ports and in ports of the United States shall be determined by the laws of the country in which the port may be situated. Such vessels upon entry into a port of the United'States shall be subject to the provisions of section 2497 of the Revised Statutes and such other laws as may be applicable. The form and manner of the issue of permits provided for in this article shall be as follows: 1. Each permit for the clearance to a foreign port or port of the United States of a vessel owned by a citizen of Cuba shall be signed by the general commanding the United States forces in Cuba. 2. Each such permit shall also be signed by the collector of customs at the port of Cuba from which the vessel seeks clearance. 3. The collector of customs shall retain a duplicate of each such permit issued. 4. Previous to the issue of the permit the owner and mast er &bal give a bond in the sum of $10 per gross ton, with security satisfactory to the collector of customs, that for the period of one year such vessel shall engage only in legitimate. trade and use the flag of the United States only for the purpose set forth in the executive orders and regulations on the subject, and shall, together with the owner and master, comply with all the executive orders and regulations now established, or which may hereafter be established, relating at any time to said vessel. 5. The collector of customs shall not issue such permit until he is satisfied by inspection that said vessel is about to engage in legiti mate trade, and he may direct any examination of the owner, master, crew, passengers, cargo, or vessel which he may deem necessary for the purpose. 6. The permit for clearance provided by these regulations shall not authorize the vessel to carry arms or ammunition unless the general commanding the forces of the United States in Cuba shall, in his discretion, give a written permit for the transportation of a stated amount of arms and ammunition for a specific purpose on a specific voyage. 7. The collector of customs in issuing such permit shall notify the master that he may fly the American flag above the distinctive signal for the coasting trade of Cuba, solely for the purpose of indicating that the Government of the United States, pursuant to treaty, has assumed and will discharge the obligations that may, under international law, result from the fact of the occupation of Cuba for the protection of life and property of Cubans. le shall also advise the master that the clearance under permit and the use of the flag hereby authorized do not confer upon this vessel any rights or privileges which are conferred upon vessels of the United States by the statutes or treaties of the United States, but that the rights and privileges of the vessel in foreign ports and in the United States will be determined by the laws of the country of the port.

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62 8. The master of the vessel upon receiving the permit shall place it with his Cuban coasting permit, and upon arriving in a foreign port shall promptly deposit both with the consul of the United States at that port, dr if there be none, then with the consul of a friendly nation. If the laws of the port require that the ship's papers be deposited with the local officer of customs, the master shall so deposit both permits, promptly advising the consul of his action. Before clearance the consul shall return to the master the permits, or cause them to be returned, as the registers of American vessels are returned in foreign ports. In ports of the United States the permits shall be deposited with and returned by the collector of customs. 9. The master of the vessel upon returning to a port in Cuba shall surrender the permit to the collector at the port of entry, who shall make such examination'as he may deem necessary to satisfy himself that the permit and the flag of the United States have been used only for the purposes prescribed, and if satisfied he shall cancel the permit and return it to the collector of customs who issued it, to be filed. If upon such examination the collector is not satisfied that the permit and the flag have been used only for the purpose prescribed, he shall detain the vessel, and report as soon as practicable to the general commanding the forces of the United States in Cuba. 10. For any misuse of the American flag or of the permit authorized by this order the general commanding the forces of the United States in Cuba may, in his discretion, impose a penalty not exceeding $10 per gross ton on the vessel, or may institute proceedings for the forfeiture of the bond above provided, or may seize the vessel and report the facts to the Secretary of War for his action. ART. 180. It shall be the duty of every captain of a vessel engaged in the foreign and coastwise trade, under the special regulations therefor, to provide himself with a certificate, on which certificate every payment for foreign tonnage dues shall be noted officially by the respective cashiers of the custom-houses in the island. ART. 181. It shall be the privilege of every captain of a vessel engaged in the foreign and coastwise trade under the special regulations above given to pay in advance, every three months, at the home port in Cuba, the maximum proportionate tonnage dues under these regulations, and the certificate of the respective collectors of customs shall be accepted as proof of such payment. CHAPTER XXI. INTERIOR OIROULATION. ART. 182. The circulation of merchandise-that is, their transportation from one point of the island to another, without putting to sea,, shall be free of duty.

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63 ART. 183. Customs inspectors, in cases of suspected fraud, are authorized to detain merchandise and have it conducted to the nearest custom-house, until their legitimate importation has been proved. CHAPTER XXII. SPECIAL RULES FOR THE WAREHOUSING OF IMPORTED GOODS AND FOR THEIR TRANSPORTATION IN BOND. ART. 184. Warehouses duly authorized for the storage of imported dutiable goods shall be known and designated as of classes one, two, and three. Where there is available space in the premises used as customhouses, such space may be set apart for the storage of imported goods in bond, and the premises are to be known as warehouses of class one. Other premises used for the general storage of imported goods are to be known and designated as warehouses of class two. Yards used for the storage of heavy or bulky articles are to be known and designated as warehouses of class three. WAREHOUSES OF CLASS ONE. ART. 185. At ports where there are Government stores, preference shall be given them for the storage of seized goods, and also of unclaimed goods if there is sufficient space for their accommodation. Unclaimed and seized goods may also be deposited, by order of the collector or acting collector, in warehouses of class two. Where there are no class two warehouses, the collector may procure suitable premises for the temporary storage of unclaimed or seized goods; but in all cases the rent and other attendant expenses must be charged against the goods. WAREHOUSES OF CLASS TWO. ART. 186. Where it is not practicable to bond the entire building, the first or ground floor of the premises may be bonded as a warehouse of class two, provided all-interior means of communication between such first or ground floor and the remainder of the premises are removed and there are no other means of entrance or exit to the bonded portion except those upon a street or other public thoroughfare. The general storage of imported merchandise may be allowed in warehouses of class two upon the order of the collector of customs. The rates of storage and compensation for labor in the handling of bonded goods will be as agreed upon between the owner or importer of the goods and the proprietor of the warehouse, who shall receive the amount due for storage and labor, the collector looking to the safe

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64 custody of the goods only for the security of the revenue. The proprietor of the warehouse shall not be allowed to make charges for storage, labor, or other expenses in excess of the regular rates prevailing at the port; and in instances where disputes arise with reference to such charges the collector of customs shall determine the question whether or not the charges are excessive. No goods shall be delivered from bonded warehouses without payment of the proper charges thereon. A storekeeper shall be appointed to have immediate charge of the receipt and delivery of goods at any warehouse. The bonded warehouses must, in addition to the locks of the proprietors, have placed thereon customs locks, the keys of which are to remain in the custody of the storekeeper assigned to the premises by the collector or acting collector. Proprietors of bonded warehouses shall be required to pay monthly to the collector of customs a sum equal to the salary of the officers assigned to the premises as storekeepers, and to provide at all times suitable accommodations for such storekeepers in the warehouses. The windows of the bonded warehouses, unless protected by iron bars, must be provided with substantial shutters capable of being securely closed on the inside of the premises. WAREHOUSES OF CLASS THREE. ART. 187. Warehouses of class three are to be used exclusively for the storage of wood, coal, mahogany, lumber; railroad, pig, and bar iron, and other heavy or bulky 'articles. Yards inclosed by substantial fences not less than ten feet in height, with gates opening into a street or public thoroughfare, may be bonded as warehouses of this class. Unclaimed and seized merchandise of a heavy or bulky character, may be stored in warehouses of this class under the same regulations and conditions as are provided for the deposit of unclaimed or seized goods in warehouses of class two. APPLICATIONS FOR ESTABLISHMENT OF BONDED WAREHOUSES. ART. 188. Applications for the establishment of bonded warehouses of either of the classes hereinbefore mentioned must be made in writing to the collector of customs, describing the premises, the location and capacity of the same, and the purpose for which the building is to be used. Upon receipt of such application the collector shall cause an examination of the premises to be made, with reference particularly to its location, construction, or occupation, and means provided for the safekeeping of merchandise. If such examination is satisfactory, the collector shall report all the facts in the case, with his recommendations, to the chief of the customs service; if the latter approves the estab-

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65 lishment of the bonded warehouse, the person or persons making the application should be notified by the collector to enter into bond, in duplicate, in such penalty as may be ordered by the chief of the customs service, to protect the interests of the revenue. Not less than two individuals should be accepted as sureties, and they should each be required to file with the bond, in addition to their oaths as sureties, a statement showing real estate or other property owned by them the value of which shall be at least equal to the amount specified in their oaths as sureties. Duly incorporated guarantee or security companies may be accepted as.sureties whenever the collector shall be satisfied as to their sufficiency. The bonds should be executed before the collector, and, if approved by him, one copy of each bond should be retained by him on file, and he will notify the owner or occupant of the premises of the establishment of the warehouse. The form of the bond to be given on the establishment of bonded warehouses shall be prescribed by the chief of the customs service, with the approval of the military governor. GENERAL PROVISIONS. ART. 189. The collector of customs should promptly notify the military governor of the death, pecuniary embarrassment, or insolvency of any of the parties to a bond or warehouse, or of any circumstances which make it advisable to require new bonds. New bonds must in all cases be given when a warehouse passes into the hands of new principals, or where changes take place in partnerships. ART. 190. Alterations in bonded warehouses can be made only by permission of the collector, and if such alterations constitute a material change in the premises new bonds should be required. It is the duty of the collector to notify the military governor of all changes in the surroundings of bonded premises likely to affect their security. If burned or otherwise destroyed, immediate notice with full particulars should be given, and if rebuilt the premises can not be used as a bonded warehouse until bonded anew. ART. 191. Proprietors or occupants of bonded warehouses shall be required, on ten day's notice from the collector, to renew their bonds, and if they fail to do so no merchandise should be sent to their warehouse, and that stored in the premises should be at the expense of the proprietors or occupants. ART. 192. Warehouses may be discontinued by the collector at any time upon written request to that effect from the proprietors or occupants of the premises, provided all the requirements of these regulations have been complied with on the part of the principals. In instances where dutiable merchandise is stored in the premises, the 23076-015

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66 same must be removed at the risk and expense of the proprietors, and the premises should not be surrendered nor discontinuance authorized until after a careful examination of the accounts of the warehouse and a comparison thereof with the books of the custom-house. ART. 193. The period which shall be allowed for the storage of bonded goods shall be one year from date of importation, but this period may be extended by the chief of the customs service, with the approval of the military governor, to two years when satisfactory reasons are shown for such extension. Bonded goods remaining in warehouse for more than three years from the date of original importation are held to be abandoned to the Government and liable to sale. All duty-paid merchandise which remains in bonded warehouse more than three years from the date of importation shall hereafter be treated as abandoned merchandise and sold, under the regulations heretofore provided, unless the owners thereof shall surrender to the storekeeper in charge of the goods the withdrawal permits duly stamped for delivery. Upon the surrender of such permits the storekeeper shall notify the warehouse proprietor of the delivery of the goods by the Government, and report the fact upon the back of the permit and return the same to the collector. No application for any casualty damage occurring after the expiration of three years from date of importation will be entertained. ART. 194. The entry of goods for warehousing shall be in duplicate, in the form prescribed by the chief of the customs service, and verified by oath or affirmation, as in the entry of merchandise for consumption, and shall be made within forty-eight hours from the admission of the manifest. The dutiable value of each package must be stated on this entry when the invoice will permit this being done. Any portion of an invoice, not less than an entire package, or, if the merchandise be in bulk, not less than one ton in weight, may be entered for warehousing, and the remainder for consumption, or for warehouse and transportation in bond. In such instances, however, the entries must be made simultaneously and the oaths or affirmations altered to correspond. ART. 195. All package goods, including distilled spirits in casks, must be sent to and received in the warehouse by the shipping marks and numbers; and if imported without numbers, they are required to be numbered consecutively from one upward. Such goods should. be gauged, weighed, and in all respects dealt with by such numbers. The collector should also, at the expense of the owners of the goods,, cause each package, when received in warehouse, to be marked with the year and month when received, the name of the vessel in which it was imported, and of the place whence shipped, such marking to be done under the supervision of the storekeeper, and the

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67 necessary labor to be furnished by the proprietor of the warehouse as a charge on the goods. The shipping marks, numbers, and identification as above must be entered on books to be kept and on reports to be made by the officer in charge in his daily returns to the collector's office. They shall then be entered in the general warehouse books at the custom-house, and the numbers therein given will be the designating numbers on all permits for withdrawal. The entry for warehousing having been examined by the collector, and the duty estimated thereon, the collector shall take a bond from the importer, with satisfactory security, in double the amount of such estimated duties, in the form prescribed by the chief of the customs service approved by the military governor. ART. 196. No partial withdrawal of merchandise from bonded warehouse shall be allowed in less quantities than an entire package, or, if in bulk, of less than one ton. ART. 197. Original importers are not by any subsequent transfers relieved either personally or upon the warehousing bond from their liability for duties. Both principal and sureties continue liable until the duties are paid or the merchandise exported. ART. 198. The importer of record may transfer to any other person the right to any merchandise under bond, which shall be done in writing upon the face of the withdrawal. Delivery of goods may be made to (Signed) Importer. The bond having been executed, the collector shall issue a permit to send the goods to the warehouse named in the entry, with the exception of such as may be designated for examination. This permit shall be addressed to the inspector or other customs officer who supervises the unlading of the merchandise from the importing vessel, and shall be in the following form: PERMIT TO SEND GOODS TO WAREHOUSE. CUSTOMS HOUSE, Collector's Office, 19-. To the inspector at You are hereby directed to send to the bonded warehouse, No. -, street (here describe the merchandise), imported on the -of by in the master, from Collector. When goods are sent from an importing vessel or car to a warehouse, or from one vessel or conveyance to another, or from warehouse to vessel or car, as well as unclaimed merchandise, and all packages

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68 ordered for examination, they must be delivered to cartmen or draymen, or lightermen appointed by the collector, and after such cartmen, draymen, or lightermen have given bond in a sum not less than $5,000, with two sureties, conditioned for the faithful performance of their duty as draymen, cartmen, or lightermen. This bond shall be in the form prescribed by the chief of the customs service after approval by the military governor. ART. 199. Any person, firm, or corporation owning one or more lighters, barges, scows, propellers, drays, or carts, may, upon producing evidence of good character to the collector, be appointed by him; and in instances where a general bond is advisable, such bond may be executed covering all of the wagons, lighters, drays, carts, etc., owned or managed by the person or persons giving the bond, which should be in an amount to be designated by the collector. ART. 200. Perishable goods, gunpowder, or other dangerous or explosive substances, except firecrackers, can not be deposited in warehouse; and if not immediately entered for export or transportation from the vessel in which imported or entered for consumption, and the duties paid thereon, shall be sold by the collector under the regulations governing unclaimed merchandise of a perishable nature. ART. 201. On the arrival of goods destined for another port, an .entry for warehousing and transportation in bond must be combined, in the form prescribed by the chief of the customs service, with approval of the military governor. This entry should be in triplicate, and one of the copies should be forwarded immediately by mail to the chief customs officer at the place of destination of the merchandise. With the entry must be filed a bond in an amount equal to double the duties chargeable on the goods. The bond should be in the form prescribed by the chief of the customs service, with approval of the military governor. The arrival of goods at destination shall be reported by the common carrier to the collector, who shall require the owner of the merchandise, or his duly accredited representative, to make entry thereof, either for consumption or for warehouse; and the chief customs officer, in his treatment of the goods, shall be governed by the instructions hereinbefore given for the guidance of officers at ports of original importation. TRANSPORTATION IN BOND. ART. 202. Common carriers, such as railroad or other transportation companies, in order to convey duitable merchandise in bond from the port of importation to other ports, must give security in the nature of a general transportation bond in such penalty as may be directed by the collector, with at least two good and sufficient sureties, to be approved by him, conditioned that the principals shall transport and deliver to the collector of customs at the port to which

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69 the merchandise may be consigned all goods in bond delivered to such carrier, such transportation and delivery to be made without delay. Application to bond routes for the purpose indicated should be made to the collector of customs. If the application to bond is approved, the common carrier should be required to enter into bond in a penalty not less than $20,000, and in the form prescribed by the chief of the customs service, with approval of the military governor. ART. 203. When merchandise is forwarded from the port of importation separate manifests, in triplicate, should be prepared for each vessel, car, or other vehicle used for the purpose, signed by the agent of the vessel, railroad, or other company by which the transportation is made, and certified and delivered by the inspector. Each manifest should contain a description of the merchandise, by marks, numbers, and contents, the route, conveyance, port of destination, names of shipper and consignee. The manifest should be in the form prescribed by the chief of the customs service, with the approval of the military governor. The officer in charge of the lading should see that manifests are furnished for each car or vessel or conveyance, as herein required, and he should certify on the manifest to the lading of the goods, giving the number of the car or name and description of the vessel. One of the manifests should be delivered to the conductor of the car or the master of the vessel, and the other two should be returned to the custom-house without unnecessary delay. The collector should transmit one copy of the manifest by first mail to the chief customs officer of the port of destination. ART. 204. Upon the arrival of the car or vessel or other conveyance at the port of destination examination should be made of the fastenings of the vehicle or craft for the purpose of ascertaining whether or not they have been tampered with. If such fastenings are not intact, or the collector has reason to suspect fraudulent attempts, he should take possession of the vehicle or craft and its contents and report the facts to the chief of the customs service. If there is no.evidence that fraud has been attempted the seals should be removed by the customs. officer and entry of the goods allowed as hereinbefore provided for. ART. 205. Merchandise in bonded warehouse may be examined at any time during the business hours of the port by the importer, consignee, or agent, who may take samples of his goods in reasonable quantities, according to the usage of the port, make all needful repairs of packages, and repack the goods if necessary for their safety or preservation, provided when the original contents are placed in the new packages they shall be marked and numbered as before. ART. 206. Casks containing wines liable to sour may be refilled when necessary for preservation, but the wine used for such refilling must be part of the same importation and must have been withdrawn for consumption with payment of duties.

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70 ART. 207. No samples shall be taken nor any goods exhibited or examined without a permit from the collector and under the supervision of an officer of customs, nor unless by request of the importer, owner, or consignee; nor shall any package be repaired nor goods repacked without a permit, to be granted only when necessary for the safety or preservation of the contents. Goods imported in bulk and not in present danger of deterioration can not be placed in packages while in warehouse. ART. 208. No merchandise shall be removed from a bonded warehouse unless upon a duly signed permit containing the designation of said warehouse, the date of the receipt of the merchandise therein, and the word "deliver" and date thereof, certified by the person in charge of the storage books at the custom-house. WITHDRAWALS AT ORIGINAL PORTS FOR CONSUMPTION. ART. 209. A withdrawal for consumption must be made out in the form to be prescribed by the chief of the customs service, and must be signed by the importer or by a party authorized by him. If by the latter, the original importer must place upon the withdrawal his written authority for the substitution. No oath or declaration is required for withdrawals from bond. ART. 210. On presentation of this withdrawal at the collector's office it shall be compared with the record of the bond upon the warehouse ledger, and if they agree the items shall be entered therein, with the amount of duty thereon. The collector shall fill out a permit for delivery on the following form: WITHDRAWAL PERMIT FOR DELIVERY. Bond No. PORT OF Custom-House, 1-. To the Storekeeper: Duties having been paid. you will deliver to the merchandise described per entry as follows: and which was imported into this district -, 19-, by -, master, from Collector. The officer in charge of the warehouse division shall make upon the permit a statement of storage and labor charges due upon the packages withdrawn from warehouses, class one. After the duties and charges have been paid to the cashier of the custom-house the permit shall be signed by the collector and returned to the importer or his representative for presentation to the storekeeper at the bonded warehouse, who will thereupon deliver the merchandise. ART. 211. All permits received for the delivery of packages from bonded warehouses shall be entered upon thewarehouse books and returned by the storekeeper thereof to the custom-house, stamped

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71 with date of delivery, and due note thereof shall be made upon the storekeeper's record. WITHDRAWAL AT ORIGINAL PORTS FOR EXPORTATION. ART. 212. The withdrawal of goods from warehouse for exportation at the port of original importation shall be made in the following form: EXPORT WITHDRAWAL AT PORT OF ORIGINAL IMPORTATION. Bond No. -. Merchandise intended to be withdrawn from warehouse by and to be exported by him in the -., master, for which was imported into this district by master, from ,on the -day of 19-. ART. 213. If exported by other than the original importer, the same authority shall be required as in case of withdrawal for consumption. The export shall be made under the original mark of importation. Additional port marks may be made by authority of the collector and under the supervision of a customs officer, but both the original and the port mark shall appear in all papers pertaining to the exportation. The withdrawal shall be verified in the following form: DECLARATION ON EXPORT WITHDRAWAL. I, do solemnly, sincerely, and truly declare that the goods, wares, and merchandise described in the within withdrawal, now delivered by me to the collector of customs for the port of are truly intended to be exported by me to the port of as stated in said entry, and by the vessel (or route) therein indicated, and are not intended to be relanded or consumed within the limits of Cuba; and that, to the best of my knowledge and belief, the said goods, wares, and merchandise are the same in quality, quantity, value, and package (wastage and damage excepted) as at the time of importation. Exporter. Declared this -day of -, 19-, before me. Collector. ART. 214. The withdrawal having been duly entered in the warehouse accounts, the exporter shall give bond, with satisfactory security, in a penal sum equal to double the amount of the estimated duties on the goods, to produce the proof required by law of the landing of the same beyond the limits of Cuba, which bond shall be in the following form: EXPORT BOND. Know all men by these presents, that we, as principals, and as sureties, are held and firmly bound unto the Government of the

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72 island of Cuba in the sum of dollars, for the payment whereof to the Government of the island of Cuba we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Witness our hands and seals, at the port of ,this -day of Whereas the following described merchandise, having been heretofore duly imported into Cuba and entered for warehousing in bond, and having been so warehoused at the above-named port according to law, hath been this day entered for withdrawal and exportation in bond, viz (here describe the merchandise by marks, numbers, description, and number of packages, with their contents), which said merchandise is also described in an export entry of this date, numbered -, and is to be exported in the (ship or other vessel, describing the same), known as the (here insert the name of the vessel), whereof is at present master, now lying in the above-named port, and bound for the port of ; and whereas it is intended that the said merchandise shall be exported as aforesaid, under and by virtue of the several regulations of the island of Cuba relating to the exportation of imported goods, without the payment of duties thereon: Now, therefore, the condition of this obligation is such that if the aforesaid merchandise shall in good faith be actually exported and landed abroad according to the true intent and meaning of these presents, and shall not, nor any'part thereof, be relanded at any port or place within the limits of Cuba, and if the certificates and other proofs required by the law and regulations of the island of Cuba, showing the delivery of the same at the said port of destination or at any other port or place without the limits of Cuba, shall be produced and deposited with the collector of customs for the time being at the said port of withdrawal within from the date hereof, then this obligation to be void; otherwise to remain in full force and virtue. SEAL.] -[SEAL.] -SEAL.] Sealed and delivered in the presence of: ART. 215. The bond having been duly executed, a permit shall be issued directing the storekeeper to deliver the goods to the surveyor, which permit shall be as follows: EXPORT DELIVERY PERMIT. PORT OF Custom-House, -, To the storekeeper at You will deliver to the surveyor of the port for exportation by to (here describe the merchandise), imported into this district on the by --, in the -, master, from Collector. ART. 216. The withdrawal shall be transmitted to the proper officer with directions to cause the merchandise described therein to be laden for exportation, indicating such as is to be weighed, measured, or gauged, which directions shall be as follows: PORT or, Custom-House, 19 To the shipping officer: You will examine the goods described in the accompanying withdrawal, and, if found to agree exactly therewith, to superintend the lading thereof on board

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73 the for exportation to of which, when completed, you will make due return. Collector. A special return of the weight, gauge, or measure of the merchandise must, when required, be made to the collector. The export bond will be canceled upon the presentation of a certificate of a collector of customs that the merchandise has been duly landed at port of destination. ART. 217. Foreign merchandise once imported and afterwards exported is dutiable upon every subsequent importation into Cuba, except.as otherwise specially provided for. ART. 218. Entries of merchandise covered by any one invoice may be made simultaneously for both consumption and warehouse. Where an intent to export the merchandise is shown by the bill of lading and invoice, the whole or the part of an invoice not less than one package may be entered for "warehouse and immediate export." In this case the collector may designate the vessel in which the merchandise is laden as constructively a warehouse," in order to facilitate the direct transfer of the goods to the exporting vessel. The same procedure may apply to goods entered for "warehouse and immediate transportation." ART. 219. Any goods, wares, or merchandise in bond or under general order which shall be withdrawn therefrom shall be subject to the rates of duty in force at the time of such withdrawal. ART. 220. All blanks or forms used in the entry or withdrawal of goods in bond shall be furnished at the cost of the interested parties. CHAPTER XXIII. PENAL PROVISIONS AND ADDITIONAL DUTIES. CLASSIFICATION OF PENAL ACTS AND CUSTOMS PROCEEDINGS. ART. 221. Persons committing any of the offenses mentioned in the following articles shall be liable to the following penalties named therefor: 1. If any importer, owner or consignee, agent, or other person shall make or attempt to make any entry of imported merchandise by means of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance whatsoever, or shall be guilty of any wilful act or omission by means whereof the Government of the island of Cuba shall be deprived of the lawful duties, or any portionfthereof, *President's order, Circular No. 31, Division of Customs and Insular Affairs, August 24, 1899.

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74 accruing upon the merchandise, or any portion thereof, embraced or referred to in such invoice, affidavit, letter, paper, or statement, or affected by such act or omission, such merchandise, or the value thereof to be recovered from the person making the entry, shall be forfeited, which forfeiture shall only apply to the whole of the merchandise or the value thereof in the case or package containing the particular article or articles of merchandise to which such fraud or false paper or statement relates. And such person shall, upon conviction, be fined for each offense a sum not exceeding $5,000 or be imprisoned for a. time not exceeding two years, or both, in the discretion of the court. 2. Every person who willfully conceals or destroys any invoice, book, or paper relating to any merchandise liable to duty which has been or may be imported into the island of Cuba from any foreign port or country, after an inspection thereof has been demanded by the collector of any collection district, or at any time conceals or destroys any such invoice, book, or paper for the purpose of suppressing any evidence of fraud therein contained, shall be punished by a fine of not more than $5,000 or by imprisonment of not more than two years, or both. 3. That judges of the First Instance and Instruction shall have, and hereby are given, jurisdiction and authority to take cognizance of the offenses herein enumerated, and hear testimony and make investigations as is now provided by law in other offenses; and if they shall determine from the evidence presented that there is probable cause to believe that the party accused is guilty of the offenses charged against him they shall admit such person to bail, or, in default of good and sufficient bail, commit him to jail to await the action of the criminal court having jurisdiction of the matter, as hereinafter provided. Provided, That the offense shall have been committed in any part of the province in which the judicial district of the judge is located, or That the accused shall have been apprehended in any part of the province in which the judicial district of the judge is located, although the offense may have been committed elsewhere, or That the accused shall have been apprehended out of the island of Cuba and brought into the province in which the judicial district of the judge is located, without respect to where the offense may have been committed. 4. The criminal courts ("Audiencias de 1o Criminal") shall have jurisdiction in all cases herein set forth when the offense shall have been committed in the district in which the court now has jurisdiction, by law of criminal jurisdiction, or without -reference to where the offense shall have been committed, if the accused shall have been apprehended in said district, or if the accused shall have been brought into said district, provided he shall have been apprehended out of the island of Cuba.

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75 5. All laws and parts of laws heretofore and now existing in the island of Cuba which are inconsistent with the provisions of this article as to their application hereto are hereby declared to be null and void. ART. 222. If any merchandise be found on board any vessel which is not included in her manifest, produced as required by these regulations, the captain shall forfeit an amount equal to the value of such merchandise not manifested, and all such merchandise belonging to or consigned to the officers or crew of the vessel shall be forfeited. These forfeitures shall not be incurred, however, if it shall be made to appear to the principal customs officer of the port that the errors and omissions in the manifest were made without intention of fraud or collusion. In such case the master may be allowed to correct the manifest by a post entry. Should any package or article named on the manifest be missing on the arrival of the vessel, or if the merchandise on board does not otherwise agree with the manifest delivered by the master, except as above prescribed, the master shall be liable to a penalty not to exceed $500, in the discretion of the collector; but if it is made to appear to the satisfaction of the principal customs officer of the port that no part whatever of the merchandise on such vessel has been unshipped, landed, or unladen since it was taken on board, except as specified in the manifest, and pursuant to permits, or that the disagreement is by accident or mistake, in such case the penalty shall not be inflicted. ART. 223. No merchandise shall be brought into Cuba, under penalty of forfeiture, from foreign ports in vessels of less than thirty tons gross capacity. ART. 224. Captains of vessels proceeding from foreign ports are liable to the penalties prescribed in the following cases: 1. For failing to have the manifest of the vessel or other documents in order on entering a port, the captain shall be liable to a fine of from $50 to $250. If the captain, on his arrival in port, fails to present said manifest to the boarding officer, he shall be liable to a fine of from $100 to $500. 2. If the manifest lacks any of the requisites set forth in article 77, he shall be liable to a fine of from $10 to $100. 3. For failing to present the required copies of the manifest or other papers required. or in the failure of these to conform to the originals, he shall be liable to a fine of from $10 to $50, and he shall be obliged to produce the missing documents or rewrite the incorrect ones, as the case may be. 4. For failure to present at the custom-houses of ports entered the general manifest of goods in transit, he will pay a fine of from $10 to $50, and he shall be held responsible for the presentation of the copy of the general manifest which the custom-house of the port in transit shall request from the custom-house of the port of origin.

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76 5. For all differences, in excess of twenty-five per cent of the actual weight, resulting in the gross weight of the packages declared in the manifest, which shall serve as the basis for the assessment of duties, the captain shall be liable to a fine of from $10 to $50. 6. For changing anchorage in port without the permission of the custom-house the captain shall pay a fine of $50. 7. For failure to present the log book and other papers on request of the boarding inspector on board of the vessel, he shall pay a fine of $50, and he shall not be permitted to clear until he has produced the said documents. 8. For failure to present, immediately upon arrival at port, the statement of passengers and the number of pieces of baggage brought by each, he shall be liable to a fine of from $10 to $100. 9. For all provisions and supplies not contained in the note of provisions, he shall pay double duties. 10. When the straps or seals placed on the hatches and bulkheads of the vessel are found raised or broken, except in cases of accident, the captain shall pay a fine not to exceed $500, without prejudice to his liability to such other penalties thus incurred. (See article 119.) 11. If the straps or seals placed on the packages on board are found broken, the captain shall be liable to a fine of from $10 to $50 for each strap or seal so broken, and shall be subject to such other penalties as may have been incurred. 12. For removing from the vessel without the permission of the custom-house any packages which are contained in the manifest, he shall pay an amount equal to double the value of the merchandise. 13. For disembarking persons or discharging goods at points different from those designated by the authorities, in the event of a vessel being ordered into quarantine, the captain shall pay a fine of $100, in the case of passengers, or double the value of the goods in the case of merchandise. 14. For failing to state in the manifest the increased tonnage of a vessel through being lengthened at a foreign port, or for omitting to note in said document the repairs made and the materials employed in the same, the captain shall be liable to pay double duties assessable on said repairs. ART. 225. Penalties shall also be incurred in' the following cases and amounts: 1. When smaller boats engaged in the discharge of vessels come alongside of vessels other than the one that they are discharging, or delay in transit, or make landing at a point different from that designated for the discharge, the captain of such boat shall pay a fine of from $5 to $10, without prejudice to the responsibility of said captain, or other persons, to such penalties as may be incurred for other misdemeanors connected with the above. ART. 226. The consignees of merchandise shall be subject to pen-

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77 alties or additional duties in the amounts and in the cases hereinafter expressed: 1. Merchandise of prohibited importation, whether declared as legal or not, shall be seized and confiscated. 2. If the appraised value of any merchandise shall exceed the declared value thereof, there shall be collected, in addition to the regular duties imposed by law on such merchandise, a further sum equal to one per cent of the total appraised value for each one per cent that such appraised value exceeds the declared value; and if such appraised value shall exceed the declared value by more than fifty per cent, except when arising from a manifest clerical error, the entry shall be held to be presumptively fraudulent, and the goods shall be seized and forfeited to the Government. 3. If the declared weight of merchandise shall be exceeded by the actual weight by a difference of from one to fifteen per cent (both inclusive) of the total weight of the goods, additional duties may be imposed, in the discretion of the collector of customs, they not to exceed one per cent of the total duties on the merchandise for each one per cent of difference between the declared and actual weights. Such additional duties will not be imposed by the collector of customs in cases wherein he is satisfied that the difference occurred in good faith. When this difference exceeds fifteen per cent of the total weight of the merchandise, but does not exceed fifty per cent of said total weight, one per cent additional duties shall be imposed for each one per cent of difference between the declared and actual weights. When this difference exceeds fifty per cent of the total weight of the merchandise, the declaration shall be held to be presumptively fraudulent, and the merchandise shall be seized and forfeited to the Government. 4. In all cases of additional duties, mandatory or discretionary, actually imposed, there shall be no remission thereof except with the written approval of the chief of the customs service at Habana, to whom an appeal in writing can be made, whose decision in the matter shall be final. 5. Firearms, gunpowder, cartridges, dynamite, and all classes of explosives and munitions of war found maliciously concealed on board of any vessel, or not contained in the manifest, shall be seized, and the captain shall be liable to a fine not exceeding two thousand dollars. 6. For failure to pay the amount of the liquidated duties within three working days after public note of its liquidation has been given in the custom-house, the consignee will pay five per cent surtax on the amount constituting the debit. This penalty is independent of the amount to be imposed according to article 115 of these regulations, for storage dues for the period of time the merchandise has remained in the custom-house after the prescribed number of days from the date of discharge.

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78 ART. 227. Merchandise brought by passengers shall be liable to seizure when the same is found concealed on their persons, or otherwise, with evident intent to defraud the customs. ART. 228. Those persons exporting national products by sea shall be liable to penalties in the following amounts and cases: 1. For embarkation at ports of entry of any merchandise without the permission of the custom-house, they shall pay from one to ten dollars fine, in the judgment of the collector of customs; and if the shipment has been made at a port which is not a port of entry, they shall pay a fine of from fifty to one hundred dollars, and the vessel shall be obliged to provide itself with the necessary documents for the cargo on board, at the nearest custom-house. 2. When captains of vessels put to sea without having first complied with all the requisites and formalities established in these regulations they shall be liable to a fine of fifty dollars, which shall be levied upon their consignees, who are held subsidiarily responsible for the fines and duties payable by captains. ART. 229. In entrances and clearances in the coasting trade between ports of Cuba the following penalties shall be incurred in the amounts and cases hereinafter expressed: 1. For shipping any merchandise coastwise, without a permit from the custom-house or other qualified authority, the shipper shall be liable to a fine equal to the value of the merchandise. 2. When foreign merchandise is found on board of a vessel, without the necessary documents corresponding thereto, the captain shall be liable to pay double the amount of the duties for which they are liable in each case. 3. When foreign merchandise is found on board of a vessel without the necessary documents corresponding thereto, if the same be free of duty, the captain shall be liable to a fine of from $5 to 850. 4. For failing to give notice of the arrival of his vessel, although in ballast, to the collector at the port of entry the captain shall be liable to a fine of from $5 to $50. The captain or consignee, as the case may be, shall be liable to the same penalty without prejudice to their liability to such other penalties as may be applicable under these regulations for the mere act of unlading merchandise of any kind at a port which is not an authorized port of entry. ART. 230. In the transshipment of merchandise the parties engaged therein shall be liable to penalties in the following amounts and cases: 1. For transferring dutiable merchandise from one vessel to another without the permission of the customs officials the captain shall pay double the amount of the duties corresponding thereto under the tariff. 2. For the same offence, in the case of national merchandise free of duty and any other charge, both the captain delivering and receiving

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79 the same shall be liable to a fine of from $10 to $50 in the discretion of the collector of customs. 3. For differences in packages or in merchandise in bulk which are found not manifested during the operation of transshipment, see article 156. 4. When smaller boats engaged in carrying merchandise in packages or in bulk to be transshipped lay alongside of a vessel or place other than that to which the said merchandise is destined, see article 156. ART. 231. The consignees of merchandise to be deposited in bonded warehouse who fail to present the corresponding declarations within the prescribed period of time must enter the same for immediate consumption. ART. 232. Any person or persons not employes of the Cuban customs service who shall wear the uniform of that service shall be liable to a penalty of $100 upon conviction by a correctional court. ART. 233. No fine or penalty prescribed in these regulations shall be considered to exempt the parties so fined from such other legal proceedings as are provided for in these regulations. CHAPTER XXIV. UNITED STATES ARMY-TRANSPORT SERVICE. ART. 234. All transports arriving from the United States at any of the ports of the island of Cuba shall comply with the following rules and regulations in regard to their passengers and cargo: First. The personal baggage of all enlisted men and officers of the United States Army, containing articles solely for the use of themselves or their families in reasonable quantities, to be determined by the collector, shall be admitted free of duty. The personal baggage of all civilians carried as passengers upon United States transports shall be subject to the rules and regulations governing passengers landing from foreign countries. Second. It shall be the duty of the quartermaster in charge of any United States transport to present to the custom-house at the port of entry a manifest in duplicate containing, specified separately, first, all merchandise on board of said transport which is public property of the United States; second, merchandise for charitable purposes; third, all property of civilian employes of the Government; fourth, all property of officers and enlisted men serving in Cuba; fifth, all property of private individuals. Third. It is further the duty of the quartermaster to issue to each of the above-named parties a bill of lading covering all such merchandise. Fourth. Upon arrival of the transport at any port in Cuba from a foreign country it shall be the duty of the quartermaster in charge of said transport to deliver to the collector of customs such manifest,

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80 duly certified by himself to be correct, which manifest, if merchandise on board be consigned to several ports of the island, shall be returned to the quartermaster containing the certification that all goods belonging to that port have been unladed in conformity, and the quartermaster shall deliver the manifest to the collector of customs at any subsequent port for which the transport carries freight from the United States. CHAPTER XXV. PROTESTS, ART. 235. Importers who are dissatisfied with the valuation or classification of merchandise as fixed by the collector of the port shall pay the duties imposed, but may file before or at the time of payment, and not later, a written protest and appeal, stating briefly the value or classification which it is claimed should have been established. ART. 236. The board of appeals, Cuban customs service, appointed by the collector of customs for Cuba, and consisting of not more than five nor less than three members, shall consider such protests against the classification of merchandise and assessment of duty as may be forwarded to it by the chief of the customs service. A majority of the board shall constitute a quorum for the transaction of business. Protests shall be prepared and submitted in accordance with the rules hereinafter given. ART. 237. The board shall give opportunity to each .protestant to present evidence in support of their claims, and shall direct the production before it of such other evidence as may be deemed relevant to the case. ART. 238. The board shall keep a full record of its proceedings, and shall submit in writing its findings in the case of each protest to the chief of the customs service for action by him. All protests must state in detail the nature of the claim and the paragraph of the tariff under which classification is claimed. Irrelevant and prolix protests or protests that fail to point out distinctly and specifically the precise objection of the person protesting in respect to each entry or paragraph of an entry, his reasons therefor, and protests which do not cite paragraphs of the tariff, will not be entertained, nor will any protest be entertained on excessive sea stores. ART. 239. The parties making protests are therefore particularly cautioned that they must present to the board of appeals all documents upon which they rely for the support of their claims. All opinions of the board of appeals should be governed by the vote of a majority of the members of the board. ART. 240. Whenever a case before the board of appeals has been heard, a vote thereon shall be taken, which shall be final and conclusive, unless before the end of the session a majority of the board shall vote to reconsider the same.

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81 ART. 241. The following shall be the regulations for the preparation and presentation of all protests: All protests shall be addressed to the collector, containing name of vessel, number of entry, number of carta de pago, number of the manifest, number of the liquidation, name of the appraiser making the appraisal, and the address of the protestant. All protests must be accompanied by samples whenever possible, which samples shall be identified by the signature of the appraiser, the number of the entry, and the name of the protestant. Protests must be written in English or Spanish, and must be perfectly legible; without which necessary requisite they will not be accepted. The decision of the protests will be communicated to the protestant in writing, and all information in relation thereto will be furnished and received by the secretary of the board of appeals. In conformity with the provisions of these regulations, no protest against the assessment of duties shall be received unless presented in writing by the importer before or at the time of the payment of duties. All protests that have been acted upon by the board of appeals will, together with the action of the collector of customs for Cuba, be forwarded to the military governor for final decision. ART. 242. Protests against the decisions of collectors of subports shall be prepared as above, directed and transmitted by such collectors to the collector of customs for Cuba. CHAPTER XXVI. REVENUE-CUTTER SERVICE. ART. 243. The duties of the revenue-cutter service shall be the protection of the customs revenue, the assistance of vessels in distress, the enforcement of the neutrality laws, of laws pertaining to quarantine, of the laws governing merchant vessels, the protection of merchant vessels from piratical attacks, the protection of wrecked property, and such service as may be specially directed by the collector of customs for Cuba. The cruising ground of revenue vessels shall be designated from time to time by the collector of customs for Cuba. ART: 244. It shall be the duty of officers of revenue vessels, whenever possible, to board vessels arriving within the waters of the island of Cuba or within four leagues of the coast thereof if bound for Cuba, to search and examine the same, to demand, receive, and certify the manifests required of them by law, to seal the hatches and other communications with the cargo, and, where necessary, to place an officer on board to remain until arrival at the port of destination. 23076-01-6

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82 ART. 245. Particular watchfulness shall be observed with respect to vessels destined for ports above the entrances of rivers or other waterways whose shores may afford opportunities for smuggling. ART. 246. Officers of revenue vessels shall arrest persons found violating the laws by breaking bulk or landing any part of the cargo of a vessel not in distress or under unavoidable necessity, before a custom-house permit has been obtained. CHAPTER XXVII. CUSTOMS DISTRICTS. ART. 247. The coast line of the island of Cuba shall be divided into fourteen customs districts, as follows: Habana.-From junction of Habana and Matanzas provinces, on north coast, westward around tCape Antonio to junction Matanzas, Santa Clara, and Habana provinces, on the south coast. Subport of Bataband and Nueva Gerona, on the Isle of Pines, included herein. Matdnzas.-From junction of Habana and Matanzas provinces, on north coast, to Cabo Hicacos. Odrdenas.-From Cabo Iicacos to junction of Matanzas and Santa Clara provinces, on north coast. Sagua.-From junction of Matanzas and Santa Clara provinces, on north coast, to Rio Sagua la Chica. Caibarien.-From Rio Sagua la Chica to junction of Santa Clara and Puerto Principe provinces, on north coast. Nuevitas.-From junction of Santa Clara and Puerto Principe provinces, on north coast, to junction of Puerto Principe and Santiago provinces, on north coast. Gibara.-From junction of Puerto Principe and Santiago provinces, on north coast, to Cabonico y Lebisa. .Baracoa.-From Cabonico y Lebisa to Punta Maisi. Guantidnamo.-From Punta Maisi to Rio Baconao. Santiago.-From Rio Baconao to Cabo Cruz. Manzanillo.-From Cabo Cruz to junction of Puerto Principe and Santa Clara provinces, on south coast. Santa Cruz.-From junction of Santiago and Puerto Principe provinces, on south coast, to junction of Puerto Principe and Santa Clara provinces, on south coast. Tunas de Zaza.-From junction of Puerto Principe and Santa Clara provinces, on the south coast, to Rio Agabama. Trinidad.-From Rio Agabama to Rio San Juan. Oienfuegos.-From Rio San Juan to junction of Santa Clara, Matanzas, and Habana provinces, on south coast. Subports of entry nlay be established by order of the military governor of Cuba.

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INDEX. A. Article. Abandoned goods, proceeds of, not to be returned to owner.---------109,110 wreck, merchandise of, who is owner--.-. _--------._. 161 Abandonment, implied, described -----------------------------------157 must be so declared in writing by collector of customs----158 of merchandise exempts from payment of duties-------110, 157 Abatement of duty on dead animals -------------------------------174 Accidents at sea to be reported by captain to surveyor--------. ----81 to goods, how invoices are affected thereby -------------------103 Accounts must be submitted to proper inspection ---------------------13 principal customs officers required to keep --------------------13 public property to be accounted for as prescribed by military governor----. -----------------------------------14 of.bonded warehouses to be examined ----------------------192 of money Secretary of War may require--.---.--.--.--. 14 to be rendered in proper form ------------------------------14 Accurate returns to be made by appraiser -----------------------. 131 Acting collector of customs. .------------------------3 Correspondence of, how transmitted-_ ------5 To render reports ----" ---. --5----------5 Who may be appointed -------.-------------------3 Additional duties ----------------------------------------------224 assessed against consignees, when --------------------226 Additions to manifest null and void --------------------------77 Addressee of letters containing merchandise required to appear at post-office 141 Admeasurement of vessels for registry to be performed by surveyor ------22 Advertisement of sale, how paid for-.-.------.----------------110 Ad valorem duties, how calculated ---------------------------------100 market value of goods, basis of------.----------100 merchandise subject to --------------100 wholesale price, basis of --------------------------100 to include value of container ---------------------100 Affidavit, false, penalty for -.--.---.-------.-----. .221 Agents of consignees -.--. ..-------------------------------------.----93,97 marine insurance companies, when considered consignees .-----94 vessels, when allowed to board -----------------------------65 Alcoholic liquors for post exchanges not free ----. .---------------69 Allowances for damage and short shipments not allowed ----------------172 Alterations in bonded warehouse, provisions for --------------------190 require new bonds ---------------190 Altered receipts must be investigated -------------------------------44 Amended returns of weights must be checked or signed by weigher-------58 approved by surveyor --------------58 original figures not to be erased.------------58 83

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84 Article. American consignments renounced, procedure for-------------113 flag,what vessels may fly--.----------------------179 Ammunition not to be carried on vessels engaged in coasting trade.-. ---179 Amount of bonds of employees to be determined by collector -------------62 duty on baggage that may be remitted .------------------. 72 Anchorage, place of, to be indicated by port authorities .-.-80 Anchoring place, procedure on entering.----------------------.--78 Animals imported, claim for damages to .-------------------------174 Appeals provided for--_. -_ __ 17 Appels povied fr----------------------------------------1 Application for establishment of bonded warehouse --------------------188 permit for transfer of merchandise ---------------------156 vessels to engage in export trade ..----------147 to enter goods without invoice __-----------------------104 collector of customs to export for repairs ....-----------73 Appraisal of merchandise, expenses of, how to be paid-...--. .------110 goods admitted free are to be appraised --------129 how made where there is no appraiser ---------137 letters, accounts, and invoice must be produced. 137 oaths may be administered for-------.-. 137 order for, to be issued .----------------------131 samples must be submitted to collector -. -.-. 134 when to be made --------------------------112 where to be performed .---.---------73,135 who may be present at-.-.-.--.---.-. --_. 73 Appraisers, division of appraisers --------------------------------129,130 information to be furnished by, to collectors ------.------133 may demand the production of documents -----------------137 examine importers under oath -.--.-.137 must apply paragraphs, rules, etc., of tariff ---------------181 closely inspect all articles_---.----.------.-----134 observe rules of collector of customs for Cuba ----------131 report to collector of customs ---------------------133 verify prices on entry with market value .-----------132 the representative of collector of customs -----------. -------129 responsible to collector for correct appraisal----------------131 to describe merchandise, bow ---------------------------132 report in writing to collector -----------------------132,133 supervise appraisal of all merchandise-----------------180 under control and direction of collectors --------------129, 1832 Appraiser's store to receive samples of cargoes in bulk------------------40 warehouses, persons excluded from --------------------73 Approval of surveyor required on amended return of weights-------------58 Arms not to be carried on coasting vessels ---------------------------179 Arrests may be made by masters of light-house tenders ----------------34 Arrest of persons violating the law ---------------------------------246 Articles known as oleomargarine----------------------------------71 purchased by Departments of Government dutiable -------------70 which may be exported for repairs ----------------------------73 Artificial butter to be branded as oleomargarine ------------------71 Assistant weighers to be assigned to duty by weigher -------------------53 Attacks by pirates, how guarded against .-----------------------243 Auction sale of goods not duly entered -------------------------107,109 Audiencia de lo criminal, jurisdiction of ----------------------------221 Authority for withdrawal of bonded goods --------------------------208

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85 Article. Authority of customs agents, how secured -------------------. .-93 Authorization of consignee's clerks necessary --------------------------93 to open all packages---------------------------------67 concealed spaces ------------------------67 destroy falsetbottoms6------------7---------------7 partitions-------------------67 bulkheads.-------------------------.-67 Average weight of steel rails, how to be secured ----------------------59 B. Baggage, duty on, not to exceed $1 may be remitted ---.----72 examination to be made in presence of owner ------------------138 landed before persons are permitted to board vessels-.-----. 65 list of, to be produced_.-.-----------------.----------80 of officers and enlisted men admitted free.---------------234 of passengers, how landed ---__--------------------------122 owner of, to be examined --------------------------------138 permits to be entered in discharging book .---------51 unclaimed, how disposed of-----.-------------.-------138 when examined --------------------------------------138 when passengers are to be searched--------------------.---138 when sent to warehouse .---------_ ---------------138 Ballast must not be taken on board while vessel is unloading ---45 Banker, when considered as consignee--------------------.-.---------.-94 Basis for computing periods granted for customs operations -.--.-83 of classifications made by appraisers---134 Barges, general bond for ----------------------------------------199 Beam of scales, how to be poised -----------------------------------57 to be kept clean ------------------------------------57 to be tested frequently -----------------------------57 Bills of lading made to order to be stated in manifest --------. -----------87 may be transferred by indorsement --------------------94 necessary for all transport shipments----------------234 to accompany entries --------------------------------98 to be indorsed to importer -------------------------98 Blank dock book for weighers --------------------------------_ --55 how to be kept---------------------55 spaces in manifests to be "lined "------------------------_.-77 Blanks used at the expense of the interested party -------------.220 Boats not allowed to go alongside vessels in port -----------------------65 Boarding inspectors, duties of____.---------------------------_ .31 must ascertain name of vessel and master -----------31 board all vessels coming from foreign ports ----. 31 certify the manifest of cargo _-------------31 examine documents relating to vessel and crew. 31 have charge of vessel until permit for unlading is granted and a discharging officer is assigned to vessel--------------------------------31 learn name of port of departure of vessels boarded. 31 seal hatches and openings when necessary-----31 verify manifest of cargo by actual examination. 31 Board of Appeals, action to be forwarded to collector of customs for Cuba242 appointed by collector of customs -. ----------------236

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86 Article. Board of Appeal, decisions reached by majority vote-.-------------239 how appointed ----------------------------------236 majority of, constitutes a quorum -.---------------236 to consider protests -------------------------------236 hear evidence of protest-----------------------237 keep full record of proceedings --------------------28 submit findings to chief of customs service----------238 vote of, to reconsider decisions--------------------240 Bond, amount of, to be determined by collector-------------_ --62 class of surety for------------------------62 for establishment of warehouse. -------------------------------188 form of, to be prescribed by collector----------------------_ -62 must be good and valid --------------------------------------61 necessary for night discharge of vessels-----------------------118 new, when required ---------------------------------------189 object of -------------------------------------------------61 of customs employees-------------------------------------_ 61 agents -----------------------------------------93 to be registered -------------------------------------------93 required for export of bonded goods----------_-_-_---------214 to be executed before collector -------------------------------188 given by owner of vessel engaged in coasting trade-----------179 for production of invoice------------------------_ 104 who are to furnish----------------------------------------61 Bonded goods, how transferred ------------------------------------202 liable for duties in force at time of withdrawal ----------219 must be warehoused by shipping marks -----------------195 must be numbered consecutively------------------.---195 period allowed for storage of ---------------------------193 merchandise to be noted on manifest.-.-----.----------.123 privilege not to be abused .-----------------123 stores to be guarded by night inspectors.-----------------------35 warehouses, classes of --------------------------------------184 may be discontinued, when --------------192 under customs locks----------------------------186 Book of weights to be filed within six days after discharge of vessel-. -..56 Books to be kept by district inspectors -. ------------------25 of bonded warehouses to be examined .19-------------------192 Broken seals, penalties for. --------------------------------------24 to be reported to collector of customs ----------------. 119 Building, part of, may be bonded ---------------------------------186 Bulk cargoes, how treated ----------------------------------------40 Bulkheads of vessels may be destroyed-----------------------------67 Bulky articles may be stored in warehouses of class 3. -..-----------187 Bulletin board of custom-house---.-------------------------------89 purpose and object of.--------------------------------89 Butterine to be branded as oleomargarine----------------------------71 C. Cancellation of export bond ---------------------------------------216 Capacity of vessels in which importations may be made-----------------111 Captains entering port through stress of weather shall present copies of manifest ---------------------------------------------77 must keep record of payments of foreign tonnage dues----------180

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87 Article. Captains, name to be given in manifest-----------------------------77 of steamships to make oath of truth of manifest. .----117 to notify collector when ready to sail.---------------------153 Cargo and manifest must agree-----------------------------------76 for immediate delivery, where landed-------------------------115 in bulk, how entered in manifest----------------------------_ 77 how treated ---------------------------------------40 lost at sea to be reported to surveyor_-.----------------------81 manifest of, sworn to by master -------------------------------75 must not be taken on board while vessel is discharging ------------45 of coastwise vessels, when considered foreign -------------------166 contraband vessel to be sent to custom-house-----------------128 each vessel, weight of, separate book for each-------------_ -56 transport -. ------------------------234 vessels engaged in coasting trade may be examined -------------179 to be accounted for before clearance is granted ------------------90 checked out by marks and numbers-----------------------50 discharged at different ports ------------------------------84 examined by boarding inspectors -------------------------1 landed under supervision of inspectors .--------------------115 transferred to be accounted for by coast inspector--_33 removed at night, how done ---------------------------------5 when it may be reloaded.-----------------------------159 Carriage of merchandise by custom-house to be charged against same-----67 Cartmen transporting dutiable goods must produce license ------------43 Carts, general bond for ---------------------------199 Casks of wine in bond may be refilled -------------------------------206 Casualties to vessels to be reported-------------------------------163 Cashiers of custom-houses to record payment of foreign tonnage dues-----180 Cattle may be landed without delay ---------------------------------121 Causes of entrance through stress of weather must be stated -------------159 Certificates for delivery of goods----------------------------------50 lading -------------------------------------------216 unlading vessels ------------------------------------159 of clearance-.--_------------_-_-------__-_ 153,168,179 collectors of payment of tonnage dues -------------------181 consuls----------------------------------------75,99 deposit of ship's papers------------------------------75 draymen --------------------------------------------43 health of cattle------------------------------------121 lightermen -----------------------------------------43 payment of foreign tonnage dues-.-------.-----------180 seizure -------------------------------------------128 shipments "in part" ----------------------------------28 of merchandise----------------------------27 surveyor of the port of necessity for unlading -----------_ 159 weighers and gaugers -------------------------------27 weights ----------------------------------------60,120, withdrawal for export -------------------------------214 value of coin9----------------------------------------9 Changing anchorage, penalty for_____------------_ -----------224 Character of merchandise to be given in manifest ----------------------77 Charges due on unclaimed goods, how to be paid -----------------------110 to be paid from sale of warehoused goods__---------------_ 110

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88 Article. Charity, shipments devoted to, must be manifested------------------234 Chief inspector to assign night force to duty --.-----------------37 see that orders of surveyor are obeyed -------.---. --37 make daily reports------------------------------37 supervise night inspectors -------------------------37 of customs service ------------------------------------------2 authority of, how conferred ---------------2 duties of -------------------------------2 must be an officer of the Army -----------------2 title of_. -----------------------------------2 under orders of military governor --------------2 Chiefs of departments to give receipts for declarations -----. ------------112 Chronometers may be landed for repairs under bond-----. 122 Cigars brought by passengers may be entered free--------------------122 Circular No. 31, Division of Insular Affairs .,-----------------.71, 221 Circumstances calling for surrender of coasting permit -----------------178 of entrance through stress of weather must be stated----159 Citations for captains, how served ----------------------------------88 Citizens and police to aid night inspectors -----------------------------36 Civilian passengers on transports, regulations for----------------. 234 Claims for damages not allowed for injury caused in searching vessels. -67 Classes of bonded warehouses --------------------------------------184 Classification of merchandise to be decided by customs inspector of Habana .17 Clearance certificate to be presented to consul ------------------------75 issued by collector----------------.-75 of vessels, when permitted-----------------.------.------90 not permitted till cargo has been discharged--.------90 papers to be produced by masters --------------------------75 permits for coastwise vessels --------------------------168 Clerical errors may be corrected .--.--186-------------136 Clerks of consignees ---------------------------------------93 Coal may be stored in warehouses of class three---------------------187 must not be taken on board while vessel is discharging --.--------45 on vessel to be entered in report of discharging inspector--------51 Coasting permits must be approved by military governor..-------177 when renewed---------------------178 trade of Cuba, what vessels may engage in. ..-------------------177 vessels to be examined and record made thereof ---------.-25 Coast inspectors-----------------------------32 must keep account of cargo transferred ---.-83 make two manifests of transferred cargo ----.33 proceed to location of wrecked or stranded vessel _. -32 protect interests of the revenue ------------------32 purpose of appointment -----------------------------32 to guard wreck or stranded vessels. -.----------32 oversee all merchandise landed -------------------32 report facts of wreck to surveyor ---------'---------32 when to take charge of goods landed from wrecked vessels_ 32 surveillance ----------------------------------------64 when it begins------------. .--------------64 terminates --.--------------------------------64 where exercised .----------------------------------64 Coastwise trade described ..----------------------------------------166 what vessels may engage in ..--------------------------166

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89 Article. Coastwise vessels can not touch at foreign ports--. .--------------. 166 clearance of ------------------------------------168 Coins of the United States to be received for duties--.--------------99 Collection district, on entering, manifest to be produced .-----------79 Collector of customs, all doubtful questions to be referred to collector of chief port_ ----------------------------------15 directed to perform certain duties formerly belonging to United. States consuls -----------------------15 civil officials may be appointed to act temporarily as acting collectors -------------------------_ 3 correspondence of, how transmitted ----------------5 holds possession of all merchandise until duties are paid 18 is the chief officer of the customs district-----------18 lashes of subordinates, not liable for ----------------19 may annul authority of clerks--------------------93 appoint deputy collectors -------------------21 extend period of 90 days for entry of merchandise 107 issue permission to engage in coastwise trade. 167, 177 remit duties not to exceed $1 ----------------72 must certify or order certification of balances after due examination ---------------------15 declare merchandise abandoned in writing --158 indorse their views on all documents submitted for that purpose-------------------------15 require all subo: dinates to comply with customs laws, regulations, and all orders--------15 see that register of collections is correct ---15 not liable for losses occasioned by their official acts. 19 officers of the Army to act as---------------------3 renunciation of consignment addressed to -----------94 required to comply with these regulations, the customs laws, and general and special orders --------15 shall appoint the employees of the respective customs houses ------------------------------15 forward all reports required by superior authority -----------------------------------15 require cashiers and employees to make deposits punctually in public treasury----------------15 safeguard moneys while in their possession.-16 see that all duties, taxes, and imposts are collected at the proper time -------------------15 to designate employees who are to be bonded ---------61 file and stamp manifests-----------------------82 authorize discharge of vessels -----------------115 be notified of liens for freight---------------114 certify to duplicate manifest-----_-----.-153 countersign permits to engage in coasting trade.177 decide all questions raised in the dispatch of merchandise --_-15 direct appraisers ---------------------------132 examine all entries---------------------------101 fix bonds of customs agents -------------------93 furnish certificates of weight --------------------60 have custody of merchandise unladen in distress -159

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90 Article. Collector of customs to inspect oleomargarine------------------------71 issue certificate based on statements relative to seizure of contraband vessels --------------128 clearance to vessels----------------------75 keep registry of authorization of clerks ----------93 order delivery of abandoned goods--------------110 post notices on bulletin board -----------------89 prescribe interior regulations of the respective custom-houses -----------------------------15 receive consular certificate of deposit of ship's papers -----------------------------------75 render reports -------------------------------5 require correction of all erroneous entries--------101 sell goods not entered within ninety days after importation --------------------------------107 send goods to general order stores, when --------.87 take possession of all unclaimed goods -----------52 goods not discharged at proper time-----------------------52 vessels are subject to his authority while in port-_---18 Combined warehouse and transit bond -----------------------------201 Commercial code to govern disposal of renounced consignments -----------113 Common carriers, bond of, for transportation of goods in bond -----------202 must report arrival of goods at destination------------201 of goods in bond, liability of __ ----------------------123 Companies, marine insurance, when considered consignees ---------------94 Compensation allowed for working at night--------------------------118 Competent tribunal to determine salvors' interest in wrecked goods ----161 Compounds of butter to be known as oleomargarine--------------------71 Computing periods for customs operations, basis of ---------------------83 Concealed merchandise, how disposed of when penalties are not paid -----157 spaces on vessels may be opened---------------------------67 Concealment of books or papers, penalty for--------------------------221 Conditions calling for surrender of coasting permit --------------------178 Conductors of cars to receive manifests from district inspectors ----------27 Confiscated merchandise to be sold --------------------------------108 proceeds of, to be delivered to collector-.--------108 Confiscation of goods not duly passed at custom-house -----------------106 Consignees, classes of --------------------------------------------92 may employ clerks for customs operations -----------93 Consignee of vessel to be given in manifest ---------------------------77 when not found, procedure .-------------------113 who is so considered -----------------------------------94 of goods consigned to order-------------------------------94 Consignment may be admitted or renounced --------------------------94 renounced, procedure for ------------------------------113 Consular certificates, when not required -----------------------------78 to show value of foreign coins--------------------99 Consuls allowed to board incoming vessels ----------------------------65 methods of, for certifying to manifests ------------------------77 of a friendly nation to certify invoices of goods shipped to the United States -----------------------------------------15 nation of contraband vessel to be notified of seizure -----------128 to be advised of abandoned merchandise----------------------113 &

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91 Article. Consuls to receive ship's papers -------------------------------------75 when considered as owner of merchandise--------------------113 Consumption permit must agree with entry .----------------------98 to be entered in the discharging book----------------51 Container, value of, to be included in assessing ad valorem duties --100 Contents of liens for freight ---------------------------------------114 packages to be marked ---------------------------------105 manifest ---------------------------------------------77 Contraband merchandise not to be exported-----------.---------.------91 vessels, all hatches to be closed and sealed -------------------128 Copies of declaration must agree -----------------------------------97 landing permits to be made _-----------------53 manifests for partial discharges ----------------------------84 general manifests to be presented at each port -----------------84 certification of ------------------------------------------84 Corporations may furnish a general bond ----------------------------199 to forfeit all oleomargarine not branded-----_ --. -. 71 Correct returns must be made by appraiser ----------------------------131 Corrections in manifest not certified, null and void------------.-. 77 of manifest, when permitted -----------------------------76 Correspondence of collectors and acting collectors to be transmitted through office of principal customs port -------.-. .-5' Cost of sending goods to warehouses to be avoided, when ----------------41 Country of final destination of exported merchandise to be stated --------150 Cove, when entered by vessel, manifest to be delivered to inspector -----78 Crafts entering wrecked goods must manifest cargo --------------------161 Crew, documents relating to, to be examined by boarding inspector--.--. 31 of vessels engaged in coasting trade may be examined ------------179 Criminal courts have jurisdiction in customs cases -. ..--------------221 Cruising ground for Revenue-Cutter Service -------------------------243 Cuban productions are to be entered free.161-----------------161 vessels authorized to clear for foreign ports -.---------. 179 in ports of United States subject to section 2497 of Revised Statutes ---------------------------------------179 only to engage in coasting trade-------------------_ .166 wrecked, not dutiable --------------------------------161 Customs agents to furnish bond --------------------------93,97 duties collected by postmasters, when------------.-------142 employees-Inspectors, all goods seized to be sent to the public stores ----------------------------24 assigned to-duty by surveyor -------.-24 forbidden to perform any private or unofficial duties on board vessels ----------24 must ascertain whether incoming vessels are provided with signal lights _24 send receipts and reports to surveyor --------------------24 take receipt of storekeeper for such goods-----------------------24 on special service, required to wear uniforms, where----------------------24 to be appointed by surveyors --_.----24 superintend unlading of vessels at night --------------------------5

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92 Article. Customs employees-Inspectors, when collector may appoint ---------. -24 Customs districts, description of ---------------------------------5,247 Custom-houses, description of ------------------------------------1 for what purpose established-------------------------_ 2 how established -----------------------------------1,4 looks, where to be used -------------------------------39 of second class ---------------------------------2 two classes of ----------------------------------Customs officials, duties of. collection of duties ---------------------------------6 fees ----------------------------------6 penalties '-----------------------------6 compilation of returns of commerce, navigation, and immigration ---------------------------------------6 disbursement of public moneys -------------------6 documenting of vessels.--.-.--------------------6 exclusion of foreign vessels from coastwise trade-------6 immigration laws, enforcement of ---------------------6 maintenance of laws -. .-------------------------------6 treaties .------------------------6 must warn and advise .----------------------------8 prevention of smuggling --------------------------6 securing lawful revenue---------------------------6 suppression of smuggling ---------------------------6 use and preservation of public property ----------------6 Customs operations, who may perform--------------------------93 surveillance, by whom exercised__-.-------------------66 in jurisdictional waters -------------------------66 in ports --------------------------------------66 where exercised -------------------------------66 D. Damage can not be claimed for losses occasioned by examination of vessel-67 of merchandise, no allowance for---.---------------------172 to goods incurred on voyage, no allowance for--.-. .-------110 Date manifest is received to be stamped thereon----------.------.-82 of landing goods from vessel to be noted in discharging book--. ---51 warehousing must be placed on all bonded packages-------------195 Dead animals, abatement of duty on -------------------------------174 Death of consignee, effect of .__----------------------------.157 parties to a bond to be reported to military governor --------. -189 Declarations and oath of consignee-------.-.-.--.---.__.-.-__ _--_ 97 copies of, must agree ---------------------------------97 of abandonment, when not necessary ---------------------157 wrecked merchandise--------------------------163 to be compared with manifest, invoice, and bill of lading--112 delivered to chiefs of departments ----------112 noted in register -.----------------------. 112 numbered ---------------------------112 sworn to for supplies for post exchanges ------------------69 Decisions of collectors of subports to be forwarded to collector of customs for Cuba -------------------------------------------241 Definition of printed matter --------.------.----------------145

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93 Article. Deliveries of goods from any vessel must correspond to landing permit for same----------------------------------------------------23 Delivery of merchandise to be made in open day-. .------------. ._118 Deposit of ship's papers ---------------------------------------.---179 Derelict merchandise is dutiable .---------------------------161 Description to be made of unshipped merchandise ---------------. 29 vague, not allowed in manifests -.-------------77 Destruction of invoice, penalty for--.---.----.------------------221 Differences in weight, penalty for--------.-. ---------------224 Discharge book to be delivered to surveyor---.---. -----------------50 duly signed ---------------. 50 accompanied with permits and orders of discharge.51 Discharge of vessels, collector to designate place for------------------115 entering port in ballast --------------------------127 details of, how arranged -----------------------118 goods landed in error --------------------------123 goods without permit sent to general-order store .115 made under supervision of inspectors -----------115 nothing to be landed without permission --.---124 periods for -----------------------------125 permit for unlading ballast -------------------127 responsibility of captain in -----------------------115 rules for discharging cargo in bulk------. ---.----. 121 to be performed in open day-------------.----.--118 to be performed within prescribed period--.--. .115 unlading of cattle --.--------------121 when permitted -.------------------115 Discharging book to be kept by discharging inspectors -------------------50 must designate disposition of all packages-----..51 entries in, how to be made---.------.-------50,51 how to be kept ------------------------------50,51 inspectors; alterations in receipts to be investigated-_ _ 44 are to check our cargo-----------------------50 assigned to vessels to examine cargoes -----------38 for storing or delivering of cargoes --------------------8 to superintend unlading ------38 duties of -----------------------------------38 extra hours of service to be paid for by shipper -.47 have power to oblige cartmen and lightermen exhibit license tocarry goods ---------------------43 how permits are to be entered in discharge book.51 must be constantly on duty until relieved --------48 close hatches before leaving vessel---__--__ 48 endeavor to save expense to owner of perishable goods ---------------------------41 have goods properly separated on wharves for convenience of weighers, gaugers, or markers-----------------------------4 have goods weighed, gauged, or measured before removal--------------------_-----42 lock room or safe where valuables are stored39 not allow ballast or coal to be loaded while vessels are discharging cargo --------45

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94 Article. Discharging inspectors must not allow unlading of goods before sunrise or after sunset ---------------------------46 report condition to night inspector when he takes charge--------------------48 disobedience of lightermen or cartmen ---------------------------43 to what places goods are sent -------50 secure all unbroken packages of sea stores.38 submit discharge book to surveyor-----51 to surveyor all vouchers relating to disposition of the cargo ----------51 not allowed to leave vessel without consent of surveyor---------------------------------48 samples of cargo in bulk to be sent to appraiser's store ----------------------------------------40 to cancel or remove all customs seals before delivering goods for further transportation ------49 keep a discharge book-_------------_-_ -_ 50 personally examine vessels before reporting them fully discharged--------------------_---52 report all explosive or perishable goods imported. 41 goods on board after discharge period has expired -----------------------52 coal on board vessels--------------------51 excess of sea stores-------------------38 seize all goods removed in violation of law------42 send mail to nearest post-office ----------------38 unsigned receipt with each load of goods to warehouse -------------------------44 take charge of specie and valuables ------------39 officers assigned to vessels--.---.31--------------31 Disobedience of customs orders or regulations to be reported to surveyor. 43 Disposal of explosive substances------_ -----------------------200 Disposition of duplicate manifest ----------------------------------153 perishable goods --------------------------------200 printed matter relating to lotteries-----.-.------146 refitted vessel ------------------------------------.165 unshipped packages ----------------------------------29 Dispositions of the tariff must be applied by appraiser--131 Disputes over charges for warehousing goods, how decided--------.--186 Distress, vessels in -------------------------------------------159,242 District inspectors, books to be kept by-------------------------. 25 certificates of shipment, made by .------_-28 in charge of final delivery to make final return of discharge --25 have general supervision of all vessels coming into their districts-.---------------------------25 how report of partial discharge of vessel is to be made. 25 must be in their respective districts during such hours as the surveyor may direct------------------25 certify to manifests delivered to masters or conductors ----------------------------------27 give name of weigher or gauger underneath certificate of shipment----. --------.-----.---.--27

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95 Article. District inspectors must specify underneath certificate number of packages not shipped and reason, if known -.-------28 state disposition made of unshipped portion of shipment -. ..-----------------------------------28 record book to be kept by--------------------------.25 to ascertain if Cuban vessels are properly documented-25 have complied with navigation laws --------------25 examine vessels coming into their district -----.----25 retain custody of vessels until relieved by discharging inspectors .--------------------25 secure and seal all hatches and openings of vessels from foreign ports which enter their district .25 supervise shipment of goods for export -------------26 transportation in bond-------------26 when shipments are to be indorsed "shipped in part" -28 there are two inspectors one must be constantly on duty ----------25 to indorse on original entry certificate of shipnent ------.------------.----27 Division appraisers. (See Appraisers.) Division of insular affairs, circular of, No. 31 .---------------------71 Dock book for weighers ------------------------------------------55 how to be indorsed -------------------------------------55 kept---------------------------------.55 to be corrected to agree with amended return of weights-------58 Documents in support of protests to be presented----. ---. --------. 239 of vessels to be deposited with consul ------------------------75 relating to vessel and crew to be examined by boarding inspector. 31 required for export of merchandise.-. -151 to be presented for appraisal of merchandise ----------------137 Double duties charged on provisions not listed with ship's stores ..-------224 Doubts as to quality of goods, how decided--------.--.-. 134 Draymen must produce signed receipt for goods delivered before intrusted with another load --------------------------------------44 or lightermen must give bond.-------------------.-.-198 Duress by enemies, obligations and privileges conferred by-. -.-------78 Dutiable goods claimed as stores to be sealed by discharging collector. -.38 stored in bonded warehouses-----------------.-----184 mail held until duties are paid ---------------------------142 Duties assessed on merchandise received by mail ----------------------139 must be paid on derelict merchandise----------.--------------161 excessive ship's stores --------------------. .86 not to exceed $1 may be remitted ------------------------------72 of consuls of the United States performed by collectors of customs. 15 Revenue-Cutter Service ---------------. ------------242 weighers------------------------------------------5-60 on baggage and effects, when remitted 7---------------72 passsengers' effects, when remitted ------------------------122 to be paid from proceeds of sale----------------------110 Duty, amount to be paid on merchandise to be decided by customs inspector at Habana ---------------------------------------------------17 Duty-paid merchandise, when to be sold by collector. .-------------193

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96 Article. Duty, neglect of, to be reported to surveyor by weigher--. .5------53 performance of, guaranteed by bond ..----------------------61 E. Effects of passengers (see Baggage). when admitted free of duty.-------------------.--122 duties on. not to exceed $1 may be remitted ------. -72 Employees not restricted in discharge of their duty--. .--. .------. 67 Entrance of vessels through stress of weather .----------------159 Entries of district inspectors to be made with necessary particulars.---.--25 Entry of merchandise, agent must have power of attorney for making .97 amendments to, not permitted ....-----------97 collector of customs to examine -----------------101 copies of, must correspond ------------------97 declaration of, who may make .--------------95 must be numbered consecutively .-96 different consignees can not unite in a single entry.96 methods of -------------.--------95 form of declaration and oath -.------------97 information to be set forth in entries -------97 motive power of vessels to be stated in-----------102 must be accompanied by bill of lading and invoice. 98 authorized by proper department of customhouse -----------------------------96 made at custom-house of port of arrival. .95 on entire sheets of paper .-. -96 give port of origin---------.---.--.-.---97 not contain amendments or erasures -------97 number of must agree with permit ---------------50 of steamships making regular trips _.-. .117 goods for warehousing must be in duplicate--_-194 should give number and paragraph of manifest -. 97 class, etc., of packages--------97 weight of each article. ---------97 state name of consignee ---------.-97 value of merchandise ----------------97 to be duly recorded .------.----------------112 made in duplicate or triplicate. -------------.96 when duties accrue ----------------------------95 made in triplicate.--.--------------201 who may make-------------------------------95 Equipment may be landed for repairs under bond ----------------------12 of Cuban vessels wrecked not dutiable.-------. .------161 Errors, clerical, may be corrected --. ------------------------------136 in certified manifest to be reported --------------------------77 manifest do not cause forfeiture -------------------------76 for export, how corrected -. --------------149 Evidence in support of appeals ----------------------237 of fraud, penalty for destruction of -------------------------221 shortage must be presented to collector ---------------------174 to be taken for classification of goods -----------------------137 Examination by appraisers to be reported to collector-.------------133 new, may be made in cases of suspected frauds .64 of account of bonded warehouses -----------------------192

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97 Article. Examination of baggage.-.------------------------------122 cargo and manifest by boarding inspector necessary--.-31 goods landed in error ------------------------------123 merchandise, how performed -----------------------105 premises used for bonded warehouse ------------------188 Exceptions to regulations for deposit of ship's papers------._ -_ ------75 Exchanges, post, what may be imported by --.--------------69 Exclusion of all persons from appraisals--------.-------__ 73 Exceptional examination of goods to be reported ----------------------135 Execution of bonds before collectors .---------------------------188 Exemption from duty of periodicals --------------------------------145 tonnage dues. -----------------------------------176 Expense of discharge of contraband vessel, how paid -----------.--128 night discharge, on whose account -------------------------47 Expenses incurred in seizure charged to consignee---------------------126 Expense of appraisal, how paid --------110 storage and sale to be deducted from proceeds ---.----.--. -107 vessels in distress to be paid for by sale of cargo --------.--159 Expiration of period granted for storage causes abandonment of goods----157 Explosives, not allowed in bonded warehouses ------------------------200 to be reported to collector -------------------------------41 when seized -----------------------------------------226 Exportations, application for, to be made to collector. .147 certificate of clearance, when granted -------------------153 documents required for ------------------------------151 expenses of lading for, by whom borne ------------------151 how vessels are to qualify for ..--------------------------147 manifest of, to be presented -.---.--------151 merchandise for, how examined. 149 errors in, how corrected ---------------------149 of products of the island of Cuba -----------------------151 permit for, how issued -------------------------------148 policy of vessels to be presented in duplicate--------------147 what they are to contain ----------------------147 special regulations for lines of steamers ---------------149,152 supervision of----------------------.--------------151 vessels to engage in, to be examined--------------------148 when night work shall be allowed --. .----------------152 Exportation for repairs--------.---------------------------.---.73 Export bond, when canceled ---------------------------------------216 Export or transshipment entries to be returned to surveyor's office -------30 transport permits.--------------------------------51 Extension of period allowed for storage of bonded goods ----------------193 Extracts known as oleomargarine---------------------------------71 F. Failure to appear to claim goods, effect of----------------------------157 pay liquidated duties, penalty for ..-----------.--.226 False bottoms may be destroyed -----------------------------------67 oaths, penalties for -----------------------------------------97 Families of soldiers, baggage of, entered free -------------------------234 Fees for consular services to be collected by collectors of customs and accounted for as customs collections -------------------------------15 23076-01-7

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98 Article. Figures, original, of weigher not to be erased --------------------------58 and letters to be used in manifests ----------------77 Findings of board of appeals must be in writing-.-. .--------237 Fine for consul returning ship's papers before clearance certificate is issued75 failure to deposit ship's papers ---------------------------75 permitting persons to board or leave vessel without consent of customsofficers ---------------------------------5 Firms may furnish a general bond ---------199 to forfeit all oleomargarine not branded -----------------------71 Firearms, when seized---------------------------------------226 Firkins containing oleomargarine to be branded-----------------71 Flag of vessels engaged in coasting trade of Cuba ----------------------177 Foreign goods landed from a vessel in distress are dutiable -------.161 merchandise, transit of. ----------------------------154 in transit not liable for duties.--. -.-.-154 vessels not engaged in trade exempt from tonnage taxes----------176 obligations of masters of ----------------------------75 to deposit ship's papers with consul --------------------75 when permitted to engage in coastwise trade -----------166 Forfeiture of merchandise --------------------------------------222 not on manifest ----------------------------76 when remitted ---------------------------76 Form of bond of employees to be prescribed by collector.-.-. --62 Forms, application to enter goods without invoice ----------------------104 declaration of owner ._. --------------------------------97 consignee-----------------------------------97 Form for manifest of packages carried in transit ------.154 withdrawal for exportation ------------------------211 of oath of consignee --------------------------.-. -97 owner of merchandise---.-.-. .-----------------97 declaration on export withdrawal --------------------212 export delivery permit----------------------------------215 issuing permits to engage in coasting trade --------------------179 order for examination of bonded goods withdrawn for export-----216 permit to unlade ballast -----------------------------------127 transfer of merchandise in bond ----------------------------198 withdrawal permit --------------------------------------208 Forms, blank, at the expense of the interested party -------------------220 Four leagues, limit of jurisdictional waters of Cuba ------------------64 Fractional silver of the United States to be received in limited amounts .-99 Frauds, when suspected, may be investigated .---.--------------. -64 Fraudulently entered goods to be forfeited--------. ----------106 Free merchandise to be appraised---_.--. --------------129 of duty, supplies for United States Army and Navy------.---. 69 pratiquie, admission to-------------------------------------81,85 permits to be entered in the discharging book ----------------------51 Freight carried from United States on Army transport.--------------233 due, to be paid from sale of unclaimed goods ------------.-. -110 Funds, employees in charge of, to be bonded --------------------------61 G. Garrisons, officers in charge of post exchanges ..-. ------------69 Gaugers or weighers, names of, must appear on certificates ---------. 27, 51 General bond for lighters or drays ---------------------------------199 manifest must state packages transferred ---------------------155

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99 Article. General order stores, goods in, when to be sold --.----------------_. 109 when goods are to be sent to -----------------87 transportation bond --------202 Gold coin to be received for duty ..--------.99 Goods consigned to order to be noted in manifest-. .-77 devoted to charity must appear on manifest -------------. .-.233 imported in any vessel must correspond to landing permit--------23 in bond liable for duties in force at time of withdrawal .--.----219 period allowed to remain in storage .-------------193 samples of, may be taken-----------------------------205 in transit, general manifest for necessary--------.-----------224 landed are to be properly separated on wharves-----.----2 may be followed when frauds are suspected------------------64 tust all pass through custom-house ----------------------------67 be examined in appraisers' room-------------------_ __ __ __ _-------135 not duly entered within ten days to be placed in store-------------__ __ _116 passed at custom-house to be seized --------------------__ _106 on vessel not manifested, penalty for _--------------------------_ __ __ __ _224 to be arranged on wharves for convenience of weighers--------42 entered within ninety days after importation--------_ _-------107 undervalued, when confiscated-------------____--------------226 when forfeited to Government---------------------------106 Government stores used for storage of seized goods---------------------_ __ _185 to pay duty on supplies----------------------. --.270 vessels exempt from tonnage taxes --.---------------176 Governor-General must approve permits to engage in coasting trade: .---177 to be advised of American consignments renounced --113 Gross tonnage to be stated in manifest --------------------------------77 weight of packages to be given in manifest----------. 2477 Gunpowder not allowed in bonded warehouses -----------------------200 H. Harbor improvement taxes -. 175,176 Batches and openings of foreign vessels to be sealed by district inspectors. 25 closed by revenue officers .-------------._-_. -. --.-.-. ..-.244 of contraband vessels to be closed and sealed ------------128 to be opened only in presence of collectore-n-coating-rade-.-. 128 sealed by boarding inspectorsan-consignments-renounced31 Habana designated as principal customs port of Cuba 5 Health certificate necessary for cattle landed--------------------------___121 officers permitted to board incoming vessels -------------------Heavy articles may be stored in warehouses of class three. 2-------------187 Hour manifest is received to be stamped thereon .-------------------82 flours when vessels may be unladen----------------------------------___ 46 I. Identification of articles exported for repairs ---------------------------73 Implements and weights to be tested --------------------------------54 Implied abandonment, how decided------------------------___.------157 Importations by sea ------------------------------------------67 not entered within ninety days to be sold ------------------107 of oleomargarine to be inspected by collector --------------71

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100 Article. Importations, when considered as beginning-----------------------68 of goods free of duty, when concluded.--68 Imported animals, claim for damages to._ ----. .174 Importer must deliver abandoned goods as directed-------. -.--110 may abandon all or part of shipment-------------------. 110 examine bonded goods----------------------------205 must give bond for duty on goods in bonded warehouse---_.195 not liable for duty on abandoned goods-----.--------.------110 right of appeal from appraisement--------------------------161 Importing vessels, when vessels are so considered -. .---------------68 Imprisonment of persons committing frauds against the revenue ------221 Incorporated companies may act as sureties------------------------188 Information furnished by appraisers to collectors .-_ ---------------133 Injury to persons on vessels to be reported ---------------------. 163 Insolvency of parties to a bond to be reported to military governor -------189 Insurance companies, marine, when considered consignees----------------94 Interlineations in manifests, null and void ---------------------------77 Interior circulation ---------------------------------------------182 employees of custom-houses to exercise surveillance--------------66 Inventory of wrecked cargo -------------------------------------163 Investigations made by judges .---------------------------221 Invoices, bond to be given for production---------------------------104 fraudulent, penalty for -21---------------------------221 may be divided, how--.--------.------.--194 cover goods for consumption and for warehouse .-----217 penalty for failure to produce-----------------------------104 pro forma ---------------------------------------------104 required for each separate shipment of goods----. ------.-103 to be compared with entry --------------------------------104 reduced to the currency of the United States. -------99 state country of origin of goods------------.----.--------102 weight of steel rails in, when accepted .---.-----------------59 Iron, heavy, may be stored in warehouses of class 3 -----------------. -187 railroad, how to be weighed--------------------------------59 "I. T." permits to be entered in the discharging book---.---. .-----51 J. Judges of first instance, authority of--------------.----221 instruction, authority of---------------------------221 Jurisdictional waters of Cuba----------------------------------.-. 64 L. Labor in handling bonded goods, how paid..--------------------186 Lading for export to be verified---------------------------------_ 151 of merchandise, documents required for------------------_ 151 permits, under what conditions granted---------------___-_ 45 Landed goods to be properly separated on wharves--------------------42 Landing from vessels in port-------------------------------__--65 permit necessary for seized goods_---------------------_ .126 Language of manifest --------------------------------------------77 protests -------------------------------------------240 Lardine to be branded as oleomargarine ---------------------------71 Leaf tobacco unclaimed to be destroyed, when -_ -------------107,108

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101 Article. Legal holidays, legal effect of-----------------------------------84 introduction of merchandise, how performed -------------------67 period for discharge of vessels-------------------------------125 proceedings not stayed by fines-----------------------------232 Legitimate importation to be proven------------------------------183 Letters and figures to be used in manifests---------------------__-_ 77 carried contrary to law to be seized .-.-------------12 containing dutiable merchandise, how examined ----------------141 may be seized, when ---------------------------------------12 suspected of containing merchandise, how marked -------------142 when delivered without being opened --------------------------142 opened in presence of customs officers -------------------141 Liability of agents and principals ---------------------------------97 common carriers for goods in bond ----------------------123 customs officers as to bonds ------------------63 officers who certify shipments without due inspection---------30 Libeled for salvage, merchandise ----------------------------------161 Liens for freight, form of---.------------------------------114 must be satisfied ------------------------------------------114 notice of, to be given to collector of customs--------------.114 on goods for immediate shipment can not be recognized .---------114 to be verified by affidavit ------------------------------------114 Life, loss of, to be reported ----------------------------------------163 Lighters, general bond for --------------------------------------199 can not approach vessel other than the one being unladen ----116 discharging cargo to be accompanied by an inspector.---.--116 must discharge at once on wharves. -------------------------116 have manifest before allowed to depart from wreck -------33 manifests must be in prescribed form -----------------.-8. 33 by whom to be signed ----------------------------33 how disposed of ---------------------------------33 Lightermen and draymen must furnish bond-..-----------. ----198 engaged in transporting duitable goods must produce permit when requested ------------------------43 Limitations of articles to be admitted free for post exchanges. 8------69 Liquidation dock book to be verified -------.-------------------.-.55 Liquidated duties, when to be paid ---------------------------------226 duties, damages not considered in-.-----------------110 List of harbor-improvement taxes-----------------------------175,176 passengers to be produced -.-------------.-80 Local authorities, when manifest to be delivered to .----. -.-78 Locks tampered with, to be reported to collector ------------------. 204 Log book, fine for failure to present --------------.--.-. .224 to be examined by surveyor -------------------------------81 Loss of coasting permit, how proven --------------------------_ 178 life to be reported --------------------------------------163 Lottery tickets, disposition of------------------------------------146 M. Machinery allowed to be transported coastwise --------------------171 Mail bags, sealed, delivered to postmasters ------------------------. 140 packages, when sent to custom-house ----------------------------142 to be sent to post-office by discharging inspector -38 Mails, examination of-189----------------------------------139,141

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102 Article. Malt liquors for post exchanges not free---------------------------.69 Manifests, additions to, null and void---------------------------------77 and cargo must agree.__---.---------------------.76 cargo in bulk, how entered in------------------------------77 consignee to be given in-77 contents of--------------------------------------------77 copies of must agree with original --------------------------79 when to be delivered-----------------------------77 copy to be sent to port of destination, when -.-. -84 corrections of, when allowed--------------------------76 duplicate to be certified by collector-------.-----------153 for each port of entry----------------------------------77 export to be sworn to------------------153 part of cargo discharged-------------------------------84 gross tonnage to be stated in -------------------------------77 interlineations, not permitted in----------------------------77 in triplicate, when necessary.------. --------------------203 language of------------------------------------------77 merchandise not on, forfeited -.------------------------76 must be certified to by district inspectors-------------------27 state packages carried in transit.-----------.--.-154 name of captain to be given in--..------------------77 of baggage tobe produced -------------------------------80 cargoes to be certified to by boarding inspcctor.---------31 coastwise vessels----------------------------------169 merchandise laden for foreign ports-------------155 route of vessel to be delivered ----------------------------091 transport to be presented at custom-house----------. __ .-------284 wrecked or derelict merchandise -------------------------161 penalty for erroneous___-------------------------------76,221 period for producing-----------------------75 ports of departure to be stated in ---------------------------77 post entries on, when permitted -----------------------------76 register of vessel to be given in -_-----------------77 the basis of all port operations---------------_---------------77 time of delivery of, to be stamped on by surveyor------------82 to be posted on bulletin board ----------------89 to be examined by customs officer -------------------------79 presented to collector---------------------------153 first customs officer boarding vessel -----------__ 79 returned to captain----------___-----------------* 78 signed and sealed by consul-----_.--------.----------77 stamped "Admitted" by collector--__----------------82 sworn to by master -------------------------------77 prepared of cargo of wrecked vessels------.-------------33 two copies in Spanish to be delivered -----------------------84, 77 to state consignee---.---------_-----------------.-._. 87 bills of lading made to order"-----------------------87 vague descriptions of, not permitted -------------------------77 weights always to be given in----------------------------77 when Spanish copies are to be presented ----------------------84 Manner of issuing permits to engage in coasting trade -----------------179 Manufactured substances known as oleomargarine---------------------_ _ 71 Marks, numbers, and weights of packages to be given in manifests ---------77

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103 Article. Masters may appeal, when.---------------------------------------7 entering port through stress of weather shall present copy of manifest---------------------------------------------77 must not allow persons to board vessel until customs officers take charge thereof------------------------------------65 present clearance papers to consul ----_ ------------75 produce manifests of cargo--.----------------------75 to forfeit value of merchandise not manifested---------.76 of lighters to be under bond ----------------------------116 light-house tenders have police powers of search..-----------34 vessels engaged in coasting trade may be examined-.---. -. --179 in distress, when liable to fine -----------------------159 to receive certified manifests from district inspectors -_. 27 report sea stores to discharging inspectors --------38 Materials for Army, Navy, and Marine Corps to be admitted free-_ _. ---69 used in repairs of vessels dutiable ----------.-.-------. 69 Mayors may authorize search, when ------------------------------11 Marine Hospital Service may place vessels under observation "-------85 supplies for ----------------69 to deliver manifests to surveyor of port -----------85 inspect all vessels -------------------------81 insurance companies, when considered consignees ----------------94 Measures and weights, when tested ---------------------------------23 to be compared with standards .---------------23 Merchandise abandoned to marine insurance companies ------------------94 brought by passengers to be entered ----------------------122 liable to seizure-___ -. --------227 confiscated to be sold .----------.----. 108 consigned to order, disposition of -----------------------87 consignees of ----------------------------------------92 deposited in general-order stores, when to be sold -.109 imported in vessels of less than 30 tons capacity confiscated. 223 in abandoned vessels, consignees of -----------------------94 .bulk, how unladed .----------------------------------121 landed in distress dutiable -----------------------------161 error, procedure for--_-----------.----.-----123 libeled for salvage ---------------------------------161 must not remain over-night on wharves.---------.-----.152 pass through custom-house. ------------------------67 not duly entered to be forfeited------_ _-------------106 on manifest to be forfeited -------------------------76 to be landed between sunset and sunrise _. ..------35 of more than $100 in value not to be admitted without invoice. 104 picked up at sea is dutiable -. --------------------------161 salvors of, considered as consignees---. ----------.----94 taken from a wreck is dutiable --------------------------161 transported in bond to be sealed -------------------------123 unshipped must have ticket stating whether for export or transportation .-------------------------------29 when considered as abandoned -------------------------113 duties are paid and not removed from custom-house, how disposed of -----------------------------------157 Merchants, when they may declare it necessary to unlade vessels _.-..-159 Method of keeping dock book--------------------_ _ --55

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104 Article. Military governor of Cuba may establish or suppress custom-houses---. -4 prescribe forms for accounting ----------14 to approve form of bond for bonded warehouse188 permits to engage in coasting trade. 177 public sale of certain goods --------107 be notified of destruction of bonded warehouse ------------------------------190 prescribe disposition of abandoned goods --. 110 restrictions for importations of Army supplies----------------69 order disposition of lottery tickets ----------146 Misconduct of customs employees to be reported by weighers to surveyor -53 Missing packages of cargo, penalty for ---.--------------------222 when found must pay duty ---------------------.----173 Mixtures known as oleomargarine -----------------------------------71 Money, employees in charge of, to be bonded --------------------------61 kinds of, to be expressed in invoice .-------------------------99 public, must be accounted for as required by military governor or Secretary of War--------------------------------------14 Moorings must be made at place indicated by authorities ._------------80 Morning report of surveyor to collector, contents of--_ ...----23 Motive power of vessels to be stated in entries ------------------------102 Moving of goods in bond must be done by bonded draymen or lightermen. 198 Municipalities to pay duty on supplies __-. -.-70 Municipal judges may authorize search .--. .-------11 N. Names of captains to be given in manifests ---------------------77 placed on bulletin boards ofcustom-house -----. --89 persons lost at sea to be reported --------------------------163 shippers to be given in manifest ---------------------77 vessel and master to be secured by boarding inspector ------. 31 weighers or gaugers must appear on certificates -------------27,51 Nationality of vessel to be stated on entry.-. -------------. ---97 Nationalized merchandise, how performed ---------------------. 168 Natural products laden at any point on coast .------------------------170 Navigation laws, violations of, to be reported to surveyor -5------------2 Navy of United States, supplies for ----------------------------------69 Neglect of duty to be reported by weigher to surveyor. ------53 Neutrality laws enforced by Revenue-Cutter Service -. .-------------243 New bonds, when required--. ---. ..._.-. .--. ..----. .189 coasting permits, when granted -----.---------------------178 examinations to be made in case of suspected fraud ---------------64 packages must be marked like old ones ------------------------205 Newspapers exempt from duty .--.------------------------------145 Night discharge of vessels only by special permit ----------------------46 inspectors, for what purpose appointed.----.----------------35 may call on police and citizens to aid them -------------36 examine persons leaving vessels -----.---------36 question persons boarding vessels at night----.-36 stop persons from leaving vessels ---. .--------36 must guard wharves -. -----------------------35 keep watch over vessels--3----------------------85 preventJanding of goods between sunset and sunrise35

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105 Article. Night inspectors must protect bonded warehouses from robbery ---------35 should examine packages taken from vessels at night .86 seize smuggled merchandise -------------------86 to take precautions against smuggling------.----36 watch for small boats approaching vessels or wharves under their charge ----------------------------36 may stop the landing of goods, when------------------35 Night permits, when necessary ------.---.-.----.--__------.-35 must be exhibited, when. ------------------------------35 Night work, when permitted ---------.------------------------152 Nonagreement of merchandise with manifest, penalty for ----------------222 Nonmanifested merchandise of officers or crew to be forfeited ---. -----76 Notice of burning of bonded warehouse communicated to military governor. 190 public sale of merchandise to be conspicuously posted--.-107 search of foreign vessels must be given to proper consul ---------9 on bulletin board to be authenticated by collector .--. 89 to be given of desire to refit wrecked vessel ---------------------165 Notifications of captains, how served--------------------------------88 Numbers, marks, and weights of merchandise to be given in manifests. .77 0. Oath and declaration of consignee -.--. ---------------------------97 for entry of goods for warehousing .---------------------194 of captain concerning ship's stores -------------------------86 master to manifest of cargo. -----------------75 showing impossibility of producing invoice .---------------------104 Oaths, false, penalties for--------------------------------------97 Object of bond furnished by customs employees. .61 Obligations of masters of foreign vessels ---------------------75 owners of vessels engaged in coasting trade -. ----------179 Office of consignee the office of the master--.---88 consul, when residence of master ----------------------------88 Officers of Revenue-Cutter Service may board vessels ------------------244 Official correspondence, how transmitted ---.-. ..-------5 Officials of customs service-boarding inspectors.-.--. ---.----. 31 bonds of ----------------------61-63 coast inspectors------------------------32-34 collectors of customs----. .---..15-21 customs inspectors ---------------------24 discharging inspectors ------------------8-52 district inspectors _.-.--.---. 25-30 night inspectors -.------. -----------35-37 surveyor .-22 weighers -----------------------------53-60 Official standard of weights .------54 Officials to pay duty on supplies furnished --70 Oleomargarine imported to be branded -----------------71 must be sold from original packages --------------------71 not properly branded, a fraudulent importation ----------71 to be seized and sold -------------71 circular relating to ----------------71 Omission in documents, penalty for.-.-221 manifest do not cause forfeiture -------------------76

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106 -Article. Openings and hatches of foreign vessels to be sealed by district inspectors. 25 Operations for entering goods must be correct----.--.--67 export, when prepared before vessel's arrival.--------152 Orders for delivery of goods to be made of record---. .--------50 Original and port marks must appear on packages for exportation ----. 195 figures of weighers not to be erased .-----------------------58 importers can not be relieved from liability for duties-_ ._ 197 Owners may secure delivery permit for perishable goods -------------4 must be present at examination of baggage.-.---------------138 of merchandise, right of appeal from appraisement. ---------161 unclaimed, to receive no part of proceeds of sale. -109 to be advised of clearance of Cuban vessels for foreign ports-.-179 saved expenses ---------------------------------------41 P. Packages containing oleomargarine to be branded_ .------------71 may be opened ------.----------------------------------67 not agreeing with permit ---------------------------------51 found onboard-----. .-.------------------. 51 to be left on public wharves over night .------------------119 on manifest, missing, penalty for ----------------------222 received by mail to be examined _.-.--.-.--._..----189,141 stored at captain's expense, when---.----------------113 transferred from one vessel to another must be manifested. ---156 Packing of merchandise, how to be done ----------------------------105 Papers, fraudulent, penalty for presenting. --. .----221 of contraband vessels to be delivered to collector-..---------128 Paragraphs of the tariff must be applied by appraisers .-----------------131 cited in appeals -------------___-238 Partial or port manifest to be certified -------------------------------77 withdrawal from bonded warehouses, how permitted ------------196 Passengers' baggage, how landed -----------------------------------. 122 sent to public store, when.----------------------51 effects, when admitted free.-----------------------122 Passengers, list of, to be produced --.-------_.------------------80 names of, to be on route manifest-.----------------.-.91 on transport, regulations for ----------------------------234 to be landed before other persons are allowed to board vessels in port -------------------------------------------65 without dutiable property not to be detained.-74 Payments of foreign tonnage duties to be noted .-.-----------180 Penal provisions ----------------------------------------------225 Penalties (see Fines), do not exempt from other legal proceedings---_ .-233 for broken seals --------------------------------------119,224 changing anchorage without permission ------------------224 concealed firearms or explosives .-----------.---_ 225 concealment of documents ------------------.-----221 delay of small boats in transit --------------------------224 destruction of documents -------------------------------221 difference in weights--------------------------------224 embarking goods other than at a port of entry -------------227 merchandise without permission.---.--.--. 227 erroneous manifest-------------------------------76, 221

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107 Article. Penalties for failure to give notice of arrival of vessel-------.-228 have manifest vis&d --------------------------224 pay liquidated duties ---------------------. 226 present copies of manifest -------------._ 224 declaration of merchandise deposited in warehouse --------------------------20 list of passengers --------------------224 log book --------------------------224 manifest of baggage .-.-.---------224 general manifest of goods in transit.--. -224 produce manifest invoice -. foreign merchandise found on coasting vessels goods undervalued having goods on vessel not manifested--.. importing in vessels of less than 30 tons capacity. landing passengers at wrong place making false affidavit statements. missing packages misuse of American flag_. neglecting to report loss at sea----. nonagreement of merchandise with manifest.--. not having vessel's documents in order stating increased tonnage of vessels. surrendering coasting permit .. passengers bringing in merchandise. performing private service by inspectors on board which they are assigned presenting false documents fraudulent invoices ----.------------------------------------------: vessels to 75,224 104 229 226 -222 11,223 224 221 221 222 179 163 222 224 224 178 227 24 221 221 provisions not listed in ship's stores --.-224 putting to sea without complying with regulations----.-228 removing packages without permission ..--------------224 shipping merchandise coastwise without permit----------229 small boats approaching other vessels. -----------------225, 230 transferring goods from one vessel to another without permission -----------------------------------------230 undervaluation ---------------------------------------. 104 unlawful wearing customs service uniform .----232 willful acts of omission --------------------------------221 certifying shipments without due inspection ---------------30 Periods allowed for bonded goods to remain in storage ------------------193 granted for depositing ship's papers ------------------------75 for customs operations, basis of ------------------------------83 making protest of entrance through stress of weather. .------159 producing manifest of cargo ----------------------------75 of ninety days may be extended by collector of customs-----------107 Periodicals exempt from duty --------------------------------------145 Perishable articles to be reported to collector ----------------------41 cargo, when sold --------------------------------------159 goods not allowed in bonded warehouses --------------------200 goods to be retained on board vessels, when---------------.-41 Perjury, penalties for-------------------------------------------97

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108 Article. Permission for engaging in coastwise trade, how secured ----------166,167 to be present at appraisals, how secured ------._-------------73 fly the American flag, when granted --------------------179 forward goods saved from a wreck -..--------162 land without detention -----------------------.--.74 Permits for baggage -------------------------------------------51 boarding vessels ..--.-------------65 clearance for foreign ports ------------------------------179 coasting trade -------------------------------177 coastwise vessels--------------------------------------168 to be vis6ed -----------------------------170 consumption -----------------.----.----------------51,98 delivery of goods for transport or export .--------------------51 "I. T." goods -.-------------------------------51 merchandise ..---------------------------------41 discharge of cargo ----------------------18,23,31,115 on holidays---------------------------------118 goods to remain on wharves.----------------------------152 lading merchandise for export -------------------------23, 148 landing-------------------------------------------45 merchandise .----.-2---------------23,31,126 must be recorded --------------------------------50 lighters -.....--------------------------------------------171 night working of vessels .--------------------. -------35,46, 118 one vessel to go alongside another -----------------. 124 passengers to land .-------------------------------------74 transfer of merchandise must be noted on manifest _. ..-. 156 transport-. -.------------------------.-----.51 unloading vessels in distress ---------------------------159 weighing goods.-------------------------------60 withdrawal from bonded warehouse----------------193, 207, 208 free------------------------------. 51 from customs officer necessary to deliver specie or valuables -.-39 to be submitted to surveyor ....---------------------------------51 viseed-.-----.-.--.--.-.--.--------------------170 carry arms and ammunition ---------------------179 discharge ballast --------------------------------------127 land equipment for repairs----. --. .--122 transport merchandise in bond-.---. .12-------------------12 warehouse-----------------------------------------51,120 when surrendered --------------------------------------178 Personal effects of passengers. (See Baggage.) service on captains not necessary -----------------------------88 Persons permitted to board vessels upon arrival in port --------------. 65 not allowed to board vessels until master's permission is obtained-65 leave vessels until customs officials take charge-----65 caught smuggling to be arrested-------------------------36 may be searched -----------------------------------------10 Petition for extension of period for discharge ------------------------115 Pilots allowed to board incoming vessels------------------------65 Piratical attacks, how guarded against .-------------------------242 Places for discharge of cargo. .--.116 Place of ultimate destination of goods noted in discharging book ---------51 Plantations, machinery for, how transported.-----------------------171

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109 Article. Police or citizens to aid night inspectors----------------------------36 Policies of vessels engaged in export trade ------------------------147,148 to be examined by inspector --------------------------------148 Possession of office not given until bond accepted ---------------------63 Port authorities may grant permission for change of anchorage ----------80 charges -------------------------75 not collected from vessels in distress ----------------------159 marks and original marks must appear on packages for export-------212 Ports of call to be noted in log book--------------------------------81 must be stated in manifest -----------------------------81 port of departure of vessels to be placed on bulletin board -------89 from which vessel sails to be given in manifest -------------------77 Post entries on manifest, when permitted -----------------------------76 when allowed -------------------------------------222 exchanges, officers in charge of must swear to importations of -------69 what may be imported by ----------------------------69 Postmasters, must aid customs officers --144 required to protect customs revenue --------------------144 to aid in collection of duties .-141 collect customs dues, when .--.--------------142 notify collectors of mail suspected of containing dutiable merchandise ----------------------------------142 receipt to discharging inspectors for mail -.---38 Powers of customs officials not confined to their own districts -----------7 Power to arrest ---------------------------------------------7,34,6 demand manifests --------------------------------------9 enter buildings other than dwellings ------------------------10 hail vessels seal packages .. search -----------------------------------------7,9, seizure. ---------------------------------7,10, stop vessels ..... use force -.-.-.-.-------------------------Preliminary entry of steamships making regular trips. .. Premises destined for warehouse, examination of .. of custom-house, when used as bonded warehouse -----------Principal customs port Principal responsible for clerks Principals and agents, liability of. Printed matter, definition of. exempt from duty, when _ --. in mails liable for duty. relating to lotteries, disposition of_ .. Private duties must not be performed by inspectors on board vessels to which they are assigned -.-. Privileges of Cuban vessels in foreign ports, how determined -.-.. Proceeds from sale of confiscated oleomargarine to be deposited in Treasury of sale of abandoned merchandise not to be returned to owner. merchandise subject to demand of importer. cost of storage and sale to be deducted from of public sale of goods, how accounted for. ... Products of Cuba, where laden for export .. Productions of Cuba entered free of duty Prohibited merchandise not to be exported .. .7 9 10,34 36,34 7 7 117 188 184 2,5 93,97 97 145' 145 145 146 24 179 71 157 107 107 109 151 161 91

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110 Article. Proof of proper payment of duties required -----------------------.--. 64 Property, employees in charge of, to be bonded -------------------------61 loss on vessels to be reported ------------------------------163 of officers shipped on transport must be manifested ------------234 of private individuals carried on transport must be manifested.-234 Propellers, general bond for--------------199 Proprietors of warehouses, fees allowed --------------------------186 Protection of customs revenue by Revenue-Cutter Service -------243 Protests ---. ---.-.-235--------------------235 board of appeals to consider. -------------------------------236 classification desired should be stated in ---------------------235 class of, not admitted for review .------------------. ----238 evidence submitted in support of ---------------------------237 findings of, to be communicated in writing -------------------241 language of -------------------------------------------241 may be filed before or at time of payment of duties----------235 must be filed in writing .----------------------------------'235 give paragraph of tariff under which classification is claimed. 238 state in detail nature of claim.-238 not allowed for excessive sea stores .-.------------238 to be accompanied by samples when possible-----.----:.--. 241 forwarded to military governor --.-----------241 regulations for presentation of ----------------------241 right of importers to protest against valuation -----------------235 rules for submitting ---------------------------------235 et seq. Provisions on board vessels must be listed ----------------------------80 Public notice of sale of goods not duly entered --------------------107,109 property carried on transport, must be described in manifest-.--234 must be accounted for as prescribed by military governor or Secretary of War -------------------------------14 stores, appraisals to be made at ------------------------------135 Putting to sea without complying with regulations, penalty for----------228 Q. Qualified ports of entry only may be entered by vessels---------.-. --160 Qualifying for export trade --------------------------------------147 Quality of goods, how decided .------------------------------------134 Quantity of cigars admitted free of duty -.-122 'Quarantine service may designate landing place for passengers -----------224 vigilance of vessels in. Quartermasters in charge of transports ------------------------------234 must certify to manifests delivered to collector of customs234 must issue bills of lading for all transport shipments -----234 R. Railroad iron, how to be weighed ---------------------------------59 may be stored in warehouses of class three ---------------187 Rails, steel, how to be weigbed --------------------------------------59 Rates for storage, how computed ---------------------------186 to be paid to be decided by customs inspector of Habana-.---.----17 Reappraisements, proceedings for---------------186 Receipt describing goods to accompany each load for warehouse or public store -------------------------------------------------44

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111 Article. Receipt for all packages to be given ------------------------------------51 unshipped merchandise to be signed by storekeeper.-----------29 seized goods to be sent to the surveyor----.-----.-. .24 or ticket for goods sent to general order store to be attached to original entry ------------------------------------------30 Record book to be kept by district inspector --------------------------25 Records; collectors must forward all required reports to superior authority 15 must be open to inspection at all times 3---------------1 of all permits for delivery of goods to be kept ------------------50 principal customs officers required to keep-------------------13 to be delivered to successors---------------------------13 of seizure of contraband vessels to be delivered to collector--. -----128 Refitting of wrecked vessel, procedure for------------------------165 Refund of duty on missing packages --------------------------------173 when not to be made ---------------------104 Registered mail, how forwarded and marked----------------------142 Register of declarations--. -. .------.--.-.-----------.--112 foreign vessels to be produced------. ----------------75 vessel to be given in manifest .---.------.77 Registration of authorizations of clerks necessary .----. ..-----93 Registry of authorized clerks for customs operations-----------.93 Regulations governing preparation of transport manifest ----------234 for passengers on transport -----------------------------234 provided for boarding and landing from vessels in port -------65 special, for the coasting trade .-. --------------------179 volations of, to be reported to surveyor ------------------_ 25 Reimportation of articles exported for repairs---. -.--...-----------73 foreign merchandise dutiable ------. .---------. 217 Remains of wrecks may be exported ------------------------164 wrecked vessels, what are so considered ------------------164 Remission of additional duties, how secured. .-226 Rent, when charged against seized goods --------------------------185 Renunciation of consignments, when to be made -----------------------94 merchandise, meaning of ._.--------------------------157 Repacking of goods in bond permitted ------------------------------205 Repairs, articles exported for '---------.7 -to packages in bond permitted .---------------205 Reports, daily, of all importing vessels to be made to surveyor-_ -----25 of accidents involving loss of life or property. -----------.163 to be made to surveyor ---------------------------81 all broken packages to be made---------------.--..120 all seizures and arrests to be made promptly -------------37 weighers, gaugers, or measurers on duty------.----. .51 appraisers made to collectors .-------------133 captains of entrance through stress of weather--------------159 cases where signal lights are not displayed according to law _. 24 chief inspector of assignment of night force -----------------37 negligence, absence, or misconduct --------37 coal on vessel to be entered in report of discharging inspectors. 51 coast inspectors to surveyor of wrecked or stranded vessels. -02 discharging inspectors to surveyor of disobedience to orders or regulations ----------------------------------------43 district inspectors of all discovered violations of laws ---------25 importing vessels arriving ------------25

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112 Article. Reports of exceptional examination of goods ..------------------------135 explosive or perishable articles to be sent to inspector-----.41 goods remaining on board after discharge period has elapsed--52 seized by inspectors to be sent to surveyor.--.---24 lading of vessels to be made to collector by surveyor--------23 night inspectors, when and to whom to be made --------------35 officer in charge of bonded warehouse-------------.----. 195 seals which appear to have been tampered with.------------49 sea stores to be made to discharging inspectors-----------.38 seizure to be made to collector ----------------------------10 surveyor to collector of absence or neglect of employees. .---------23 all incoming vessels ------------------22 weighing of cargoes to be made to collector ------------------60 Reported weights of weighers not to be changed or amended -. --------58 Reports, who are to render -----------5--------------------------5 of various kinds to be made by district inspectors -------------25 Reshipment of goods landed in error.------------------------------123 Residence of captain or master of vessel----------------------------88 Resident merchants to certify invoices of goods shipped to the United States15 Responsibility of appraiser -------------.-..----------------131 captains, when terminated .-.-------------------115 customs officers in accepting bonds -.--.---------63 Restrictions for export of articles for repairs -----------------7 of free entry to be prescribed by military governor -----------69 Revenue-Cutter Service, cruising grounds, how designated ---------.243 duties of ---------------------------------243 to aid vessels in distress -------------------243 arrest persons violating the laws --------------246 board and search vessels---. ---------------244 certify manifests .-------244 enforce laws governing merchant vessels-----243 quarantine regulations .-------------243 protect commerce against pirates -------------243 wrecked property.--.----.---.243 seal hatches -------------------------------244 officers, when placed on board vessels.----.-.----.----._---_ 244 Right of appeal from appraisal of wrecked merchandise-. --------. -161 Rooms containing specie or valuables to be locked by discharging inspectors39 Rowboats not allowed to go alongside vessels in port -.-. ----------65 Route manifest, when to be delivered -------------------------------91 Rules governing transfer of merchandise ----------------------------156 of the tariff must be applied by appraiser-. -.-.---.-.-.-. 131 S. Safeguarding valuable cargo, measures for-------------------------119 Safes containing specie or valuables to be locked by discharging inspector. 39 Sailing without complying with regulations, penalty for --227 Sails may be landed for repairs under bond -.-.---.--122 Salaries of employees of warehouses paid by proprietor ------------.186 Sale, expenses of, how to be paid-------------------------------.110 of goods at auction after five days' notice ---------------------107, 109 ship's stores prohibited ------------------------86 Salvors of merchandise, when considered owners .---------------. 161

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113 Article. Salvors interest in goods uncertain --------------------------------161 may. make entry of wrecked or abandoned goods .-----. .---. -161 Samples of goods in bond may be taken -----------------------------205 merchandise to be submitted .-.------. 134 Scales, how to be adjusted ---------------------------------------57 Scene of wreck to be visited by coast guard --------------------------163 Schedule of harbor improvement taxes .--------------------------175,176 Scows, general bond for---------1-----------------------199 Sealed mail bags delivered to postmasters .-----------------.----------140 how examined -----------------------------------140 Sealing of hatches to be done by boarding inspectors ---------------------31 Seals of crafts or vehicles conveying goods in bond ..-------------204 placed and removed ------------------------------------------119 broken, to be reported to collector of customs --------------------119 integrity of, to be examined ----------------------------------119 Search of vessels made by revenue officers. ----------------------------243 when notice of, must be given .-----------------_.--9 may be made at any time.-------------------------10 warrant for, how secured ------------------------------------11 may be made by masters of light-house tenders -----------------34 Sea stores, protests for, not entertained.-. .-----------------238 to be reported by masters to custom-house -----------.-._ 38 Seaworthiness of vessels to be reported. .--------------.--.-163 Secretary of War may require account of public money------------------14 to be advised of misuse of American flag -------------179 Seized goods to be sent to the public stores---------------------------24 Seizure of merchandise brought by passengers -------------------------227 when it may be made .-------------------10 Seizures may be made by masters of light-house tenders -.-----------34 Separate manifest for each port ----.--------------------77 sheets of manifest to be sealed -------------------------------. 77 shipments can not be consolidated in one invoice .-103 Service of revenue cutters ----------------------------------------243 on captains, how secured----------------------------------88 may be made through consulate-------------------88 Sex to be regarded in searching passengers ----------------------------138 Shipment of goods in bond to be supervised by district inspectors.-----26 for export to be supervised by district inspectors. 26 Ship's papers to be deposited with consul--------------------------75 when to be returned -----------------------------------75 stores for exclusive use of vessel-------.------------------86 when excessive, are dutiable ------------------------------86 not to be sold or transferred------------------86 oath of captain concerning-----------------------------86 Shipments, separate, can not be consolidated in one invoice.---------103 Shortage in cargo, consignee responsible for-------------------------115 Short packages, when allowance is made for -------------------------174 shipments, no allowance for *. 172 Signal lights must be displayed as required by law --------------------24 of vessels engaged in coasting trade ---------------------------177 Silver dollars of the United States receivable for duties ------------------99 Size of letters on oleomargarine packages ----------------------------71 vessels that may import goods into Cuba-----------------------111 23076--01--8

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114 Article. Small boats approaching vessels or wharves to be watched by night inspectors --------------------------------------------------.36 Smuggled goods, how searched for. .-------------------------------11 Spaces, empty, on vessels, may be searched -------------------------67 Spanish copies of manifest to be delivered ----------------------------77 fractional silver, how received for duties -. .---------------99 Specie and valuables in charge of purser to be taken charge of by discharging inspectors ------------------------------------------------39 Special deputy collector, provisions for.--.-.-.-------------------20 when he may act --------------------------20 powers and duties of ---------------20 examination of merchandise, when made ----------------------105 permission for night discharge of vessels ---------------. ..118 permit for vessels to remain at wharves ----------.-.-. 152 required for night discharge of cargo-----------46 regulations for the coasting trade ---------------------------179 steamer lines engaged in export trade ------------149 govern discharge of regular steamships---.--.------117 returns of weights, when to be made---.-.---. ------60,215 rules for warehousing goods--------------.----. .--184 Standard, official, of weights -.__. -.._.---.----------------54 Statement, false, penalty for--.------------------.------------221 of abandonment, when it may be made --. .-._. 157 Steamships. (See Vessels.) Steel rails, how to be weighed --------------------------------------59 Storage charges must be paid by consignee---------..---------157 on unclaimed goods, how paid ------------------_ 110 to be entered on withdrawal permit--------------_ 210 expenses to be charges against merchandise --------------------67 of goods in bonded warehouses-----------------------------184 on goods to be paid for by consignee--------------------115 Storekeepers, book of, what to contain -----. -----------.----.-120 duties of----------------------------------------120 goods to be received and dispatched in presence of -------120 must receipt for goods received --------------------------24 to examine condition of packages------------------_ 120 keep keys of warehouses.--------------------------120 personally superintend opening and closing of warehouse .120 receive cargo of contraband vessels------------------_ 128 packages for appraisal ------------------------120 report all broken packages _--------------------_ 120 have charge of goods in warehouses.---------. -186 Stormy days deducted from period for unlading-----------------.--125 Stranded or wrecked vessels to be in charge of coast inspector -----.--32 Stress of weather, obligations and privileges conferred by .--------.78 Subports, list of .-----.---------------.-.--.---5,247 Substances known as oleomargarine-----------------._.---71 Substitute for register of foreign vessels --------------------------75 Substitution of authorizations of clerks -.-------------------93 Supervision of appraisal----------------------------------------130 lading for export -----------------------------------151 shipments of goods for export by district inspectors -------26 unlading vessels in distress ---------------------------159 Supplies for United States Army, Navy, and Marine-Hospital Service-----69

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115 Article. Supplies for post exchanges, how admitted ..----------------------69 on board vessels are to be listed. -------------------------80 purchased by departments of Government to be dutiable -------70 Sureties, who may be accepted as -----------------------------------188 Surrender of permits to engage in coasting trade ----------------------178 Surveillance, customs -.--------64,66 by whom exercise-----------------------------66 in jurisdictional waters --------------------------------66 inots----------------------------------6 in ports ----66 where exercised -------------------------------------66 Surveyors, duties of -------------------------------------------22,23 daily report of incoming vessels required--------------------23 direct inspectors, weighers, and measurers ----------.-23 lading of merchandise--------------------------22, 23 may give permission to change returns of weights ----------58 must examine and test all weights and measures employed _-. 23 place inspectors on board vessels ---.-------23 preserve with care all orders received from superior authority .---------------------------------23 report to collector any disagreement between delivery of merchandise and landing permit---------------_. 23 outdoor executive officer of the port ..S-------------------22 report each week to collector all negligent or absent employes 23 report incoming vessels to the collector ---------------.-. 22 required to sign the discharge book .------------------50 should visit or inspect vessels arriving in his port --------------23 supervise discharge of cargoes -.2----------------------223 other employees--__-_ ------------------------22,23 take charge"of all incoming vessels--------------.---22,23 to examine log book and compare with manifest--.-----81 examine whether goods imported and deliveries thereof correspond -------------------------------------------23 furnish certificates of weight --------------------------60 prescribe regulations for discharge of merchandise -------118 send inspector of customs to wrecked or stranded vessel when necessary --------------.-------.------------------33 Suine to be branded as oleomargarine--.--------.---.-. 71 Suspected frauds .----------------------------------------------64 procedure for--.----------------------------------183 loss of vessel to be reported -----------------------163 persons should be examined in presence of another person_ _ 36 Supervision of weighing by weighers--------------. .-. 53 Sworn declaration for supplies for post exchanges ----------------------68 T. Tallow, extracts of, to be branded as oleomargarine -------------------71 Testimony heard by judges-----------------------------------221 taken to determine classification of goods ----.--------137 Testing of weights and implements. Tickets on unshipped merchandise to be signed by storekeepers -----------29 Ticket or receipt for goods sent to general-order store to be attached to original entry --. -. -.------30 Time for discharging vessels limited --------------------------------52

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116 Article. Tobacco unentered to be destroyed, when ---------------107,108 Tonnage, increased, must be reported -----------------224 taxes .---------------------------------------75,176 taxes may be paid in advance ------------------------------181 Transfer of goods from one vessel to another, how performed ------------156 merchandise in bond -----------------------------------198 ship's stores forbidden ---------------------------------86 Transit, meaning of the word ------------------------------------154 conditions governing ---------------154 when permitted --------------------------------------154 of merchandise within the island free -.--------------------182 Translations of manifest, when presented -------------------------84 Transport permits to be entered in the discharging book -------------51 Transportation bond, when canceled ..-------------------------123 coastwise, how permitted -----------------------------167 from point to point within the island --------_ -182 in lighters, how permitted ---------------------------171 of goods in bond, rules for ----------------184,202,203 of goods in bond to be supervised by district inspector. -.-26 Transshipment bond, when necessary-------------------------_ .123 by whom executed.---------------------------123 of merchandise ----------------.------------154 under what conditions permitted---. .--------156 application for.---.-------------------------------156 must be in duplicate --------------------156 permits for, when issued.-.---------. .----. 156 or export entries to be returned to surveyor's office ------. 30 Tubs containing oleomargarine must be branded-----_ _----------.71 Tugboats not allowed to go alongside vessels in port -. -------------65 Two copies of manifest to be delivered..------------------. 77 U. Unclaimed baggage, disposition of ----------------------------8------18 goods may be stored in warehouses of class two--. ---------185 sale of -------------------------------------109 proceeds, how to be accounted for .----.--109 to be taken possession of by collector----------------52 wrecked merchandise in custody of collector ----------------161 Uncertain interest of salvors in wrecked merchandise -------------------161 Undervaluation, penalties for .-------------------------------104,226 Underwriters, when considered owners of goods .161,162 Uniforms to be worn on duty by inspectors ------------------------24 penalty for unlawful wearing------.-. ---------.232 United States Army, supplies for-.-----------------------.--69 coins to be receivable for duties .9-----------------------99 consuls, certain duties of, now performed by collectors of customs------------------------------------------15 transport service---------------------------------------234 Unlading of goods must not be delayed --------------------.__.41 nationalized or domestic merchandise, how performed--_-169 Unlawful removal of goods prohibited ----.35---------------------5 Unofficial duties not to be performed by inspectors on board vessels to which they are assigned --------------------------------------------24

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117 Article. Unsealed mail packages, how disposed of -----------------------------143 Unshipped packages to be sent to nearest general-order store----.-.--.'29 V. Vague descriptions not permitted in manifests -------------------------77 Valuables and specie on board vessels to be taken charge of by discharging inspectors -------------------------------------------------39 Valuable cargo, measures for safeguarding.--------------------------119 Value of consignment to be stated in route manifest -------.--------91 foreign coins, how determined ------------------------------99 importations, how ascertained -------------------------104 repairs on reimported articles to be dutiable---. -------------73 Variation of weight in steel rails, amount of, allowed ------------------59 Vehicles may be searched -----------------------------------10 Verification of dock book by collectors ---------------------------Vessels abandoned. ----------------------------------------------94 admeasurement of ---------------------------------22 admeasurement of, to be done by surveyor .-----. .-----. 22 all parts of, to be examined before discharged -------------------52 can not change anchorage without permission. -.----------.80 enter any port not qualified as a port of entry -.------160 cargo of, to be recorded in separate book -----------------------56 clearance certificates of, to be issued by collector ----------------75 consignees of ------------------------------------------92 documents of, to be deposited with consul-_ .------------------75 examined by boarding inspector------------31 engaged in coasting trade, when documents maybe retained------179 entering rivers, special watch over ---------------------------244 entrance of, through stress of weather----------------------159 from foreign ports to be boarded by boarding inspectors----------31 importing, when so considered------------------------------68 in ballast, tonnage taxes on --------------------------------176 coasting trade must carry a distinctive signal.-------------177 distress aided by Revenue-Cutter Service -------------------243 when they may be unladen ------------------------159 quarantine, vigilance of ---------------------------------85 to present copies of manifests when----------------85 transit under supervision of inspectors --. ..---154 lost at sea to be reported to collector ------------------------163 name of captain, class, and nationality to be stated in entry.-----97 may discharge on permits only issued by collector of customs-----18 must anchor or moor as directed. ---------80 be examined by customs authorities--------------------170 moored before persons are allowed to board --------65 enter port promptly _.----. ------------------80 of less than 20 tons burden may secure permit to trade-----------170 the United States may engage in Cuban coasting trade--------177 on arrival at port under stress of weather under customs control until discharged .------------------------------------78 size of, in which importations may be made.-----------------111 to be examined by discharging inspector before reported fully discharged -------------------------------------------52 in charge of district inspectors -------------------------25 inspected by Marine-Hospital Service ----------------81

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118 Article. Vessels, when residence of captain .--------------------------------88 may be boarded, where .-------------------------------------9 who may board incoming ----------------------------------65 wrecked or stranded, to be in charge of coast inspector -----------33 Veterinarian of port, duties of ------------------------------------121 Vigilance of vessels in quarantine -------------------85 Vinous liquors for post exchanges not free -----------------------------69 Violation of law, arrest for----------------------------------246 revenue laws to be reported to the surveyor----------------25 W. Warehouse, goods in, when to be sold ------------------------.-109 permits. .--------------------------------51 to be entered in the discharging book. .51 Warehouses, three classes of .----------------------184 Warehousing goods, rules for--. ..---184 Waters, jurisdictional, of Cuba ------------------------------------64 Weight, average, of steel rails, bow to be secured -. ----59 Weighers to keep beam clean .----------------57 to see that their weights agree with official standard-.----54 assigned to duty by surveyor -----------------------------53 duties of, described .-----------------------------------53-60 to weigh steel rails or railroad iron, how -. .59 must have beam accurately balanced-----------------------57 mark weight of each single package-------------------57 not change returns of weights -.-.---------------58 report misconduct or neglect to surveyor --------------53 test scales frequently --------------------------------57 not to allow others to take weights--------------.----------53 absent themeslves from duty without permission ---------53 required to have weights and implements tested-.----------54 inspect and take copies of all permits calling for goods to be weighed-._.------------------------53 responsible for fidelity of assistant weighers ---------------. 53 supervise weighing of all merchandise -----------------------53 to be at their assigned places.-.-.--------------53 furnished with blank dock books -----------------------55 copy permits in dock book .----------.-__. 55 file completed book of weights ----------------------------56 keep a separate book for each cargo--.---------------56 make daily entry of goods weighed._--. .----------55 special returns of weight of articles on each permit _. 56 special returns when so ordered ---------------------0 take weight on rising beam -----------------------.-57 when permitted to accept invoice weight .--------------59 when required to make returns ------------------------60 Weight of merchandise to be given in manifest -------------------------77 packages to be given in manifests -------------------------77 recorded. --------------------------------120 to be taken on rising beam -----------. ------------------57 Weights and measures to be compared with standards -------------------23 when tested ---------------------------------23 implements to be tested---.-. .--.------------54

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119 Weights, special, returns of, when required. Wharves, persons excluded from, when goods are appraised .. to be guarded by night inspectors. When district inspectors are to take charge of lading vessels.-. Windows of warehouses, how protected. Wine casks in bond may be refilled. Withdrawal from bonded warehouse. of bonded goods for exportation. permits for consumption _. Wood may be stored in warehouses of class three. Work on holidays, when permitted Working days for discharge of vessels, how computed--. Wrecked merchandise must be appraised. procedure for salvors' interest in uncertain property protected by Revenue-Gutter Servicevessels to be guarded by coast inspectors Wrecks, remains of, may be exported to be visited by coast guard .. Written authorization of clerks of consignees. Article. 215 '73 35 25 186 206 196 211 208 187 152 125 161 162 161 242 33 164 163 93 Y. Yachts not liable for tonnage taxes-----.-.-.-.-------------.-.---.-------176 Yards, when used as warehouses. ._.__. .184,187 O .. . _. .. .. . _. .. ._ .. ._


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