ART. 5. Sailing vessels or steamers will be at liberty to proceed to the nonopen port of Fort Liberte and there to ship cargo or complete

their cargo.

In this case they shall make their entry in the port of Cape Haitien and pay the duties on their hulks and call dues before proceeding to the nonopen port.

After taking on or completing cargo said ships shall return to the port of entry in order to be properly cleared.

ART. 6. Foreign or Haitian seagoing vessels are not allowed, under penalty of a fine of from 500 to 1,000 piasters in legal currency, to anchor along the coasts, save in case of an accident or of uncontrollable circumstances.

Any vessel caught in the act of unloading or loading goods or wares along the coast shall be confiscated and sold by the judicial authorities, as well as the goods or wares.

ART. 7. Any attempt or undertaking purporting to avoid the duties due to the State shall be investigated, prosecuted, and punished according to law.

The statute of limitation shall apply on the expiration of five years. ART. 8. Attempts or acts of smuggling under threat of arms shall be liable to the penalties laid down in articles 326, 327, and 328 of the Penal Code.

ART. 9. Every ship used in smuggling shall be liable to a fine of from 500 to 1,000 piasters in legal currency and the goods or provisions shall be seized, forfeited, and sold by the judicial authorities.

This shall also be the case in regard to vessels when the value of the articles seized exceeds 1,000 gourdes and the offenders or persons concerned in the fraud shall be sentenced to an imprisonment of from one to five years.

ART. 10. Any person abetting smuggling and having knowingly received on deposit or bought smuggled goods or wares shall be arrested, tried, and sentenced to an imprisonment of from six months to two years and to a fine of from 100 to 500 piasters in legal currency. ART. 11. A merchant convicted of smuggling shall forfeit his license to trade.

ART. 12. The customs officials remain authorized to search, if necessary, persons coming ashore from seagoing or coasting vessels, and to confiscate as being smuggled any goods found upon them.

The contraveners shall be arrested, tried, and sentenced to an imprisonment of from six months to two years and to a fine of 500 piasters in legal currency.

ART. 13. The net proceeds of the sale of seized and confiscated goods or vessels shall be divided into two equal shares between the State and those who denounced the fraud or captured the vessel.

ART. 14. Proceedings against contraveners of these provisions shall be taken by the public prosecutor of the district, in exercise of his special powers, before the proper courts, either on the requisition of the customs directors or officials or on the requisition of the police authorities or even de officio.

ART. 15. Dutiable goods shall all stand as security for the duties. leviable thereon.

No package may be delivered except upon production of the receipts for duty relating thereto under penalty of dismissal of the customs director and of the application of all penalties provided in the Penal Code.

ART. 16. No exemption from duty shall be granted, save in cases determined by law or by contracts entered into with the State.

ART. 17. The State shall not be responsible for accidents arising from uncontrollable circumstances, or for damage and deterioration suffered by the goods prior to their entry in the depots or during the time they lie at the customs.

It shall only be accountable in case goods disappear between the time of their entering the custom-house and the assessment of duty. The customs halls can in no case be used as depots.

ART. 18. Sailing vessels are only allowed to take cargo for one single port in Haiti.

ART. 19. Rum, tafia, sirup, molasses, raw and clayed sugar are prohibited to be imported. They shall be forfeited and sold on account. of the State; and all obscene works or objects shall likewise be confiscated and burned.

ART. 20. The agents of steamers and the consignees of sailing vessels are responsible for the fines incurred by the master.

ART. 21. No import duty of any kind shall be levied on books, cards, plans of national authors, machines, and accessories of all kinds suitable for industry, for facilitating the working of the soil or preparation of native products, nor on the articles specified in schedule No. I.

ART. 22. The articles designated in schedules Nos. II and III are prohibited to be imported and exported.

ART. 23. Wharfage and weighing dues shall be levied in accordance with tariff No. V.

ART. 24. The customs officials and employees are required, under penalty of suspension or dismissal, to be at their office punctually at the regular hours.

TITLE II.-Consuls.

ART. 25. No person is allowed to be a consul for Haiti if he is a forwarding agent.

ART. 26. The consuls shall certify bills of lading, manifests, invoices, and other documents relating to the clearance of vessels. These documents must be made out in four original copies.

In ports where there is no consul for Haiti the documents shall be verified by a notary public or a justice of the peace.

ART. 27. They will send, always by the quickest route, to the Secretary of State for Finance and Commerce (through the Administrator of Finance of the place of destination of the goods or vessels) one copy of each of above-named documents, which, after control, shall be transmittted to the Chamber of Audits, and also every fortnight forward a detailed statement of goods and other products of Haiti making up the export shipments, with specification of the ports of clearance of the vessel, quality and quantity of goods, and names of shippers. Consuls in neighboring islands and ports shall be required to furnish to the Secretary of State for Finance and Commerce a monthly statement showing in detail the cargo of all ships or craft of Haiti that have arrived in their ports, and specially report those which have landed wares from Haiti or which are suspected of fraud.

These statements, after being used to control the shipments of merchandise, shall be then transmitted to the Chamber of Audits.

ART. 28. Consuls are bound, under penalty of dismissal, to notify under special cover and by each vessel, both to the Secretary of State for Finance and Commerce and to the Administrator of Finance at the place of destination, the number of bills of lading to order certified by them, and to indicate the marks, countermarks, numbers, and weight of each package.

ART. 29. Consuls are required to communicate the provisions of the present law to persons concerned on application.

ART. 30. They shall refuse to certify such manifests and bills of lading as do not comply with the requirements of the law.

TITLE III-Bill of lading.

ART. 31. All goods consigned from abroad to a port in Haiti must be accompanied by a bill of lading. Should a portion of the cargo be the property of the master, the latter shall not be dispensed from this formality.

ART. 32. The bill of lading shall state: Name of consignor, name and address of consignee, name of the master, name and tonnage of the ship, and place of departure and of destination. It shall express the freight expenses, nature, gross weight or volume of the goods, and show in the margin the marks and numbers on the packages.

ART. 33. The bill of lading shall be numbered in serial order, which is to be repeated on the consular manifest, and the consul shall open a register and enter therein the number opposite the names of consignor and consignee.

ART. 34. Each package is to clearly bear the consignee's initials and a number.

Bull. No. 4-06- -8

ART. 35. The consul shall refuse to certify any bill of lading on which more than one package is indicated under the same number. ART. 36. The absence of the bill of lading will involve forfeiture of the goods and sale thereof by auction for the benefit of the State.

TITLE IV.-Invoice.

ART. 37. All goods forwarded to Haiti are required to be accompanied by an invoice.

ART. 38. This invoice will indicate the marks, countermarks and numbers on, and quantity of the packages, the detailed contents of each, the price of the goods, the freight, expenses, and port of shipment. It must be a literal reproduction of the consignor's books.

In case the goods are to order, the words "to order" shall be inserted in lieu of the consignee's name.

ART. 39. Every invoice presented for the consul's certification shall contain at foot the following declaration, to be signed before a commissioner or any other duly authorized person:

I affirm that this invoice is the faithful and true expression of the truth; that it agrees with my books in every particular; that no alteration has been made in the usual description, in the weight, quality, or quantity of the articles therein specified. ART. 40. The absence of the invoice will render the package liable to be sent back.

ART. 41. In case of dispute between the consignor and consignee the invoice, certified to by the consul, shall alone be accepted as evidence before the court.

TITLE V.-Ship's manifest.

ART. 42. Every vessel coming from abroad with or without cargo must be provided with a manifest issued in four copies, signed by the master, made up and viséed by the Haitian Consul, notary public, or justice of the peace at the place of departure.

ART. 43. The manifest shall indicate: Name and tonnage of the vessel; names of the master, consignors, and consignees; marks, countermarks, and numbers on the packages; number and volume of each package; nature and weight of the goods. Ship's provisions must appear on the manifest under penalty of forfeiture.

ART. 44. The master is bound to mention in the manifest, before presenting it to the customs authorities, any packages appearing on bills of lading which have not been shipped or which have been thrown overboard during the voyage, failing which he shall be liable to a fine of 500 gourdes in legal currency. Goods short shipped and duly described may be loaded on another vessel, whose manifest is to contain a note to the effect that such goods were not embarked in the vessel in the manifest of which they originally appeared.

ART. 45. Four copies of the manifest for steamers may be required for each port of destination.

ART. 46. Masters or their representatives shall, at the time the manifests are to be viséed, take the following oath, which shall be written by the consul at foot of the manifest:

I swear that this manifest contains exactly the packages loaded on board my ship; that the quantities are in conformity with those appearing in the bills of lading. I declare to accept any penalties I might incur for infringing the customs law. In witness whereof I have signed the present manifest.

ART. 47. The absence of the manifest will render the master liable to a penalty of 500 gourdes if the vessel is in ballast, 1,000 gourdes if the vessel is laden.

TITLE VI.-Entry of ships.

ART. 48. No person other than the pilot, the medical officer of the port, and the customs officials can board an incoming trading vessel until the formalities provided by law have been complied with.

ART. 49. The pilot shall deliver to the master a book containing all the provisions of the present law in regard to the duties of masters. The head of the port traffic is required, under penalty of dismissal, to enforce execution of the foregoing rules.

ART. 50. So soon as a sailing vessel arrives, the Director of Customs shall designate an employee, who is to go on board, assisted by the head of the port traffic or his deputy. They shall call upon the master to produce the manifests, bills of lading, invoices, and customs receipts, and shall seal down the hatchways.

They shall draw up a report of the application of the seals, also an inventory of such goods as could not be put into the hold, obtain the master's signature thereto, and forward the papers, without delay, to the Director of Customs, together with the other documents delivered by the master.

ART. 51. The Director of Customs shall sign the manifests, bills of lading, and customs receipts and add the day and hour when delivered. to the interpreter.

ART. 52. The master of a sailing vessel shall, immediately on his arrival, make his declaration of entry, and for that purpose he shall be accompanied to the custom-house by the consignee. He shall, in the presence of the Director of Customs, the Comptroller, and Interpreter, submit his ship's articles showing the ship's tonnage and shall make the following declaration, which is to be registered and to be signed by him, together with the consignee and the above-named officials:

I declare to submit to the laws of the country and to any penalties I might incur for infringing the said laws.