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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."

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 any 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:

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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 of 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 appraise

ment.

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.

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 may be 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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