Bering Sea Tribunal of Arbitration United States.

Appendix to The case of the United States before the Tribunal of ..., Volume 1 online

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XVIII. Estos inspectores disfrutar^n un sueldo de $20 mensuales, el
cual, lo mismo que su manutencion, ser^n costeados por los arma^lores.

XIX. Son atribuciones de los inspectores, como auxiliares de la justi>
cia y dela policfa:

1. Practicar por de pronto las diligencias conducentes por los deli-
tos 6 infracciones que pueden cometerse en las armadas, remitiendo a
los infractores bien asegurados 4 la autoridad comx>etente.

2. Impedir el contrabando.



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MEXICO. 48^

3. Impedir que se buc^e fuera de la zona permitida.

4. Impedir la pesca de la cria.

5. Impedir que los armadores maltraten A los buzos 6 abusen de su
trabajo.

6. Avisar violentamente 4 la aduana de cualquier caso grave que
occurra, para el cual teiidraii la facultad de ocupar una embarcacion
l)eqiieria y el nuniero de tripulantes neeesaiio, todo de la misma
armada.

YUl.—Penas.

XX. Por cualquiera infraccioii de este reglamento que cometan los
armadores, impondnlu los administradores una luulta que no baje de
$5 iii exceda de $200, excepto en los casos de contrabaudo en que
se observar^n las preveneiones del araucel vigente.

XXI. Estas multiis ingresar^u en calidad de dep6sit<>, hasta que el
ministerio resuelva si estuvieren bien aplicadas, para lo cual el admi-
nisti'ador informard en cada que se aplique alguna.

Transitorio.

Se derogan los reglamentos anteriores.

Mexico, Junio 24 de 1874.

Mejia.



LAWS RELATING TO MEXICAN PEARL FISHERIES.
BEOULATIOH OF MABCH 16, 1872.

[Translation.]

Treasury Department. &c.,

First Section.
The collector of customs at Progreso having requested from this De-
partment instructions as to the proi)er method of procedure regarding
fishery interests along the coast of the Republic, the President has
seen tit, in the exercise of the faculties upon him conferred under par.
1 of Art. 85 of the constitution, to determine that the following regu-
lations, applicable along the entire coast of the nation, shall be com-
municated to him :

I. The privilege of fishing in the waters of the Eepublic, as well as
that of searching for pearl, and the benefit of all maritime products,
is free to all inhabitants of the Repnblic.

II. Foreign vessels can engage in the iransportation of such pro-
ducts, free of duty, and without any other condition than the register,
at the nearest maritime custom-house, of the name qf the vessel and
the names of the crew, such customhouse, whether a high sea port or
trjiding post, through its managers, shall issue the respective permit.

III. Such i)ermit is renewable annually, and upon issue thereof due
advice shall be served upon the treasury department.

IV. Foreign vessels can only engage in this traffic of transportation,
reporting previously to the aforesaid maritime custom-house, where
they shall pay the tonnage dues establishetl, or which may be estab-
lished, for foreign shipping, which is now at the rate of one dollar per
ton ; and they shall receive a temporary permit good only for six months.

V. To obtsiin such permit it shall be necessary to register the name
of the vessel, that of the captain, and those of the crew.

62



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490 FOREIGN STATUTES.

VI. The imraber of the crew on foreign vessels shall never exceed
twenty-five.

VII. The warrants and permits mentioned in these, regulations author-
ize their holders to set up along the coast provisional buildings to stoit)
the pnKlu(rts of the fisliing and for their preparation.

VIII. In order to set up said buildings it shall be necessary first to
secure license from the most available municipal authority, the crews of
the vessels being subject to the laws of the land from the moment sudi
permission is requested. The said municipal authority can not grant
the license save when the warrant or permit of the respective maritime
house is produced.

IX. The municipal authority shall assign the place where such build-
ing can be erected for the time covered by the permit.

X. The maritime customs gimrds are at liberty at anytime whatso-
ever to visit the fishing or diving establishments and to inspect the ves-
sels assigned to that service, to the end that under cover of the conces-
sion there may be no smuggling of foreign goods as against the i)rovi-
sions of the general customs ordinance.

XI. In case of smuggling discovered delito infranganti, the belongings
of the company and the vessels shall be confiscated, while, in acconl-
ance with the stipulations of the maritime customs ordinance, the veq-
uisite judicial proceedings shall be had and the imposition of the fines.

XII. In accord with experts and practical intelligent persons, the
collectors of customs shall determine the time when pearl fishing may
be engaged in, such fishing not to be permitted when there is any dan-
ger of injuring or destroying the mother shell.

XIII. The customs collectors shall designate the territory or space
wherein any concessionaire may conduct fishing, diving, or other like
oi>e7ations, placing requisite signs or marks to the end that the inter-
ests of any third party shall not be injured. The extent of such terri-
tory shall be designated in the permit issued.

XIV. Mexican or foreign vessels which may engage in fishing or div-
ing traffic in violation of this regulation and the general laws of the
Kepublic shall be fined, such fine being imposed by the collector of cus-
tcnns at the point nearest to the scene of arrest, the fine to be in the
sum stipulated under the law, the offending vessel to be held in theiwrt
until such fine be satisfied.

XV. These regulations written in Spanish, French, English^ and Ger-
man shall be posted up in a conspicuous place in each of the maritime
custom-houses.

Mexico, March 16, 1872.

BOMEBO.



DECBEE OF APBIL 21, 1874

tTraiiHlation.)

Department of the Treasury, etc..

Section 5, Table 5.
The President of the Republic has been pleased to address me the
following decree:

Sebastian Lerdo De Tejada, Constitutional President of the United
Mexican States, to the inhabitants thereof: Know Ye,
That the Congress of the Union has seen fit to deci*ee the following:
The Congress of the Union decrees:
Art. 1. The pearl fisheries along the coast of Lower Califorma shall



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MEXICO. 491

be divided into four districts, the limits whereof shall be designated
by the Executive.

Art. 2. The fishing for shell and for pearl can be carried on alter-
natively each two years in any one of the distric^ts, but under no con-
sideration shall the mother shell be removed. Violators of the rule are
liable to a fine of from $100 to $500.

Art. 3. In conformity with this law, the Executive shall modify the
Fishery Law of March 10, 1872.

Palace of the Legislative Power of the Union, April 21^ 1874.

E. G. Guzman,

Speaker of the ffovse,

A. ElBA Y ECHEVEREIA,

Clerk of the House.

S. NiETO,

Clerk of the House.

I therefore order that the same may be printed, published, and cir-
culated and given due compliance.

Given at the Palace of the Federal Government of Mexico, on the
2l8t of April, the year one thousand eight hundred and seventy-four.

Sebastian Lebdo Be Tejada.

To C. Francisco Megia,

Secretary of the Treasury ^ etc.

And I communicate, etc.
Independence and liberty.
Mexico, April 21, 1874.

Megia.



OBDIKAHCE OF JUNE 24, 1874.

[Translation.]

Department of the Tbeasitry, &c., &c.

Section 5, Table 5,

REGULATIONS TO GOVERN PEARL DIVING UNDER PROVISIONS OF THE
DEGREE OF APRIL 21, 1874.

I. — JHvingy etc,

1. Diving for pearl is free along the coast of the Mexican Repnblic,
alike for the inhabitants thereof as well as for foreigners, provided they
always are obedient to tbe laws of the land and to the regulation stipu-
lations.

2. Whenever any person desires to open up fishing grounds he may
api)ly for permission to the nearest customs collector, who can not deny
him.

3. The fisheries shall last from May 16 to November 15 of each year,
and under no conditions whatsoever can this term be extended.

4. No pearl cruiser can prevent any i>erson whatever from frequent-
ing the fishing grounds, and even purchasing pearls, j)rovidcd always
that the latter are the legitimate property of the vendor; in contrary
event the vendee and the vendor alike being subject to the law govern-
ing stolen jiroperty.



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492 FOREIGN STATUTES.

IT. — Districts.

5. The pearl fisheries along the coast of Lower California shall be
divided into four districts in accordance with the Supreme Decree of
April 21 of the present year.

Note. — The sections of the law which are omitted relate to the bonndarles of the
fishiii^r lUstrictft, the equipment of divers, and the collection of debts <luc by divers to
the cruisers.

• ••••••

rV. — Foreign Vessels.

13. All foreign merchant vessels can come to the coast of the Repub-
lic to engage in pearl fishing, provided they comply with the laws in
force and with the following provisions, to wit:

i. The prior request for i}erinission.

ii. The i)ayment of tonnage dues established or to be established,
and the payment of light-house charges wherever such are required.

iii. The record upon the register of the name of the vessel, that of
the captain, and of his crew.

iv. That the number of foreigners in any crew shall not exceed
twenty-five.

V. That the list of provisions shall be made out in accordance with
the reqiusites provided under the customs ordinance.

vi. The payment of duties established or to be established upon
food and provisions in excess.

V. — Inspections.

14. The collectors of customs shall arrange that the fleets of the fish-
ermen shall be inspected at least on six occasions during the fishing
season.

15. The inspectors shall investigate whether compliance is had with
the provisions of the Supreme Deciee hereinbefore mentioned, as well
as with these regulations.

IG. The employe or officer charged by the customs collector with the
inspection shall render a detailed report of all that may occur and
which it may be exi)e4ient to remember.

YI. — Inspectors of Fleets.

17. The custom-house shall appoint one or two inspectors for each
fleet.

18. These iuspectors shall draw a salary of twenty dollars a month,
which, with their board, shall be paid by the cruisers.

19. The following are the duties of the inspectors in connection with
the police and the courts :

i. To take immediate action in case of crimes or ofl'enses committed
upon the vessels, committing the trespassers, under safe guard, to the
competent authorities.

ii. To prevent smuggling.

iii. To prevent fishing outside of the district allowed.

iv. To prevent the extraction of mother shell.

V. To prevent cruisers from illtreating the divers or taking undue
advantage of their work.

vi. To advise instantly the custom-house regarding any serious case
which may occur, to which end they may occui)y a smaU vessel, with
the necessary crew, drawn from the fleet.



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HOVERING ACTS. 493

YII. — Penalties.

20. Any transgression against these regulations committed by the
cruisers shall be punished by the customs colle^^^tors with a tine of not
less than tive dollars nor exceeding two hundred dollars, except in
cases of smuggling, in which case the customs regulations shall be en-
forced.

21. These fines shall be deposited, and held in deposit, until the De-
partment (Treasury Department) shall decide upon their legality, to
which end the customs collector shall in each case submit a report.

Transitory.

All foregoing regulations are annulled.

Mexico^ June 24, 1874.

Megia.



HOVEEING ACTS.
OBBAT BBITAHr.

[ft. Geo II, Cap. 35. A. D. 1736.]

An act for indemnifying persons wholiave been guilty of offenses against the laws
made for securing the revenues of customs apd excise, and for enforcing those
laws for the future.



XXII. A7id he it further enacted by the authority aforesaid, That from
and after the said twenty-fourth day of June, one thousand seven hun-
dred and thirty-six, where any ship or vessel whatsoever coming or
arriving from foreign parts, and having on board six pounds of tea, or
any foreign brandy, arrack, mm, strong waters, or other sprits whatso-
ever, in casks under sixty gallons (except only for the use of the sea-
men then belonging to and on board such ship or vessel, not exceeding
two gallons for eac^h seamen) shall be found at anchor or hovering
within the limits of any ofthei>oi'ts of this Kingdom, or within two
leagues of the shore, or shall be discovered to have been within the
limits of any port, and not proceeding on her voyage, wind and weather
l)ermitting (unless in case of unavoidable necessity, and distress of
weather, of which necessity and distress the mjister, purser, or other
person having or tiiking the charge or command of such ghip or vessel
shall give notice to, and make proof of before the collector or other chief
officer of the customs of such poii; as aforesaid immediately after the
arrival of such ship or vessel into the said port) all such tea, foreign
brandy, arrack, rum, strong waters, and spirits, together with the chests,
boxes, and casks, and other package whatsoever, containing the same
goods, or the value thereof, shall be forfeited and lost (whether bulk
shall then have been broken or not) and the same goods and package
shall and may be seized and prosecuted, or the value thereof sued for
by any officers of the customs or excise in such manner and form as
hereinafter is expressed; any law, statute, or custom to the contrary
nothwitlistanding.

XXIJI. An^ whereas foreign goods are frequenthj taken out of ships at
sea irithont the limits of any port ^ with Intent to be fraudulently Ian led in
thin kingdom; for i>reventing thereof, be it further enacted by the au-
thority aforesaid, that in case any foreign goods, wares, or merchan-
dizes shall, after the twenty ninth day of tSeptembeVy one thousiind



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494 FOREIGN STATUTES.

seven hundred and tliirty-six, by any sliip, boat, or vessel whatsoever,
be taken in at sea, or put out of any ship or vessel whatsoever, within
the distance of four leagues from any of the coasts of this kingdom
(whether the same be within or without the limits of any of the ports
thereof) without payment of the customs and other duties due and pay-
able for the same (unless in case of apparent necessity or some other
lawful reason, of which the master or other person having charge of
such ship, vessel, or boat so taking in the same shall give immediate
notice to and make proof before the chief officer or officers of the cus-
toms of the first port of this kingdom where he shall arrive), such goods,
wares, and merchandizes shall be forfeited and lost, and the master or
other person having charge of such ship, vessel, or boat so taking in
the same and all such persons who shall be aiding, assisting, or otherwise
concerned in the unshipping or receiving of the said goods, wares, or
merchandizes shall forfeit treble the value thereof; and the ships,
boats, or vessels into which the said goods, wares and merchandizes
shall be unshipped and taken in shall also be forfeited and lost, any
ship, boat, or vessel, so to be forfeited and lost not exceeding the bur-
then of one hundred tuns; and the master, purser, or other person tak-
ing charge of such ship or vessel out of which such goods shall be taken
(unless in case of such apparent necessity or other lawful reason, where-
of notice shall be given by him, and proof be made as aforesaid) shall
also forfeit treble the value of the goods so unshipped as aforesaid ;
which forfeitures shall be divided and recovered in such manner as is
hereinafter mentioned.



UHIYKD STATES.



Sec. 2760. The officers of the revenue cutters shall respectively be
deemed officers of the customs, and shall be subject to the direi^tion of
such collectors of the revenue, or other officers thereof, jis from time to
time shall be designated for that purpose. They shall go on board all
vessels which arrive within the United States or within four leagues of
the coast thereof, if bound for the United States, and search and exam-
ine the same, and every part thereof, and shall demand, receive, and
certify the manifests required to be on board certain vessels, shall affix
and put proper fastenings on the hat(;hes and other communications
with the hold of any vessel, and shall remain on board such vessels
until they arrive at the port or place of their destination.

Sec. 2867. If after the arrival of any vessel laden with merchandise
and bound to the United States, within the limits of any collection-
district or within four leagues of the coast, any part of the cargo of
such vessel shall be unla<len, for any purpose whatever, before such
vessel has come U) the proper place for the discharge of her cargo, or
some part thereof, and has been there duly authorized by the proper
officer of the customs to unhide the same, the master of such vessel and
the mate, or other person next in command, shall respectively be liable
to a penalty of one thousand dollars for ea(*h such oftense, and the
merchandise so unladen shall be forfeited, except in case of some un-
avoidable accident, necessity, or distress of weather. In case of such
unavoidable accident, necessity, or distress the master of such vessel
shall give notice to, and, together with two or more of the officers or
mariners on board such vessel, of whom the mate or other person next



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HOVERING ACTS. 495

in eommand shall be one, shall make proof upon oath before the col-
lei!tor, or other chief oflBter of the customs of the district, within the
limits of which such accident, necessity, or distress hai)peiicd, or be-
fore the collector, or other chief officer of the collection-district within
the limits of which such vessel shall tirst afterward arrive, if the acci-
dent, necessity, or distress hapi)ened not within the limits of any dis-
trict, but within fcmr leagues of the coast of the United States. The
collector or other chief officer is hereby authorized and required to
administer such oath.

Sec. 2868. If any merchandise, so unladen from on board any such
vessel, shall be put or received into any other vessel, excei)t in the case
of such accident, necessity, or distress, to be so notifie<l and proved, the
master of any such vessel into which the merchandise shall be so put
and received, and every other person aiding and assisting tlicrein, shall
be liable to a penalty of treble the value of the merchandise, and the
vessel in which they shall be so put shall be foi-feited.



8T. HELENA ACT.



(56 Geo.ni. Cap. 23. 11th April, 1816.1



AN ACT for regulating the Intercourse with the Island of St. Helena j during the
tirae Napoleon Jinonapart^ shall be detained there; and for indemnifying Persons
in the Cases therein mentioned.

« • « « » « «

TV. And be it further enacted, That it shall and may be lawful to and
for the Governor, or in his Absence the Deputy Governor of the said
Island for the time being, or for the Commander for the time being of
His Majesty's Naval or Military Forces stationed off or at the said Island,
resi)ectively, and the Persons acting under his or their Orders and Com-
mands, respectively, by all necessary Ways and Means to hinder and
prevent any Ship, Vessel, or Boat, Ships or Vessels or Boats, (except
Ships and Vessels of and belonging to or chartered by the said United
Company of Merchants, and also duly licensed by the said Company for
that Purpose, as hereinbefore mentioned,) from repairing to, trading, or
touching at the said Island, or having any Communication with the
same; and to hinder and prevent any Person or Persons from landing
upon the said Island from such Ships, Ve.ssels or Boats, and to seize and
detain all and every Person or Persons that shall land upon the said
Island from the same; and all such Ships, Vessels or Boats (except as
above excepted) as shall repair to, or traile, or touch at the said Island,
or shall be found hovering within Eight Leagues of the Coast thereof, and
which shall or may belong, in the Whole or in Part, to any Subject or
Subjects of His Majesty, or to any Person or Persons owing Allegiance
to His Majesty, shall and are hereby declared to be forfeited to His
Majesty, and shall and may bi» seized and detained, and brought to
UfUfland^ and shall and may be prosecutctl to Condemnation by His
Majesty's Attorney General, in any of His Majesty's Courts of Kecord at
Westminster^ in such manner and form as any Ship, Vessel or Boat
maybe seized, detained, or prosecuted for any Breach or Violation of
the Navigation or Revenue Laws of this Country; and the Offence for
which such Ship, Vessel or B)at shall bo proceeded against shall and
maybe laidandcharged to have been done and committed in theCounty of
Middlesex; and if any Ship, Vessel or Boat not belonging, in the Whole



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496 FOREIGN STATUTES.

or in Part, to any Person or Persons the Subject or Sub jec*ts of or owing
Allegiance to His Majesty, his Heirs and Successors, shall rei)air to, or
trade or touch at the said Island of Saint Helenaj or shall be found
hovering within Eight Leagues of the Coast thereof, and shall not de-
part from the said Island or the Coast thereof when and so soon as the
Master or other Person having the Charge and Coniiuand thereof shall
be ordered so to do by the Governor or Lieutenant Governor of the said
Island for the time being, or by the Commander of His Mjyesty's Xaval
or Military Force stationed at or off the said Island for the time being,
runless in ease of unavoidable Necessity, or Distress of Weather,) such
Ship or Vessel shall be deemed Forfeited, and shall and may be seized
and detiiined and prosecuted in the same manner as hereinbefore en-
acted as to Ships, Vessels or Boats of or belonging to any Subject or
Subjects of His Majesty.



aXTAEAimHE ACT OF 188ft.

[6 Geo. IV, C. 78. Sec*. 2, 8,9. 27th June, 1825.)

AN ACT to repeal the several Laws relating to the Performance of Quarantine, and to
make other Provisions in lieu thereof.

• •••••#

II. And be it enacted. That from and after the First Day of June^ One
thousand eight hundred and twenty-five, all Vessels, as well His Maj-
esty's Ships of War as others, coming from or having touched at any
Place from whence His Majesty, His Heirs or Successors, by and with
the Advice of His or Their Privy Council, shall have adjudged and de-
clared it probable that the Plague or other infectious Disease or Distem-
I)er highly dangerous to the Health of His Majesty's Subjects may be
brought, and all Vessels and Boats receiving any Person, Goods, Wares
and Merchandize, Packets^ Packages, Baggage, Wearing Apparel, Books,
LettiTS, or any other Article whatsoever, from or out of any Vessel so
coming from or having touched at such infected Place as afore^said,
whetlier such Persons, Goods, Wares and Merchandize, Packets, Pack-
ages, Baggage, Wearing Appai'el, Books, Letters, or other Articles, shall
have come or been brought in such Vessels, or such Person shall have
gone, or Articles have b^n put on board the same, either before or after
the Arrival of such Vessels at any Port or Place in the United Kingdom,
or the Islands of Guernsey^ Jersey^ Alderney^ Sark, or Mauy and whether
such Vessels were or were not bound to any Port or Place in the United
Kingdom or the Islands aforesaid, and all Persons, Goods, Ware.s and
Merchandize, Packets, Packages, Baggage, Wearing Apparel, Books,
Letters, or any other Article whatsoever on board of any Vessels so coming
from or having timc^hed at such infectetl Place as aforesaid, or on board
of any such Eeceiving Vessels, or Boats a« aforesaid, shall be and be
considered to be liable to Quarantine within the Meaning of this Act,
and of any Order or Orders which shall be made by His Majesty, His
Heirs and Successors, by and with the Advice of His or Their Privy
Council, concerning Quarantine and the Prevention of Infection, from
the Time of the Departure of such Vessels from such infected Place as
aforesaid, or from the time when such Persons, Goods, Wares, Mer-
chandize, Packets, Packages, Baggage, Wearing Apparel, Books, Ijet-
ters, or other Articles shall have been received on board respec-
tively. • • •



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HOVERING ACTS. 497

VIIT. And be it fiirtlier enacted, That every Coinmander, Master, or
other Person having the Chai ge of any Vessel liable to the Performance



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