XIV. The order of preference as to the arrival of vessels shall be regulated by the company according to the date of arrival. XV. The wharves and warehouses referred to in this contract, and which Mr. SOLOMON is bound to construct, he may obtain by purchase, provided said wharves and warehouses are of the kind specified in Clauses II and III. XVI. This contract shall be in force for twenty-five years, counting from the day the said wharf and warehouse are completed, or from the date Mr. SOLOMON advises the Governor and Treasurer of the Department of Zelaya, owner of the wharf and warehouse necessary for the inspection of merchandise, and from that date said official shall promulgate it by means of a proclamation in every town, in order that the law governing the same be complied with. Said contract shall be forfeited for any of the following causes: 1. For transferring it, in whole or in part, directly or indirectly, to any foreign Government. 2. For not having completed the wharf and warehouse at Bluefields twelve months after the approval of this contract, except in case of main force or act of God duly proved. XVII. During the term of this contract, all the merchandise imported and exported shall pass over the wharf, and shall pay for the mere right of transit or wharfage 15 per cent less than the amount specified in Clause IV of the tariff established by the Corinto wharfage concession in accordance with the legislative decree of February 15, 1902. The chief of the inspection custom-house and that of the Bluff custom-house shall not permit the exportation of merchandise or products of all kinds unless the interested party first shows a receipt for the wharfage charges paid to Mr. SOLOMON's agent, or to his associates or successors. It shall be the duty of the custom-house collector at Bluff to give a voucher to every steamship or vessel carrying merchandise to Bluefields, specifying the weight and number of each package, and in case of dispute or difference, Mr. SOLOMON, his partners or successors, shall have the right to compel the importers to pay on the total weight that may actually result, after the investigations which shall be made by the chief of the revision custom-house. The Government shall, through the Treasury Department, order that the hours for loading and unloading shall be from 6 a. m. to 6 Vessels that arrive at Bluefields after that hour shall not unload and shall remain anchored until the following day under the penalties established in the respective regulations. XVIII. The Government shall install a telephone in Mr. SOLOMON's warehouse or warehouses for the use of employees and of the company, the expenses of which shall be borne by both parties. XIX. The provisions of Clause VII apply to all vessels that enter or clear from Bluefields for foreign ports or for the Bluff, Laguna de Perlas, Rama, and intermediate ports with baggage or any other freight except bananas. The transportation of mail matter to or from Bluefields shall be exempt from all charges. XX. Mr. SOLOMON, his successors or assigns, shall have the right to have a trustworthy clerk take daily memoranda at the Bluff of all the vessels and merchandise entering the places referred to in Clause IV; and the collector of that custom-house shall assist him in the proper performance of his duties. XXI. None of the employees of the Government at Bluefields or any other point in the Republic can exempt any vessel-not even Government vessels-from observing the duties imposed by this contract. XXII. All questions which may arise, or which actually do arise, because of this contract, shall be adjusted by arbitration, and the arbitrators shall be appointed in accordance with the laws of Nicaragua. XXIII. Mr. SOLOMON may transfer this contract to a limited company, but he agrees to maintain in Nicaragua a duly legalized representative for all kinds of transactions, judicial and extrajudicial, subject to the laws of the Republic. XXIV. After the expiration of the twenty-five years referred to in Clause XVI, the wharf and warehouse shall become the property of the Government, without any remuneration whatever, and the same shall be delivered in good condition. XXV. Mr. SOLOMON, his successors or associates, shall enjoy the fiscal privileges for the collection of the charges herein established, and shall do so in due form as provided for by the Police Law. In testimony whereof, the present contract is signed in the city of Managua on the 25th day of the month of February, 1904. Interlineations: Laguna de Perlas, the Rama, and intermediate points. Valid. Or of stone. Valid. Erased: Excepting those belonging to the Government and the vessels not carrying and bringing merchandise. Excepting those mentioned in Article X. Not valid. José D. GÓMEZ. T. M. SOLOMON. The President of the Republic, in exercise of his powers, orders the approval of the foregoing contract. Managua, February 25, 1904. The Minister of Fomento, ZELAYA. GÓMEZ. Additional article: Mr. SOLOMON is bound to increase his warehouses and wharves in proportion to the increase which the imports and exports may assume during the twenty-five years. The canoes belonging to the creoles who transport wood, fish, bananas, and necessaries from their own properties within the jurisdiction of Bluefields shall not be subject to the payment of any duty or tax, being obliged to come alongside the wharf either on entering or clearing from said port. JOSÉ D. GÓMEZ, The President of the Republic, in exercise of his powers, approves the foregoing additional article. Managua, February 25, 1904. The Minister of Fomento, ZELAYA. GÓMEZ. XXIV. After the expiration of the twenty-five years referred to in Clause XVI, the wharf and warehouse shall become the property of the Government, without any remuneration whatever, and the same shall be delivered in good condition. XXV. Mr. SOLOMON, his successors or associates, shall enjoy the fiscal privileges for the collection of the charges herein established, and shall do so in due form as provided for by the Police Law. In testimony whercof, the present contract is signed in the city of Managua on the 25th day of the month of February, 1904. Interlineations: Laguna de Perlas, the Rama, and intermediate points. Valid. Or of stone. Valid. Erased: Excepting those belonging to the Government and the vessels not carrying and bringing merchandise. Excepting those mentioned in Article X. Not valid. José D. GÓMEZ. T. M. SOLOMON. The President of the Republic, in exercise of his powers, orders the approval of the foregoing contract. Managua, February 25, 1904. The Minister of Fomento, ZELAYA. GÓMEZ. Additional article: Mr. SOLOMON is bound to increase his warehouses and wharves in proportion to the increase which the imports and exports may assume during the twenty-five years. The canoes belonging to the creoles who transport wood, fish, bananas, and necessaries from their own properties within the jurisdiction of Bluefields shall not be subject to the payment of any duty or tax, being obliged to come alongside the wharf either on entering or clearing from said port. JOSÉ D. GÓMEZ, The President of the Republic, in exercise of his powers, approves the foregoing additional article. Managua, February 25, 1904. The Minister of Fomento, ZELAYA. GÓMEZ. |