equal and mutually advantageous, I am directed by the President to request you to bring the above-mentioned provisions of this act of Congress to the attention of your Government, and to express the hope that you may be empowered to enter with me upon the consideration of the subject, with a view to the adjustment of the commercial relations between the two Republics on a permanent basis of reciprocity, profitable alike to both. Accept, sir, etc., JAMES G. BLAIne. DECREE OF NICARAGUAN GOVERNMENT. REPUBLIC OF NICARAGUA, Whereas the Government must watch that the privileges and favors granted under the reciprocity commercial arrangements entered into between this Republic and the United States, as to certain articles of merchandise imported from the latter, do not result in detriment to the public revenue, by being unduly extended to merchandise coming from other countries, which are not entitled to the same benefits, and imported, or intended to be imported, as if coming from the United States; it has, therefore, decreed the following: ARTICLE 1. The importers of merchandise manufactured in the United States shall be bound, in order to enjoy the benefits provided for in the said commercial arrangement, to append to declarations to be filed by them before the custom authorities, a certificate from the proper official of the United States showing that the merchandise therein referred to has been manufactured in the United States, and this certificate shall have to be authenticated by the Consul of Nicaragua of the respective place in the United States. ART. 2. The collectors of customs shall levy the proper duties on all merchandise, claimed to be entitled to free admission, whose origin is not proven by the authenticated certificate provided for in the preceding article. ART. 3. The provisions of the present decree shall begin to be in force one month after date. Appendix C. THE JEWELL IRRIGATION CONTRACT. The Minister of Public Works, in representation of the Government, and Jesse J. Jewell for himself, have agreed as follows: First. The Government grants Jewell for thirty years the exclusive right of using the waters of the Gil Gonzalez River and its tributaries, to supply with water the towns and to irrigate the lands that lie within the following limits: To the east of Lake Nicaragua, to the south of the Enmedio River, to the west of a line that will commence from the principal branch of the Gil Gonzalez River and terminates 5 miles above the mouth of the Enmedio River, and to the north of a line to be drawn at a distance of 1 mile from the left bank of the Gil Gonzalez, parallel with said bank. Second. Jewell obliges himself (1) to commence the damming up of the river and to construct the water reservoirs within one year, to be counted from the date of ratification of this contract by the Congress of the Republic; (2) to furnish the water necessary for the irrigation of the cultivated lands that lie within the aforesaid limits, it being understood that the water stored up be sufficient for that purpose, even after supplying the towns of Rivas, San Jorge, Potosí, Buenos Aires, and Belem; (3) to sell water in these towns in public places, to be established, and to supply the houses of the inhabitants who shall wish it; (4) not to charge more than 1% cents during the first fifteen years of this concession nor more than 1 cent during the rest of the term, for each cubic foot of water that he may sell at public places or deliver through pipes to dwellings; (5) nor to charge over $15 for every hundred thousand gallons of water per manzana he furnishes for the irrigation of plantations, it being well understood that these prices do not comprise pipes, faucets, and other fixtures necessary for the distribution of water in dwellings, nor the pipes nor channels for the supply on the plantations to be irrigated, the cost of these materials to be reimbursed to Jewell by the parties interested, at conventional prices; (6) to establish the public water-selling place at least in three of the towns mentioned within two years after commencing work, and to have the water supply ready for the rest of the towns one year after at the latest, so that the whole enterprise may be in full running order within four years after the ratification of this contract. In case that Jewell should not be able to furnish the water for irrigation, the privilege granted to him for that purpose will be forfeited, or limited to the area he is able to supply, for which end he has to publish an announcement, indicating such area at the latest one year after finishing the principal dam. The privilege regarding irrigation will also be forfeited in case that, in spite of announcing its readiness, it should be evident that he can not manage it in the proportion of a hundred thousand gallons to one manzana of land during five consecutive months in the dry season. Third. The term of thirty years referred to in clause 1 is to commence on the date on which the selling of the water in any of the towns mentioned in article 2 is begun, and this term as well as the one stipulated for the commencement and conclusion of the work may be prorogued to a space of time equal to that of any impediment caused by a war in which the Republic might get entangled, or by natural obstacles brought about by soil or climate. At and after the end of thirty years mentioned, the State has the right at any time to buy the enterprise for two-thirds of its valuation as made by experts, one to be approved by either party who will designate a third in case of non-agreement. If the State should not buy the enterprise after thirty years referred to, Jewell may continue to exploit it for another thirty years with the obligation of paying to the Government 5 per cent of the net earnings. The second thirty years having expired, the enterprise will be transferred to the State without any remuneration, but Jewell will have the preference in case the Government should resolve to sell or lease it. Fourth. The enterprise is hereby declared one of public utility. Jewell will have the right to expropriate, according to the law, the private lands he may need for the construction of dams, artificial lakes or reservoirs, buildings, and the erection of machinery; and he may occupy national lands, taking from them the timber and material he needs for construction; but it is understood that Jewell obliges himself to excavate a well on each of the estates adjoining the Gil Gonzalez River, which, up to the present moment, are using the waters of the river and which may be deprived of this right by consequence of their being disposed of for this enterprise. Fifth. During the term in which Jewell conserves the right of exploitation, he will have the privilege of importing free of any Government or municipal taxes or duties all the machinery and fixtures he needs for said enterprise. Sixth. No authority can hinder the execution of the work of the undertaking. It is understood, however, that Jewell obliges himself to repair any alterations he may make in the streets and roads for the location of pipes or in the construction of channels in such a manner as will not disturb the traffic on them. Seventh. The Government will have the right of examining through its confidential agents the construction of the dams and any other work the defects of which might cause damage to the public, and in case that Jewell should continue to exploit the enterprise after the first thirty years referred to in this contract, then the Government shall have the right of examining the accounts whenever it deems convenient. Eighth. Jewell may organize a company for the execution of this contract. Ninth. In order to guarantee the fulfillment of this contract, Jewell binds himself to deposit in the general Treasury $2,000, at the latest, six months from the date of the ratification by Congress. These $2,000 will be returned to him as soon as the selling places of the water are established at Rivas and Potosi. Tenth. Any question that may arise between the Government and Jewell relating to interpretation shall be subjected to the decision of two arbitrators, one to be appointed by either party, who, before giving their opinion on points in litigation, shall appoint a third in case of non-agreement. The decisions of the arbitrators or of the third in this case is irrevocable. The arbitrators shall be appointed within six months counting from the day that either party in writing declares to the other the want of agreement upon the point in discussion. If either of the parties allows the term indicated to expire without appointing his arbitrators, the opinion and claim of the other shall be taken as prevalent. Bull. 51-10 Appendix D. THE MINING CODE OF NICARAGUA. (February 11, 1876.) TITLE I.-Preliminary provisions. SECTION. 1. The mining industry has for its object the working of all deposits of metallic ores, or of coal and combustible substances, salt, and precious stones, whatever the form may be in which they are found either on the surface of the ground or under it. SEC. 2. The character of mines and mining works shall be given, under the provisions and for the purposes of the present law, to only those undertakings which have for their object the extraction of any of the substances named in the preceding section, whether by excavating pits, or making subterraneous galleries, or by resorting to any mining process or method in use either at Nicaragua or abroad, and in permanent establishments. SEC. 3. All deposits of mineral substances which can not be classified under any of the four heads mentioned in section 1, whether they belong to the class of earthy substances, as siliceous and building stones, lime, or chalk, or to the class of ornamental stones, as serpentine, marble, alabaster, porphyry, &c., as well as the different kinds of clay, and other materials, shall be of common use if found on grounds which do not belong to any private individual or company, or the private property of the owner of the soil if found on private grounds. Notwithstanding this provision, when the substances herein referred to can be made use of for the manufacture of earthenware, or of crockery, glass, crucibles, and refractory bricks, or for any other industry, or for constructions in which the public is interested, then and in that case the working of these deposits may be made the subject of a concession by a government, even if they are in private lands; but sufficient guarantee shall be previously given to the owner of the said lands that he will be properly indemnified. TITLE II. Of the ownership of the mines, and the manner in which private parties can acquire it. SEC. 4. The ownership of the mines, such as they have been defined in section 1, belongs exclusively to the nation; but it can be transferred to private parties, in the manner and under the conditions which the present law establishes. 146 |