APPENDIX. 
267 
fifty years, and not to levy upon the Negotiation or its funds any im- 
posts or forced loans. 
Art. 8. — The Government shall have the right of appointing the cus- 
tom-house officers which it may see fit, in the ports and in any other 
points it may choose on the line of communication ; but only for the 
purpose of recovering the duties of importation and exportation upon 
articles which do not come and go merely for the purposes of transport, 
and for preventing smuggling ; and in no case shall they interfere in the 
collection of transport dues, nor in the collection of freights, lighterage, 
or tonnage, or of any other class of dues ; for none shall be payable by 
vessels loading or unloading for the transport of effects as long as the 
communication shall belong to the Negotiation. The measures which 
the Government shall take for the prevention of smuggling shall be such 
as to cause no embarrassment or delay in the transport of effects across 
the Isthmus, and particular regulations will be adopted and issued to 
this effect. 
Art. 9. — When the works shall be completed, they shall be examined 
by two surveyors, one to be named by the Government and the other 
by the Negotiation, in order that they may declare whether it has ful- 
filled the terms of the contract ; and, in case these shall disagree, they 
shall nominate an umpire, who shall have the casting vote ; but no kind 
of question or difference shall prevent the line of communication from 
coming into operation as soon as it shall be ready ; and the Negotiation 
is always bound to fulfil the contract in every particular. 
Art. 10. — In case it should hereafter be found practicable to join the 
two seas by a cut, and that propositions to this effect shall be made by 
any individual or any company, they shall not be admitted, during the 
period of fifty years, for which the privilege is granted to Don Jose de 
Garay, without his previous consent, or that of those who may have ac- 
quired his rights. 
Art. 11. — The contract between the Government and Don Jose de 
Garay shall be drawn out in writing, according to the tenor of the ar- 
ticles forming the basis of this decree, with all the formalities required 
by law. 
Therefore I command that it be printed, published, and circulated, and 
duly carried into effect. Given at the Palace of the National Govern- 
ment this 1st day of March, 1842. 
Antonio Lopez de Santa Anna. 
Jose Maria Bocanegra. 
