RULE I.

ART. 5. 1. The length of the vessel is measured in a straight line from stem to stern inside of the foot-waling, on the upper surface of the tonnage-deck. There are then deducted from it quantities corresponding to the rake of the stem on the part comprised in the thickness of the bordering of the deck and to the rake of the stern on a height equal to the thickness of the bordering of the deck, increased by a third of the convexity of the beam. The length thus found is divided in conformity to the following table into equal parts, of which the number depends on the class of the vessel, to wit: Length of the tonnage-deck, according to the method indicated above.

1st class, 51.33 feet (50 English feet) or less..

Number of divisions

to be made,

4

2d class, from 51.33 exclusively to 123.19 feet (120 English feet) inclusively.. 3d class, from 123.19 feet exclusively to 184.79 feet (180 English feet) inclusively..

4th class, from 184.79 feet exclusively to 230.99 feet (225 English feet) inclusively...

5th class, more than 230.99 feet.

10

12

§ 2. The interior of the vessel having been then rid of everything which could prevent the taking of the measures of height and breadth, the transversal sections, at each point of division of the length, are determined as follows:

At each of the points of division is measured the depth or the height from a point marked at a third from the rounding of the deck beneath the deck, or, if the deck is not united, from a line drawn in continuation from the deck, until on the upper narrow surface of the floor-timbers on one side of the step of the mast, by deducting the mean thickness of the foot-wale between the streak of the limber-board and the clamp. If at the middle section the height does not exceed 16.43 feet, (16 English feet,) the heights of all the transversal sections are divided into four equal parts. The hori zoutal breadth is then taken, inside of the mean thickness of the foot-wale, at each of the points of division of the height of each section, including the extreme points. Each breadth is numbered, (Nos. 1, 2, 3, &c.,) starting from the tonnage-deck, and multiplied; the breadths Nos. 2 and 4 by 4, the breadth No. 3 by 2, and to these added-up products are added the breadths Nos. 1 and 5. The total is then multiplied by the third of the distance between the divisions of the height. The result gives the area of the section.

If at the middle section the height exceeds 16.43 feet, each height is divided into six equal parts. The horizontal breadths are measured at each of the points of division, the extreme points included, and are numbered starting from the tonnage-deck; the breadths Nos. 2, 4, and 6 are multiplied by 4, the breadths Nos. 3 and 5 by 2; the products are added up, and the breadthis Nos. 1 and 7 are added. The total is multiplied by the third of the distance between the divisions of the height, and the result gives the area of the section.

3. The area of each of the transversal sections thus found, the calculation of the capacity of the vessel is continued as follows:

The transversal sections are numbered starting from the head. Independently of the number of divisions of length, there is multiplied: the 2d section and all other sections of even numbers by 4, the 3d section and all other odd sections (the first and the last excepted) by 2. The products are added up, and the first and the last sections are added if they are expressed in figures; the whole is multiplied by the third of the interval between the sections. This product gives the volume in cubic feet of the space beneath the tonnage-deck, and on dividing it by 108.187 the capacity of this volume expressed in tons is obtained.

§ 4. As regards large or small poops, rouffles, or any other closed and permanent structures on the upper deck which can be utilized for the stowage of goods or provisions, or for the lodging of the passengers or crew, the capacity is determined in the following manner:

In the inside the mean length of each compartment is measured, and the middle of this length is taken; at this point, as well as at the two extremities, the breadth of the compartment at half of its height is measured; to the breadths of the extreme points is added the breadth of the middle multiplied by 4, and the total is multiplied by the third of the distance between the divisions of the length; the product gives the mean horizontal area of the compartment, expressed in square feet, which area, multiplied by the mean height of the compartment, gives its volume in cubic feet. This volume is divided by 108.187, and the quotient which expresses the tonnage of the compartment is added to the tonnage already found from the space beneath the tonnage deck.

5. When the vessel has a third deck, the space comprised between this deck and the tonnage-deck is determined in the following manner:

The length of the middle deck is measured on the inside at midway of the height, from the foot-wale at the side of the stem to the inside facing of the futtock of the stern. This length is divided into as many equal parts as for the tonnage-deck. At each of the points of the division, as well as at the extreme points, the breadth is measured at midway of the height. The breadths are numbered, (1, 2, 3, &c.,) starting from the head. The second and the others having even numbers are multiplied by 4, and the third and the others having odd numbers, except the first and the last, are multiplied by 2; to the total of these products the first and last breadths are added; this total multiplied by the third of the distance between the points of division of the length gives the mean horizontal area of the middle deck expressed in square feet. The bulk of the middle deck expressed in cubic feet is then obtained by multiplying this area by the mean height. This product is divided by 108.187, and the quotient which expresses the tonnage of the middle deck is added to the tonnage already found. If the vessel has more than three decks, the tonnage of each middle deck will be calculated separately in the manner before described and added to the principal tonnage.

6. In vessels without decks the upper edge of the streaks of plank from stem to stern is considered as the limit of the space to be measured. Consequently, at each point of division of the length, the heights will be taken starting from a transversal line led from one side to the other of the above-mentioned limit.

ART. 6. In order to determine the tonnage which is to serve as a basis for the collection of duties, (net tonnage,) there will be deducted from the total tonnage, calculated according to the preceding article:

(a) In vessels propelled by steam or by any other mechanical power requiring a room for the engines, the space occupied by the impelling apparatus or which may be necessary to give access to the air and the light in the engine-room; in no case shall this deduction exceed 50 per cent. of the total tonnage;

(b) Each compartment, whether above or beneath the deck, exclusively appropriated to the lodging of the crew, and having a bulk of 78 cubic feet (72 English cubic feet) at least, and a horizontal area on the flooring of 12.64 square feet (12 English square feet) at least for each man intended to be there lodged; on condition, however, that the flooring, the bulkhead, and the roofing of the compartment in question should be well and duly calked, that it should be solidly constructed, and provided with the necessary arrangements for the change of air and the drainage of water, and, finally, if the vessel be Swedish, that the compartment shall have inscribed over the entrance or door, or on the beam, "-men," indicating the maximum number of persons who can be there lodged according to the foregoing rules;

(c) The galley, if it only occupies the space which is indispensable to enable the cook without difficulty to prepare the victuals for the passengers and crew;

(d) The hatch-frames of the stairways leading to the cabins and to the lodgings of the crew, the sky-lights, the hatchways, the quarter galleries, and other similar constructions of limited dimensions; and

(e) The shelters for the deck-passengers, as well as the saloons for passengers in general, placed on the decks of boats performing service on the rivers and coasts, (saloons and cabins used for lodging not included,) but this deduction shall only be allowed after the fitter-out or owner shall on his request have obtained from the general custom-house a special license for this purpose.

§ 2. In case the rules already prescribed cannot be applied to a calculation of the space of the compartments in question, the provisions of the instructions to measurers, of to-day's date, will be conformed to.

RULE II.

ART. 7. The length of the vessel is taken on the upper deck, from the after-surface of the stern-post to the outside surface of the bordering near the stem, or, if the vessel is without decks, from the after-surface of the stern-post beneath the streaks to the outside surface of the bordering near the stem. The length is divided into four equal parts, and at each point of division the whole circumference is measured, and thus becomes known as to three parts of the vessel. The area of each of the sections is determined by tables calculated in advance. To the forward section is added half of the middle section and the after-section. The result is multiplied by the third of the length, and by multiplying also the product by one of the following factors, to wit,

For wooden vessels..

For iron vessels..

0.0075 0.0078

the number of tons is obtained. The compartments on the deck, included in the tonnage according to § 4 of article 5 of Rule I, having then been measured and added, the total tonnage of the vessel is obtained.

2. To find the tonnage of these compartments, the mean length, breadth, and height of each of them are multiplied by each other, and the product is divided by 108.187.

§3. To determine, then, the tonnage which is to serve as the basis for the collection of duties, the same deductions will be made as are mentioned in article 6 relating to Rule I.

ART. 36. This ordinance shall go into effect on and after the 1st of April, 1875. Every Swedish vessel whose tonnage prior to that period has been measured according to the old method, and whose certificate of admeasurement is valid according to the regulations in force up to that day, shall be measured anew, in conformity to the provisions of the present ordinance, in the interval between the 1st of April, 1875, and the 1st of April, 1877. Every vessel in this category which shall enter into a Swedish port after the latter period, as well as every other vessel of more than ten tons capacity which, after the 1st of April, 1875, shall enter into a Swedish port, and shall not have had her tonnage measured according to the present ordinance, must be admeasured, even though they be laden, and on that account or on any other can only be admeasured according to Rule II.

No. 614.

Mr. Stenersen to Mr. Fish.

LEGATION OF SWEDEN AND NORWAY IN THE UNITED STATES,
Washington, May 20, 1875. (Received May 20.)

Mr. SECRETARY OF STATE:

Referring to your note of the 15th of March last, I have the honor, in obedience to the orders of my government, here with to send you a copy, together with a French translation of the order of the general direction of customs, dated April 6, 1875, relative to the exemption of United States vessels from admeasurement in Sweden. Be pleased to accept, &c.

O. STENERSEN.

[Inclosure.-Translation.]

Order of the general direction of customs.

In consideration of the provisions of the new royal order of May 15, 1874, relative to the admeasurement of merchant vessels, article 3, whereby foreign vessels having certificates of admeasurement given in their respective countries (in accordance with the principles established by said order) are exempted from the general obligation of admeasurement provided by the same article, on the condition, however, that Swedish vessels arriving in the ports of the foreign countries to which such vessels belong, shall be exempted from admeasurement; in view of the letter of March 30, 1875, whereby the minister of foreign affairs informed this office that the Government of the United States of America had declared that Swedish vessels, having a Swedish certificate of admeasurement, issued in accordance with the same principles, on or after the first day of April, 1875, should be considered in American ports as being of the net tonnage inscribed in the certificate, with the addition, however, of the cubic contents of the compartments, for which no deduction is allowed by the American law relative to the admeasurement of vessels. the general direction of customs orders and hereby gives notice that vessels of the United States of America having certificates of admeasurement issued in their country, in accordance with the principles established by the royal order aforesaid, shall be exempted from admeasurement in Swedish ports.

Stockholm, April 6, 1875.

A. G. VON BENNICH.
E. A. HERNBLOM.
A. BRÄNDSTRÖM.
AXEL BJÖRKMAN.

No. 615.

Mr. Grip to Mr. Fish.

LEGATION OF SWEDEN AND NORWAY IN THE UNITED STATES, Washington, July 31, 1875. (Received August 2.)

Mr. SECRETARY OF STATE:

With the note which Mr. Cadwalader did me the honor to address to me, under date of the 14th ultimo, he was pleased to inclose a form of the certificates of registry which are in use in the United States, expressing, at the same time, a desire to know whether these certificates would be recognized by the government of Sweden as sufficient to exempt vessels furnished with them from the obligation of being admeasured anew in the ports of Sweden. In reply, I have the honor, by order of my government, to inform you, Mr. Secretary of State, that in the order issued by the general direction of customs on the 6th of April last, relative to the exemption of the United States vessels from admeasurement, the term "mätbref"-certificat de jaugeage-is considered identical with "certificate of registry," and that, consequently, vessels of the United States of America being exempted from admeasurement in the ports of Sweden will be considered as being of the capacity stated in their certificates of registry.

Be pleased to accept, &c.,

A. GRIP.

No. 176.]

SWITZERLAND.

No. 616.

Mr. Rublee to Mr. Fish.

LEGATION OF THE UNITED STATES, Berne, July 23, 1874. (Received August 20.)

SIR Believing that the subject will not be without interest to you, I subjoin a summary of the recent law re-organizing the federal judiciary of Switzerland, and extending its jurisdiction in accordance with the provisions of the new constitution.

A federal tribunal, is constituted of composed of nine members and the same number of substitutes. These are chosen by the federal assembly, which will take care that the three national languages are represented in the tribunal. The term of office is six years. During their tenure of office the members of the tribunal are not permitted to hold any other office or employment in the service of the confederation or of the cantons, to follow any other career or profession, nor to act as a director or member of the executive board of any association which has for its object pecuniary gain.

I may here mention, parenthetically, that hitherto a curious accumulation of public functions has, in this country, frequently been allowed to be vested in a single individual. As an instance, I recall the circumstance that quite recently one of the members and the president of the old federal tribunal was at the same time a member of the federal legislature and the president of his canton.

The new law, not content with prohibiting the members of the fed eral tribunal from holding any other office, provides further that kinsmen or relatives, in the line direct, indefinitely, and in the line collateral, to the degree of cousin-german, may not be members or officers, at the same time, of the tribunal. A member or officer of the tribunal who may contract a marriage which brings him within the prohibited relations to another member or officer will be held by this act to have resigned.

The president and vice-president of the tribunal are chosen from among its members by the federal assembly every two years. Seven members form a quorum. Their salaries are fixed at ten thousand francs per annum, with the exception of the president, who receives eleven thousand francs. The members are required to reside at the place selected for the seat of the tribunal. Vacations may be taken once or twice a year, not to exceed four weeks in the aggregate, during which the mem bers, except the president and vice-president, may absent themselves from their official residence.

The cases in which a member of the tribunal is forbidden to sit as judge are carefully enumerated, and include those to which his native canton or commune is a party.

Objection to a judge's sitting in a given case may be made by either of the parties thereto, or he may himself demand to be excused. When such objection is contested the tribunal will pronounce upon it.

CIVIL JURISDICTION.

The civil jurisdiction of the tribunal extends to differences(1.) Between the confederation and one or several cantons;

(2.) Between corporations or individuals, as plaintiffs, and the confederation, as defendant, where the interest involved is not less than three thousand francs;

(3.) Between the cantons;

(4.) Between cantons and corporations, or individuals, when a sum not less than three thousand francs is in question.

Further, it has jurisdiction in case of differences relating to the heimathlosat, (a condition of certain natives of Switzerland who have no local citizenship,) of contests that arise between communes of different cantons, and of all causes placed within its competence by special federal legislation.

By existing federal laws it has jurisdiction: (a) In contests respecting expropriations for railways or other works of public utility; (b) respecting divorces and mixed marriages; (c) in differences between the confederation and railway companies, and especially of actions for damages; (d) of actions for damages by railway companies against individuals; (e) or by one railway company against another; and (ƒ) of all contests arising from the sale of railways under an execution.

In causes where the application of federal laws by a cantonal tribunal is brought in question, the amount involved being not less than three thousand francs, or not susceptible of estimation, either of the parties may appeal to the federal tribunal from the cantonal court of last resort. By an agreement, the parties to such causes may appeal directly to the tribunal from the cantonal court of first instance.

Further, the tribunal has jurisdiction of causes placed within its competence by the constitution or laws of a canton, with the ratification of the federal assembly; and those brought before it, by agreement of the parties thereto, when a sum of not less then three thousand francs is in question.