Charles City Republican intelligencer. [volume] (Charles City, Iowa) 1861-1864, 1862-07-03
NUMBER q.

tons which shall arise out OF the cap
turc and detention of such vessels. p,
The proceedings of the courts shall
take place as summarily as possible
and for this purpose the courts arc re;
lnired to decide each case, as far az
may be practicable, within the space
Of twenty days, to be dated from the
day ON which the detained vessel shall
have been brought into the port where
the deciding court shall reside.
The final sentence shall not, in any
case, be delayed beyond the period OF
two months, either on account of the
absence of witnesses, or for any 9th
er cause, except upon the application
of any of the parties interested but
in that case, upon such party or par-
ties giving satisfactory security that
they will take upon themselves the
expense and risks of the delay, the
courts may, at their discretion, grant
an additional delay, not exceeding
four months.
Either party shall be allowed to en-
ploy such counsel as he may think fit,
to assist him in the conduct of his
cause.
All the acts and essential parts Of
the proceedings of the said courts
shall be committed to writing and be
placed upon record.
ARTICLE II.
The form of the process, or mode of
proceeding to Judgment, shall bc az
follows
The judges appointed by tic two
Governments, respectively, shall, in
the first place, proceed to examine the
papers of the detained vessel, and
shall take the deposition of the master
or commander, and Of two or three at
least of the principal individuals OH
board Of such vessel and shall also
take the declaration or oath of the
captor, if it should appear to them ne
cessary to do so, in order to judge
and to pronounce whether the said
vessel has been Justly detained or moi,
according to the stipulations of the
aforesaid treaty, and in order that,
according to such Judgment, the yes
sci may be condemned or released
In the event of the two judges not
agreeing as to the sentence whicl,
they ought to pronounce in any case
brought before them, whether withrc
spcct to the legality Of the detention,
or the liability Of tie vessel to con-
dcmuation, or as to the indemnifica
ton to be allowed, or as TO any other
question which may arise out of the
said capture ;or in case any difference
Of opinion should arise between them
as TO the mode of proceeding in tho
said court, they shall draw 10y lot the
name of one OF the two arbitra-
tors so appointed as aforesaid, which
arbitrator, after having considered
the proceedings which have taken
place, shall consult with the two judg-
cs on the case and the final sentence
or decision shall be pronounced CON
formally to the opinion of the major
ity of the three.
ARTICLE V.
If the detained vessel shall he re-
stored 10y the sentence of the court,
the vessel and tire cargo in the state
in which they shall then be found,
with the exception of the negroes
found on board, If such negroes shall
have been previously discmbarkcd
under the provisions of articles fourth
fifth of the instructions annexed to the
treaty of this datc,) shall forthwith
be given up to The master, or to the
person who represents him and such
master or other person may, befcre
the same court, claim valuation of the
damages which he may have right
to demand. The captor himself and
in his default, his Government shalt
remain responsible for the damages to-
which the master Of such vessel, or
the owners either of the vessel or OF
her cargo, may be pronounced to DO
entitled.
The two high contracting parties
bind themselves to pay, within the
term of q year from the datcof the
sentence, the costs and damages
which may be awarded by the
court it being mutually agreed
that such costs and damages shall be
paid by the Government Of the coun-
try of which the capt0r Shall be
subject.
| ARTICLE VI.
If the detained vessel shall be con
demned, she shall be declared Lawful
prize, together with her cargo, OF
whatever description it may be, Will
the exception of the negroes who shall
have been brought OH board for the
purpose of trade and the said yes
SELL, subject to the stipulations in th'
eighth article Of the treaty Of this
date, shall, as well as her cargo, b,
sold 10y public sale for the profit o
both Governments, subject to the pay
mcnt Of the expenses hereinafter men
toned.
The negroes who may not previous
liz have been dlsembarkcd shall re
ceive from the court certificate o
emancipation, and shall be deliverc,
over to the Government TO whom tn
|. cruiser which made the capture be
+ longs, in order to be forthwith set a
liberty.
ARTICLE vi.
The mixed courts of JUSTICE shaI
also take cognizance of, and shall dc
} eide definitively and without appea
all claims for compensation on acconn
/ of losses occaSoned TO vessels and Cal
goes which shall have been detaine
under the provisions of this treaty
bot which shall not have been con
demned as legal prize by the sal
courts, and in all cases wherein rest
tuition Of such vessels and cargoe
shall be decrced, save as mentioned
the seventh article of the treaty
which these regulations form an anne
and in subsequent part Of these nc:
ulations, the court shall award To ii
, claimant OF claimants, or 10 his or the
: lawful attorney or attorneys for his I
{ their use, just and complete lldel
Q MITIGATION for all costs Of suit, and fl
all losses and damages which Il