Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-09-25
the said courts shall be committed to writing and be
ARTICLE ".
The form of the process or mode of proceeding to

placed uponrecord.
The form of the process or mode of proceeding to
judgment, shall be as follows
The judges appointed by the governments resDec
lively shall in the first place, proceed to examine the
ton of the master commander and of two three at
least of the prin cpa individuals board of such
captor if it should appear to them necessary to do in
orcer to judge and to pronounce whether the said vessel
has been justly detained Ornct according to the Sttpua
tons the aforesaid treaty. and in order that accold
ing to such Judgment the vessel may be condemned or
In the of the Judges not agreeing the
sentence which they ought to pronounce in any case
brought before them, whether with respect to the legal
y of the detention, tine liability Of the vessel to
deRnaon, to the inde nniheation to be allowed
or to other question which may arise out of the
said cspture or in any difference ofOpnion should
said court they shall draw by lot the name of of the
two 50 appointed as which aTGitra
taken pa shall consult with the two judges on the
and the final sentence or decision shall be
the three.
the detained shall be restored by the sentence
of court the vessel and the cargo in the in
which then be found, with the exception OF the negroes
found board if such negroes shall have been pre-
yioasy disembarked under the provisions Of article
OF this date shall forthwith he given up to the MASTER
to the poison who represents him; and such master
other person may before the court, claim
ton of the damages which he may have right to de-
maud. The captor himself and in his default his gov
erment shall remain responsible for the damages to
which the master of su vessel or the either of
til Ge''s' OF d '' Cargo may DC pronounced en-
The two high contracting parties bind themselves to
pay within the term of year from the date of the SEN
ence the costs and damages which may be awarded by
ne court; pfg n m apSep n1 sae costs ana
of which the captor shall be subject.
ARTICLE vi.
If the detained shall be condemned she shall be
declared lawful prize together with her cargo of what
groes who shall have been brought board the nur
pose trade and the said vessel subject to the spu-
latioS in the eight article of the treaty Of this date
shall well her cargo be sold by public sale for the
profit of the two governments subject to the payment of
hereinafter mention
The negroes who may not previously have been dis
embarked shall receive from the court certificate of
emancipation and shall be delivered the govern
men to whom che cruiser which made the capture be-
longs, in order TO be forthwith set at Liberty.
The mixed courts justice shall take cognzance
of and shall decide dehnvely and without appeal all
claims for compensation on account o. losses occasoned
to vessels and cargoes which shall have been detained
under the provisions OF inns treaty. but which shall not
have been condemned as al prize by the courts and
in all cases wherein restitution of such vessels and
goes shall be deereed save as mentioned in the seventh
article of the treaty to which these resolutions form
court shall award to the claimant claimants to his
their lawful attorney attorneys for his their use
ers may have actually sustained by such ca1tnre and
detenton and is agreed that the indemni atiOn shall
First In case total loss the claimant or CLAIM ants
a For the ship, her tackle, equipment and stores
| 90 For all freights dqe and PAYABLE
leductng all charges ana eKpen which would have
been payable up the sale of such cargo Iuciuing
| mmssion of sale.
CD For all other regular charges in such case of total
| loss
Secondly. In all other (save hereinafter men
one not of total loss, the claimant claimants shall
| be in3emniiiel-
A.) For all special damages and expenses cccasoued
to the ship the detention and for loss cfeigh when
| cue payable.
OBJ For demurra hen due, according the sched-
| ulc annex ed to the present article.
Co For deterioration of the cargo.
CD all premium ofnsurance additional risks
The claimant claimants shall be entitled 10 interest
Mt the rate Of (hve) per cent per annum she sum
awarded until such sum is pad by tine government to
which the shin belongs The
such indemnicatiOIs shall he calculated i'm the money
OF the country which the detained belongs and
shall be liqIidacd at the exchange ut tile lime
of tue award.
The two high contracting parties however have agreed
that 't shall be proved the satisfaction the judges
OF the two nations and without having 10 the
decision of an arbitrator that the capor has led III
by the fault of the master commander of the
detained vessel the detained vessel in that shall not
have the right ofrecevng tor the time her detention
the demurage stipulated by the present article nor any
other compensation for losses damages expenses
| sequeut upon such detention.
schedule of demurrage or daily allowance for vessel