The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1862-07-27
Beg,aaqon, for NE nireF courts ofyus,ics.


Ap,jl 1862.
Regulations for the mireF co1trts cfJustice.
.r ARTICLE I. sos
The mixed courts Of justice, TO be es-
tablishod under the provisions Of the |
treaty, Of which these regulations are de- |
clared TO be an integral part, shall be !
composed 10 the following manner :--
The two high contracting parties shall
each name judge aud an arbitrator, who
shall be authorized 70 hear and TO decide,
without appeal, all cases Of capture or
detention Of vessels which in pursuance
Of the stipulaiions Of the aforesaid treaty,
shall be brought before them, ~ -rs-.
The Judges and the arbitrators shah,
before they enter upon the duties Of their
Office, respectively make oath before the
principal magistrate of the place in which
such courts shall respectively reside that
they will Judge fairly and faithfully;
that they will have no preference either
for claimant or for captor; and that they
will act in all their decisions in pursu-
ance Of the stipulations Of the aforesaid
treaty.
There shall be attached TO each Of such
court a secretary or registrar, who shall
be appointed by the party in whose ter
ritOries such court shall reside.
Such secretary or registrar shall regis
ter all the acts of the court to which he
is appointed; and shall, before he enters
upon his Office, make oath before the
court that he will conduct himself with
due respect for it's authority, and will
act with fidelity and impartialily in all
matters relating 10 his office.
The salaries of the judges and arbitra-
tors shall be paid by the Governments by
whom they are appointed.
The salary Of the secretary or registrar
OF the court 10 be established in the ter
ritories Of the United States shall be paid
by the United States Government; and
that Of the secretaries or registrars of the
two courts to be established in the terri
tories of Great Britain shall be paid by
her Britannia Majesty.
Each of the two Governments shall
defray half Of the aggregate amount OF
the other expenses of such courts.
ARTICLE II.
The expenses incurred by the officer
charged with the reception, maintenance
and care of the detained vessel negroes
and cargo, and with the execution Of the
sentence, and all disbursements occasion
ed by bringing a vessel TO adjudication
shall, in case of condemnation, be de.
frayed from the funds arising out of the
sale of the materials of the vessel, after
the vessel shall have been broken up, o.
the ships stores, and of such parts of the
ahnn ,nv,gsat Of 10, e.
And in case the proceeds arising out o
this sale should not prove sufficient tC
defray such expenses, the deficiency shall
be made good by the Government of Tn,
country within whose territories the adj
Indication shall have taken place.
If the detained vessel shall be released
the expenses occasioned by bringing hel
to adjudication shall be betrayed by the
csptOr, except in the cases specified anC
otherwise provided for under article sew
en- of the treaty to which the regulations
form On annex, and under article sever
of these regulations.
.s..Fr-H. ARTICLE uT
The mixcd'courts of justice are to de-
eide upon the legality of the detention o
such vessels as the cruisers of either ma
ton shall detain in pursuance of the sale
treaty.
The said courts shall adjudgo defni
lively, and without appeal, all questions
which shall arise out of the capture anC
detention Of such vessels.
The proceedings Of the courts shall
take place as summarily as possible; anC
for this purpose the courts are required
Hold, an,h f,v l.
practicable, within the spase Of twenty
days, 10 be dated from the day on which
the detained vessel shall have beer
brought into the port where the deciding
court shall reside.
The final sentence, shall not, in any
case, be delayed beyond the period o
two months, either ON account Of the alb
sence of witnesses, or from any othc
cause, except upon the application Of any
of the parties interested but in tina
case, upon such party or parties givinl
satisfactory security that they will takl
upon themselves the expense and risks o
the delay, the Courts may, at their dis
erection, grant an additional delay, no
exceeding four months.
y Either party shall be allowed to employ
such counsel as he may think fit, to assis
him in the conduct of his cause.
All the acts and essential parts Of th
proceedings of the said courts shall b.
committed to writing and be placed upoi
record.
ARTICLE ".
The form Of the process, or mode o
proceeding to judgment shall be as fol
laws:
The judges appointed by the two Gov
ernments, respectively, shall, in the frs
place, proceed 10 examine the papers o
the detained vessel, and shall take In,
deposition Of the master or commander
and Of two or three at least Of the prin
cipal individuals on board of such vessel
and shall also take the declaration o.
oath of the captor, if IL should appear 4
them necessary TO do so, in order 4
judge and to pronounce whether the sait
vessel has been justly detained or not
according to the stipulations Of the aiore
said treaty, and in order that, according
10 such judgment, the vessel may be con,
demned or released,
In the event Of the two Judges no
agreeing as 10 the sentence which the,
ought 10 pronounce in any case brough
before them, whether with respect to Tn
legality of the detention, or the liabilit,
of the vessel 10 condemnation, or as L
the naturalization 10 be allowed, or a
TO any other question which may arts
out Of the said capture; or in case an,
difference Of opinion should arise betwee
them as to the mode Of proceeding in III
Il 4