Delaware State journal and statesman., 1862-10-21

n all their decisions in pursuance ef 4he stpuatlous
There shall bo attached each Of such courts seere
try or REGISTRAR whp shall be appointed by the psriy IL
Whose territories such court shall reside.
such secretary registrar shall register all the act
81 the courts to which he is appointed aud sha befo
ihat he VIII conduct himself with due respect for its au
hurity, and Will net with fidelity mparality In all
matters relating to hs Office.
The salaries OF the judges and arlrators shall b. mi
by the governments by whom they are appointed.
Ihs salary Of the secretary egistrarof the court
be paid BY the United States government; and that Of
the secretaries registrars the two routs h be estab.
lsh9i N the riorisi ofdreat Britain shall be paid by
her Britannia Majesty
Eset the tso gov rnments shall ietay half of tho
aggregate amount of the other eypensus such courts
Aiteis IL Tue expenses Incurred ly the oiger ehAlg
ed with the reception maintenance aud e.re OF thu de-
iAnsd vessel nroes and cargo and with the -xe-ut
u the Aabteuce, and all disbursements occasonrd hy
bringing vess- to ndjueaon, shall in lse Of condo-
nation, lo betrayed irIm the funds arising of tn,
sale o the natrra o the vessel after the vessel shall
have leeh broken up, Of the ships stores nnd of such
paris 4" th4 20 as shan consist uf merchandise aud
IN ease thu proceeds atng Of this should not
Io.e snieien in drlray urh ex xpefts, deficiency
shan he made good by the government ot the counlry
wilma whose Territories the ad dJudifatou thAll have
| taken place
The del ,nel vrsacl shill be- release the ssp.ies
"eraoned by bringing her To adiurltion 4hi lie 1eay-
ga y lhf fapor except III the cases pecel and other.
Wlrn tls, regulations fprm annex aud under AMI
| rle \ IL Ji these reItu Atlou'.
Article nj The mSei of justice are Ia lrcle
npqu the legality oi The detsui0n such vesAela as The
erneth Of either nAton III al detan iu pursuance uf lie
/ sai treaty.
lh- said courts shah aindge dednitively ana without
appeal, all questions which shall ari.e cut the capture
| aud detention of such vesfels.
The rln'esdnis o the courts shall take place ia sum
hlhIly poAlha' aud ivr ihs purpO,r The rnuuta
within lh7 spa1a 1f twenty daya, lie dated IRON The
| day on which the detained vessels shall have been
brought into The port where The decilin; cont shall le
side.
rue final sentence shall not, IN any ease be delayed
r. 20 th- period Of two months either on aeeount Of
al flaN
O. upon the application auy Of tile parties interest
'' 81 T. tnat ease upon such party parties giving
situry security that they will lake upon themselves
i~ expenses and rshs of tie delay, e courts may At
Ae. discretion, grap An additional delay, not exceed
Either party shall he allowed 10 employ sucl counsel
az he may think III, I" assist him in the conduct Of his
An Tie acts essential parts OF the proceedings of
the sad courts shall be committed 10 writing aud he
placed upon record.
Article ~ The form Of the proee-s, or mode Of pro-
ceeding to judgment, shall be as follows;
Tie judges appointed by the two governments res
peetvey shall in the first place proceed to examine the
papers OF the detained vessel and shall take the depo-
III least, Of the principal individuals board such
vessel and shall also take the d. laraon or oath of
she capior i should appear to them necessary to do
So, in order to judge and pronounce whether the said
vessel has leen justly detained not according to the
spnaOns Of The aforesaid treaty, and in order that,
&C ordng to such judgment, the vessel may be con-
demned released In the of the two Judges not
agreeing as u the sentence which tbey ought pro
nounce IN any brought before them, whether with
respect to the legality o the detention Of the liability Of
To he allowed, or to any other question which may
arise out o the said captgrei in any difference
OF opinion should arise between them 10 the mode OF
proceeding in the said court, they shall draw by lot
the name of Of the two arbrators 50 appointed rs
aforesaid, which arbitrator after having considered the
proceedings which have taken place, shall consult with
the two judges the and the final or de-
cison shall be pronounced cunforaby to the opinion Ct
the majority of the three.
Article V. Ii the detained vessel shall be restored by
the sentence of the court the vessel and the cargo the
in which they shall then be found, with the ex
cepon of the negroes found board if such negroes
shall have been previously disembarkeu under the pro-
visions OF articles ~ AMI # the instructions annexed
to the treaty Of this date shall forthwith be given up
tile master, or to the peron who represents him and
such master or other person may before the court
claim valu ton OF the damages which he may have
right to demand. The capt0r himself and, in his default
his government shall remain responsible for the dana
TO which the Vi such vessel the owners
her Of he vessel or ofh cargo may be pronounced TO
be entitled.
The high contracting parties bind themselves to
pay, within the term Of year from the date Of the
tsnce the costs and damages which may be awarded by
the court; 1t being mutually agreed that such
damages SHALL be paid by the the country
Of which the capior thall he a subject.
Article vi. ftie detained vessel shah be condemned
she shall be declared Lawful prize, together wi
60 OF whatever description II may be, with the exception
Of the negroes who shall have been brought board
the purpose Of trade; and the said vessel subject
spuahons Ia article Of the treaty this date,
shall we'll her cag0 be sold by public the
roh OF the two governments, subject to the payment Of
the expenses hereinafter menlioued
Tue negroes who may not previously have been disem
rpatoni and shall be delivered over TO the government
To whom the cruiser which made the capture belongs in
to be forthwith set at liberty.
Article VII The mixed courts ujustice shall also take
cognizanee Of aud shall decide dehntigey and wi h0ut
appeal all claims for compensation account OF losses
occasiOned vessels amt cagne Hhich shall have been
detained under the provisions this treaty. hut which
shall have be1n condemned legal prize by the
courts; and in all wherein restitution OF such
sells and cAgues shall be decreed mentioned in
the Win article Of the treaty which these regulations
form annex and is sbseq part OF these regua
TONS the court ahail award to the claimant clam
ants his their lawful attorney attorneys
his OR their use, Just and complete inNemniheaon for
all costs oi suit and for all losses and damages which the
owner may have actually sustained by such
capture and detention aud ia agreed that the iudemni-
hcAtiOn shall be as ioilowAi
First la Of total lo.s, the claimant claimants
"a For the ship, her tackle, equipment aud stores
(B For all freghts due aud payable
10 For the Of the cargo ol merchandise, any,
deductng all charges, aud expenses which would have
h~h payable upon the sale o aneh cArgQ including eo
mission of sale
% Fo ali other regular charges in such OF total
secondly Ia ali other cafe cave hereinafter men.
one not Of total loss til" elananl OF laaauts shall DO
ingmmned
tA) For all special damages and expenses ocesioned
ihs ship by the detention aud for loss Of freight when
due payable.
(B For denurrage when due, according TO the schedule
annexed to the pTesent article
70 For any deterioration of the cargo.
lD) For all premium Of insurance additional risks.
lhe claimant claimants HhRll he entitled interest
at the rate of hve per cent per annum on the sum
awaTdel until such sum is paid by the government 10
which the capturing ship belongs The whole amount Of
the country 10 whitn tile detained vessel belongs and
shall he liqn lated Il the exchange current at tue time of
the award
The high contracting parties however, have agreed
that if shall he proved tu ihs satisfaction of the judges
the nations snd without having to the
decision OF an arbitrator that the captor has been led into
y the fault of the commander OF the de
taned vessel the detained IN that shall not
have the right receiving the time of her detention,
the demurraee stipulated by the present article any
other compensation sses, damages or expenses con
sequenl upon such detention,
schedule OfdemnFrige daily allowance for vessel
Of
100 tons to 100 tons, inclusive e5 per diem
III tons to l0O tons, do do
1ai tons to l7U tons, do DO
II tons to > o ton,, do u do
20 tons to 10 tons, do II do