Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-08-22

states OF America and Great Rrltaiu, Tor
the abolition of the African slave trade,
sigued at Washington on the 7th day oi
April, 1862.
Regulations for the mixed courts of JUS
tice.
AErIo1Rl.
The mixed courts of justice, to be estab-
lished under the provisions of the treaty, OF
which these regulations are declared to be
an integral part, shall be composed in the
following manner:
The Two high contracting parties shall
each name judge and an arbitrator, who
shall be authorized to bear aud to decide,
without appeal, all cases of capture or de-
tention of vessels which, in pursuance of
the stipulatious of the aforesaid treaty,
shall be brought before them.
The judges aud IL arbitrators shall, be-
fore they enter upon the duties of their Of
fce, respectively make oath before the prin-
cipal 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 claim
ant or for captor; and that they will act in
all their decisions in pursuance of the
stipulations of the aforesaid treaty.
There shall be attached to each of such
courts secretary or registrar, who shall
be appointed by the party 10 whose terrific.
ries such court shall reside.
Such secretary or registrar shall register
all the acts of the court to which he is ap-
appointed; aud shall, before he enters upon
his office, make an oath before the court
that he will conduct himself with due res
pect tor its authority, and will act with
fidelity and impartiality in all matters re-
lating to his office.
The salaries of the judges and arbitratnrs
shall be paid by the Government by whom
they are appointed.
The salary of the secretary or registrar OF
the court to be established in the territories
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 territories of Great
Britain shall be paid by her Britannia
Majesty.
Each of the two Governments shall de-
fray 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 vessels, negroes,
and cargo, and with the execution of the
sentence, and all disbursements occasioned
by bringing vessel to adjudication, shall,
in the case of condemnation, be betrayed
from the funds arising out of the sale of
the materials of the vessel, after the vessel
shall have been broken up, of the ships
stores, and of such parts of the cargo as
shall consist of merchandise. Aud in case
the proceeds arising out of this sale should
not prove sufficient to defray such ex.
peuses, the deficiency shall be made good
by tue Government OF the country within
whose territories the adjudication shall
have taken place.
If the detained vessel shall be released,
the expenses occasioned by bringing her TO
adjudication shall be betrayed by the cap
tor, except in the cases specified and other
wise provided for under article seven of the
annex, and. under article seven of these
regulations.
ARTICLE III.
The mixed courts of justice are to decide
upon the legality of the detention of such
vessels as the cruisers of either nation
shall detaln in pursuance of the said treaty.
The said courts shall adjudge defuitiveIy
and without appeal, all questions which
shall arise out of the capture and deten-
ton of such vessels.
place as summarily as possible; and for
this purpose the courts are required to de-
eide each case, as far as may be practica-
BILE, 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 alb
sence of witnesses, or for any other cause.
except upon the application of any of the
parties interested; but in that case, upon
such party or parties giving satisfactory
security that they will take upon themselves
the expense and risks of the delay, the
court may, at their discretion, grant an ad.
ditional delay, not exceeding four moths.
Either party shall be allowed to employ
such counsel as he may think fit, to assist
him 10 the conduct of his cause.
All the acts and essential parts of the
proceedings of the said courts shall be
committed to writing IND be placed upon
record.
Article ".
The form of the process, or mode of pro-
ceediug to Judgment, shall be as follows.
The judges appointed By the two Gov
ernments, respectively, shall, in the first
place, proceed 10 examine the papers OF the
detained vessel, and shall take the deposit
ton of the master or commander, aud of
two or three at least of the principal indi.
yiduals on board of such vessel aud shall
also take the declaration or oath oil the
captor, if it should appear to them ueces-
sary to do so, in order to judge and topro.
nouuce whether the said vessel has been
justly detained or not, according to the
stipnlations of the aforesaid treaty, and in
order that, according to sneh judgment,
the vessel may be condemned or released.
Ia the event of the two judges not agree
ing as to the sentence which they ought to
pronounce in any case brought before them,
whether With respect to the legality Of the
detention, or the liability of the vessel to
condemnation, or as TO the naturalization
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