The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1862-07-27
lain VALUATION Of The DAMAGE which he

!
claim valuation Of the damages which he
may have a right 10 demand. The cap
tor himself and, in his default, his Gov
comment shall remaih rcspopsible forth
damages to which the master Of such
vessel, or the owners either Of the vusel
or Of her cargo, may be prouncod 10 be
entitled.
The two high contracting parties bind
themselves to pay, within The tenn or a
year from the date ofathe sentence. the
costs and damages which may be award
ed by the court; it being mutually agreed
that such costs and damages shall be paid
by the Government Of the country Of
which the eapiOr shall be subject. en-
tEH# ARTICLE VI aHH
If tho detained vessel shall be con
demned, She shall be declared lawful
prize together With her cargo, OF what
ever description it may be, with the ex-
ception of the negroes who shall have
been brought Oh board for the purpose Of
trade and the said vessel subject to the
stipulations in the eighth article Of the
treaty of this date, shall, as well as her
cargo, be sold by public sale for the profit
| Of the two Governments, subject TO the
payment Of the expenses hereinafter
mentioned.
The negroes who may not previously
| have been disembarked shall receive from
| the court certificate of emancipation,
and shall be delivered over to the Gov
eminent to whom the cruiser which made
the capture belongs, in order to be forth
with set at liberty.
....UU ARTICLE VII
The mixed courts Of justice shall also
take cognizance of. and shall decide de-
finitively and without appeal, all claims
for compensation on account Of losses
occasioned TO vessels and cargoes which
shall have been detained under the pro-
visions of this treaty, but which shall not
have been condemned as legal prize by
the said courts, and in all cases wherein
restitution of such vessels and cargoes
shall be decreed, save as mentioned in
the seventh article Of the treaty to which
these regulations form an annex, and in a
subsequent part of these regulations, the
court shall award to the claimant Of
claimants, or to his or their lawful attor.
ney or attorneys, for his or their use,
Just and complete indemnilicStion for al
costs of suit, and for all losses and dam.
ages which the owner or owners may
have actually sustained by such captur,
and detention; and il is agreed that th,
indemnitlcation shall be as follows Z
First. In case of total loss, the claim
ant or claimants shall be unidentified
(A) For the ship, her tackle, equip
mcnt, and stores.
(B) For all freights due and payable.
(C) For the value of the cargo of mer
chandize, if any, deducting all charge
+ and expenses which would have beef
, payable upon the sale Of such cargo, In
Guiding commission Of sale.
f Cd For all other regular charges il
such case of total'los
Secondly. In all other cases (save a
, hereinafter mentiOned) not of total loss
the claimant or claimants shall be indem
niiied-
(A) For all special damages and ex
: penses, occasioned to the ship by the de
, tention, and for loss of freight, when du
/ or payable. ..-
(B) For demurrage when due accord
ing to the schedule annexed to the pres
, cnt article,
co. For any deterioration Of the cargo
Cd For all premium of insurance O
additional risks. WA e.
The claimant or claimants shall b
( entitled to interest at the rate Of 5 Give
per cent. per annum on the sum awarde
| until such sum is paid by the Govern
mcnt to which the capturing ship be
: longs. The whole amount of such indem
$ nifcations shall be calculated in tn
/ mouey of the country to which the de
tanned vessel belongs, and shall be liqui
! dated at the exchange current at the tim
| Of the award.
The two high contracting parties, bow
G ever, have agreed that if it shall be prov
? ed to the satisfaction of the judges of tn
a two nations, and without having recours
D to the decision Of au arbitrator, that tn
. caplor has been led into error by th
fault Of the master or commander of In
? detained vessel the detained vessel j.
{ that case shall not have the right Of re
q ccigiug, for the time of her detention, tn
r demurrage stipulated by the present ar
2 tiCle, nor any other compensation 70
{ losses, damages, or expenses conscqucn
: upon such detention.
= Schedule Of dea1lDydgc or daily aHoloaacc,f5
I O UeSSeI Of