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

9th OF the instructions annexed to the
treaty of this date, shall forthwith be given
up to the muster, or to the person who rep
resents him; and such master or other per-
son may, before the same court, claim val
uation of the damages which he may have
right to demand. The captor himself
and, in his default, his Government shall
remain responsible for the damages TO
which the master of such vessel, or the
owners either of the vessel or of her cargo,
may pronounce to be entitled.
| The two high contracting parties bind
themselves to pay within the term of year
from the date of the sentence, the costs and
damages which may be awarded by tue
court, it being mutually agreed that such
COSTS and damages shall be paid by the
Government of the country Of which the
captor shall be subject
ARTICLE VI.
If the detained vessel shall be condemn
ed, she shall be declared lawful prize, to-
gether with her cargo, of whatever descrsp-
tion it may be, with the exception of the
negroes who shall have been brought on
board for the purpose oftrade; 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 government
to whom the cruiser which made the cap
ture belongs, in order to be forthwith set
at liberty.
ARTICLE vii.
Themixed courts of justice sha' also take
cognizance of, and shall decide definitely
and without appeal,a claims for comPensa-
ton on account of losses occasiou0d to
vessels and cargoes which shall haze been
detained under the provisions of this trea-
ty, but which shall not have been condemn
ed as u legal prize by the said courts, and
in all cases where restitution of such vessel
and cargoes shall be decreed, save as men
| toned In the Tth article of the treaty TO
which these regulations form an annex,
aud in a subsequent part Of these regula-
tions, the court shall award to the claim
ant or claimants, or to his or their lawful
attorney or attorneys, for his or their use,
just Ruu complete naturalization for all
COSTS ofsuit, and for all losses aud dama-
ges which the owner or owners may have
actually suttAined by such capture and de-
tention; and it is agreed that the indemni-
| tication shall be as follows:
FIRST. In case of total loss, the claimants
shall be indemnifed-
(A) For the ship, her tackle, equipment
and stores.
(B) For all freights duo and payable.
(C) For the value of the cargo of mer-
chandise, ii any, deducting all charges and
expenses which would have been payable
upon the sale of such cargo, including
commission of sale.
(D.) For all other regular charges in such
case of total loss.
Secondly. In all other cases (save as
hereinafter mentioned) not u total loss,
the claimant or claimants shall be indem-
uified- ... -
(A.) For all special damages aud expen-
ses occasioned to the ship by the deten-
tion, and for loss of freight, when due or
payable. -r.- -.s as.
ing to the schedule annexed to the present
article.
to.) For any deterioration of the eas
tDl For all premium of insurance on
additional risks.
The claimant or claimants shall be euti-
tied to interest at the rate of (ive) per
cent per annun on the sum awarded until
such SUN is paid by the Government TO
which the capturing ship belongs. The
whole amount OF such iudemaiications
shall be calculated in the money of the
country to which the detained vessel be-
longs, and shall be liquidated at the ex-
change current at the time of the award.
The two high contracting parties, how
ever, have agreed that if it shall be proved
to the satisfaction of the judges of the two
nations, and without having recourse to
the decision of an arbitrator, that the cap
tor has been led into error by the fault of
the master or commander of the detained
vessel, the detained vessel in that case shall
not have the right of receiving, for the time
of her detention, the demurrAge stipulated
by the present article, nor any other COM
pensation for losses, damages, or expenses
consequent upon such detention.
Schedule of deRurrGge or daily aiIO,6anee for
Uesset Of F ida
100 tons to 40 tons. inclnstve...f5 per diem
l2l tons to $50 tons, Inclusive. 6
l5l tons to 40 tons, inclusive.
Ill tons to 200 tons, inclusive...I0
2Ol tons to 220 tons, inclusive...ll
22I tons to $50 tons, inelusive...l2
25I tons to 2TO tons, inclusive...14 H
27l tons to 300 tons, inclusive...l5
And SO on 10 proportion.
ARTIcLR VIII. --,sr5.l
Neither the judges, nor the arbitrators,
nor the secretaries or. registrars of the
mixed courts of justice, shall demand or
receive from any OF the parties concerned
in the cases which shall be brought before
such courts auy emolument or gift, under
any pretext whatsoever, for the perform
auce of the duties which such judges, sr-
bitrators. and secretaries or orregistrars have
TO perform.
ARTICLE IL.
The two high contracting parties have
agreed that, in the event of the death, sick
ness, absence on leave, or any other legal
impeachment of one or more of the judges
or arbitrators composing the above mem
toned courts. respectively, the post of such
judge or arbitrator shall be supplied, ad
interim in the following manner: