Nebraska advertiser., 1863-06-25
WILLIAM H. SEWARD.
LYONS.
Regulation for the mixed courts Of justice.

Isl LYONS. rr
Regulation for the mixed courts of ~juslice.
Art. L: The mixed courts Of justice to be estab-
lished under the provisions of the treaty, Of which
these regulations are declared to be an intergal
part, shall be composed in the following manner:
The two high contracting parties shall each
name a judge and an srbitra tor, who shall be au-
thOrised to hear and decide, without appeal all
cases of capture or detention Of vessels which, in
pursuance Of the stipulations of the aforesaid treaty,
shall be Brought before them,
The judges and one arbittrators shsll before they
enter upon the duties Of their Office, Respectively
make oath before the principal magistrate Of the
place in which courts shall respectfully reside, that
they will judge fairly and faithfully; that they
have 40 preferetce either for clasmant or for eaptor.
and they will act in all their decisions in pursu-
ance Of the stipulatiuns of aforesaid tseaty.
There shall be ,attached to each of such courts q
secretary cd registrar, who shall be appointed by
the party in whose TERRITORIES such court shall re-
side.
Such registar shall register all the acts of the
court to which he is appointed; and shall, before he
enters upon this Office, make oath before the court,
THAI be win conduct himself with due respect for
its authority, aud will act with fidelity and Impair
tialitJ in all the matters relating to his Office.
The salaries of the judges ond arbitrator shall
be paid by the Governments by whom they are ap-
pointed.
The salary of the secretary or registrar OF the
NONAN W OO aDAiCh III n GlllNUl y IL
United statos shall be paid by the Unitld S States
Government: and that of the secretaries or ~resistar
of the two courts to be established 10 the treritor-
lee Of Great Hritain shall be paid by her Hritann-
ic Majesty.
Each Of the two Government shall defray half
Of tee aggregate amount of the other expense of
such courts.
Art. 2. The expenses inc Tired 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 disburs-
ments occasioned by bringing a vessel to adiudica-
ton, shall, in csse Of condemnation, be Delayed
from the funds arising out of the sale Of the mat
erials Of the vessel, after the vessel shall have been
brOket up, of the ships stCres' and such parts of
the cargo as snail consist of merchandise. And in
case the proceeds arising out of these sales should
not prov sufficient to defrly such expensns, the de-
iceney shall be made good by the Government OF
tho country within whose territories the adjudica-
ton shall have taken place.
If the detained vessel shall be releaied; the ev-
penses OccasiOnedAby brining heI to adjucatioo shall
be defraI Q by thu captor, exec pit In the cases spe-
CITED aid otherwise provided for under articib VII.
of the trtaty to which these regulations form an
annex, and under article Z of these regulations.
Art. 3. The mixes courts RI justice are to decide
upon the lhgglity of the detention Of such vessel as
the cruisers of either nation shall detain in pur-
suance of said treaty.
The said court shall adjudge definitely; and with
ont appeal, all q~uestians which shall arise out of
the capture and detention of such vessel.
The, proceedings of the courts shall take place as
summinarily as, possible, and for this purpose the
courts are required to decide each case, as far as
may be p~ractablr, within the space of twenty days
to be dated from the day on which the detainedves.
sells shall have been brought into the Port where
the deciding caurt shall reside. ST., 80
The final sentsnOO shall not in any oaso, he-ds-
layed beyond the period Of two months, either on
account of the absence of witnesses, or for any other
cause, except upon the application of any of the
parties intere sted; but in that case, upon such par
ty or parties giving satisfactory security that teey
will take upon themselves the Expense and risks
of the delay, the courts may at their discretion,
grant an additional delay, not exceeding four
months.
Either party shall ee allowed to employ snch con
nsel as he may think fit, to asst him in the con-
duet of his cause. .5n .
All the acts and essential parts Of the proceedings
of the said courts shall be committed to writing and
be placed upon recorp, -s. .---r
Art. 4. The form Of the process, or mode of pro-
ceeding to judgement shall be as follows: ! IJ3ll
The judges appointed by the two Governments,
respectfully, shall in the first place proceed to ex-
anime the papers of the detained vessel and ihall
take the deposition of the master or commander,
and OF two or three, at least, OF the principal indi-
viduals on board of suce vessel; and shall also take
thh declaration Or oath Of Ohe captor, if it shonld APP
pear to them necessary to do so, in order to Judge
aud prodOuncel whether the said vessel has been
justly detained or not, according to tho stipulations
Ol the aIOreSalu IraeGy, ana In OrQer JnaI ,accOrdlng
to such judgement the vessel may be condomed or
released. In the event of the two judges not ag-
resing as to tie sentence which they ought to pro-
nonnee 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
decentralization to be aIlowid, or as to any other
question which may arise out of the said capture;
or in case any difference of opinion should arise be-
tween them as to the mode Of proceeding in the
said court, they shall draw by lot the name Of one
of the two arbitrators SO appointed as aforesaid
which arbitrator. after having considered the pro-
ceedings which bavr taken place sahll consult with
the two judges on the case; aid the final sentence
or decision shall be pronounced confOrmable to the
opinion of the majoriey Of the three.
art. 5. If the detained vessel sholl be restored
by the sentence of The court, the vessel and lhecar-
20, in the stats in which they shall then be found
with the exception Of the negroes found on board
ii such negroes shall have been previously disem-
barked under the provisions Of articles 4. and. 8 Of
the instructions annexed to the treaty of this date,
shall forthwith be given up to the master, err to the
uerson whorepresents him; and such master OF other
person may before the same court. claim valuation
Of the damages which he may have a right to do
lnand, The csptor himself, and, in his default, bis
Government. shall remain responsible for the dam
tges to which the master Of such vessel, or che