Nebraska advertiser., 1863-06-25


owners esther of the vessel or Of her cargo, may b.
pronounced to be entitled.
The two high contracting parties bind themselves
\ to pay within the term Of q year from the date Of
the sentence, the costs and damages which may be
awarded by the court; Sit being mutually agreed
that such eosns and damages shall be paid By the
Government Of the country of which the eaptor
shall be a subject.
Art. 6. If the detained vessel shall be condemned
she shall be declared lawful prize, together with
her cargo, of whatever description it may be, with
the exceptions Of the negroes Wuo shall have been
brought on board for the purpose Of trade; and the
sard vessel, subject to the stipulations With art
iele of the treaty OF this date, shall, as well as her
cargo, be sold by public sale fOs the profit Of the
two Gtvernments, subject to the payments of the
expenses hereinafter mentioned.
The negroes who may not previously have been
disembarkdd shall receive from the court q aerti6-
cate Of emancipation, and shall be delivered over to
the Government to whom the cruiser which made
the capture belongs, in order 10 be forthwith Be- at
liberty.
Art. Z. The mixed courts of Justice shall also
take eOgnixance Of, and shall decide de6nitiVely
and without appeal, all claims FOX co mpensation on
account of losses occasiOned to the vessels aud car
goes which shall have been detained under the pro-
visions of this treaty, but which shallnot have been
condemned as legal prize by the said courts; and in
allie asses where restitution of such vessels and car
goes shall be decreed, save as mentioned in the VII
article of the treaty 20 which these regulations form
an annex, and in a subsequent part of these regula-
tions the coust shall award so the claimant or claim
rnts, or his or their lawful attorney or attorneys, for
his or their use, q Just and complete decentralization
for all costs Of suit, and for all losses and damages
which the owner Drown ers may have actually sns-
tanned by such capture and detention; and il is ag-
eed that the decentralization shall he as follows:
First. In cafe of total loss, the claimant shall be
unidentified.
tA.) For the seip. her tackle, equipment and
stores.
(B.) For all freights due and payable.
tC.) Fir the value of the cargo of merchandise,
if any, deduetin all charles, aud expenses which
would have been payable upon the sals Of such car
20, including commission of sale
3D. For AL other regular charges in such case
of total loss.
Secondly. In all other eases tsave as hereinafter
mentioned not of total loss, the claimant or claim
ants shall be indemnifed-
(A.) For oil special damages and expenses Oeca-
stoned to the ship bh the detention, and for loss of
freight, when due or payable.
a. For demurrage when due, according to the
schedule annexed to the present article.
CO.. For any deterioration of the cargo.
ID For all premium of insurance. on additional
risks.
The claimants or claimants shall be entitled TO
interest at the rate Of 5 live per cent. per annum
on the sum awarded, until such sum is paid by the
Government to which the capturing ship belongs
The whole amount Of such decentralization shall be
calculated in the money of tho country to which
the detained vessel belongs, and shall be %liquidat-
ed at the exchange current at the time Of the award.
The two high contracting parties, however, have
agreed, that If it shall be proved to the satisfaction
of the judges of the TIVE nations, and without hav-
ing recourse to the decision Of an arbitrator, that
the eaptor has been led into error by the fault Of the
master or commander Of the detained vessel, the de-
tanned vessel in that case shall not have the right
Of receiving, for the time of her detention, the de-
murrage stipulated be the present article, nor any
compensation for losses, damages or expenses con-
sequent uqsn such detention.