Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1863-02-14

..,-,. n, III. mixed eourtc If Justice are to decid,
uuou the legality Of the detention On eafn vssse's .. The
cruisers Of either nation SIM" 'e'-'" u" ~ =" '@
Az: ~. ala court. shall .diude. deinitive!y. and ~i'Le".
sppesl, all questions WHICH s"s'" D '"' y '"' capture
.nd detention Of sucl, vrssei. ,.v 81.
..r;sx NJ uss.ihIe und for this purpose the courts are rs.
. n.a J" dsc;J. each case, as far ~ may 10 practicable,
aa %I;" ,he space Of twenty days. to lie dated from the day
on which the detained ssc sfs,e's court ,"r' shall reside. "''
rh. e,.i sentence rhnli not. in any case. be felaye! he.
yond the period Of two months etn elm on se."an. 81 The
,h. a"n,ication II any Of the parties interested; hut il
that case. upon sucl PARTY or patiie- sIH,ns ,at.iaeto',
and risk. II the delay, the courts may, a.. their d'scietinD,
grant NJ, additional delay, not exceeding four m"nihs.
richer ,crty shall he allowed to employ such cuuhtel IN
Il. m,.w III. a.. 10 assist him In the conduct of hs ca. ..
All the acts and essential parts Of the proceeding OF Ia.
laid cosrts shall be committed 10 "r''ihs VII" be PLACED
Article III. The form Of the process. or mode Of PROF..
ing to Judgment. shall De a.: ,o',o ~
lively. shall in the first place proceed to examine the paper.
Of the detained vessel and shall take the deposition If III.
na,t.r or commander, and If two or three. at least. Of the
PRINCIPAL individuals on board Of such vessel and shall
;lso take the declaration or cath of the capt"r. If it should
ap,rnr to them necessary to do 40, in order I" judge anil To-
ur,n,,,nce whether the said vessel Las been justly detaiu-J
or not. according to the stipulatiOns of the aforesaid treaty.
and in order that, according to such judgment, the vcsse.
NAV be condemned or released. In the event Of the Two
Judges not agreeing ~ to the sentence which they ought TO-
nroGoupce i'm any c.-e brought before them, whether with
respect to the legality ofthe detention. or the liability ct
the vessel to condemnation. or as I" the in!emnihcsti. u To-
be allowed, or M to any Other question which may ari--
mi Of the said CAPTURE ; or in case any difference Of opinion
should arise between them - to the mode II proceeding i.
the said court, they shall draw by lot the name Of one ii;
the two aibitrators so appointed as afurtsaid. which arbi-
TRAITOR, after having considered the proceedings which ha,.
taken place. shall consult with the two judges on the cas-
and the final sentence or decision shall he pronounced con.
f,rmaiIy 10 the opinion II the majority Of the three.
Article v. If the detained vessel shall he restored ~
the sentence Of The court. the vessel and tho cargo, in the
tion Of the negroes found on bonxd, II sueh negroes shat!
have been previously dise'nharksd under the provisions Of
-..-p- ur'x-l u al =, l. s...
ofthis date.) shsll forthwith he given up 10 the master. or
to tho person who represents him and such mestcr q:
Of the damages whiri, he may have a right to demand. Tht
csptor himsef. and, in hs default. hir Government. shall
ruch vessel, ar the owners either If the vessel ,r her cargo,
may b. pronounced {" be entitled.
The two high contracting parties Ind themselves to pay.
within the term IT a yeRr from the date Of The sentence,
the costs aud damages which may h. awarded by the court:
it being mutually agreed that such Costs and damages shall
tr I.aiu BY the government Of the country Of which the
rsptor shaIl be 4 subject.
Article VI. 1.-THE detained vessel shall be condemned,
.he -lsiI he declared lawful prize. together with her cargo.
cf whatever description it may be. with the execution VI
III" negroes who ehnt have been brought IN board for the
parpo-r 81 ,rsd,; and the 'aid vessel, subject TO the s:irs-
~ well N, her cargo. Lee sold by public sale FIR the profit
"f the two G",c,nm-nt-. subject to the payment 81 the
expenses hereinsfter mentioned.
The negroes wh" insy not previously have he<n discR,-
baiked shal receive from the court = certih, ate Of emanci.
patton. and -isll be delivered over 10 the G"yernment &"
whom, III. cruiser which made the capture beLng-. in order
to I've forthwith set vt liberty.
Article VII. The mixed courts OF justice phaI also fake
'"gn.zansc Of. and -hsll decide defnitiv.iy and without
appeal, all claims fr compensation on acc' Unit Of l0sses
occaS;"ned to vessels aud aIgoes vi III shall have been je-
tanned under the provisions Of this treaty, but which slall
nut have been condemnod as legal prize by the SAID courts;
and in all cases wbereis restitution II s:ch vesrel. and
rarxoc> shall In derrc'd, save ~ mentioned In the With
art:tie 81 the treaty to which thesr regulations form an
annex. and in u subsequent part al these regulsii"n.. the
court shall swsrd To the claimant a. claimants, or to lis
or their lawful att"saey or attorneys. for his or their Use.
sju,s snd complete decentralization for all costs II suit,
and for all Losses and dan Ages which the ow ner o. owners
UAN n NJ NEIv sgafalisSt d kurh npfnr and .trsss,-
E"llevs:
First. In ess. Of total hs-. the elsimrn, or c,simaoss
shall lie unidentified
"a fr the ship, her tackle, ~,Iuipme.t and stnree.
tkl Fer all freight. due mid payable.
CO. for the value II the cargo IL merchandise. if any.
deducting all charges. and expenses which " cuid have trsn
PAYABLE upon the sale OF such cargo, including Commission
OF sale.
:. ~ For all other regular charges in such case .. ,osa,
loss.
Secondly. In al other .a-es f-a,r a. hereinafter m,n-
toned not Of total Ios.. the claimant or claimant. .hsii IL
indemuifrd-
the shir BY the detention. and km '~e Of freight. whrs
jus or ISyzble.
tBj For dcmurraEs when due. according 10 the .. heduIs
annexed to the present article.
g. yr any deterioration Of the cargo.
ID Per oil premium Of insurance Oh additional risks.
The claimant or claimants shall BE- entitled 10 interest ~
the rate 81 ) 1--we per cent. per snnum On the Gun, award
ed. until such sum IL paid by the Government 10 which the
capturing ship belongs. The whole amount Of such in
try 10 which the detained vessel belongs, and shall be liavi-
dated Al tho exchange current at the lime of the award.
The two high contracting parties. however. Lave agreed.
that II II shall I've proved t. tho Satisfaction Of the iudres
u the twO nations. and without having recourse to the de-
cision Of an arbitrator. that the captor has hs~u led into
error by the fault Of the master Or commander Of the de-
tanned vessel, the detained vessel in that rssr .h.,i NOT bs,.
the right Of receiving. for the time Of her detention. IN.
den1rrase stipulated BY the present article. nor any other
upon such detention.
Schedule er desSrraee o. dolly ollorancr 70. a resseI a.