Year: 1862

.
produce certificate from the custom
house at the place from which he
! cleared outwards, stating that q suf-
ficient security had been given by the
owners of such vessel that such extra
quantity of casks or of other vessels
should be used only to hold palm oil
or for other purposes of lawful COM
merce.


SereRh. a greater number Of mess
tubs or kids than requisite for the use
of the crew of the vessel as a mcr-
chant vessel


Eighth. A boiler, or other cooking
apparatus, of an unusual size, and lar
ger, or capable of being made larger,
than requisite for the use of the crew
of the vessel as merchant vessel |:
or more than one boiler, or other cook
ing apparatus, of the ordinary size.


Ninth. An extraordinary quantity
of rice, of the flour of Brazil, of
manioo or cassada, commonly called
farina, of maize, or Of Indian corn, or
of any other article Uf food whatever,
beyond the probable wants of the
crew unless such rice, flour, farina,
maize, Indian corn, or other article of
food, be entered on the manifest as
part of the cargo for trade. -%1


Tenth. \ quantity of mats or mat
ting greater than is necessary for the
use of the crew of the vessel as q
merchant vessel; unless such mats or
mating be entered on the manifest as
part of the cargo for trade.


If it be proved that any one or
more of the articles above specified is
or are on board, or have been on
board during the voyage in which the
vessel was captured, that fact shall
be considered us prima faeie evidence
that the vessel was employed in the
African slave trade, and she shall in
consequence be condemned and de-
clared lawful prize unless the master
or owners shall furnish clear aud in
controvertibIe evidence, proving to
the satisfaction of the mixed court of
justice that at the time of her deten-
tion or capture the vessel was employ
ed in q lawful undertaking and that
such Of the different articles
above specified as were found on
board at the time of detention, or as
may have been embarked during the
voyage on which she was engaged
when captured, were indispensable
for the lawful object Of her voyage.


ARTICLE VII.


If any one of the articles specified
in the preceding article as grounds
for condemnation should bc found on
board a merchant vessel, or should be
proved to have been on board Of her
during the voyage Oh which she was
captured, no compensation for losses,
damages, or expenses consequent
upon the detention of such vessel,
shall, in any case be granted either
to the master, the owner, or any other
person interested in the equipment or
in the lading. even though she should
not be condemned by the mixed court
of justice.


ARTICLE VIII.


1t is agreed between the two high
contracting parties that in all cases
in which vessel shall be detained
under this treaty 10y their respective
cruisers as having been engaged in
the African slave trade, or as having
been fitted out for the purposes there
Of, and shall consequently be adjuds-
cd and condemned by one of the mix
ed courts of Justice to be established
us aforesaid, the said vessel shall i'm
mediately after its condemnation, be
broken up entirely. aud shall be sold
in separate parts, after having been
SO broken up, unless either of the two
Governments should wish to purchase
her for the use of its navy, at q price
to be fixed 10y competent person
chosen for that purpose by the mixed
court of justice, in which case tho
Government whose cruiser shall haze
detained the condemned vessel shall
have the first option Of purchase.


ALrICIK *.


The captain, master, pilot, and
crew of any vessel condemned by the
mixed courts of justice shall be pun.
ishcd according to the laws of the
country to which such vessel belongs,
as shall also the owner or owners and
the persons interested in her equip,
mcnt or cargo, Unless they prove
that they had no participation in the
enterprise. a-.. ....


For this purpose the two high con-
tracing parties agree that, in so far
as it may not be attended with gricv.
ous expense and Inconvenience, the
master and crew of any vessel which
may be condemned by sentence of
one of the mixed courts of justice,
as well as any other persons found on
board the vessel, shall be sent and
delivered up to the jurisdiction of the
nation under whose flag the condemn
cd vessel was sailing at the time of
capture and that the witnesses and
proofs necessary to establish the guilt
of such master, crew, OF other persons,
shall also be sent with them.


The same course shall be pursued
with regard TO subjects or citizens Of
either contracting party who may be
| found by a cruiser of the other on
board vessel Of any third Power, or
! on board vessel sailing without flag
/ on papers, which may be condemned
! by any competent court for having
engaged in the African slave trade.
ARTICLE X.


The negroes who are found on board
If Il vessel condemned by the mixed
courts of justice, in conformity with
the stipulations of this treaty, shal
be placed at the disposal of the Gov
crnment whose cruiser has made the
capture they shall be Immediately
set at liberty, and shall remain free,
the Government to whom they have
been delivered gaarantying their lib
crty. ,,...


, ARTICLE XI.


The acts or Instruments annexed t.
this treaty, and which it is mutually