Year: 1862

tsUlS WiiIch shall ARISE out OF the cap
turc and detention of such vessels.


The proceedings Of the courts shall
take place as srnmarily as possible
and for this purpose the courts arc re;
quired to decide each case, as far az
may be practicable, within the space
of twenty days, to be dated from the
day on which the detained vessel shalt
have been brought into the port where
the deciding court shall reside.


The final sentence shall not, in any
case, be delayed beyond the period OF
two months, either on account of the
absence of witnesses, or for any 9th.
er cause, except upon the application
OF any of the parties interested but
in that case, upon such party or par-
ties giving satisfactory security that
they 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 be allowed to en-
ploy such counsel as he may think fit,
to assist him in the conduct of his
cause.


All the acts and essential parts Of
the proceedings of the said courts
shall be committed to writing and bo
placed upon record.


ARTICLE IT.


The form of the process, or mode of
proceeding to Judgment, shall be az
follows:


The judges appointed by tic two
Governments, respectively, shall, III
the first place, proceed to examine the
papers of the detained vessel, and
shall take the deposition of the master
or commander, and Of two or three at
least of the principal individuals on
board Of such vessel and shall also
take the declaration or oath of the
captor, if it should appear to them ne
cessary to do so, in order to judge
and to pronounce whether the said
vessel has been justly detained or nof,
according TO the stipulations of the
aforesaid treaty, and in order that,
according to such Judgment, the yes
sci may be condemned or released.


In the event of the two judges not
agreeing as TO the sentence whic,
they ought to pronounce in any case
brought before them, whether withrc-
Spcct to the legality of the detention.
or the liability of tic vessel to cou-
demnation, or as to the indemnilica
ton to he allowed, or as 10 any other
question which may arise out of the.
said capture :or in case any difference
Of opinion should arise between them
as TO the mode of proceeding in tho
said court, they shall draw by lot the
name of one Of the two arbitra-
tors so appointed asarOrcsaid, which
arbitrator, after having considered
the proceedings which have taken
place, shall consult with the two jud@-
cs on the case and the final sentence
or decision shall be pronounced CON
formally to the opinion of the major.
ity of the three.


AETIcLEy.


IF the detained vessel shall he re-
stored 10y the sentence of the court,
the vessel and tire cargo in the state
in which they shall then be found,
(with the exception of the negroes
found on board, If such negroes shalt
have been previously discmbarkcd
under the provisions of articles fourth
fifth of the instructions annexed to the
treaty of this date, shall forthwith
bc given up to the master, or to the
person who represents him and such
master or other person may, before
the same court, claim valuation of the
damages which he may have right
to demand. The captor himself and
in his default, his Government shalt
remain responsible for the damages to
which the master of such vessel, or
the owners either of the vessel or of
her cargo, may be pronounced to be
entitled.


The two high contracting parties
bind themselves to pay, within the
term of year from The datcof the
sentence, the costs and damages
which may be awarded by the
court I; it being mutually agreed
that such costs and damages shall be
paid 10y the Government of the coun-
try of which the capt0r shall be
subject.


ARTICLE VI.


If the detained vessel shall be con-
demncd, she shall be declared lawful
prize, together with her cargo, Of
whatever description it may be, with
the exception of the negroes who shall
have been brought on board for the
purpose of trade and the said YES
sell, subject to the stipulations in the
eighth article Of the treaty Of this
date, shall, as we'll as hcr cargo, be
sold 10y public sale for the profit OF
both Governments, subject to the pay
ment Of the expenses hereinafter mcn-
toned.


The negroes who may not previous
ly have been disembarked shall re-
ceive from the court certificate OF
emancipation, and shall be delivered
over to the Government to whom the
cruiser which made the capture be-
longs, in order 10 be forthwith set at
liberty.


ARTICLE vtG.


The mixed courts of JUSTICE shall
also take cognizance of, and shall de-
eide defnitiyely and without appeal,
all claims for compensation on account
of losses occasioned to vessels and car
goes which shall have been detained
under the provisions of this treaty,
but which shall not have been cou-
demned as legal prize by the said
courts, and in all cases wherein rcsti
tuition OF such vessels and cargoes
shall be decrcea, save rs mentioned il
the seventh article of the treaty t,
which these regulations form an anne,
| and in a subsequent part Of these reg
ulations, the court shall award to th,
claimant or claimants. or TO his or thci
lawful attorney or attorneys for his oI
their use, a Just and complete indem
MITIGATION for all costs of suit, and fol
all losses and damages which th