Year: 1866

OF JUSTICE.


ARTICLE l. The mixed courts of justice to be
established under the provisions of the treaty, OF
which these regulations declared to be an in
tegral part shall be composed in the following



The two hrgh contracting parties shall each
name Judge and an arbitrator, who shall be au-
tnorizcd to hear and to decide, without appeal,
ali cases OF capture detention of vessels winch,
N pursuance of the stipulations OF the aforesaid
treaty, snail be brought before them.


The Judges and the arbitrators shall, before they
enter upon the duties of their office, respectively
make oath before the principal magistrate of the
place in which such courts shall respectively re-
side that they will judge fairly and faithfully
that they will have preference either for claim,
ant or for captor; and that they Will act III all
their decisions in pursuance of the stipulations OF
the aforesaid treaty.


There shall be attached to each of such courts a
secretary or registar, who shall be appointed by
the party in whose territories such court shall
reside.


Such secretary or registar shall register all
the acts of the court to which he is appointed !;
and shall, before he enters upon his office, make
oath before the court, that he will conduct him
self with due respect for its authority, and Will
act with fidelity and impartality in all matters
relating to his office.


The salaries of the judges and arbitrators shall
be paid by the Governments by whom they are
appointed.


The salary of tine secretary registal of the
court to be established in the territories of the
United States shall be paid by the United
States Government and that of the secretaries
registrars of the two courts to be established in
the territories of Great Britain shall be paid by
her Britannia Majesty.


Each of the two Governments shall defray half
of the aggregate amount of the other expenses OF
such courts.


ARTICLE II. The expenses incurred by the of
fcer charges with the reception, maintenance,
and care of the detained vessel, negroes and car
go, and with the execution of the sentence and
all disbursements OccasiOned by bringing vessel
to adjudication, shall, in of condemnation,
be betrayed from the funds arising out of the sale
of the materials of the vessels shall have been
fnn offs J1Rh rfG
of the cargo shall consist of merchandise.
And in case the proceeds arising out of this sale
should not prove sufficient to defray such expen-
ses, the deficiency shall be made good by the
Government of the country Within whose ter
ritories the adjudication shall have taken place.


If the detained vessel shall be released, the eX-
penses occasioned by bringing her to adjudication
Shall be betrayed by the captor, except in the
cases specified and otherwise provided for under
article VII. of these regulations.


ARTICLE. III. The mixed courts of justice are
to decide upon the legality of the detention OF
such vessels the cruisers of either nation shall
detain in pursuance of the said treaty.


The said courts shall adjudge defnitevely, and
without appeal, all questions which shall arise
sells.


The proceedings of the courts shall take place
as summarily possible; and for this purpose
the courts are required to decide each case ds far
as may be practicable, within the space oil twenty
days, to be dated from the day on which the de-
taned vessels shall have been brought into the
port r where here the deciding courts shall reside





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 interested; but in that case, upon
such party or parties 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 exceed
ing four months.


Either party shall be allowed to employ such
counsel as he may think fit, to assist him in the
conduct of his cause


All the acts an essential parts of the proceed
lngs OF the said courts shall be committed to
writing and be placed upon Iecord.


ARTICLE ~. The form of the process, or mode
lows


The sndges appointed by the two Governments,
respectively, shall in the first place proceed to
anime the papers of the detained vessel and shall
take the deposition of the master or commander,
and OF two three at least, of the principal in
alv1dnads on board of such vessel; and shall also
take the declaration or oath of the captor, if it
should appear to them necessary to do SO, in Or
DER to Judge and pronounce whether the said YES
SCI mas been justly detained or not, according to
suen Judgment, the vessel may be condemned or
releasen In the event of the two judges not a.
greelng as to the sentence which they ought to
pronounce in any brought before Them
whether with respect to the legality of the deten
non, or the liability Of the vessel to condemna-