Year: 1866

ton, or as to the indemnification to be allowed,
or as to any other question which may arise out
of the said capture; or in any difference of
opinion should arise between them as to the mode
of proceeding in the said court, they shall draw
by lot the name of one OF the two arbitrators so
appointed as aforesaid which arbitrator, after
having considered the proceedings which have
taken place. shall consult with he two Judges on
the case; and the final sentence decision shall
majority of the three.


ARTICLE " If the detained vessel shall be re-
stored by the sentence of the court, the vessel
and the cargo, in the state in which they shall
then be found, with the exception OF the negroes
found on board, if such negroes shall have been
previously disembarked under the provisions OF
article " of the instructions annexed to the trea
ty of this date shall forthwith be 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 two high contracting parties bind them
selves to pay, within the term of year from the
date of the sentence the costs and damages
which may be awarded by the court; it being
mutually agreed that such costs and damages
shall be paid by the Government of the country
OF which the captor shall be a subject
Article VI. Ii the detained vessel shall be con-
demned, she shall be declared lawful Prlze to. ..
gether with her cargo, of whatever description 1t
may be, with the exception of the negroes who
shall have been brought on board for the purpose
of trade and the said vessel subject to the stip-
ulations in the With article of the treaty of this
dae shall, as well as her cargo be sold by public
sale for the profit of the two Governments, sub
JGcI u tuS VI tuS ApCnSCo hSiS
mentioned.


The negroes who may not previously have been
disembarked shall receive from the court certiti-
cate of emancipation and shall be delivered over
to the Government to whom the cruiser which
made the capture belongs, in order to be forth
with set rt liberty


Article VII The mixed courts of Justice shall
also take cognizance of, and shall decide defini-
lively and without appeal, all claims for compen-
Satlon on account of losses OccaSloned to vessels
and cargoes which shall have been detained under
the provisions of this treaty, but which shall not
have been condemned as legal prize by the said
courts; and in all cases wherein restitution of
such vessels and cargOes shall be decreed, save
mentioned in the With article of the treaty to
which these regulations form annex and in a
subsequent part of these regulations, the court
shall award to the claimant or claimants, to his
or their lawful attorney attorneys, for his or
their use, just and complete indemntication for
all costs of suit, and for all losses and damages
which the owner or owners may have actually
sustained by such capture and detention; and it
is agreed that the indemnifcatiop shall be as fol-
lows:


First. In case of total loss, the claimant or
claimants shall be indemnified-


(A) For the ship, her tackle, equipment and
stores.


(B) For all freights due and payable.


Co For the value of the cargo of merchandise,
if any, deducting all charges, and expenses which
would have been payable upon the sale of such
cargo, inclu' ing commission of sale.


(D) For all other regular charges in such case
of total loss.


Secondly. In all other cases (save as hereinafter
mentioned) not of total loss, the claimant or





(A) For ali special damages and expenses
casoned to the ship by the detention, and for loss
of freight, when due payable.


OBJ For demurrage when due, according to the
schedule annexed to the present article.


co. For any detention of the cargo.


(D) For all premium of insurance on additional
risks


The claimant claimants shall be entitled to
interest at the rate of (fve) per cent per annum
on the sum awarded, uutil such sum is paid by
the Government to which the capturing ship be-
longs. The whole amount of such indemnitica
tions shall be calculated in the money of the
money of the country to which the detained YES
sci belongs, and shall be liquidated at the ex-
change current at the time of the award.


The two high contracting parties, however,
have agreed that if it shall be proved to the sat
isfaction of the judges of the two nations, and
without having recourse to the decision of an ar
bitrator, that the captor has been led into error
by the fault of the master commander of the
detained vessel, the detained vessel in that case
shall not have the right of receiving for the time
of her detention, the dcmurrage stipulated by the
present article, nor any other compensation for
losses, damages, or expenses consequent upon
such detention.


Schedule of demurrage or daily allowance for