Page:United States Statutes at Large Volume 12.djvu/1279

TREATY WITH GREAT BRITAIN. A1>1ur. 7; 1862. 1227 'Fourthly. It is further mutually agreed that the commanders of the I¤¤¤’¤¢*l°¤¤ W ships of the two nvpes, respectively, who shall be employed on this ser- ::,df?;1;`{:dth°:k vice, shall adhere strictly to the exact tenor of the aforesaid instructions. tenor. ARTICIIE III. As the two preceding articles are entirely reciprocal, Losses by the two high contracting parties engage mutually to make good my losses 'Y'°“Km d°°°’“' which their respective subjects or citizens may incur by an arbitrary and $34%%:;% illegal detention of their vessels; it being understood that this indemnity “°¤· shall be borne by the Government whose cruiser shall have been guilty of such arburary and illegal detention; and that the search and detention of vessels specified in the first article of this treaty shall be eifected only by ships which may form part of the two navies, respectively, aud by such of those ships only as are provided with the special instructions nunexed to the present treaty, in pursuance of the provisions thereofl The indemnification for the damages of which this article treats shall be paid I¤<Z•¤}¤i*.7*0 within the term of one year, reckoning from the day in which the mixed b°P°'d""’°"' court of justice prouounces its sentence. _ Anrrcnu IV. In order to bring to mhudicaiion with as little delay and T¤¤‘¤¤ ¤¤*¤°<l inconvenience as possible, the vessels which may be detained according ::12;,,52 b° °°` to the tenor of the first article of this treaty, there shall be established, as soon as may be practicable, three mixed courts of justice, formed by an equal number of individuals of the two nations, named for this purpose by their respective Governments. These courts shall reside, one at Places ofwm-ze, Sierra Leone, one at the Cape of Good Hope, and one at New York. But each of the two high contracting parties reserves to itself the right maybe changof changing, at its pleasure, the place of residence of the court or courts °d' held within its own territories. These courts shall judge the causes submitted to them according to the Duties ofeouxb. provisions of the present treaty, and according to the regulations and instructions which are annexed to the present treaty, and which are considered an integral part thereof; and there shall be no appeal from their No sppm, decision. - ` ARTMLE V. In case the commanding officer of any of the ships of Each governthe navies of either country, duly commissioned according ho the provi- :;:1 ”::Y\_g;:°¤_ sions of the first article of this treaty, shall deviate in any respect from ;,,,,,,,,,,;·°;; M, the stipulations of the said treaty, or from the instructions annexed to it, of omcm of ahatbe Government which shall conceive itself to be wronged thereby shall °°‘°"' be entitled to demand reparation; and in such case the Government to which such commanding officer may belong binds itself to cause inquiry to be made into the subject of the complaint, and to inflict upon the said _ u officer a punishment proportioned to any wilfixl transgression which he m£\“$fih°?_f“‘°°‘ may be proved to have committed. Anrxcmc VI. I; is hereby further mutually agreed, that every Amer- Mgrghgnt up. ican or British merchant-vessel which shall be searched by virtue of the 5;: 5.1% b° 6*** present treaty may lawfully be detained, and sent or brought before the 0mm_ mixed courts of justice established in pursuance of the provisions thereof} ii} in her equipment, there shall be found any of the things herennafter mentioned, namel : _ Ilrst. Hatchesywith open gratings, instead of the close hatches, which o Nm WM are usual in merchant vessels. _ pm Q" Second. Divisions or bulk-heads lin thegggld or cgnldleacg, m greater Bulk-heads. number than are necessa for vessc s engac in aw u e. £Z71i1‘d. Spare plank fitrtgd for laying down as a second or slave deck. &£l’°'° P1°°k' Fourth. Shacklcs, bolts, or handcuils. _ _ _ shackles, Gw- Fefih. A larger quantity of water in caéks or in tanks than as requisite Wm:. for the consumption of the crew of the vessel as a merchant-vessel. Sixth. An extraordinary number of water masks, or of other vessels for Wamush. hclding liquid; unless the master shall produce a certificate from the custom-house at the place from which he cleared outwards, stating that a sufficient security had been given by the owners of such vessel that von. x11. 'I`mcn·.——-157