Page:United States Statutes at Large Volume 18 Part 2c.djvu/348

GREAT BRITAIN, 1862. 34] _ The salary of the secretary or registrar 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 or registrars of the two courts to be established in the territories of Great Britain shall be paid by Her Britannic Majesty. Each of the two Governments shall defray half of the aggregate E¤i>¢¤¤¢¤· amount of the other expenses of such courts. ARTICLE II. The expenses incurred by the officer charged with the reception, main- Expenses of eentenance, and care of the detained vessel, negroes, and cargo, and with d°'“¤°d “’“"1· the execution of the sentence, and all disbursements occasioned by bringing a vessel to adjudication, shall, in case of condemnation, be defrayed from the funds arising out of the sale of the materials of the vessel, after the vessel shall have been broken up, of the ship’s stores, and of such parts of the cargo as shall consist of merchandise. And in case the proceeds arising out of this sale should not prove sumcient to defray such expenses, the deficiency shall be made good by the Government of the country within whose territories the adjudication shall have taken place. If the detained vessel shall be released, the expenses occasioned by Expenses er isbringing her to adjudication shall be defrayed by the captor, except in lcimd VMS61- the cases specified and otherwise provided for under Article VII of the treaty to which these regulations form an annex, and under Article VII of these regulations. Ancrienn. III. The mixed courts of justice are to decide upon the legality of the Jurisdiction or detention of such vessels as the cruisers of either nation shall detain in <=<>¤**¤· pursuance of the said treaty. The said courts shall adj udge definitively, and without appeal, all questions which shall arise out of the capture and detention of such vessels. The proceedings of the courts shall take place as summarily as possi- D<=¤i¤i<>¤¤· ble; and for this purpose the courts are required to decide each case, as far as may be practicable, within the space of twenty days, to be dated from the day on which the detained vessels shall 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 Fi¤¤1¤<>¤t<>¤¤<>· 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 exceeding four months. Either party shall be allowed to employ such counsel as he may think Counsel. fit, to assist him in the conduct of his cause. All the acts and essential parts of the proceedings of the said courts Records_ shall be committed to writing and be placed upon record. ARTICLE IV. b The form of the process, or mode of proceeding to judgment, shall Mom, of proce,]. e as follows: ure. The judges appointed by the two Governments, respectively, shall in the first place proceed to examine the papers of the detained vessel, and shall take the depositions 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 on oath of the captor, if it should appear to them necessary to do so, in order to judge and to pronounce whether the said vessel has been justly detained or not, according to the stipulations of the aforesaid treaty, and in order that, aecordin g to such judg-