Page:United States Statutes at Large Volume 18 Part 2c.djvu/734

SWEDEN, 1783. 727 or their subjects, shall not be subject to any embargo, nor detained in any of the countries, territories, islands, cities, towns, ports, rivers, or domains whatever, of the other ally, on account of any military expedition, or any public or private purpose whatever, by seizure, by force, or by any such manner; much less shall it helawful for the subjects of one of the parties to seize or take anything by force from the subjects of the other party, without the consent of the owner. 'Ihis, however, is not to be understood to comprehend seizures, detentions, and arrests, made by order and by the authority of justice, and according to the ordinary course for debts or faults of the subject, for which process shall be had in the way of right according to the forms of justice. Aarrcmr XVIII. If it should happen that the two contracting parties should be en- R¤z¤i¤¤i¤¤_¤ i¤ ga ged in a war at the same time with a common enemy, the following °"° °' "“ ‘"“‘ “ points shall be observed on both sides: °°'"S':’;°;°;'°’;H 1. If the ships of one of the two nations, retaken by the privateers t,;,,,, ,,{1§°l3_,,,,,{ of the other, have not been in the power of the enemy more than 24 Article XVII, hours, they shall be restored to the original owner, on payment of one- ¢¤=¤W <>f W2", PP- third of the value of the ship and cargo. If, on the contrary, the vessel 735*7**] retaken has been more than 24 hours in the power of the enemy, it shall belong wholly to him who has retakeu it. 2. ln case, during the interval of 24 hours, a vessel be retaken by a man·ot1war of either of the two parties, it shall be restored to the original owner, on payment of a thirtieth part of the value of the vessel and cargo, and a tenth part of it if it has been retaken after the 24 hours, which sums shall be distributed as a gratincation among the crew of the men-of-war that shall have made the recapture. 3. The prizes made in manner above mentioned shall be restored to the owners, after proof made of the property, upon giving security for the part coming to him who has recovered the vessel from the hands of the enemy. 4. The men-of-war and privateers of the two nations shall reciprocally be admitted with their prizes into each others ports; but the prizes shall not be unloaded or sold there until the legality of a prize made by Swedish ships shall have been determined according to the law and regulations established in Sweden, as also that of the prizes made by American vessels shall have been determined according to the laws and regulations established by the United States of America. 5. Moreover, the King of Sweden and the United States of America shall be at liberty to make such regulations as they shall judge necessary respecting the conduct which their men-otiwar and privateers respectively shall be bound to observe, with regard to vessels which they shall take and carry into the ports of the two Powers. Aarronm XIX. The ships of war of His Swedish Majesty and those of the United Eegulation of States, and also those which their subjects shall have armed for P¤=¤¤· _ war, may with all freedom conduct the prizes which they shall have t [*1¤*>£_*;g>}g§Ei made from their enemies into the ports which are open in time of war A'?, fob Xg IL to other friendly nations; and the said prizes upon entering the said mw of 1327, m,_ ports shall not be subject to arrest or seizure, nor shall the omcers of 1:15, 741.] the places take coguizance of the validity of the said prizes, which may depart and be conducted freely and with all liberty to the places pointed out in their commissions, which the captains of the said vessels shall be obliged to shew. Aarronm XX. In case any vessel belonging to either of the two States, or to their 'zr¤¤k¤¢}¤¤¤d¤¤· subjects, shall be stranded, shipwrecked, or suffer any other damage on **8 "°“°° · the coasts or under the dominion of either of the parties, all aid and