Page:United States Statutes at Large Volume 12.djvu/1280

 1228 TREATY WITH GREAT BRITAIN. APRIL 7, 1862. such extra quantity of casks, or of other vessels should be used only to hold palm oil, or for other purposes of lawful commerce. . _ Mon-tubs. Seventh. A greater number of mess-tubs or kids than requisite for the use of the crew of the vessel as a merchant-vessel. _ (boking apps- Eighth. A boiler, or other cooking apparatus, of an unusual size, and "*“'· larger, or capable of being made larger, than requisite for the use of the crew of the vessel as a merchant-vessel ; or more than one boiler, or other cooking apparatus, of the ordinary size. _ 3;,,,, m.;,,,' ZW1A0n An extraordinary quantity of rice, of the ilour of Brazil, of sw. manioc or cassada, commonly called farinha, of maize, or of Indian corn, or of any other article of food whatever, beyond the probable wants of the crew; unless such rice, flour, fnrinha, maize, Indian corn. or other article of food, be entered on the manifest as part of the cargo for trade. Matting. Tenth. A quantity of mats or matting greater than is necessary for the use of the crew of the vessel as a merchanbvessel ; unless such mats or matting be entered on the manifest as part of the cargo for trade. i Pmonhm; sue]; If it be proved that any one or more of the articles above specified IS
 * E‘·’&:’° tgube or are on board, or have been on board during the voysrge in which the

,,,.;,,,d’j·a,_1§,, (M_ vessel was captured, that fact shall be considered as przmafacse evndenoo donos. that the vessel was employed in the African slave trade, and she shall m Vessel to be consequence be condemned and declared lawful prize; unless the master f;’;d‘:=“°d* ‘“" or owners shall furnish clear and inoontrovertible evidence, proving to ' ° the satisihction of the mixed court of justice, that at the time of her detention or capture the vessel was employed in an lawful undertaking, and that such of the diH`erent articles above specified as were found on board. at the time of detention, or as may have been embarked during the voy- age on which she was engaged when captured, were indispensable for the lawful object of her voyage. No dsmsgsw, ARTICLE VII. If any one of the articles specitied in the preceding l§¤ Pwd for ¤*¤¤l; article as grounds for condemnation should be found on board :1 mer- Exfcgs 2}; 2: chant-vessel, or should be proved to have been on board of her during board, Sm. the voyage on which she was captured, no compensation for losses, damages, or expenses consequent upon the detention of such vessel, shall in any case be granted either to the master, the owner, or any other person interested in the equipment or in the lading, even though she should not be condemned by the mixed court of justice. vessel, cou. ARTICLE VIII. It is agreed between the two high contracting parties, downed under that in all cases in which a vessel shall be detained under this treaty, by ms °'°“tY °° b° their res ective cruisers an havi rr b <r dth Afl broken up, &c_, p _, s no een engabe in e rtcan s ave unless, &o. trade, or as having been fitted out for the purposes thereof, and shall consequently be adjudged and condemned by one of the mixed courts of Justice to be established as aforesaid, the said vessel shall, immediately after its condemnation, be broken up entirely, and shall be sold in separate parts, after having been so broken up; unless either of the two Governments should wish to purchase her for the use of its navy, at a price to be fixed by a competent person chosen for that purpose by the mixed court of justice, in which case the Government whose cruiser shall have detained the condemned vessel shall have the first; option of purchase. Owners, om- Anrtenn IX. The captain, master, pilot, and crew of any vessel ggésggegwyuef condemned by the mixed courts of justice shall be punished according to www punish, the laws of the country to which such vessel belongs, as shall also the 6d, &¢- owner or owners and the persons interested in her equipment or cargo, unless they prove that they had no participation in the enterprise. Persons on For this purpose, the two high contracting parties agree that, in so far bfizréi itch :;:5% as it may not be attended with grievous expense and inconvenience, the 'Qfwh,‘Qmi0’: with master and crew of any vessel which may be condemned by n sentence witnesses, &o. of one of the mixed courts of justice, as well as any other persons found on board the vessel, shall be sent and delivered up to the jurisdiction of the nation under whose Hug the condemned vessel was sailing at the time