Page:United States Statutes at Large Volume 12.djvu/1282

 1230 TREATY WITH GREAT BRITAIN. APRIL 7, 1862. eourtsto be brought before that one of the two mixed courts of justice to be esta; h"°“gl“‘ lished at the Cape of Good Hope and at Sierra Leone, which may nearest to the place of detention, or which the captor, on his own responsibility, may think can be soonest reached from such place. If the vessel shall be detained on the coast of the Island of Cuba, she shall be brought before the mixed court of justice at New York. i Search, new Amxcns II. Whenever a ship of either of the two navies, duly ‘“‘},bY "h°m authorized as aforesaid, shall meet a merchant-vessel liable to be searched mu Q` under the provisions of the said treaty, the search shall be conducted with the courtesy and consideration which ought to be observed between allied and friendly nations; and the search shall, in, all cases,·be made by an ofiirer holding a rank not lower than that of a lieutenant in the navy ; or by the officer who at the time shall be second in command of the ship by which such search is made. _ Ifvggggljg ARTICLE III. The commander of any ship of the two nav1es, duly dmmsdi WM authorized as aforesaid, who may detain any merchant-vessel, IH pursu- ,`:f,1;,hQ;a5.(QP° ance of the tenor of the present instructions, shall leave on board the vessel so detained, the master, the mate or boatswain, and two or three, at least, of the crew, the whole of the negroes, if any, and all the cargo. Declaration. The captor shall, at the time of detention, draw up, in writing, a declaration, which shall exhibit the state in which he found the detained vessel; such declaration shall be signed by himself, and shall be given in or sent, together with the captured vessel, to the mixed court of justice before which such vessel shall be carried or sent for adjudication. He shall de- 1,;,; of ppm, liver to the master of the detained vessel a signed and certified list of the &•=- papers found on board the same, as well as a certificate of the number of negroes found on board at the moment of detention. Declaration to In the declaration which the captor is hereby required to make, as well ¢¢>¤t¤i¤ Mme v!` as in the certified list of the papers seized, and in the certidcate of the °m°°"* S"' number of negroes found on board the detained vessel, he shall insert his own name and surname, the name of the capturing ship, and the latitude and longitude of the place where the detention shall have been made. Change 0; ,,0,,- The officer in charge of the detained vessel shall, at the time of bringdi_ti<>n of vessel ing the vessel’s papers into the mixed court of justice, deliver into the f,;tf,;‘:,;:_‘g‘,{;‘:,"* court a certificate signed by himself, and verified on oath, stating any mss; 0,,;,1,, changes which may have taken place in respect to the vessel, her crew, the negroes if any, and her cargo, between the period of her detention and the time of delivering in such paper. When negroes Anricrn IV. If urgent reasons, arising from the length of the voyage
 * ,3:: d¤¤°m· the state of health of the negroes, or any other cause, should require that

' either the whole or a portion of such negroes should be disembarked before the vessel can arrive at the place at which one of the mixed courts of justice is established, the commander of the capturing ship may take upon himself the responsibility of so disembarking the negroes, provided the necessity of the disembarkation, and the causes thereof, be stated in a certificate in proper form. Such certificate shall be drawn up and entered at the time on the log-book of the detained vessel. Proceedings it ARTICLPJ V. In case any merchant-vessel, detained in pursuance of gssgglsgwgiiel the present instructions, should prove to be unseaworthy, or in such a y' condition as not to be taken to one of the three ports where the mixed courts of justice are to be established in pursuance of the treaty of this date, the commander of the detaining cruiser may take upon himself the responsibility of abandoning or destroying her, provided the exact causes which made such a step imperatively necessary be stated in a certificate verified on oath. Such certificate shall be drawn up and formally executed in duplicate at the time. if,,,,, is ,b,,,,_ In case of the abandonment or destruction of a detained vessel, the giggegupr de master and crew, together with the negrocs and papers found on board, 5 * and one copy of the S\\‘O1‘l’l C€l`tlflCi\l€ 1I1€l1l.l0¤€dll1 the preceding para-