Page:United States Statutes at Large Volume 12.djvu/1284

 1232 thEATY WITH GREAT BRITAIN. APRIL 7, 1862. cient to defray such expenses, the deficiency shall be maele  by 1:115 Government of the country within whose terrxtorxes the adjudication s a have taken place. . b Cnptor to pay If the detained vessel shall be released, the expenses 0cc¤Sl0¤§d HY f:g;3“°:“‘;;"°‘ bringing her to adjudication shall he defrayed by the captor, <->1;_¤6g>t ¤¤ :6 umm gw. ’ 03568 specified ani! otherwise provided for under article VII. 0 t G tries y to which these regulations form an annex, and under article VII. of these regulations. _ _ _ Courts, juris- ARTICLE III. The mixed courts of Justice are to decule Upon the 'l*°**°¤· legality of the detention of such vessels as the ormsers of exther nzmon shall detain in pursuance of the said treaty. _ The said courts shall adjudge definitively, and without appeal, all questions which shall arise out of the capture and detention of such vessels. . Dm ious to be The proceedings of the courts shall take place as suxnmarrly as possx-
 * ‘d° m twmty N6; and for this purpose the courts are required to decxde each case, as

ya` far as may be practicable, within the space of twenty days, to be dztted from the day on which the detained vessels shall have been brought into the port where the deciding court shall reside. _ Find mmco The Hua} sentence shall not, in any-case, be delayed beyond the pertcd W M Within *W° of two months, either on account of the absence of wituess0s,_01‘ for Elly 2§"°h°’ unless' other cause, except upon the application of any of the psrties xnterested; but in that case, upon such party or parties giving satmfactory 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. comm}, Either party shall be allowed to employ such counsel as he may think fit, to assist him in the conduct of his cause. b ?¤`°°°€•:il¤8° *3 All the acts and essential parts of the proceedings of the said courts rgcxdzg ng m shall be committed to writing and be placed upon record. _ Mode of Pm_ ARTICLE IV. The form of the process, or mode of proceeding to cedum of the judgment, shall be as follows: °°'¤'*¤· 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 deposition of the master or commander, and of two or three, at least, of the principal individuals on board of such vessel; and Egsmiuatiou shall also take the declaration or oath of the captor, if it should appear g;h‘P'“ P“P°"· 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, according to such judg- H two judges ment, the vessel may be condemned or released. In the event of the mugru, umpire two judges not agreeing as to the sentence which they ought to proh°W°°b°°h°°°¤- nounce in any case brought before them, whether with respect to the legality of the detention, or the liability of the vessel to condemnation, or as to the indemnification to be allowed, or as to any other question which may arise out of the said capture; or in case any diH`ereuce of opinion should arise between them as to the mode of proceeding in the said court, they shall draw by lot the name of one of the two arbitrators so appointed as aforesaid, which arbitrator, after having considered the proceedings which have taken place, shall consult with the two judges on the case; and the final sentence or decision shall be pronounced conformably to the opinion of the majority of the three. Proceedings if Amucnm V. If the detained vessel shall be restored by the sentence demnmvmuis of the court, the vessel and the cargo, in the state in which they shall restored- then be ibund, (with the exception of the negroes found on board, if such ucgroes shall have been previously disembarked under the provisions of articles IV. and V. of the instructions annexed to the treaty of this date,) shall forthwith_be given up to the muster, or to the person who represents him; and such muster or other person muy, before the same court, claim valuation of the damages which he may have a right to de·