Page:United States Statutes at Large Volume 12.djvu/1285

 TREATY WITH GREAT BRITAIN. APRIL 7, 1862. 1233 mand. The capfor himself, and, in his default, his Government shall D¤¥¤¤8¤•$ remain responsible for the damages to which the master of such hessel, or the owners either of the vessel or of her cargo, may be pronounced to be entitled. The two high contracting parties hind themselves to pay, within the Wi¢l1?¤ wht term of a year from the date of the sentence, the costs and damaves um°t°b° which may be awarded by the court; it being mutually agreed that mich costs and damages shall be paid by the Government of the country of which the captor shall be a subject. ARTICLE VI. lf the detained vessel shall be condemned, she shall be proceeding, declared lawful prize, together with her cargo, of whatever description it when detained may be, with the exception of the negroes who shall have been brought "““°li"°°“' on board for the purpose of trade; and the said vessel, subject to the demmd" stipulations in the VIIIth article of the treaty of this date, shall, as well as her cargo, be sold by public sale for the pront of the two Governments, subject to the payment of the expenses hereinafter mentioned. The negroes who may not previously have been disembarked shall re- Negroes to be ceive from the court a certificate of emancipation, and shall be delivered “°° “* m’°'*Y·&°· over to the Government to whom the cruiser which made the capture belongs, in order to be forthwith set at liberty. Aivrrcnic VII. The mixed courts of justice shall also take cogpizance coms to 48. cf, and shall decide deiinitively and without appeal, all claims for com- *°¤'¤¤i¤¤ ¢l¤i¤¤¤ pensation on account of losses occasioned to vessels and cargoes which f" d°m“g°°’ shall have been detained under the provisions of this treaty, but which shall not have been condemned as legal prize by the said courts ; and in all cases wherein restitution of such vessels and cargoes shall be decreed, save as mentioned in the VIIth article of the treaty to which these regulations form an annex, and in a subsequent part of these regulations, the court shall award to the claimant or claimants, or to his or their lawful attorney or attorneys, for his or their use, a just and complete indemnifi- to make comcation for all costs of suit, and for all losses and damages which the owner Pl°¥° i“d°m“m‘ or owners may have actually sustained by such capture and detention; CMI0n' and it is agreed that the indemnification shall be as follows: First. In case of total loss, the claimant or claimants shall be indem- lcs? °“S° °f°°t°l niiied —— (A.) For the ship, her tackle, equipment and stores. (B.) For all freights due and payable. (C.) For the value of the cargo of merchandise, if any, deducting all charges, and expenses which would have been payable upon the sale of such cargo, including commission of sale. · (D.) For all other regular charges in such ease of total loss. Secondly. In all other cases (save as hereinafter mentioned) not of total In other cms. loss, the claimant or claimants shall be indemnified-- (A.) For all special damages and expenses occasioned to the ship by the detention, and for loss of freight, when due or payable. (B.) For demurrage when due, according to the schedule annexed to the present article. (C.) For any deterioration of the cargo. (D.) For all premium of insurance on additional risks. The claimant or claimants shall be entitled to interest at the rate of 5 _ Claimants cm (five) per cent. per annum on the sum awarded, until such sum is paid by mbd *° ‘"*°*°“· the Government to which the capturing ship belongs. The whole amount of such indemniiications shall be calculated in the money of the country (yummy, to which the detained vessel belongs, and shall be liquidated at the exchange current at the time of the award. The two high contracting parties, however, have agreed, that if it shall Demurruge nm be roved to the satisfaction of the judges of the two nations, and without *°,b° Pmd m °‘*"‘ P ¤ tam cases. having recourse to the decision of an arbitrator, that the captor has heen led into error by the fault of the master or commander of the detained