Page:United States Statutes at Large Volume 16.djvu/812

 `778 CONVENTION `WITH GREAT BRITAIN- JUNE 3, 1870. additional convention shall be officially communicated to` the. said mixed Pending cases courts of justice. The said courts shall nevertheless have the powenj, and WW °°¤°h*d°d- it shall be their duty, to proceed with all practicable dispatch to the Hnal determination of all causes and proceedings which may be pending, and undetermined in them, or either of them, at the time of receiying notice of the ratification of this convention. jurisdiction or Amxcm II. The jurisdiction heretofore exercised by the said mixed {*::;*1 ;m·“b‘° courts in pursuance of the provisions of the, saic} treaty shall, after the ext;,, Pm, warg change of the ratiications of the present additional convention, be exer- ¤f¤¤¤h¤r Mun- ciscd by the courts of one or the other of the high contracting parties tr-" according to their respective modes of procedure in matters of maritime Proceedings prize ; and all the provisions of the said treaty with regard to the sending md P'°°“°°· or bringing in of captured vessels for adjudication before the said mixed courts, und with regard to the adjudication of such vessels by the said courts, and the rules of evidence to be applied and the proceedings consequent on such adjudication, shall apply, mutatis mutandis,, to the courts of Appeals. the high contracting parties. It is, however, provided that there may be an appeal from the decision of any court of the high contracting parties, in the same manner as by the law bf the country where the court sits is allowed in other cases of maritime prize. Merchant vu- ARTICLE III. It is agreed that in case of an American merchant vessel ggnszzmgb? the African slave trade, or as having been fitted out for the purposes eruum of the thereof, she shall be sent to New York or Key West, whichever shall be {’g;:‘}:‘L‘;“3`g· most accessible for adjudication, or shall be handed over to an United Pago; States cruiser, ifone should be available in the neighborhood of the capture; and that in the corresponding case of a British merchant vessel searched by 2. United States cruiser being detained as having been engaged in the African slave trade, or as having been fitted out for the purposes thereof, she shall be sent for adjudication to the nearest or most accessible British colony, or shall be handed over to u British cruiser, if one should be available in the neighborhood of the capture. Witnesses and All the witnesses and proofs necessary to establish the guilt of the fv'fgfQl:’g$§s;:‘;° master, crew, or other persons found on board of any such vessel, shall be sent and handed over with the vessel itse1f§in order to be produced to ehe court before which such vessel or persons may be brought for tria. Negrpcs, how All ncgroes, or others, (necessary witnesses excepted,) who may be on consigned to, slavery, shall be handed over to the nearest British authority. They shall be immediately set at liberty, and shall remain free, Witnesses. her Britannic Majesty guaranteeing their liberty. With regard to such of those negroes, or others, as may be sent in with the detained vessel as necessary witnesses, the government to which they may have been delivered shall set them at liberty as soon as their testimony shall no longer be required, and shall guarantee their liberty. 0mm an Where a detained vessel is handed over to a cruiser of her own nation, @$5;; an officer in charge, and other necessary witnesses and proofs, shall ac- whom hx company the vessel. Instructions Amxcnm IV. It is mutually agreed that the instructions for the ships 7- · . . . 4. ’ which are annexed to this conventwn, shall form an integral part thereof} and shall have the same force and effect as if they had been annexed to the treaty of the 7th of April, 1862, in lieu of the instructions forming annex A to that treaty. 0the1};;%;t;of AIITICLE V. In all oeher respects the stipulations of the treaty of m:g!l °m Rm? Appl 7, 1862, shall remarn in full force and effect until terminated by v,,;_ p,mg, nouce gnvcn by one of the high contracting parties to the other, in the manner prescribed by Article XII. thereof}
 * 1* °f°m*°'h searched by n. British cruiser being detained as having been engaged in
 * °b°‘““P°“°d°f· bourd'eiabcr an American or a British vessel for the purpose of being
 * ':f§t‘?dk;::’° of the navics of both nations destined to prevent the Afiican slave trade