Page:United States Statutes at Large Volume 18 Part 2c.djvu/343

 336 PUBLIC TREATIES. arbitrary and illegal detention; and that the search and detention ot vessels specified in the first article of this treaty shall be effected only by ships which may form part of the two navies, respectively, and by such of those ships only as are provided with the special _ instructions annexed to the present treaty, in pursuance of the provisions thereof. Indemnity. The indemnification for the damages of which this article treats shall he paid within the term of one year, reckoning from the day in which the mixed court of justice pronounces its sentence. Anrrcm IV. Mixed ¢=<>¤¤‘*¤ ln order to bring to adjudication with as little delayand inconvenience °”‘“’l‘“h°d‘ as possible the vessels which may be detained according to the tenor of the first article of this treaty, there shall be established, as soon as [Sw A¤i<=l¢Q I may be practicable, three mixed courts of justice, formed of an equal “¥*§g6 °°“.;’5‘},“°°“ number of individuals of the two nations, named for_this purpose by ° ’p' `] their respective Governments. These courts shall reside, one at Sierra Leone, one at the Cape of Good Hope, and one at New York. But each of the two high contracting parties reserves to itself the right of changing, at its pleasure, the place of residence of the court or courts held within its own territories. These courts shall judge the causes submitted to them according to the provisions of the present treaty, and according to the regulations and instructions which are annexed to the present treaty, and which are considered an integral part thereof; and there shall be no appeal from their decision. ARTICLE V. Reparation for In case the commanding officer of any of the ships of the navies of W¤>¤sf¤l ¤¤*¤ 0* either country, duly commissioned according to the provisions of the "m°°"“· first article of this treaty, shall deviate in any respect from the stipulations of the said treaty, or from the instructions annexedto it, the Government which shall conceive itself to be wronged thereby shall be entitled to demand reparation; and in such case the Government to which such commanding officer may belong binds itself to cause inquiry to be made into the subject of the complaint, and to inflict upon the said officer a punishment proportioned to any wilful transgression which he may be proved to have committed. Anrrcnm VI. Causes for deten- It is hereby further mutually agreed that every American or British tion of vessels- merchant vessel which shall be searched by virtue of the present treaty, may lawfully be detained, and sent or brought before the mixed courts of justice established in pursuance of the provisions thereof, if, in her equipfnent, there shall be found any of the things hereinafter mentioned, name y : 1st. Hatches with open gratings, instead of the close hatches, which are usual in merchant vessels. 2nd. Divisions or bulkheads in the hold or on deck, in greater number than are necessary for vessels engaged in lawful trade. 3rd. Spare plank fitted for laying down as a second or slave deck. 4th. Shackles, bolts, or handcuiis. 5th. A larger quantity of water in casks or in tanks than is requisite for the consumption of the crew of the vessel as a merchant vessel. 6th. An extraordinary number of water-casks, or of other vessels for holding liquid; unless the master shall produce a certificate from the custom-house at the place from which he cleared outwards, stating that a sufficient security had been given by the owners of such vessel that uch extra quantity of casks, or of other vessels, should be used only to hold palm-oil, or for other purposes of lawful commerce. `