Page:United States Statutes at Large Volume 18 Part 2c.djvu/347

 340 PUBLIC TREATIES. himself the responsibility of so disembarking the negroes, provided the necessity of the disembarkation, and the causes thereof, be stated in a ccrtiticatc in proper iorm. Such certificate shall be drawn up and entered at the time on the log-book of the detained vessel. Anrrcm V. Abandonment, In case any merchant vessel detained in pursuance of the present in- &°·- °f “ “ “ °*" structions should prove to be nnseaworthy, or in such a condition as Wmhy v°s°°1°` 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 . [$*2,** “R°€“I"·' commander of the detaining cruiser may take upon himself the respon- /°‘°“°’ Am°1° V'] sibility 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 iormally executed in duplicate at the time. Proceedings on In case of the abandonment or destruction of a detained vessel, the ”·l’”~¤d°¤*¤°¤°r&°· master and crew, together with the negroes and papers found on board, and one copy of the sworn certificate mentioned in the preceding paragraph of this article, shall be sent and delivered to the proper mixed court of justice at the earliest possible moment. _ Instructions The undersigned Plenipotentiaries have agreed, in conformity with m=*· PM' F 0 f the Xlth article of the treaty signed by them on this day, that the "°“°*'· present instructions shall be annexed to the said treaty and be considered an integral part thereotl Dnto. Done at Washington the seventh day of April, in the year of our Lord one thousand eight hundred and sixty-two. WILLIAM H. SEWARD. L. s.] LYONS. L. s.| April 7, 1862. ANNEX (gg, TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA ——·————·———·— AND G ‘AT BRITIAN, FOR THE ABOLITION OF THE AFRICAN SLAVE TRADE, SIGNED AT WASHINGTON CN THE vm DAY OF APRIL, 1862. Regulations for the mixed courts of justwc. ARTICLE I. F°¤¤l¤***;;¤ f°* The mixed courts of justice to be established under the provisions of "“‘°d °°“’ ‘ the treaty of which these regulations are declared to be an integral part, shall be composed in the following manner: _Jndges and ar- The two high contracting parties shall each name a judge and an b¤°*¤*°’¤· arbitrator, who shall be authorized to hear and to decide, without appeal, all cases of capture or detention of vessels which, in pursuance of the stipulations of the aforesaid treaty, shall be brought before them. Oath of omoe. The judges and the arbitrators shall, before they enter upon the duties of their office,_ respectively make oath before the principal magistrate of the place in which such courts shall respectively reside, that they will judge fairly and faithfully; that they will have no preference either for claimant or for captor; and that they will act in all their decisions in pursuance of the stipulations of the aforesaid treaty. Registrars. There shall be attached to each of such courts a secretary or registrar, whodshall be appointed by the party in whose territories such court shall resi e. Duties of regis- Such secretary or registrar shall register all the acts of the court to oath before the court that he will conduct himself with due respect for IGS authority, and will act with ndelity and impartiality in all matters relating to his office. Salmon. The salaries of the judges and arbitrators shall be paid by the Governments by whom they are appointed.
 * ““'· which he is appointed; and hall, before he enters upon his office, make