Page:United States Statutes at Large Volume 18 Part 2c.djvu/349

 342 PUBLIC TREATIES. ment, the vessel may be condemned or released. _In the event of the two judges not agreeing as to the sentence which they ought to pronounce 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 difference ot 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,wl1ich 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. Anrrcmr V. Prepcedinns when If the detained vessel shall be restored by the sentence of the court, ‘*"*€;{'£l "°°”l “ the vessel and the cargo, in the state in which they shall then be found, mss;339 340 (with the exception of the negroes found on board, if such negroes shall [ °”‘ ’ '] have been previously disembarked under the provisions of Articles lV and V of the instructions annexed to the treaty of this date,) shall forthwith be given up to the master, or to the person who represents him ; and such master or other person may, before the same court, claim a. valuation of the damages which he may have a right to demand. The captor himself, and, in his default, his Government, shall remain responsible for the damages to which the master of such vessel, or the ownairsl either of the vessel or of her cargo, may be pronounced to be entitle. The two high contracting parties bind themselves to pay, within the term of a year from the date of the sentence, the costs and damages which may be awarded by the court; it being mutually agreed that such costs and damages shall be paid by the Government of the country of which the captor shall be a subject. Anrrcrm VI. Proceedings whgu If the detained vessel shall be condemned, she shall be declared lawdetained vessel is ful prize, together with her cargo, of whatever description it may be, °°¤d°¤*¤°d- with the exception of the negroes who shall have been brought on board for the purpose of trade; and the said vessel, subject to the stipulations in the Vlllth article of the treaty ot this date, shall, as well as her cargo, be sold by public sale for the profit of the two Governments, subject to the payment of the expenses hereinafter mentioned. The negroes who may not previously have been disembarked. sliall receive from the court a certificate of emancipation, and shall be delivered over to the Government to whom the cruiser which made the capture belongs, in order to be forthwith set at liberty. Anrronn VII. Claims ro: arm- The mixed courts of justice shall also take cognizauce of and shall ¤z<=¤· decide definitively and without appeal, all .claims for compdnsatiou on [See Article II.] account of losses occasioned to vessels and cargoes which shall have been detained under the provisions of this treaty but which shall not have been condemned as legal prize by the said counts- and in all cases where1n_restitution of such vessels and cargoes shall ’beAecreed 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 indemnihcation for all costs of suit, and for all losses and damages which the owner or owners may have actually sustained by such capture and detention ; and it IS agreed that the indemnification shall be as follows: