Page:United States Statutes at Large Volume 18 Part 2c.djvu/350

 GREAT BRITAIN, 1862. 343 Figst. In case of total loss, the claimant or claimants shall be indemnifie -— (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. gD.) For all other regular charges in such case of total loss. econdly. In all other cases (save as hereinafter mentioned) not of total 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. · he claimant or claimants shall be entitled to interest at the rate of 5 (five) per cent. per annum on the sum awarded, until such sum is paid by the Government to which the capturing ship belongs. The whole amount of such indemnifications shall be calculated in the money of the country 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 Demurmge. shall be proved to the satisfaction of the judges of the two nations, and without having recourse to the decision of an arbitrator, that the captor has been led into error by the fault of the master or commander of the detained vessel, the detained vessel in that case shall not have the right of receiving, for the time of her detention, the demnrrage stipulated by the present article, nor any other compensation for losses, damages, or expenses consequent upon such detention. . Schedule of demuwage or daily cllowancefor a vcssel of- 100 tons to 120, inclusive. . £5 per diem 121 “ 150, _ “ . . . . . . ... 6 “ 151 “ 170, “ .. . . .. 8 “ 171 “ 200, “ .. 10 “ 201 “ 220, “  .  11 “ 221 " 250, “ .. . ... 12 “ 251 “ 270, “ .. . . . . . ... 14 “ 271 “ 300, " .. 15 ‘• And so on in proportion. ARTICLE VIII. Neither the judges, nor the arbitrators, nor the secretaries or regis- Judges, r¤si¤- trars of the mixed courts of justice, shall demand or receive from any :°°fit;‘°“ *° of the parties concerned in the cases which shall be brought before such g ‘ courts any emolument or gift, under any pretext whatsoever, for the performance of the duties which such judges, arbitrators, and secretaries or registrars have to perform. ARTICLE IX. The two hi h contractin arties have agreed that, in the event of V=w¤¤•¤i¤¤ iu the death, siclrness, absencg (lil leave, or any other legal impediment of f,‘H;Q’f’¤ mw °° l’° one or more of the judges or arbitrators composing the above-mentioned courts, respectively, the post of such judge or arbitrator shall be supplied, ad interim, in the following manner. _ First. On the part of the United States, and in that court which shall sit within their territories: If the vacancy be that of the United States