Page:United States Statutes at Large Volume 8.djvu/160

 {48 TREATY WITH SPAIN. 1795. not been worked into the form of any instrument prepared for war, by land or by sea, shall not be reputed contraband, much less, such. as have been already wrought and made up for any other use; all which shall be wholly reckoned lpmlpng free goods: A: hlgetwise (pil other {ne;- chandizes and thin s w ic are not compre en e an particu ar mentioned in the fodegoing enumeration of contraband goods: So thai they may be transported and carried in the freest manner by the subjects of both parties, even to places belonging to an enemy, such towns or places being only excepted, as are at that time besieged, blocked up, or invested. And except the cases in which any ship of war, or squadron shall, in consequence of storms or other accidents at sea, be under the necessity of taking the cargo of any trading vessel or vessels, in which case they may stop the said vessel or vessels, and furnish themselves with necessaries, giving a receipt, in order that the power to whom the said ship of war belongs, may pay for the articles so taken, according to the price thereof, at the port to which they may appear to have been destined by the ship's papers: and the two contracting partie engage, that the vesipls shag plot be detapneq longer than may be absolutel necessar for their said s ips to supp yt emse ves with necessaries: That they ilvill immediately pay the yallue of the receipts, and indemnify the proprietor for all losses whic e may have sustained in consequence of such transaction. ARTICLE XVII. gsguimms To the end, that all manner of dissentions and quarrels may be X¤¤D¢<=\i¤g NSS- avoided and prevented on one side and the other, it is agreed, that in f;:$,;“d "°" case either of the parties hereto,'should be engaged in a war, the ships and vessels belonging to the subjects or people of the other party must be furnished with sca-letters or passports, expressing the name, property, and bulk of the ship, as also the name and lace of habitation of the master or commander of the said ship, that itpmay appear thereby, that th: slhip really amid pply begongs to the subjects of one of the parties, w ic passport s al e ma e out and ranted accordin to the form annexed to this treaty. They shall ldrewise be recallgd every year, that is, if the ship happens to return home within the space of a year. It is likewise agreed, that such ships being laden, are to be provided not only withlpassports as above mentioned, but also with certificates, containing the several particulars of the carvro, the lace whence the ship sailed, that so it may be known whether lany forbidden or contraband goods be on board the same : which certificates shall be made out by the officers of the place whence the ship sailed in the accustomed form: And if any one shall think it tit or advisable to express in the said certificates, the person to whom the goods on board belong, he may freely do so: Without which requisites they may be sent to one of the ports of the other contracting party, and adjudged by the competent tribunal, according to what is above set forth, that all the circumstances of this omission having been well examined, they shall be adjudged to pe legal prizes, unlpss they sgiall give legal satisfaction of their property y testimony entire y equiva ent. ARTICLE XVIII. Vessels stan If the ships of the said subjects, people, or inhabitants, of either of of “.u,,_ high seas, by any ship of war of the other, or by any privateer, the said ship of war or privateer for the avoiding of any disorder, shall remain out of cannon shot, and may send their boats a-board the merchant ship, which they shall so meet with, and may enter her to number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passports, concerning the property of the ship,
 * _¥)¤;lf;;>¤:°P:;;S the parties, shall be inet with, either sailing along the coasts or on the