Page:United States Statutes at Large Volume 8.djvu/504

 .492 CONVENTION WITH PERU-BOLIVIA. 1836. shall again attempt to enter; but she shall be permitted to go to any Fm., 8am,, other port or place the master or supercargo shall think proper. Nor ¤l}<»w¤d m ¤er· shall any vessel of either party, that may have entered mto such port or mm "“°“‘ place, before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting it, with her cargo; nor, if found therein before or after the reduction and surrender, shall such vessel, or her cargo be liable to seizure, confiscation, or any demand on the score of redemption or restitution; but the owners thereof shall be allowed vessels not tt, to remain in the undisturbed possession of their property. And if any be permitted tv vessel, having thus entered the port before the blockade took place, shall g:1{"‘;',E;l; gn take on board a cargo after the blockade be established, and attempt to bog.; during depart, she shall be subject to being warned by the blockading forces to the blockade return to the port blockaded, and discharge the said cargo; and it, afte. receiving said warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences to which a vessel attempting to enter a blockaded port, after being warned olf by the blockading forces would be liable. ARTICLE XVII. Regulation or To prevent all kinds of disorder and irregularity in the visiting and visits ¤¢ ¤¤¤· examining of the ships and cargoes of both the contracting parties on the high seas, they have agreed, mutually, that whenever a vessel of war, public or private, shall meet with a neutral of the other contracting party, the first shall remain at the greatest distance compatible with the possibility and safety of making the visit, under the circumstances of wind and sea, and the degree of suspicion attending the vessel to be visited, and shall send one of her small boats, with no more men than those necessary to man it, for the purpose of executing the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill—treatment; in respect of which, the commanders of said armed vessels shall be responsible, with their persons and property; for which purpose, the commanders of said private armed vessels shall ,before receiving their commissions, give sufficient security to answer for all the injuries and damages they may commit. And it is expressly agreed, that the neutral party shall in no case be required to go on board the examining vessel, for the purpose of exhibiting the ship's papers, nor for any other purpose whatever. ARTICLE XVIII. In cw, of,,.,,,, To avoid all vexation and abuses in the examination of the papers vessels to he relating to the ownership of the vessels belonging to the citizens of the g;:‘m':;_;""l‘ contracting parties, they have agreed, and do agree, that, in case one ‘' of them should be engaged in war, the ships and vessels of the other must be furnished with sea-letters, or pass orts, expressing the name, property, and burden of the ship, as also time name and place of residence of the master or commander thereof, in order that it may thereby appear that the said ship really and truly belongs to the citizens of one of the parties. They have likewise agreed, that such ships, being laden, besides the said sea-letters or passports, shall be provided with certili— catos, containing the several particulars of the cargo, and the place whence the ship sailed; so that it may be known whether any contrahand or prohibited goods are on board of the same: which certilicates shall be made out by the officers of the place whence the ship sailed, in if not so pro- the accustomed form: without which requisites the said vessel may be
 * ,*l°g· nypf bg I detained, to be adjudged by the competent tribunals, and may be
 * gl:,,_g° rw n declared legal prize, unless the said defect shall be proved to be owing

to accident, or be satisfied or supplied by testimony entirely equivalent, in the opinion of said tribunals; to which ends, there shall be allowed a sufficient term of time {br its procurement.