Page:United States Statutes at Large Volume 8.djvu/82

 70 TREATY WITH SWEDEN. 1783. vessels 0;,,,,,. subjects, shall be forbid to do any injury 012 damage to those of the other and pnvateers party, and if they act to the contrary, having been found guilty on ex- Jarjvy; if they tion for all damages and the interest thereof, and to make them gmd 5% 30 beipupi under pain and obligation of their persons and goods. ra e an m e reparation. ARTICLE XVI. For this cause, every individual who is desirous of fitting out a pri- H5£%,$°:“g;_ vateer, shall before he receives letters patent, or special commission, be mm,aa,1t,b°. obliged to give bond with uihcient suretnes, before a competent judge, fore he receives for a sufficient sum, to answer all damages and wrongs which the owner z,?;:';?;?;'; of the privateer, his officers or othersin his employ may commit dur-ing ,n,w,,,· an dam. the cruise, contrary to the tenor of this treaty, and contrary to the edicts ages. published by either party, whether by the King of Sweden or by the United States, in virtue of this same treaty, and also under the penalty of having the said letters patent and special commission revoked and made void. ARTICLE XVII. Une of the contracting parties being at war and the other remaining vggcigpguzvgdi peutclp, if it should happen that a merchant ship of the neutral power - e ta en by the enem of the other art and be afterwards retaken b tain cases tc be. y P y’ Y mrow; aship of war or privateer of the power at war, also ships and merchandizes oi what nature scever they may be, when recovered from a pirate or sea rover, shall be brought into a port of one of the two powers, and shall be committed to the custody of the officers of the said port, that they may be restored entire to the true proprietor as soon as he shall have produced full proof of the property. Merchants, masters and owners of ships, seamen, people of all sorts, ships and vessels, and in gerperalhallh merepanm and ettects of one of the allies or their subjec s, s not e s ct to any em argo nor detained in any of the js ·. . . » •, _ ,°v§°’°3em{$d· cciluntries, territories, islands, ctties, townb, ports, rivers, or domains w atever, of the other ally, on account of any military expedition, or any public or private purpose whatever, by seizure, by force, or by any such manner; much less shall it be lawful for the subjects of one of the parties to seize or take any thin b force from the b` t f th other party, without the consent cfg thd ownei. This holilvletlgii is hot td bedundergtolpd tp complrehend {seizures, detentions and arrests, made by or er an y the authorrty o justice and accordincr to the ord` coulplse for defbts pr faultsdof the subjebt, for which pribcess shall briniidd ln e way 0 rig t accor ing to the forms of justice. ARTICLE XVIII. Rezulutions in l If it should happen that the-two contracting parties should be engaged %‘;:°sl;j’g‘uH,“b° in a war at the same time with a common enemy the followin oiuts at war with u shall be 0l>SGl’V€d on both sides,, g P gppwmon ene· lst. If the ships of one of the two nations, re-taken by the privateers · of the other, have not been in the ower of the enem more h · P y t an twenty four hours, they shall be restored to the original owner, on payment of onetptrd of the value of the hip and cargo. Ii, on the contrary, the vesse retaken has been more than twenty-four hours in the power of thegncamy, it shall belong wholly to him who has retaken it. t k. bn case, during the interval of twenty-four hours, a vessel be reta trim yaman of war of either of the twolparties, it shall be restored vo an original owner, on payment of a thirtreth part of the value of the esse an cargo, and a tenth part of it has been retaken after the t t f h · - awen yitplur ours, which sums shall be distributed as a gratification mong e crew of the men of war that shall have made the reca ture. P
 * 3*51 $’e';3.;':_‘ arnination by their proper judges, they shall be bound to make satisfy;.