the said Vessels cannot in any Case be deemed a sufficient 'Cause for Detention: And Whereas by the Second Article of the said Instructions it is provided, that whenever a Ship of ' either of the Royal Navies, so commissioned, shall meet a Merchantman liable to be searched, it shall be done in the mildest • Manner, and with every Attention which is due between allied and friendly Nations; and in no Case shall the Search be made by an Officer holding a Rank inferior to that of Lieutenant of the Navy And Whereas by the Third Article of the said In'structions it is provided, that the Ships of either of the Royal Navies, so commissioned, which may detain any Merchant Ship ' in pursuance of the Tenor of the present Instructions, shall leave " on board all the Cargo as well as the Master and a Part at least of the Crew of the above-mentioned Ship; and that the Captor 'shall draw up in Writing an authentic Declaration, which shall exhibit the State in which he found the detained Ship, and the Changes which may have taken place in it, and that he shall deliver to the Master of the detained Ship a signed Certificate of the Papers seized on board the said Vessel, as well as of the Number of Slaves found on board at the Moment of Detention, and that the Negroes shall not be disembarked till after the Vessels which contain them shall be arrived at the Place where the Legality of the Capture is to be tried; but that, however, if urgent Motives, deduced from the Length of the Voyage, the State of Health of the Negroes, or other Causes, require that they should be disembarked entirely, or in part, the Commander of the capturing Ship may take on himself the Responsibility of such Disembarkation, provided that the Necessity be stated in a Certificate in proper Form: And Whereas, by the First Article ' of the Regulations for the Mixed Courts of Justice, and which • Regulations are annexed to the said Treaty, and form an integral Part thereof, it is provided, that the said Mixed Courts of Justice to be established by the said Treaty are appointed to 'decide upon the Legality of the Detention of such Vessels as the Cruizers of both Nations shall detain in pursuance of the 'said Treaty; and that the above-mentioned Courts shall judge definitively and without Appeal, according to the said Treaty; and that the Proceeding shall take place as summarily as possible; ' and the said Courts are required to decide (as far as they shall 'find it practicable) within the Space of Twenty Days, to be ' dated from that in which every detained Vessel shall have been brought into the Port where they shall reside, First, upon the Legality of the Capture; Secondly, in the Cases in which the 'captured Vessel shall have been liberated, as to the Indemnifi'cation which the said Vessel is to receive; and that in no Case 'shall the final Sentence be delayed on account of the Absence ' of Witnesses, or for Want of other Proofs, beyond the Period of Two Months, except upon the Application of any of the Parties interested, when, upon their giving satisfactory Security to 'charge themselves with the Expence and Risks of the Delay, the Courts may at their Discretion grant an additional Delay; not exceeding Four Months: And Whereas by the Second Article of the said Regulations it is provided, that each of the ' said Mixed Courts shall be composed in the following Manner; 'that that is to say, His Majesty and His Majesty the King of Sweden and Norway shall each of them name a Judge and an Arbiter, who shall be authorized to hear and decide without Appeal all ⚫ Cases of Capture of Vessels, which in pursuance of the Stipulations of the said Treaty shall be brought before them; and that all the essential Parts of the Proceedings carried on before the said Mixed Courts shall be written down either in English or in Swedish or Norwegian; and that the Judges and the Arbiters shall make Oath to judge fairly and faithfully, to have no Preference either for the Claimants or the Captors, and to act in all their Decisions in pursuance of the Stipulations of the said Treaty; and that there shall be attached to each Court ⚫ when assembled a Secretary or Registrar, who shall register all ⚫its Acts, and who, previous to his taking Charge of his Post, shall ⚫ make Oath before the Court to conduct himself with Respect for their Authority, and to act with Fidelity in all the Affairs which may belong to his Charge; and that in the Case contemplated by the Fourth Article of the said Treaty the perma'nent or temporary Salaries of the Members of the Mixed Courts shall be paid by their respective Sovereigns, those of the Secretary or Registrar of the Court to be established on the "Coast of Africa shall be paid by His Britannic Majesty, and those of the Secretary of the Court to be established in the West Indies by His Majesty the King of Sweden and Norway: And Whereas, in regard to the incidental Expences of the said Courts, it is by the said Second Article of the said Regulation provided, that each Government shall defray the Half, and that the Expences carried to Account by the Officer charged with the Reception and Care of the detained Ships, as well as with the Execution of the Sentence (Marshal of the Court), and any ⚫ other Disbursement occasioned by the bringing a Vessel to Judgment, shall be defrayed from the Funds arising from the Sale of the Vessel, in case of Condemnation, and by the Captor if the detained Vessel should be released: And Whereas by the • Third Article of the said Regulations it is provided, that the Form of the Process shall be as follows; that is to say, the Judges of the Two Nations shall in the first Place proceed to the Examination of the Papers of the Vessel, and to receive the Depositions of the Captain, who, if he should so wish, shall be 'allowed to employ Counsel to conduct his Defence, and of Two or Three at least of the principal Individuals on board of the ⚫ detained Vessel, as well as the Declaration on Oath of the Captor, should it appear necessary in order to be enabled to judge and to pronounce whether the said Vessel has been justly detained or not, according to the Stipulations of the said Treaty, and in order that according to the said Judgment it may be ⚫ condemned or liberated; and in the Event of the Two Judges ⚫ not agreeing in the Sentence they ought to pronounce, whether as to the Legality of the Detention or the Indemnification to be allowed, or any other Question which might result from the Stipulations of the said Treaty, they shall draw by Lot the Naine of One of the Two Arbiters, who, after having considered the Documents of the Process, shall consult with the above⚫ mentioned Judges on the Case in Question, and the final Sen • tence tence shall be pronounced conformably to the Opinion of the Majority of the above-mentioned Judges and of the above-mentioned Arbiter: And Whereas by the Fourth Article of the said Regulations it is provided, that in the authenticated Declaration which the Captor shall make before the Court, as well as in the • Certificate of the Papers seized, which shall be delivered to the Captain of the captured Vessel at the Time of Detention, the above-mentioned Captor shall be bound to declare his Name and the Name of his Vessel, as well as the Latitude and Longitude of the Place where the Detention shall have taken place, ' and the Number of Slaves found on board of the Ship at the Time of the Detention: And Whereas by a Fifth Article of the " said Regulations it is provided, that as soon as Sentence shall have been pronounced which shall be duly founded, the detained Vessel, if liberated, and the Cargo in the State in which it shall then be found, shall be restored to the Master or the Person 'who represents him, who may before the same Court claim a Valuation of the Damages which they may have a Right to demand, and that the Captor himself, and in his Default his 'Government, shall remain responsible for the above-mentioned Damages: And whereas by the said Fifth Article of the said Regulations, His Majesty and His Majesty the King of Sweden and Norway bind themselves to pay within the Term of a Year from the Date of the Sentence the Costs and Damages which 'may be granted by the above-named Court, it being understood that such Costs and Damages shall be at the Expence of the Power of which the Captor shall be a Subject: And Whereas by the Sixth Article of the said Regulations it is provided, that in case of the Condemnation of a Vessel, she shall be declared • lawful Prize, as well as her Cargo, of whatever Description it may be, with the Exception of the Slaves who may be on board as Objects of Commerce; and that the said Vessel, as well as her Cargo, shall be sold by public Sale for the Profit of the Two Governments; and as to the Slaves, they shall receive from the Mixed Courts a Certificate of Emancipation, and shall be delivered over to the Government to which the Captor belongs, 'to be employed as Servants or free Labourers; and each of the Two Governments binds itself to guarantee the Liberty of such Portion of these Individuals as shall be respectively consigned to it: And Whereas it is thereby also provided, that the Expences for supporting the Slaves between the Time of their Capture and the Condemnation shall be levied on the Fund arising from the Sale of the condemned Vessel, but afterwards 'those Expences shall be charged to the Government of the Country which is to enjoy the Advantage of their Labour; and that the Charges incurred for the Support and the Return of the Crew of the condemned Vessels shall be defrayed by the 'Government of which they are the Subjects: And Whereas by the Seventh Article of the said Regulations it is provided, that the Mixed Courts shall also take Cognizance and decide according to the Third Article of this Regulation, on all Claims for Compensation on account of Losses occasioned to Vessels detained under Suspicion of having been engaged in the Slave Trade, but which shall not have been condemned as legal Prize by the said Courts; and in all Cases wherein Restitution shall have been decreed, the Court shall award to the Claimant or Claimants, his or their lawful Attorney or Attornies, for his or their Use, a just and complete Indemnification for all Costs of Suit, and for all Losses and Damages which the Claimant or Claimants may have actually sustained by such Capture and Detention; that is to say, Firstly, In case of Total Loss, the Claimant or Claimants shall be indemnified (a.) For the Ship, her Tackle, Apparel, and Stores. (c.) For the Value of the Cargo of Merchandize, if any, (d.) For all other Regular Charges, in such Cases of Total • Loss. And, Secondly-In all other Cases, not of Total Loss, the Claimant or Claimants shall be indemnified. (a.) For all Special Damages and Expences occasioned to the Ship by the Detention, and for Loss of Freight, when due or payable. (b.) A Demurrage when due, according to the Schedule 'annexed to the present Article. (c.) For any Deterioration of Cargo. (d.) An Allowance of Five per Cent. on the Amount of the Capital employed for the Purchase of Cargo, for 'the Period of Delay occasioned by the Detention; ' and, (e.) For all Premium of Insurance on additional Risks. And Whereas it is also thereby agreed, that the Claimant or Claimants shall in all Cases be entitled to Interest at the Rate ' of Five per Centum per Annum on the Sum awarded, until paid by the Government to which the capturing Ship belongs, the 'whole Amount of such Indemnification being calculated in the Money of the Country to which the captured Ship belongs, and to be liquidated at the Exchange current at the Time of the Award: And Whereas, in order to avoid as much as possible ' every Species of Fraud in the Execution of the said Treaty, His Majesty and His Majesty the King of Sweden and Norway have, by the said Seventh Article of the said Regulations, also agreed, that if it should be proved in a Manner evident to the Conviction of the Judges of the Two Nations, and without having Recourse to the Decision of an Arbiter, that the Captor had been led into Error by a voluntary and reprehensible Fault on the Part of the Captain of the detained Ship, in that Case only the detained Ship shall not have the Right of receiving during the Days of her Detention the Demurrage stipulated by the said Article: And Whereas to the said Seventh Article of the 'said Regulation is affixed the following, being A SCHEDULE of DEMURRAGE or Daily Allowance for a Vessel. Ships of War duly authorized may seize Swe dish Vessels acting contrary to the said Treaty, except in certain Seas. British Vessels trading in Slaves subject to Seizure by British or Swe. dish Vessels, and to Condemnation by the Judges appointed according to the Treaty. 251 10 per Diem, 11 per Diem, 12 per Diem, 14 per Diem, 15 per Diem, and so on in Proportion: And Whereas it is by the Eighth Article of the said Regulations provided, that neither the Judges nor the Arbiters nor the Secretary of the Mixed Court shall ⚫ be permitted to demand or receive, from any of the Parties con'cerned in the Sentences which they shall pronounce, any Emolu· ment, under any Pretext whatsoever, for the Performance of the Duties which are imposed upon them by the said Regulations: 'And Whereas it is by the Ninth Article of the said Regulations agreed by His Majesty and His Majesty the King of Sweden and Norway, that in the Event of the Death, Sickness, Absence on Leave, or any other legal Impeachment of One or more of the Judges or Arbiters composing the Mixed Courts mentioned in the Fourth Article of the said Treaty, the remaining Individuals shall proceed, without Interruption, to the Judgment of the Ships 'that may be brought before them, and to the Execution of their Sentence: And Whereas by the Ninth Article it is agreed, that the said Treaty shall be ratified, and the Ratification thereof exchanged within Six Weeks from the Day of Signature, or sooner if possible, and the same has been done accordingly: And < Whereas it is expedient and necessary that effectual Provision should be made for carrying into Execution the Provisions of the said Treaty;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be lawful for any Officers commanding any Ship of War of His Majesty duly authorized in that Behalf, and provided with Instructions according to the Provisions of the said Treaty, to visit and detain in any Seas, except in the Seas exempted in the Third Article of the said Treaty, all Ships and Vessels belonging wholly or in Part to any Subject or Subjects of His Majesty the King of Sweden and Norway, which shall be suspected, upon reasonable Grounds, of being concerned in the Traffic of Slaves contrary to the Provisions of the said Treaty before recited, and to detain and bring to Adjudication all Ships, Vessels, and Cargoes by the said Treaty made subject to Detention and Condemnation, according to the Provisions of the said Treaty, and the Instructions and Regulations aforesaid. II. And be it further enacted, That all Ships and Vessels, belonging wholly or in part to any Subject or Subjects of His Majesty, which shall be suspected, upon reasonable Grounds, of being concerned in the Traffic of Slaves contrary to the Provisions of the said Treaty, shall be and are hereby declared and made, according to the said Treaty, Instructions, and Regulations aforesaid, subject to the Visitations of British or Swedish Vessels of War, duly authorized for that Purpose according to the Provisions of the said Treaty before recited; and that all Ships and Vessels, belonging wholly or in part to any Subject or Subjects of His Majesty, |