thousand eight hundred and forty, that the preceding Instructions, consisting of four Articles, shall be annexed to the said Treaty, and be considered as an integral part thereof. The twenty-fifth day of September, of one thousand eight hundred and forty. (L.S.) (L.S.) BELFORD HINTON WILSON. ANNEX B, to the Treaty between Great Britain and the Republic of Bolivia, for the abolition of the Slave Trade of the Republic of Bolivia. Regulations for the Mixed Courts of Justice which are to reside on the coast of Africa, and in the possessions of the Republic of Bolivia. ARTICLE I. The Mixed Courts of Justice to be established under the provisions of the Treaty, of which these Regulations are declared to be an integral part, shall be composed in the following manner. Each of the two High Contracting Parties shall name a judge and an arbitrator, who shall be authorized to hear, and to decide without appeal, all cases of the capture or detention of vessels which, in pursuance of the stipulations of the aforesaid Treaty, shall be brought before them. The judges and the arbitrators shall, before entering upon the duties of their office, respectively make oath before the principal magistrate of the places in which such Courts respectively shall reside, that they will judge fairly and faithfully; that they will have no preference, either for the claimants or the captors; and that they will act in all their decisions, in pursuance of the stipulations of the aforesaid Treaty. There shall be attached to each of such Courts a secretary or registrar, who shall be appointed by the Government of the country within the territories of which such Court shall reside. Such secretary or registrar shall register all the acts of such Court, and shall, before he enters upon his office, make oath before the Court to which he is appointed, that he will conduct himself with due respect for its authority, and will act with fidelity and impartiality in all matters relating to his said office. The salary of the secretary or registrar of the Court to be established on the coast of Africa, shall be paid by Her Britannic Majesty; and that of the secretary or registrar of the Court to be established in the possessions of the Republic of Bolivia, shall be paid by the Government of the Republic of Bolivia. Each of the Governments shall defray half of the aggregate amount of the incidental expenses of such Courts. Article II. The expenses incurred by the officer charged with the reception, maintenance, and care of the detained vessel, Slaves, and cargo, and with the execution of the sentence; and all disbursements occasioned by bringing a vessel to adjudication; shall, in case of condemnation, be defrayed from the funds arising from the sale of the materials of the broken-up vessel, of the ship's stores, and of such parts of the cargo as shall consist of merchandize; and in case the proceeds arising from this sale should not prove sufficient to defray such expenses, the deficiency shall be made good by the Government of the country, within whose territories the adjudication shall have taken place. If the detained vessel shall be released, the expenses occasioned by bringing her to adjudication shall be defrayed by the captor, excepting in the cases specified, and otherwise provided for, under Article X of the Treaty to which these Regulations form an Annex, and under Article VII of these Regulations. Article III. The Mixed Courts of Justice are to decide upon the legality of the detention of such vessels, as the cruizers of either nation shall, in pursuance of the said Treaty, detain. These Courts shall judge definitively and without appeal, all questions which shall arise out of the capture and detention of such vessels. The proceedings of these Courts shall take place with as little delay as possible; and for this purpose, the Courts are required to decide each case, as far as may be practicable, within the space of twenty days, to be dated from the day on which the detained vessel shall have been brought into the port where the deciding Court shall reside. The final sentence shall not, in any case, be delayed beyond the period of two months, either on account of the absence of witnesses, or for any other cause; except upon the application of any of the parties interested, in which case, upon such party or parties giving satisfactory security that they will take upon themselves the expense and risks of the delay, the Courts may, at their discretion, grant an additional delay, not exceeding four months. Either party shall be allowed to employ such counsel as he may think fit, to assist him in the conduct of his cause. All the essential parts of the proceedings of the said Courts shall be written down in the language of the country in which the Courts shall respectively reside. Article IV. The form of the process shall be as follows: The judges appointed by the two nations respectively, shall, in the first place, proceed to examine the papers of the detained vessel, and to take the depositions of the master or commander, and of two or three, at least, of the principal individuals on board such vessel; as well as the declaration, on oath, of the eaptor, should such declaration appear necessary to enable them to judge and to pronounce whether the said vessel has been justly detained or not, according to the stipulations of the aforesaid Treaty; so that, according to the judgment pronounced, the vessel may be condemned or released. In the event of the two judges not agreeing as to the sentence which they ought to pronounce in any case brought before them, either with respect to the legality of the detention, the liability of the vessel to condemnation, or the compensation to be allowed, or as to any other question which may arise out of the said capture; or if any difference of opinion should arise between them as to the mode of proceeding in the said Court, they shall draw by lot the name of one of the two arbitrators appointed as aforesaid, which arbitrator, after having considered the proceedings which have taken place, shall consult with the two abovementioned judges, and the final sentence or decision shall be pronounced conformably to the opinion of the majority of the three. Article V. If the detained vessel shall be restored by the sentence of the Court, the vessel and the cargo, in the state in which they shall then be found, shall forthwith be given up to the master, or to the person who represents him; and such master or other person may, before the same Court, claim to have a valuation made in order to ascertain the amount of the damages to which he shall be entitled. The captor himself, and in his default, his Government, shall remain responsible for the damages which may definitively be pronounced to be due to the master of such vessel, or to the owners of the vessel, or of her cargo. The two High Contracting Parties bind themselves to pay, within the term of a year from the date of the sentence, the costs and damages which may be awarded by the above-named Court; it being mutually understood and agreed, that such costs and damages shall be made good by the Government of the country of which the captor shall be a subject or citizen. Article VI. If the detained vessel shall be condemned, she shall be declared lawful prize, together with her cargo, of whatever description it may be, with the exception of the Slaves who shall have been brought on board for the purposes of commerce; and the said vessel, in conformity with the regulations in Article XI of the Treaty of this date, shall, as well as her cargo, be sold by public sale, for the profit of the two Governments, subject to the payment of the expenses hereinbefore mentioned. The Slaves shall receive from the Court a certificate of emancipation; and shall be delivered over to the Government to whom belongs the cruizer which made the capture; to be dealt with according to the regulations and conditions contained in the Annex to this Treaty, sub literá C. The charges incurred for the support and for the return voyage of the commanders and crews of condemned vessels, shall be defrayed by the Government of which such commanders and crews are the subjects or citizens. Article VII. The Mixed Courts of Justice shall also take cognizance of, and shall decide definitively and with out appeal, all claims for compensation on account of losses occasioned to vessels and cargoes detained under the provisions of this Treaty, but which shall not have been condemned as legal prize by the said Courts; and in all cases wherein restitution of such vessels and cargoes shall be decreed, (save as mentioned in Article X of the Treaty to which these Regulations form an Annex, and in a subsequent part of these Regulations,) the Court shall award to the claimant or claimants, or to 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 owner or owners may have actually sustained by such capture and detention, that is to say: 1. In case of total loss, the claimant or claimants shall be indemnified ; A. For the ship, her tackle, equipment, and stores. C. For the value of the cargo of merchandize, if any, deducting all charges and expenses payable upon the sale of such cargo, including commission of sale. D. For all other regular charges in such case of total loss. 2. In all other cases not of total loss, save as hereinafter mentioned, 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, 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. Further, the claimant or claimants shall be entitled to interest, at the rate of 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 paid at the rate of exchange current at the time of the award. |