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the city of Gibraltar; of ten weeks in the Mediterranean fea; and of eight months in any other country or place in the world; fo that the goods of the fubjects of either prince, whether they be contraband, or otherwife, which, as a forefaid, were put on board any fhip belonging to an enemy before the war, or after the declaration of the fame, within the time and limits above mentioned, fhall no ways be liable to confifcation, but fhall well and truly be restored, without delay, to the proprietors demanding the fame; provided neverthelefs that, if the faid merchandizes be contraband, it shall not be any ways lawful to carry them after wards to the ports belonging to the

enemy.

Art.XXX. And that more abundant care may be taken for the fecurity of the refpective fubjects of their moft ferene majefties, to prevent their fuffering any injury by the men of war or privateers of either party, all the commanders of the fhips of the king of Great Britain, and of the most Chriftian king, and all their fubjects, fhall be forbid doing any damage to thofe of the other party, or committing any outrage against them; and if they act to the contrary they fhall be punished, and fhall moreover be bound, in their perfons and eftates, to make fatisfaction and reparation for all damages, and the intereft thereof, of what nature foever.

Art. XXXI. For this caufe, all commanders of privateers, before they receive their patents or fpecial commiffions, fhall hereafter be obliged to give, before a competent judge, fufficient fecurity by good bail, who are refponfible men, and have no intereft in the faid fhip, each of whom fhall be bound in the whole for the fum of

thirty-fix thousand livres Tournois, or fifteen hundred pounds flerling; or if fuch fhip be provided with above one hundred and fifty feamen or foldiers, for the fum of feventytwo thoufand livres Tournois, or three thoufand pounds fterling, that they will make entire fatisfaction for all damages and injuries whatfover, which they, or their officers, or others in their fervice, may commit during their cruize, contrary to the tenor of this present treaty, or the edicts made in confequence thereof by their most serene majesties, under penalty likewife of having their patents and special commiffions revoked and annulled.

Art. XXXII. Their faid majefties being willing mutually to treat in their dominions the fubjects of each other as favourably as if they were their own fubjects, will give fuch orders as fhall be neceflary and effectual, that the judgments and decrees concerning prizes in the courts of admiralty be given conformably to the rules of justice and equity, and to the ftipulations of this treaty, by judges who are above all fufpicion, and who have no manner of interest in the cause in difpute.

Art. XXXIII. And when the quality of the fhip, goods, and mafter, fhall fufficiently appear, from fuch paffports and certificates, it fhall not be lawful for the commanders of men of war to exact any further proof under any pretext whatfoever. But if any merchant ship fhall not be provided with fuch paffports or certificates, then it may be examined by a proper judge, but in fuch manner as, if it fhall be found, from other proofs and documents, that it truly belongs to the fubjects of one of the fovereigns, and does not contain any contra

band goods, defigned to be carried to the enemy of the other, it fhall not be liable to confifcation, but fhall be released, together with its cargo, in order to proceed on its voyage.

If the mafter of the fhip named in the paffports fhould happen to die, or be removed by any other caufe, and another put in his place, the fhips and goods laden thereon fhail nevertheless be equally fecure, and the paffports fhall remain in full force.

Art. XXXIV. It is further provided and agreed, that the fhips of either of the two nations, retaken by the privateers of the other, fhall be reftored to the former owner, if they have not been in the power of the enemy for the fpace of four and twenty hours, fubject to the payment, by the faid owner, of one third of the value of the fhip retaken, and of its cargo, guns, and apparel; which third part fhall be amicably adjusted by the parties concerned but if not, and in cafe they should difagree, they fhall make application to the officers of the admiralty of the place where the privateer which retook the captured veffel fhall have carried her.

If the hip retaken has been in the power of the enemy above four and twenty hours, fhe fhall wholly belong to the privatecr which re

took her.

In cafe of a fhip being retaken by any man of war belonging to his Britannic majefty, or to his moft Christian majefty, it fhall be restored to the former owner, on payment of the thirtieth part of the value of fuch fhip, and of its cargo, guns, and apparel, if it was retaken within the four and twenty hours, and the tenth part if it was retaken after the four and twenty

hours; which fums fhall be difirlbuted, as a reward, amongst the crews of the fhips which fhall have retaken fuch prize. The valuation of the thirtieth and tenth parts above mentioned fhall be fettled conformably to the regulations in the beginning of this article.

Art. XXXV. Whenfoever the ambaffadors of either of their faid majefties, or other their ministers having a public character, and refiding at the court of the other prince, fhall complain of the injuftice of the fentences which have been given, their majefties fhall refpectively cause the fame to be revifed and re-examined in their councils, unless their councils should already have decided thereupon, that it may appear, with certainty, whether the directions and provifions prefcribed in this treaty have been followed and obferved. Their majefties firall likewife take care that this matter be effectually provided for, and that juftice be done to every complainant within the fpace of three months. However, before or after judgment given, and pending the revifion thereof, it fhall not be lawful to fell the goods in difpute, or to unlade them, unlefs with the confent of the perfons concerned, for preventing any kind of lofs; and laws fhall be enacted on both fides for the execution of the prefent article.

Art. XXXVI. If any differences fhall arife refpecting the legality of prizes, fo that a judicial decifion fhould become neceffary, the judge hall direct the effects to be unladen, an inventory and appraisement to be made thereof, and fecurity to be required refpectively from the captor for paying the cofts, in cafe the fhip fhould not be declared lawful prize; and from the claimant for paying the value

of

of the prize, in cafe it should be declared lawful; which fecurities being given by both parties, the prize fhall be delivered up to the claimant. But if the claimant fhould refufe to give fufficient fecurity, the judge fhall direct the prize to be delivered to the captor, after having received from him good and fufficient fecurity for paying the full value of the faid prize, in cafe it fhould be adjudged illegal. Nor fhall the execution of the fentence of the judge be fufpended by reafon of any appeal, when the party against whom fuch appeal thall be brought, whether claimant or captor, fhall have given fufficient fecurity for reftoring the fhip or effects, or the value of fuch hip or effects, to the appellant, in cafe judgment fhould be given in his favour.

Art. XXXVII. In cafe any fhips of war or merchantmen, forced by ftorms or other accidents, be driven on rocks or fhelves, on the coafts of either of the high contracting parties, and fhould there be dathed to pieces and shipwrecked; all fuch parts of the faid fhips, or of the furniture or apparel thereof, as alfo of the goods and merchandizes as fhall be faved, or the produce thereof, shall be faithfully restored, upon the fame being claimed by the proprietors, or their factors, duly authorized, paying only the expences incurred in the prefervation thereof, according to the rate of falvage fettled on both fides; faving at the fame time the rights and cuftoms of each nation, the abolition or modification of which fhall however be treated upon, in the cafes where they fhall be contrary to the ftipulations of the prefent article; and their majeft es will mutually interpofe their anthority, that fuch of their fubjects,

as fhall be fo inhuman as to take advantage of any fuch misfortune, may be feverely punished.

Art. XXXVIII. It fhall be free for the fubjects of each party to employ fuch advocates, attornies, notaries, folicitors and factors as they fhall think fit; to which end the faid advocates and others above mentioned, fhall be appointed by the ordinary judges, if it be needful, and the judges be thereunto required.

Art. XXXIX. And for the greater fecurity and liberty of commerce and navigation, it is further agreed, that both the king of Great Bri tain, and the most Christian king, fhall not only refufe to receive any pirates or fea-rovers what oever in to any of their havens, ports, cities, or towns, or permit any of their fubjects, citizens, or inhabitants, on either part, to receive or protect them in their ports, to harbour them in their houfes, or to affift them in any manner whatfoever; but further they shall cause all fuch pirates and fea-rovers, and all perions who fhall receive, conceal, or allit them, to be brought to condign. punishment, for a terror and example to others. And all their fhips, with the goods or merchandizes taken by them, and brought into the ports of either kingdom, fhall be feized as far as they can be difcovered, and fhall be restored to the owners, or their factors duly authorized or deputed by them in writing, proper evidence being fir given in the court of admiralty, for proving the property, even in cafe fuch effects fhould have paffed into other hands by fale, if it be proved that the buyers knew, or might have known, that they had been piratically taken. nerally all fhips and merchandizes, of what nature foever, which may

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Art. XL. It fhall be lawful, as well for the fhips of war of their majeftics, as for privateers belonging to their fubjects, to carry whitherfoever they pleafe, the hips and goods taken from their enem es, without being obliged to pay any fee to the officers of the ad niralty, or to any judges whatever; nor fhall the faid prizes, when they arrive at and enter the ports of their faid majesties, be deta ned or feized; neither shall the fe rchers, or other officers of tho e plac s, vilit or take cognizance of the validity of fuch prizes; but they fh ll be at liberty to hoift fail at any time, to depart, and to carry their prizes to the place mentioned in the commiffions ΟΙ patents, which the commanders of fuch fhips of war fhall be obliged to fhew: on the contrary, no fhelter or refuge fhall be given in their ports to fuch as have made prize upon the fubjects of either of their majeflies; but if forced by refs of weather, or the dangers of the fea. to enter therein, particular care fhall be taken to haften their departure, and to caufe them to retire from thence as foon as poffible, as far as it is not repugnant to former treaties made in this refpect with other fovereigns or ftates.

Art. XLI. Neither of their faid majefies fhall permit the fhips or goods belonging to the fubjects of the other to be taken within cannon fhot of the coaft, or in the ports or rivers of their dominions, by fhips of war, or others having

commiffion from any prince, res public, or city, whatfover: but in cafe it thould fo happen, both parties fhll employ their united force to obtain reparation of the damage thereby occafioned.

Art. XLII. But if it fhall appear that the captor made ufe of any kind of torture upon the mafter of the fhip, the crew, or others who fhall be on board any fhip belonging to the fobjects of the other party, in fuch cafe, not only the fhp itself, together with the perfons, merchandizes, and goods whatsoever, shall be forthwith released, without any delay, and fet entirely free, but alfo fuch as fhall be convicted of fo enormous a crime, together with their accomplices, fhall fuffer the moft fevere punishment fuitable to their offences: this the king of Great Britain and the moft Chriftian king mutually engage fhall be obferved, without any refpect of perfons whatsoever.

Art. XLIII.Their majefties fhall refpectively be at liberty, for the advantage of their fubjects trading to the kingdoms and dominions of either of them, to appoint therein national confuls, who fhall enjoy the right, immunity, and 1 berty belonging to them, by reason of their duties and their functions; and places hall hereafter be agreed upon where the faid confuls fhall be established, as well as the nature and extent of their functions. The convention relative to this point fhall be concluded immediately after the fignature of the present treaty, of which it fhall be deemed to conftitute a part.

Art. XLIV.Itis alfo agreed, that in whatever relates to the lading and unlading of fhips, the fafety of merchandize, goods, and effects, the fucceffion to perfonal eftates, as well as the protection of individuals, and their perfonal liberty, as

alfo

alfo the adminiftration of juftice, the fubjects of the two high contracting parties fhall enjoy in their refpective dominions, the fame privileges, liberties, and rights, as the molt favoured nation.

Art. XLV. If hereafter it fhall hap pen, through inadvertency or otherwife, that any infractions or contraventions of the prefent treaty fhould be committed on either fide, the friendship and good understanding fhall not immediately thereupon be interrupted; but this treaty fhall fubfift in all its force, and proper remedies fhall be procured for removing the inconveniencies, as likewife for the reparation of the contraventions: and if the fubjects of either kingdom fhall be found guilty thereof, they only fhall be punithed and feverely chaftifed.

Art. XLVI. His Britannic majefty and his most Chriftian majefty have referved the right of revifing and reexamining the feveral ftipulations of this treaty, after the term of twelve years, to be computed from the day of paffing laws, for its execution in Great Britain and Ireland refpectively, to propofe and make fuch alterations as the times and circumstances may have rendered proper or neceffary for the commercial interefts of their refpective fubjects and this revifion is to be completed in the pace of twelve months; after which term the prefent treaty fhall be of no effect, but in that event, the good harmony and friendly correfpondence between the two nations fhall not fuffer the leaft diminution.

Art. XLVII. The prefent treaty fhall be ratified and confirmed by his Britannic majesty and by his most Christian majefly, in two months, or fooner, if it can be done, after the exchange of fignatures between. the plenipotentiaries.

In witness whereof, we the un1786.

der-figned commiffaries and
plenipotentiaries of the king
of Great Britain and the moit
Christian king, have figned the
prefent treaty with our hands,
and have fet thereto the feals
of our arins.

Done at Verfailles the 26th of
September, 1785.

WM. EDEN. (L. S.)
GERARD DE RAYNEVAL. (L.S.)

FORM of the PASSPORTS and SeaLETTERS which are to be granted by the respective Admiralties of the Dominions of the two High Contracting Parties to the Ships and Vefels failing from thence, purfuant to the 24th article of the prefent treaty.

N. N. To all who fhall fee thefe prefents, greeting. Be it known that we have granted licence and permition to N. of the city (or place) of N. mafter or commander of the fhip N. belonging to N. of the port of N. burthen

tons, or thereabouts, now lying in the port or haven of N. to fail to N. laden with N. the fhip having been examined before her departure, in the ufual manner, by the officers of the place appointed for that purpose. And the faid N. or fuch other perfon as fhall happen to fucceed him, fhall produce this licence in every port or haven which he may enter with his fhip, to the officers of the place, and fhall give a true account to them of what fhall have paffed or happened during his voyage; and he fhall carry the colours, arms, and enfigus of N. during his voyage.

In witness whereof, we have fign

ed these prefents, and fet the
feal of our arms thereto, and
caufed the fame to be coun.
terligned by N. at
day of

in the year, &c. &c.

(G)

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