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<p>question which may arise out of any capture; or if any difference of opinion should arise between them, as to the mode of proceeding in the said Court ; they shall, in any such case, draw by lot the name of one of the two arbitrators appointed as is stated in Article I of this Annex; and the arbitrator whose name shall be so drawn shall, after he has considered the proceedings which have taken place, consult with the two above-mentioned judges, and the final sentence or decision shall be pronounced in conformity with 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 <b><a href="http://www.uggsusa-outlet.com/">Ugg Boots Clearance</a></b>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 aforesaid 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 a detained vessel shall be condemned, she shall be declared lawful prize, together with her cargo, whatever it may be, with the exception of the Slaves who shall have been found on board; and the said vessel, in conformity with the regulations in Article X 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. Each Slave 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, letter C. Article VII. The commander and the crew of a vessel condemned under this Treaty, and all persons found on board who shall have been accomplices in her Slave Trade undertaking, shall, on condemnation of the vessel, be sent as prisoners to the nearest settlement of the country of which they are subjects or citizens, and shall be there delivered over to the authorities of the place, to be tried according to the laws of their country for the offences which they have committed against those laws. The commander of the cruizer which made the capture of the vessel, shall, on the requisition of the members of the Mixed Courts of Justice, take charge of the commander, the crew, and accomplices on board of the captured vessel, and shall convey them and deliver them over as before mentioned. The charges incurred for the support and return voyage of the commander, the crew, and the accomplices thus sent as prisoners, shall be defrayed by the Government of which they are the subjects or citizens. Article VIII. The Mixed Courts of Justice shall also take cognizance of, and shall decide definitively and without appeal, all claims for compensation on account of losses occasioned to vessels and cargoes </p> |
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