258
THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1863.
detaining cruizer may take upon himself the responsibility of abandoning or destroying her, provided the exact causes which made such a step imperatively necessary be stated in a certificate verified on oath. Such certificate shall be drawn up and formally executed in duplicate at the time.
In case of the abandonment or destruction of a detained vessel, the master and crew, together with the negroes and papers found on board, and one copy of the sworn certificate mentioned in the preceding paragraph of this Article, shall be sent and delivered to the proper Mixed Court of Justice at the earliest possible moment.
The undersigned Plenipotentiaries have agreed, in conforinity with the XIth Article of the Treaty signed by them on this day, that the present Instructions shall be annexed to the said Treaty, and be considered an integral part thereof.
Done at Washington, the seventh day of April, in the year of our Lord one thousand eight hundred and sixty-two.
(L.S.) (L.S.)
LYONS.
WILLIAM H. SEWARD.
Annex (B) to the Treaty between Great Britain and the United States of America, for the Abolition of the African Slave Trade, signed at Washington on the 7th day of April, 1862.
Regulations for the Mixed Courts of Justice.
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:-
The two High Contracting Parties shall each name a Judge and an Arbitrator, who shall be authorized to hear and to decide, without appeal, all cases of 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 they enter upon the duties of their Office, respec- tively make oath before the principal Magistrate of the place in which such Courts shall respectively reside, that they will judge fairly and faithfully; that they will have no preference either for claimant or for captor; 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 Party in whose territories such Court shall reside.
Such Secretary or Registrar shall register all the acts of the Court to which he is appointed; and shall, before he enters upon his office, make oath before the Court, that he will conduct himself with due respect for its authority, and will act with fidelity and impartiality in all matters relating to his office.
The salaries of the Judges and Arbitrators shall be paid by the Governments by whom they are appointed.
The salary of the Secretaries or Registrars of the two Courts to be established in the territories of Great Britain shall be paid by Her Britannic Majesty; and that of the Secretary or Registrar of the Court to be established in the territories of the United States shall be paid by the United States' Government.
Each of the two Governments shall defray half of the aggregate amount of the other expenses such Courts.
of
ARTICLE II.
The expenses incurred by the officer charged with the reception, maintenance, and care of the detained vessel, negroes, and cargo, and with the execution of the sentence, and all disbursements oc- casioned by bringing a vessel to adjudication, shall in case of condemnation, be defrayed from the funds arising out of the sale of the materials of the vessel, after the vessel shall have been broken ship's stores, and of such parts of the cargo as shall consist of merchandize. And in case the proceeds arising out of 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.
up,
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If the detained vessel shall be released, the expenses occasioned by bringing her to adjudication shall be defrayed by the captor, except in the cases specified and otherwise provided for under Article VII of the Treaty to which these Regulations for an Annex, and under Article VII of these Regulations