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THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1863.
But each of the two High Contracting Parties reserves to itself the right of changing, at its plea- the place of residence of the Court or Courts held within its own territories. sure,
These Courts shall judge the causes submitted to them according to the provisions of the present Treaty, and according to the Regulations and Instructions which are annexed to the present Treaty, and which are considered an integral part thereof; and there shall be no appeal from their decision.
ARTICLE V.
In case the commanding officer of any of the ships of the navies of either country, duly comunis- sioned according to the provisions of the First Article of this Treaty, shall deviate in any respect from the stipulations of the said Treaty, or from the Instructions annexed to it, the Government which shall conceive itself to be wronged thereby shall be entitled to demand reparation; and in such case the Government to which such commanding officer may belong, binds itself to cause inquiry to be made into the subject of the complaint, and to inflict upon the said officer a punishment proportioned to any wilful transgression which he may be proved to have committed.
ARTICLE VI.
It is hereby further mutually agreed, that every British or American merchant-vessel which shall be searched by virtue of the present Treaty, may lawfully be detained and sent or brought before the Mixed Courts of Justice established in pursuance of the provisions thereof, if in her equipment there shall be found any of the things hereinafter mentioned, namely:--
1st. Hatches with open gratings, instead of the close hatches which are usual in merchant-vessels. 2nd. Divisions or bulk-heads in the hold or on deck, in greater number than are necessary for vessels engaged in lawful trade.
3rd. Spare plank, fitted for laying down as a second or slave deck.
4th. Shackles, bolts, or handcuffs.
5th. A larger quantity of water in casks or in tanks than is requisite for the consumption of the crew of the vessel as a merchant-vessel.
6th. An extraordinary number of water-casks, or of other vessels for holding liquid; unless the master shall produce a certificate from the Custom-house at the place from which he cleared outwards, stating that a sufficient security had been given by the owners of such vessel that such extra quantity of casks, or of other vessels, should be used only to hold palm oil, or for other purposes of lawful
commerce.
7th. A greater number of mess-tubs or kids than requisite for the use of the crew of the vessel as a merchant-vessel.
8th. A boiler, or other cooking apparatus, of an unusual size, and larger or capable of being made larger, than requisite for the use of the crew of the vessel as a merchant-vessel; or more than one boiler, or other cooking apparatus, of the ordinary size.
9th. An extraordinary quantity of rice, of the flour of Brazil, of manioc or cassada, commonly called farinha, of maize, or of Indian corn, or of any other article of food whatever, beyond the proba- ble wants of the crew; unless such rice, flour, farinha, maize, Indian corn, or other article of food, be entered on the manifest as part of the cargo for trade.
10th. A quantity of mats or matting greater than is necessary for the use of the crew of the vessel as a merchant-vessel; unless such mats or matting be entered on the manifest as part of the cargo for trade.
If it be proved that any one or more of the articles above specified is or are on board, or have been on board during the voyage in which the vessel was captured, that fact shall be considered as primâ facie evidence that the vessel was employed in the African Slave Trade, and she shall in consequence be condemned and declared lawful prize; unless the master or owners shall furnish clear and incontro vertible evidence, proving to the satisfaction of the Mixed Court of Justice, that at the time of her detention or capture the vessel was employed in a lawful undertaking, and that such of the different articles above specified as were found on board at the time of detention, or as may have been embarked during the voyage on which she was engaged when captured, were indispensable for the lawful object of her voyage.
ARTICLE VII.
If any one of the articles specified in the preceding Article as grounds for condemnation should- be found on board a merchant-vessel, or should be proved to have been on board of her during the voyage on which she was captured, no compensation for losses, damages, or expenses consequent upon the detention of such vessel shall in any case be granted either to the master, the owner, or any other person interested in the equipment or in the lading, even though she should not be condemned by the Mixed Court of Justice.
ARTICLE VIII.
It is agreed between the two High Contracting Parties, that in all cases in which a vessel shall be detained under this Treaty, by their respective cruizers, as having been engaged in the African Slave
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