260
THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1863.
as
have been detained under the provisions of this Treaty, but which shall not have been condemned legal prize by the said Courts; and in all cases wherein restitution of such vessels and cargoes shall be decreed, save as mentioned in the VIIth Article of the Treaty to which these regulations form an and in a subsequent part of these Regulations, the Court shall award to the claimant or claimants, or to Annex, his or their lawful attorney or attorneys, 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: and it is agreed that the indemnification shall be as follows:-
First. In case of total loss, the claimant or claimants shall be indemnified,-
(A.) For the ship, her tackle, equipment, and stores.
(B.) For all freights due and payable.
(c.) For the value of the cargo of merchandize, if any, deducting all charges and expenses which would have been payable upon the sale of such cargo, including commission of sale.
(D.) For all other regular charges in such case of total loss.
Secondly. In all other cases (save as hereinafter mentioned) not of total loss, 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 when due, 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.'
annum
The claimant or claimants shall be entitled to interest at the rate of 5 (five) per cent. on the sum awarded, until such sum is paid by the Government to which the capturing ship belongs.
per The whole amount of such indemnifications shall be calculated in the money of the country to which the detained vessel belongs, and shall be liquidated at the exchange current at the time of the award. The two High Contracting Parties, however, have agreed, that if it shall be proved to the satisfaction of the Judges of the two nations, and without having recourse to the decision of an Arbitrator, that the captor has been led into error by the fault of the master or commander of the detained vessel, the detained vessel, in that case, shall not have the right of receiving, for the time of her detention, the demurrage stipulated by the present Article, nor any other compensation for losses, damages, or ex- penses consequent upon such detention.
Schedule of demurrage, or daily allowance for a vessel of
100 tons to 120 inclusive, £5 per diem.
121
150
6 11
151
170
8
27
警
171
200
""
10
"
59
201
220
11
""
""
221
250
12
""
19
251
270
""
14
""
21
271
300
"
15
"?
and so on in proportion.
39
*
ARTICLE VIII.
Neither the Judges nor the Arbitrators, nor the Secretaries or Registrars of the Mixed Courts of Justice, shall demand or receive from any of the parties concerned in the cases which shall be brought before such Courts, any emolument or gift, under any pretext whatsoever, for the performance of the duties which such Judges, Arbitrators, and Secretaries or Registrars, have to perform.
ARTICLE IX.
The two High Contracting Parties have agreed that, in the event of the death, sickness, absence on leave, or any other legal impediment, of one or more of the Judges or Arbitrators composing the above-mentioned Courts respectively, the post of such Judge or Arbitrator shall be supplied, ad interim, in the following manner:
First. On the part of Her Britannic Majesty, and in those Courts which shall sit within the pos- sessions of Her said Majesty:-if the vacancy be that of the British Judge his place shall be filled by the British Arbitrator; and either in that case, or in case the vacancy be originally that of the British Arbitrator, the place of such Arbitrator shall be filled by the Governor or Lieutenant-Governor resident in such possession; in his unavoidable absence, by the principal Magistrate of the same; or in the un- avoidable absence of the principal Magistrate, by the Secretary of the Government; and the said Court, so constituted as above, shall sit, and in all cases brought before it for adjudication shall proceed to adjudge the same, and to pass sentence accordingly.
Secondly. On the part of Great Britain, and in that Court which shall sit within the territories of the United States of America :--if the vacancy be that of the British Judge, his place shall be filled by the British Arbitrator; and either in that case, or in case the vacancy be originally that of the
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