APPENDIX TO CHRONICLE. 225 



said vessel, as well as her cargo, 

 shall be sold by public sale for 

 the profit of the two govern- 

 ments : and as to the slaves, they 

 shall receive from the mixed 

 commission a certificate of eman- 

 cipation, and shall be delivered 

 over to the government on whose 

 territory the commission, which 

 shall have so judged them, shall 

 be established, to be employed 

 as servants or free labourers. 

 Each of the two governments 

 binds itself to guarantee the 

 liberty of such portion of these 

 individuals as shall be respec- 

 tively consigned to it. 



Art. 8. Every claim for com- 

 pensation of losses occasioned to 

 ships suspected of can-ying on an 

 illicit trade in slaves, not con- 

 demned as lawful prize by the 

 mixed commissions, shall be also 

 heard and judged by the above- 

 named commissions, in the form 

 provided by the third article of 

 the present regulation. And in 

 all cases wherein restitution shall 

 be so decreed, the commission 

 shall award to the claimant or 

 claimants, or his or their lawful 

 attorney or attornies, for his or 

 their use, a just and complete 

 indemnification, for all costs of 

 suit, and for all losses and da- 

 mages which the claimant or 

 claimants may have actually 

 sustained by such capture and 

 detention ; that is to say, in case 

 of total loss, the claimant or 

 claimants shall be indemnified, 

 first for the ship, her tackle, 

 apparel, and stores ; secondly, 

 for all freight due and pay- 

 able ; tl rdly, for the value of the 

 cargo c ' merchandize, if any ; 

 fourthly, for the slaves on board 

 at the time of detention, accord- 



VOL. LX. 



ing to the computed value of 

 such slaves at the place of desti- 

 nation, deducting therefrom the 

 usual fair average mortality for 

 the unexpired period of the re- 

 gular voyage ; deducting also for 

 all charges and expenses payable 

 upon the sale of such cargoes, 

 including commission of sale ; 

 and fifthly, for all other regular 

 charges in such cases of total 

 loss ; and in all other cases not of 

 total loss, the claimant or clai- 

 mants shall be indemnified ; first, 

 for all special damages and ex- 

 penses occasioned to the ship by 

 the detention, and for loss of 

 freight when due or payable ; 

 secondlj' a demurrage, when due, 

 according to the schedule an- 

 nexed to the present article; 

 thirdly, a daily allowance for the 

 subsistence of slaves, of one 

 shilling or four reals and half de 

 Vn. for each person, without 

 distinction of sex or age, for so 

 many days as it shall appear to 

 the commission that the voyage 

 has been or may be delayed by 

 reason of such detention ; as like- 

 wise; fourthly, for any deteriora- 

 tion of cargo or slaves ; fifthly, 

 for any diminution in the value 

 of the cargo of slaves, proceed- 

 ing from an increased mortality 

 beyond the average amount of 

 the voyage, or from sickness 

 occasioned by detention; this 

 value to be ascertained by their 

 computed price at the place of 

 destination, as in the above case 

 of total loss; sixthly, an allow- 

 ance of five per cent on the 

 amount of the capital employed 

 in the purchase and maintenance 

 of cargo, for the period of delay 

 occasioned by the detention ; and 

 seventhly, for all premium of 

 Q insurance 



