262 ANNUAL REGISTER, 1818. 



found on board the said vessels 

 cannot in any case be deemed a 

 sufficient cause for detention. 



Art. 2. Whenever a ship of the 

 royal navy, so commissioned, shall 

 meet a merchantman liable to be 

 searched, it shall be done in the 

 mildest manner, and with every 

 attention which is due between 

 allied and friendly nations ; and 

 in no case shall the search be 

 made by an officer holding a rank 

 inferior to that of lieutenant in 

 the navies of Great Britain and 

 of the Netherlands. 



Art. 3. The ships of the royal 

 navies so commissioned, which 

 may detain any merchant ship, in 

 pursuance of the tenor of the 

 present instructions, shall leave 

 on board all the cargo, as well as 

 the master, and a part at least of 

 the crew of the above-mentioned 

 ship : the captor shall draw up in 

 writing an authentic declaration, 

 which shall exhibit the state in 

 which he found the detained ship, 

 and the changes which may have 

 taken place in it. He shall deliver 

 to the master of the detained 

 ship, a signed certificate of the 

 papers seized on board the said 

 vessel, as well as of the number 

 of slaves found on board at the 

 moment of detention. The ne- 

 groes shall not be disembarked 

 till after the vessels which con- 

 tain them shall be arrived at the 

 place where the legality of the 

 capture is to be tried by one of 

 the two mixed courts, in order 

 that in the event of their not 

 being adjudged legal prize, the 

 loss of the proprietors may be 

 more easily repaired. If, how- 

 ever, urgent motives, deduced 

 from the length of the voyage, 

 the gtate of health of the negroes, 



or other causes, required that 

 they should be disembarked en- 

 tirely, or in part, before the 

 vessel could arrive at the place 

 of residence of one of the said 

 courts, the commander of the 

 capturing ship may take on him- 

 self the responsibility of such 

 disembarkation, provided that 

 the necessity be stated in a certi- 

 ficate in proper form. 



B. Regulations for the Mixed 

 Courts of Justice, which are to 

 reside on the Coast of Africa, 

 and in a Colonial Possession 

 of his Majesty the King of the 

 Netherlands. 



Art. 1. The mixed courts of 

 justice, to be established by the 

 Treaty of this date, upon the 

 coast of Africa and in a colonial 

 possession of his majesty the 

 king of the Netherlands, are ap- 

 pointed to decide upon the lega- 

 lity of the detention of such 

 vessels as the cruizers of both 

 nations shall detain in pursuance 

 of this same treaty. The above- 

 mentioned courts shall judge 

 definitively and without appeal, 

 according to the present treaty. 

 The proceeding shall take place 

 as summarily as possible ; the 

 courts are required to decide (as 

 far as they shall find it practi- 

 cable), within the space of twenty 

 days, to be dated from that on 

 which every detained vessel shall 

 have been brought into the port 

 where they shall reside ; — First, 

 upon the legality of the capture ; 

 Secondly, in the cases in which 

 the captured vessel shall have 

 been liberated, as to the indemni- 

 fication which the said vessel is 

 to receive. And it is hereby 

 provided, that in all cases the 



final 



