APPENDIX TO CHRONICLE. 233 



final sentence shall not be delayed 

 on account of the absence of 

 witnesses, or for want of other 

 proofs, beyond the period of two 

 months, except upon the applica- 

 tion of any of the parties inter- 

 ested, when, upon their giving 

 satisfactory security to charge 

 themselves with the expense and 

 risks of the delay, the courts 

 may at their discretion grant an 

 additional delay not exceeding 

 four months. 



Art. 2. Each of the above 

 mentioned mixed courts, which 

 are to reside on the coast of 

 Africa, and in a colonial pos- 

 session of his majesty the king of 

 the Netherlands, shall be com- 

 posed in the following manner : — 

 The two high contracting parties 

 shall each of them name a judge 

 and an arbitrator, who shall be 

 authorized to hear and to decide 

 without appeal all cases of capture 

 of vessels which, in pursuance of 

 the stipulations of the treaty of 

 this date, shall be brought before 

 them. All the essential parts of 

 the proceedings carried on before 

 these mixed courts shall be 

 written down in the legal language 

 of the country in which the court 

 may reside. The judges and the 

 arbitrators shall make oath before 

 the principal magistrate of the 

 place in which the courts may 

 reside, to judge fairly and faith- 

 fully, to have no preference either 

 for the claimants or the captors, 

 and to act in all their decisions, in 

 pursuance of the stipulations of 

 the treaty of this date. There 

 shall be attached to each court a 

 secretary or registrar, appointed 

 by the sovereign of the country 

 in whicli the court may reside, 

 who shall register all its acts, and 



who, previous to his taking charge 

 of his post, shall make oath be- 

 fore the court to conduct himself 

 with respect for their authority, 

 and to act with fidelity in all the 

 affairs which may belong to his 

 charge. 



Art. 3. The form of the process 

 shall be as follows : The judges 

 of the two nations shall, in the 

 first place, proceed to the exami- 

 nation of the papers of the vessels, 

 and to receive the depositions of 

 the captain and of two or three 

 at least of the principal indi- 

 viduals on board of the detained 

 vessel, as well as the declaration 

 on oath of the captor, should it 

 appear necessary, in order to be 

 able to judge and to pronounce 

 whether the said vessel has been 

 justly detained or not, according 

 to the stipulations of the present 

 treaty, and in order that accord- 

 ing to this judgment it may be 

 condemned or liberated. And in 

 the event of the two judges not 

 agreeing in the sentence they 

 ought to pronounce, whether as to 

 the legality of the detention, or 

 the indemnification to be allowed, 

 or any other question which 

 might result from the stipulations 

 of the present treaty, they shall 

 draw by lot the name of one of the 

 two arbitrators, who, after having 

 considered the documents of the 

 process, shall consult with the 

 above-mentioned judges on the 

 case in question, and the final 

 sentence shall be pronounced 

 conformably to the opinion of the 

 majority of the above-mentioned 

 judges, and of the above-mention- 

 ed arbitrator. 



Art. 4. In the authenticated 

 declaration, which the captor 

 shall make before the court, as 



well 



