234 ANNUAL REGISTER, 1818. 



well as in the certificate of the 

 papers seized, which shall be 

 delivered to the captain of the 

 captured vessel, at the time of 

 the detention, the above-mention- 

 ed captor shall be bound to 

 declare his name, the name of his 

 vessel, as well as the latitude and 

 longitude of the place where the 

 detention shall have taken place, 

 and the number of slaves found 

 on board of the ship at the time 

 of the detention. 



Art. 5. As soon as sentence 

 / shall have been pronounced, the 



detained vessel, if liberated, and 

 the cargo, in the state in which 

 it shall then be found, shall be 

 restored to the master, or the 

 person who represents him, who 

 may, before the same court, 

 claim a valuation of the damages, 

 which they may have a right to 

 demand; the captor himself, and, 

 in his default, his government, 

 shall remain responsible for the 

 above-mentioned damages. The 

 two high contracting parties bind 

 themselves to pay, within the 

 term of a year from the date of 

 the sentence, the costs and 

 damages Avhich may be granted 

 by the above-named court, it 

 being understood that these costs 

 and damages shall be at the ex- 

 pense of the power of which the 

 captor shall be a subject. 



Art. 6. — In case of the con- 

 demnation of a vessel, she shall 

 be declared lawful prize, as well 

 as her cargo, of whatever des- 

 cription it may be, with the ex- 

 ception of the slaves who may be 

 onboard as objects of commerce; 

 and the said vessel, as well as her 

 cargo, shall be sold by public 

 sale, for tlie profit of the two 

 governments ; and as to the 



slaves, they shall receive from thtf 

 mixed court a certificate of eman- 

 cipation, and shall be delivered 

 over to the government on whose 

 territory the court which shall 

 have so judged them shall be es- 

 tablished, 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 respectively consigned 

 to it. 



Art. 7. The mixed courts shall 

 also take cognizance, and decide 

 accoi-diiig to the third article of 

 this regulation, on all claims for 

 compensation, on account of 

 losses occasioned to vessels de- 

 tained under suspicion of having 

 been engaged in the slave trade, 

 but which shall not have been 

 condemned as legal prize by the 

 said courts ; and in all cases 

 wherein restitution shall be 

 decreed, the court shall award to 

 the claimant or claimants, 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 

 damages which the claimant or 

 claimants may have actually 

 sustained by such capture and 

 detention; that is to say, first, in 

 case of total loss, the claimant or 

 claimants shall be indemnified : 

 A. For the ship, her tackle, ap- 

 pareil and stores. B. For all 

 freights due and paj^able. C. For 

 the value of the cargo of mer- 

 chandize, if any; deducting for 

 all charges and expenses payable 

 upon the sale of such cargoes, 

 including commission of sale. D. 

 For all other regular charges, in 

 such cases of total loss ; and 

 secondly, in all other cases not 



of 



