Page:United States Statutes at Large Volume 18 Part 2c.djvu/344

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enmvr Bn1mm, 1862. 337 7th. A greater number of mess-tubs or kids than requisite for the use of the crew_of the vessel as a merchant vessel. 8th. A boiler, or other cooking apparatus, of an unusual size, and larger, or capable of being made larger, than requisite for the use of the crew of the vessel as a merchant vessel; or more than one boiler, or other cooking apparatus, of the ordinary size. . _9th. An extraordinary quantity of rice, of the Hour of Brazil, of mandc or cassada, commonly called farinha, of maize, or of Indian corn, or of any other article of food whatever, beyond the probable wants of the crew; unless such rice, flour, farinha, maize, Indian corn, or other article of tbod be entered on the manifest as part of the cargo for trade. 10th. A quantity of mats or matting greater than is necessary for the use of the crew of the vessel as a merchant vessel; unless such mats or matting be entered on the manifest as part of the cargo for trade. If it be proved that any one or more of the articles above specined is Prima-mic evior are on board, or have been on board during the voyage in which the *l¤¤°°· vessel was captured, that fact shall be considered as primatacie evidence that the vessel was employed in the African slave trade, and she shall in consequence be condemned and declared lawful prize; unless the master or owners shall furnish clear and incontrovertible evidence, proving to the satisfaction of the mixed court of justice, that at the time of her detention or capture the vessel was employed in a lawful undertaking, and that such of the different articles above specified as were found on board at the time of detention, or as may have been embarked during the voyage on which she was engaged when captured, were indispensable for the lawful object of her voyage. Anxrmnn VII. If any one of the articles specified in the preceding article as grounds N6 <!¤¤¤¤¤¤¤ f¤¤‘ for condemnation should be found on board a merchant vessel, or should d°*°“*‘°'f; be proved to have been on board of her during the voyage on which she mf£‘ZPAr£f§‘{}°j was captured, no compensation for losses, damages, or expenses conse-' quent upon the detention of such vessel shall, in any case, be granted eitherto the master, the owner, or any other person interested in the equipment or in the lading, even though she should not be condemned by the mixed court of justice. Anirxcnn VIII. It is agreed between the two high contracting parties that in all cases Condemned ,,,,,_ in which a vessel shall be detained under this treaty, by their respective ms, cruisers, as having been engaged in the African slave trade, or as having [s 0 0 {Regulabeen iltted out for the purposes thereof, and shall consequently be ad- ii¤¤¤," Article VI-] judged and condemned by one of the mixed courts of justice to be ’ established as aforesaid, the said vessel shall, immediately after it condemnation, be broken up entirely, and shall be sold in separate parts. after having been so broken up ; unless either of the two Governments should wish to purchase her for the use of its navy, at a price to be iixed by a competent person chosen for that purpose by the mixed court of justice, in which case the Govern ment whose cruiser shall have detained the condemned vessel shall have the first option of purchase. Anrrcnn IX. The captain, master, pilot, and crew of any vessel condemned by the 0w¤¤r¤. ¤i¤¤¤r¤, mixed courts of justice shall be punished according to the laws of the n‘f;f‘;c:S£,j_°°‘ country to which such vessel belongs, as shall also the owner or owners and the persons interested in her equipment or cargo, unless they prove that they had no participation in the enterprise. For this purpose the two high contracting parties agree that, in so Persons onboard far as it may not be attended with grievous expense and inconvenience, such v¢¤¤¤i¤· the master and crew of any vessel which may be condemned by u n s rvt22