Page:United States Statutes at Large Volume 18 Part 2c.djvu/614

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PERU-BOLIVIA, 1836. 697 sel, without causing the least extortion, violence, or illtreatment, in respect of which the commanders of said armed vessels shall be responsible, with_their persons and property; for which purpose, the commanders of said private armed vessel shall, before receiving their commissions, give sufficient security to answer for all the injuries and damages they may commit. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting the ship’s papers, nor for any other purpose whatever. Anrrcnn XVIII. To avoid all vexation and abuses in the examination of the papers 8¢¤·|¤¢*·¤¤ ¤¥ relating to the ownership of the vessels belonging to the citizens of the P“°“P°”"· contracting parties, they have agreed, and do agree, that, in case one of them should be engaged in war, the ships and vessels of the other must be furnished with sea-letters, or passports, expressing the name, property, and burden of the ship, as also the name and place of residence of the master or commander thereof, in order that it may thereby appear that the said ship really and truly belongs to the citizens of one of the parties. They have likewise agreed that such ships, being laden, besides the said sea-letters or passports, shall be provided with certificates containing the several particulars of the cargo and the place whence the ship sailed, so that it may be known whether any contraband or prohibited goods are on board of the same ; which certilicates shall be made out by the officers of the place whence the ship sailed, in the accustomed form, without which requisites the said vessel may be detained to be adjudged by the competent tribunals, and may be declared a legal prize, unless the said defect shall be proved to be owing to accident, or be satisfied or supplied by testimony entirely equivalent, in the opinion of said tribunals, to which ends there shall be allowed a sufficient term of time for its procurement. Anrxom XIX. And it is further agreed that the stipulations above expressed, rela- V°¤¤I¤ ¤¤d°' tive to the visiting and examining of vessels, shall apply to those only °°"°Y‘ which sail without convoy; and when said vessels- shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor,that the vessels under his protection belong to the nation whose ilag he carries, and, when they are bound to an enemy’s port, that they have no contraband goods on board, shall be sudicient. Anrxonn XX. It is moreover agreed that, in all cases, the established courts for prize Prize courts and causes, in the country to which the p1'lZ0 may be conducted, shall alone <l¤¤¤‘¤°¤· take cognizance of them. And whenever such tribunal or court of e1ther party shall pronounce judgment against any vessel, goods, or property, claimed by citizens of the other party, the sentence or decree shall mention the reasons or motives in which the same shall have been founded; and an authenticated copy of the sentence or decree, and of all the proceedings in the case shall, if demanded, be delivered to the commander or agent of said vessel or property, without any excuse or delay, he pay- ing the legal fees for the same. Anrrcnn XXI. Whenever one of the contracting parties shall be engaged in war with Le] g ters o r another State, no citizen of the other contracting party shall accept a ”*”‘1 · commission or letter of marque, for the purpose ot assisting or co—operating hostilely with the said enemy against the sa1d party so at war, nnder pain of being treated as a pirate.