Page:United States Statutes at Large Volume 8.djvu/138

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126 TREATY WITH GREAT BRITAIN. [794. Stipulation re- alone provisions and other articleshnot generally contraband may be $P"°'l"€ P*°Yi· regarded as such, renders it expedient to provide against the inconimgaggzzlflng veniences and misunderstandings which might thence arise: lt is further agreed, that whenever any such articles so becoming contraband, according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or in their default, the government under whose authority they act, shall pay to the masters or owners of such vessels, the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention. Q Regulations And whereas it frequently happens that vessels sail for a porter place respiicting vas- belonging to an enemy, without knowing that the same is either bes°l’ ““°'“Pj'”,%' sieged, blockaded or invested; it is agreed, that every vessel so c1rcum·

fj;3°§;§,b0(;°° stanced, may be turned away from such port or place, but she shall not

tbund therein. be detained, nor her cargo, if not contraband, be confiscated, u·nless after notice she shall again attempt to enter; but she shall be permitted to go to any other port or place she may think proper: Nor shall any' vessel or goods of either party, that may have entered into such port or place, before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof RTIC XIX A · LE . Privamering And that more abundant care may be taken for the security of the '°·‘?“l“*°d· respective subjects and citizens of the contracting parties, and to prevent their suffering injuries by the men of war, or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them, and if they act to the contrary, they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said damages may be. For this cause, all commanders of privateers, before they receive their commissions, shall hereafter be obliged to give, before a competent judge, sufficient security by at least two responsible sureties, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of fifteen hundred pounds sterling, or if such ships be provided with above one hundred and fifty seamen or soldiers, in the sum of three thousand pounds sterling, to satisfy all damages and injuries, which the said privateer, or her officers or men, or any of them may do or commit during their cruise, contrary to the tenor of this treaty, or to the laws and instructions for regulating their conduct; and further, that in all caspsdof aggressions, the said commissions shall be revoked and an— nu e . It is also agreed that whenever a judge of a court of admiralty of either of the parties, shall pronounce sentence against any vessel, or goods or property belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel, without the smallest delay, he paying all legal fees and demands for the same. ARTICLE XX. It is further agreed that both the said contracting parties, shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of ther inhabitants to receive, protect, harbor.