such necessity, and the causes thereof, be stated in a certificate in proper form, and that this certificate be entered at the time on the log-book of the detained vessel.

The undersigned Plenipotentiaries have agreed, in conformity with the Twelfth Article of the Treaty signed by them on this day, the twenty-fourth day of May, one thousand eight hundred and thirty-nine, that the preceding Instructions, consisting of four Articles, shall be annexed to the said Treaty, and shall be considered as an integral part thereof.

The twenty-fourth day of May, one thousand eight hundred and thirty-nine.

ANNEX B, to the Treaty between Great Britain and the Argentine Confederation, for the abolition of the Slave Trade of the Argentine Confederation.

Regulations for the Mixed Courts of Justice which are to reside on the Coast of Africa, and in the Possessions of the Argentine Confederation.

ARTICLE I.-The Mixed Courts of Justice to be established under the provisions of the Treaty, of which these Regulations are declared to be an integral part, shall be composed in the following manner. Each of the two High Contracting Parties shall name a judge and an arbitrator, who shall be authorized to hear and to decide, without appeal, all cases of the capture or detention of vessels which, in pursuance of the stipulations of the aforesaid Treaty, shall be brought before them. The judges and the arbitrators shall, before entering upon the duties of their office, respectively make oath before the principal magistrate of the places in which such Courts respectively shall reside, that they will judge fairly and faithfully; that they will have no preference, either for the claimants or the captors; and that in all their decisions they will act in pursuance of the stipulations of the aforesaid Treaty.

There shall be attached to each of such Courts, a secre

tary or registrar, who shall be appointed by the Government of the country within whose territories such Court shall reside; such secretary or registrar shall register all the acts of such Court, and shall, before he enters upon his office, make oath before the Court to which he is appointed, that he will conduct himself with due respect for its authority, and will act with fidelity and impartiality in all matters relating to his said office.

The salary of the secretary or registrar of the Court to be established on the coast of Africa, shall be paid by Her Britannic Majesty; and that of the secretary or registrar of the Court to be established in the possessions of the Argentine Confederation, shall be paid by the Government of that Republic.

Each of the Governments shall defray half of the aggregate amount of the incidental expenses of such Courts.

Article II. The expenses incurred by the officer charged with the reception, maintenance, and care of the detained vessel, Slaves, and cargo, and with the execution of the sentence, and all disbursements occasioned by bringing the vessel to adjudication, shall, in case of condemnation, be defrayed out of the funds arising from the sale of the materials of the broken-up vessel, of the ship's stores, and of such parts of the cargo as shall consist of merchandize; and in case the proceeds arising from this sale should not prove sufficient to defray such expenses, then the deficiency shall be made good by the Government of the country within whose territories the adjudication shall have taken place.

If the detained vessel shall be released, the expenses occasioned by bringing her to adjudication shall be defrayed by the captor, excepting in the cases specified and otherwise provided for by Article IX of the Treaty to which these Regulations form an Annex, and by Article VII of these Regulations.

Article III. The Mixed Courts of Justice are to decide upon the legality of the detention of such vessels as the cruizers of either nation shall, in pursuance of the said Treaty, detain.

These Courts shall judge, definitively and without appeal, all questions which shall arise out of the capture and detention of such vessels.

The proceedings of these Courts shall take place with as little delay as possible; and for this purpose the Courts are required to decide each case, as far as may be practicable, within the space of twenty days, to be dated from the day on which the detained vessel shall have been brought into the port where the deciding Court shall reside.

If, in consequence of such proceedings, the vessel whose case is brought before the Court, shall be found to be employed in the Slave Trade, or to have been fitted out for the purposes thereof, such vessel, her cargo of merchandize, and her equipments, shall be condemned by the Court, and shall be declared lawful prize; and any Slaves who may have been put on board such vessel for the purposes of traffic, shall be emancipated.

The final sentence shall not, in any case, be delayed beyond the period of two months, either on account of the absence of witnesses, or for any other reason; except upon the application of any of the parties interested, in which case, if such party or parties shall give satisfactory security that they will take upon themselves the expense and risks of the delay, the Courts may, at their discretion, grant an additional delay, not exceeding four months.

Either party shall be allowed to employ such counsel as he may think fit, to assist him in conducting his cause. All the essential parts of the proceedings of the said Courts shall be written down in one act, in the language of the country in which the Courts shall respectively reside.

Article IV. The form of the process shall be as follows: -the judges appointed by the two Governments respectively, shall, in the first place, proceed to examine the papers of the detained vessel, and to take the depositions of the master or commander, and of two or three, at least, of the principal individuals on board such vessel; as well as the declaration on oath of the captor, should such declaration appear to be necessary, in order to enable them to judge and to pronounce whether the said vessel has been justly detained or not, according to the stipulations of the aforesaid Treaty.

In the event of the two judges not agreeing as to the sentence which they ought to pronounce with respect to the legality of the detention of any vessel, as to the liability of

the vessel to condemnation, as to the compensation to be allowed to the owners, or as to any other question which may arise out of any capture; or if any difference of opinion should arise between them, as to the mode of proceeding in the said Court; they shall, in any such case, draw by lot the name of one of the two arbitrators appointed as is stated in Article I of this Annex; and the arbitrator whose name shall be so drawn shall, after he has considered the proceedings which have taken place, consult with the two above-mentioned judges, and the final sentence or decision shall be pronounced in conformity with the opinion of the majority of the three.

Article V. If the detained vessel shall be restored by the sentence of the Court, the vessel and the cargo, in the state in which they shall then be found, shall forthwith be given up to the master, or to the person who represents him; and such master or other person may, before the same Court, claim to have a valuation made, in order to ascertain the amount of the damages to which he shall be entitled. The captor himself, and, in his default, his Government, shall remain responsible for the damages which may definitively be pronounced to be due to the master of such vessel, or to the owners of the vessel or of her cargo.

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 which may be awarded by the aforesaid Court; it being mutually understood and agreed, that such costs and damages shall be made good by the Government of the country of which the captor shall be a subject

or citizen.

Article VI. If a detained vessel shall be condemned, she shall be declared lawful prize, together with her cargo, whatever it may be, with the exception of the Slaves who shall have been found on board; and the said vessel, in conformity with the regulations in Article X of the Treaty of this date, shall, as well as her cargo, be sold by public sale, for the profit of the two Governments, subject to the payment of the expenses herein before mentioned.

Each Slave shall receive from the Court a certificate of emancipation, and shall be delivered over to the Government to whom belongs the cruizer which made the capture,

to be dealt with according to the regulations and conditions contained in the Annex to this Treaty, letter C.

Article VII. The commander and the crew of a vessel condemned under this Treaty, and all persons found on board who shall have been accomplices in her Slave Trade undertaking, shall, on condemnation of the vessel, be sent as prisoners to the nearest settlement of the country of which they are subjects or citizens, and shall be there delivered over to the authorities of the place, to be tried according to the laws of their country for the offences which they have committed against those laws. The commander of the cruizer which made the capture of the vessel, shall, on the requisition of the members of the Mixed Courts of Justice, take charge of the commander, the crew, and accomplices on board of the captured vessel, and shall convey them and deliver them over as before mentioned.

The charges incurred for the support and return voyage of the commander, the crew, and the accomplices thus sent as prisoners, shall be defrayed by the Government of which they are the subjects or citizens.

Article VIII. The Mixed Courts of Justice shall also take cognizance of, and shall decide definitively and without appeal, all claims for compensation on account of losses occasioned to vessels and cargoes which shall have been detained under the provisions of this Treaty, but which shall not have been condemned as legal prize by the said Courts; and in all cases wherein restitution of such vessels and cargoes shall be decreed (save as mentioned in a subsequent part of these Regulations, and in Article IX of the Treaty to which these Regulations form an Annex), the Court shall award to the claimant or claimants, or to 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 owner or owners 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, equipment, and stores.
b. For all freights due and payable.

c. For the value of the cargo of merchandize, if any,