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ticulars of the cargo, the place from treaty; and the ship which shall whence the ship failed, and whither have exhibited the same shall have she is bound, fo that it may be liberty to continue her voyage, and known whether the carries any of it fall be wholly unlawful any the prohibited or contraband goods way to moleft or search her, or specified in the XXIld article of to chase or compel her to alter her this treaty ; which certificates shall courfe. be prepared by the officers of the Art. XXVII. The merchant-hips place from whence the thip fet fail, belonging to the subjects of either of in the accustomed form. And if any the two high contracting parties, one ihall think fit to expreís in the which intend to go to a port at ensaid certificates the person to whom mity with the other sovereign, conthe goods belong, he may freely cerning whose voyage and the fort do so.
of gcods on board there may be just Art. XXV. The ships belonging caule of suspicion, shall be obliged to the subjects and inhabitants of the to exhibit, as well on the high seas respective kingdoms, coming to any as in the ports and havens, not only of the coasts of either of them, but
her passports, but also her certifiwithout being willing to enter into cates, expressing that the goods are port, or being entered, yet not wil not of the kind which are contraband, ling to land their cargoes, or break as fpecified in the XXIId article of bulk, shall not be obliged to give an this treaty. account of their lading, unless they Art. XXVIII. If, on exhibiting are fufpected, upon fure evidence, the above-mentioned certificates, of carrying prohibited goods, call. containing a list of the cargo, the ed contraband, to the enemies of other party should discover any either of the two high contracting goods of that kind which are departies.
clared contraband, or prohibited, Art. XXVI. In case the ships by the XXIId article of this treaty, belonging to the said subjects and and which are designed for a port inhabitants of the respective domi-' subject to his enemies, it shall be nions of their most serene majesties, unlawful to break up or open the either on the coait or on the high hatches, chests, casks, bales, or other seas, shall meet with any men of vessels found on board such ship, or war belonging to their most serene' to remove even the smallest parcel majesties, or with privateers, the of the goods, whether the said ship faid men of war and privateers, for belongs to the subje&ts of the king preventing any inconveniencies, are of Great Britain, or of the Mof to remain out of cannon-thoi, and Christian king, unless the lading be to send their boats to the merchant. brought on ihcre, in the presence of snip which may be met with, and the officers of the court of admiMall enter her to the number of two salty, and an inventory made by or three men only, to whom the them of the said goods : nor shall it master or commander of such ship be lawful to sell, exchange, or alior vefsel shall fhew his passport, enate the fame in any manner, unless containing the proof of the property after due and lawful process thall of the ship, made out according to have been had against such prohithe form annexed to this present bited goods, and the judges of the
admiralty, respectively shall, by sen- be contraband, or otherwise, which, tence pronounced, have confiscated as aforesaid, were put on board any, the same ; saving always as well the ship belonging to an enemy before fhip itself, as the other goods found the war, or after the declaration of therein, which by this treaty are to the fame, within the time and libe accounted free: neither may they mits above-mentioned, shall no ways be detained on pretence of their be- be liable to confiscation, but shall ing mixed with prohibited goods,“ well and truly be restored, without much less shall they be confiscated as delay, to the proprietors demandlawful prize : and if, when only ' ing the same; provided neverthe-. part of the cargo shall consist of con- less, that if the said merchandize's traband goods, the maiter of the be contraband, it shall not be any. fhip shall agree, consent, and offer ways lawful to carry them afterto deliver them to the captor who wards to the parts belonging to the has discovered them, in such case, enemy. the captor having received those Art. XXX. And that more abungoods as lawful prize, shall forth dant care may be taken for the se-" with release the ship, and not hinder curity of the respective subjects of her, by any means, from prosecut
their most lerene majesties, to preing her voyage to the place of her vent their fuffering any injury by deitination.
the men of war or privateers of Art. XXIX. On the contrary it either party, all the commanders of is agreed, that whatever shall be the ships of the king of Great Brifound to be laden by the subjects tain, and of the Most Christian king, and inhabitants of either party, on and all their subjects, shall be forbid any ship belonging to the enemies doing any damage to those of the of the other, although it be not con. other party, or committing any outtraband goods, shall be confiscated rage against them; and if they act in the same manner as if it belong- to the contrary they shall be puniihed to the enemy himself; 'except ed, and thall moreover be bound, in those goods and merchandizes which their persons and estates, to make were put on board such fhip before satisfaction and reparation for all the declaration of war, or the gene- damages, and the interest thereof, of ral order for reprisals, or even after what nature foever. such declaration, if it were done Art. XXXI. For this cause, all within the times following ; that is commanders of privateers, before to say, if they were pui on board they receive their patents or special such ship in any port or place within commissions, shall hereafter be obli. the space of two months after such ged to give, before a competent declaration or order for reprisals, judge, fufficient fecurity by good between Archangel, St. Petersburgh, bail, who are respondible men, and and the Scilly iHands, and between have no interelt' in the said ship, the said islands and the city of Gi. each of whom shall be bound in the braltar; of ten weeks in the Medi- whole for the sum of thirty-fix thouterranean sea ; and of eight months sand livres Tournois, or fifteen hunin
country or place in the dred pounds sterling; or if such world ; so that the goods of the tüb- ship be provided with above one jects of either prince, whether they hundred and fifty seamen or foldiers,
for the sum of seventy-two thousand shall be released, together with its livres Tournois, or three thousand cargo, in order to proceed on its pounds sterling, that they will make voyage. entire fatisfaction for all damages If the master of the ship named in and injuries whatsoever, which they, the passports should happen to die, or their officers, or others in their or be removed by any other cause, service, may commit during their and another put in his place, the cruize, contrary to the tenor of this ships and goods laden thereon fall present treaty, or the edi&ts made nevertheless be equally secure, and in consequence thereof by their most the passports shall remain in full serene majesties, under penalty like-force. wise of having their patents and Art, XXXIV. It is further prospecial commissions revoked and an- vided and agreed, that the ships of nulled.
either of the two pations, retaken by Art. XXXII. Their faid majes- the privateers of the other, shall be ties being willing mutually to treat restored to the former owner, if they in their dominions the subjects of have not been in the power of the each other as favourably as if they enemy for the space of four and were their own subjects, will give twenty hours, subject to the paysuch orders as shall be necessary and ment, by the faid owner, of one effectual, that the judgments and third of the value of the ship reta. decrees concerning prizes in the ken, and of its cargo, guns, and courts of admiralty be given con- apparel ; which third part shall be formably to the rules of justice and amicably adjusted by the parties equity, and to the ftipulations of concerned: but if not, and in case this treaty, by judges who are they should disagree, they shall make above all suspicion, and who have application to the officers of the adno manner of interest in the cause miralty of the place where the priin dispute.
vateer which retook the captured Art. XXXIII. And when the vessel shall have carried her, : quality of the thip, goods, and If the ship retaken has been in mafter, shall fufficiently appear, the power of the enemy above four from such passports and certificates, and twenty hours, she shall wholly it shall not be lawful for the com, belong to the privateer which retook manders of men of war to exact any her. further proof under" any pretext In case of a ship being retaken by whatsoever. But if any merchant- any man of war belonging to his ship shall not be provided with such Britannic majesty, or to his Moft palıports or certificates, then it may Christian majesty, it fall be restored be examined by a proper judge, but to the former owner, on payment in such manner. as, if it shall be of the thirtieth part of the value of found, from other proofs and docu. such ship, and of its cargo, guns, ments, that it truly belongs to the and apparel, if it was retaken with, subjects of one of the sovereigns, in the four and twenty hours, and and does not contain any contraband the tenth part if it was retaken afgoods, designed to be carried to ter the four and twenty hours; which the enemy of the other; : it fall fums shall be distributed, as a renot be liable to confiscation, butward, amongft the crews of the
fhips which shall bave retaken such case it should be declared lawful ; prize. The valuation of the thir. which fecurities being given by both tieth and tenth parts above men- parties, the prize fhall be delivered tioned shall be fettled conformably up to the claimant. But if the to the regulations in the beginning claimant should refuse to give fuffi. of this article.
cient security, the judge fall direct * Art. XXXV. Whensoever the the prize to be delivered to the capambaffadors of either of their faid tor, after having received from him majefties, or other their ministers good and fufficient security for payhaving a public character, and re- ing the full value of the said prize, siding at the court of the other in case it should be adjudged illeprince, shall complain of the injuf- gal. Nor shall the execution of the tice of the sentences which have' fentence of the judge be suspended been given, their majesties shall re. by reason of any appeal, when the spectively cause the same to be re- party against whom such appeal vised and re-examined in their coun shall be brought, whether claimant cils, unless their councils should al. or captor, shall have given fuffiready have decided thereupon, that cient security for restoring the ship it may appear, with certainty, whe. or effects, or the value of such thip ther the directions and provisions or effects, to the appellant, in cafe prescribed in this treaty have been judgment should be given in his followed and observed.' Their ma. favour. jefties shall likewise take care that Art. XXXVII. In case any fhips this matter be effe&tually provided of war or merchantmen, forced by for, and that justice be done to every storms or other accidents, be driven complainant within the space of three on rocks or shelves, on the coasts of months. ' However, before or after either of the high contracting par. judgment given, and pending the ties, and should there be dashed to revision thereof, it shall not be law- pieces and shipwrecked, all fuch fal to sell the goods in dispute, or to parts of the said ships, or of the furunlade them, unless with the con- niture or apparel thereof, as also of sent of the perfons concerned, for the goods and merchandizes as shall preventing any kind of lofs ; and be faved, or the produce thereof, laws shall be enacted on both sides hall be faithfully reftored, upon the for the execution of the present ar- fame being claimed by the propri. ticle.
etors, or their factors, duly autho. Art. XXXVI. If any differences rized, paying only the expences infhall arise respecting the legality of curred in the preservation thereof, prizes, so that a judicial decision according to the rate of falvage fet. fhould become necessary, the judge tled on both sides ; saving at the Mall direct the effects to be unladen, same time the rights and customs of an inventory and appraisement to each nation, the abolition or modibe made thereof, and security to be fication of which that however be required respectively from the cap- treated upon, in the cases where they tor for paying the costs, in case the shall be contrary to the ftipulations. fhip should not be declared lawful of the present article ; and their ma. prize ; and from the claimant for jefties will mutually interpose their paying the value of the prize, in authority, that such of their fub
jects, as shall be so inhuman as to and merchandizes, of what nature take advantage of any such misfor- foever, which may be taken on the
be severely punished. high seas, shall be brought into foine Art. XXXVIII. It Thall be free port of either kingdom, and delifor the subjects of each party to em vered into the custody of the officers ploy such advocates, attornies, no of that port, that they may be retaries, solicitors, and factors, as they stored entire to the true proprietor, Shall think fit; to which end the as soon as due and ufficient proof faid advocates and others above shall have been made concerning the mentioned, shall be appointed by property thereof. the ordinary judges, if it be need Art. XL. It shall be lawful, as ful, and the judges be thereunto well for the hips of war of their marequired.
jesties, as for privateers belonging Art. XXXIX. And for the to their subjects, to carry whithergreater security and liberty of com- foever they please the ships and merce and navigation, it is further goods taken from their enemies, agreed, that both the king of Great without being obliged to pay any Britain, and the Most Christian fee to the officers of the admiralty, king, shall not only refuse to receive or to any judges whatever ; nor shall any pirates or sea-rovers whatsoever the said prizes, when they arrive at into any of their havens, ports, ci- and enter the ports of their said maties, or towns, or permit any of jeities, be detained or seized ; neitheir subjects, citizens, or inhabi- ther shall the searchers, or other oftants, on either part, to receive or ficers of those places, visit or take protect them in their ports, to har- cognizance of the validity of such bour them in their houses, or to allilt prizes ; but they shall be at liberty them in any manner whatsoever; to hoist fail at any time, to depart, but further they shall cause all such and to carry their prizes to the place pirates and sea-rovers, and all per-, mentioned in the commisions or paTops who shall receive, conceal, or tents, which the commanders of such asist them, to be brought to condign ships of war shall be obliged punishment, for a terror and exam shew : on the contrary, no shelter or ple to others. And all their ships, refuge shall be given in their ports with the goods or merchandizes ta to fuch as have made prize upon the ken by them, and brought into the subjects of either of their majesties; ports of either kingdom, shall be but if forced by stress of weather, leized as far as they can be disco- or the dangers of the sea, to enter vered, and shall be restored to the therein, particular care shall be taowners, or their factors duly autho- ken to haften their departure, and rized:or deputed by them in writ- to cause them to retire from thence ing, proper evidence being first gi- as soon as possible, as far as it is not ven in the court of admiralty, for repugnant to former treaties made proving the property, even in case in this respect with other fovereigns jach effects should have passed into or states. other hands by fale, if it be proved Art. XLI. Neither of their faid that the buyers knew, or might have majesties Mall permit the ships or known, that they had been pirati- goods belonging to the subjects of cally taken. And generally all ships the other to be taken within çannon