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ticulars of the cargo, the place from whence the fhip failed, and whither fhe is bound, fo that it may be known whether the carries any of the prohibited or contraband goods fpecified in the XXIId article of this treaty; which certificates fhall be prepared by the officers of the place from whence the thip fet fail, in the accustomed form. And if any one fhall think fit to express in the faid certificates the perfon to whom the goods belong, he may freely do fo.

Art. XXV. The fhips belonging to the fubjects and inhabitants of the refpective kingdoms, coming to any of the coafts of either of them, but without being willing to enter into port, or being entered, yet not willing to land their cargoes, or break bulk, fhall not be obliged to give an account of their lading, unless they are fufpected, upon fure evidence, of carrying prohibited goods, called contraband, to the enemies of either of the two high contracting parties.

Art. XXVI. In cafe the fhips belonging to the faid fubjects and inhabitants of the refpective dominions of their most ferene majefties, either on the coat or on the high feas, fhall meet with any men of war belonging to their moft ferene majefties, or with privateers, the faid men of war and privateers, for preventing any inconveniencies, are to remain out of cannon-fhot, and to fend their boats to the merchant fhip which may be met with, and fhall enter her to the number of two or three men only, to whom the mafter or commander of fuch fhip or veffel fhall fhew his paffport, containing the proof of the property of the fhip, made out according to the form annexed to this prefent

treaty; and the fhip which shall have exhibited the fame fhall have liberty to continue her voyage, and it fhall be wholly unlawful any way to moleft or fearch her, or to chafe or compel her to alter her courfe.

Art. XXVII. The merchant-fhips belonging to the fubjects of either of the two high contracting parties, which intend to go to a port at enmity with the other fovereign, concerning whofe voyage and the fort of goods on board there may be just caufe of fufpicion, fhall be obliged to exhibit, as well on the high feas as in the ports and havens, not only her paffports, but also her certificates, expreffing that the goods are not of the kind which are contraband, as fpecified in the XXIId article of this treaty.

Art. XXVIII. If, on exhibiting the above-mentioned certificates, containing a lift of the cargo, the other party fhould difcover any goods of that kind which are declared contraband, or prohibited, by the XXIId article of this treaty, and which are defigned for a port fubject to his enemies, it shall be unlawful to break up or open the hatches, chefts, cafks, bales, or other veffels found on board fuch hip, or to remove even the smalleft parcel of the goods, whether the faid fhip belongs to the fubjects of the king of Great Britain, or of the Moft Chriftian king, unless the lading be brought on there, in the prefence of the officers of the court of admiralty, and an inventory made by them of the faid goods: nor fhall it be lawful to fell, exchange, or alienate the fame in any manner, unlefs after due and lawful procefs fhall have been had against fuch prohibited goods, and the judges of the

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admiralty respectively fhall, by fentence pronounced, have confifcated the fame; faving always as well the fhip itself, as the other goods found therein, which by this treaty are to be accounted free: neither may they be detained on pretence of their being mixed with prohibited goods, much lefs fhall they be confifcated as lawful prize and if, when only part of the cargo fhall confift of contraband goods, the matter of the fhip fhall agree, confent, and offer to deliver them to the captor who has difcovered them, in fuch case, the captor having received thofe goods as lawful prize, fhall forthwith releafe the fhip, and not hinder her, by any means, from profecuther voyage to the place of her

ing deftination.

Art. XXIX. On the contrary it is agreed, that whatever fhall be found to be laden by the subjects and inhabitants of either party, on any fhip belonging to the enemies of the other, although it be not contraband goods, fhall be confifcated in the fame manner as if it belong ed to the enemy himself; except thofe goods and merchandizes which were put on board fuch fhip before the declaration of war, or the general order for reprisals, or even after fuch declaration, if it were done within the times following; that is to fay, if they were put on board fuch fhip in any port or place within the fpace of two months after fuch declaration or order for reprisals, between Archangel, St. Petersburgh, and the Scilly iflands, and between the faid iflands and the city of Gi. braltar; of ten weeks in the Mediterranean fea; and of eight months in any other country or place in the world; fo that the goods of the fubjects of either prince, whether they

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be contraband, or otherwife, which, as aforefaid, were put on board any fhip belonging to an enemy before the war, or after the declaration of the fame, within the time and limits above-mentioned, fhall no ways be liable to confifcation, but fhall well and truly be reftored, without delay, to the proprietors demanding the fame; provided neverthe-lefs, that if the said merchandizes be contraband, it fhall not be any ways lawful to carry them afterwards to the parts belonging to the enemy.

Art. XXX. And that more abundant care may be taken for the fecurity of the respective subjects of their moft ferene majefties, to prevent their fuffering any injury by the men of war or privateers of either party, all the commanders of the fhips of the king of Great Britain, and of the Moft Chriftian king, and all their fübjects, shall be forbid doing any damage to thofe of the other party, or committing any outrage against them; and if they act to the contrary they fhall be punished, and thall moreover be bound, in their perfons and eftates, to make fatisfaction and reparation for all damages, and the intereft thereof, of what nature foever.

Art. XXXI. For this caufe, all commanders of privateers, before they receive their patents or special commiffions, fhall hereafter be obliged to give, before a competent judge, fufficient fecurity by good bail, who are refponible men, and have no interet in the faid fhip,. each of whom fhall be bound in the whole for the fum of thirty-fix thoufand livres Tournois, or fifteen hundred pounds fterling; or if fuch fhip be provided with above one hundred and fifty feamen or foldiers,

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for the fum of feventy-two thousand livres Tournois, or three thousand pounds fterling, that they will make entire fatisfaction for all damages and injuries whatsoever, which they, or their officers, or others in their fervice, may commit during their cruize, contrary to the tenor of this prefent treaty, or the edicts made in confequence thereof by their moft ferene majefties, under penalty likewife of having their patents and fpecial commiffions revoked and annulled.

Art. XXXII. Their faid majefties being willing mutually to treat in their dominions the fubjects of each other as favourably as if they were their own fubjects, will give fuch orders as fhall be neceffary and effectual, that the judgments and decrees concerning prizes in the courts of admiralty be given conformably to the rules of juftice and equity, and to the ftipulations of this treaty, by judges who are above all fufpicion, and who have no manner of intereft in the cause in difpute.

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Art. XXXIII. And when the quality of the fhip, goods, and mafter, fhall fufficiently appear, from fuch paffports and certificates, it fhall not be lawful for the com, manders of men of war to exact any further proof under any pretext whatsoever. But if any merchantship shall not be provided with fuch paffports or certificates, then it may be examined by a proper judge, but in fuch manner as, if it fhall be found, from other proofs and documents, that it truly belongs to the fubjects of one of the fovereigns, and does not contain any contraband goods, defigned to be carried to the enemy of the other, it shall not be liable to confifcation, but

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fhall be released, together with its cargo, in order to proceed on its voyage.

If the mafter of the ship named in the paffports fhould happen to die, or be removed by any other cause, and another put in his place, the fhips and goods laden thereon fhall neverthelefs be equally fecure, and the paffports fhall remain in full force.

Art. XXXIV. It is further provided and agreed, that the fhips of either of the two nations, retaken by the privateers of the other, shall be reftored to the former owner, if they have not been in the power of the enemy for the fpace of four and twenty hours, fubject to the payment, by the faid owner, of one third of the value of the ship retaken, and of its cargo, guns, and apparel; which third part fhall be amicably adjusted by the parties concerned: but if not, and in case they fhould difagree, they fhall make application to the officers of the admiralty of the place where the privateer which retook the captured veffel fhall have carried her,

If the hip retaken has been in the power of the enemy above four and twenty hours, fhe fhall wholly belong to the privateer which retook her.

In cafe of a fhip being retaken by any man of war belonging to his Britannic majefty, or to his Moft Chriftian majesty, it shall be restored to the former owner, on payment of the thirtieth part of the value of fuch fhip, and of its cargo, guns, and apparel, if it was retaken within the four and twenty hours, and the tenth part if it was retaken after the four and twenty hours; which fums fhall be diftributed, as a reward, amongst the crews of the

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Art. XXXV. Whenfoever the ambaffadors of either of their faid majefties, or other their minifters having a public character, and refiding at the court of the other prince, fhall complain of the injuftice of the fentences which have been given, their majefties fhall re. spectively cause the fame to be revifed and re-examined in their councils, unless their councils fhould al

ready have decided thereupon, that it may appear, with certainty, whether the directions and provifions prescribed in this treaty have been followed and obferved. Their majefties fhall likewife take care that this matter be effectually provided for, and that justice be done to every complainant within the space of three months. However, before or after judgment given, and pending the revifion thereof, it shall not be lawful to fell the goods in difpute, or to unlade them, unlefs with the confent of the perfons concerned, for preventing any kind of lofs; and laws fhall be enacted on both fides for the execution of the prefent article.

Art. XXXVI. If any differences fhall arise respecting the legality of prizes, fo that a judicial decifion fhould become neceffary, the judge fhall direct the effects to be unladen, an inventory and appraisement to be made thereof, and fecurity to be required refpectively from the captor for paying the cofts, in cafe the fhip fhould not be declared lawful prize; and from the claimant for paying the value of the prize, in

cafe it thould be declared lawful; which fecurities being given by both parties, the prize fhall be delivered up to the claimant. But if the claimant fhould refuse to give fufficient fecurity, the judge fhall direct the prize to be delivered to the captor, after having received from him good and fufficient fecurity for paying the full value of the faid prize, in cafe it fhould be adjudged illegal. Nor fhall the execution of the fentence of the judge be fufpended by reafon of any appeal, when the party against whom fuch appeal fhall be brought, whether claimant or captor, fhall have given fufficient fecurity for restoring the fhip or effects, or the value of fuch fhip or effects, to the appellant, in cafe judgment fhould be given in his favour.

Art. XXXVII. In cafe any fhips of war or merchantmen, forced by ftorms or other accidents, be driven on rocks or fhelves, on the coafts of either of the high contracting par ties, and fhould there be dafhed to pieces and fhipwrecked, all fuch parts of the faid fhips, or of the furniture or apparel thereof, as alfo of the goods and merchandizes as shall be faved, or the produce thereof, shall be faithfully reftored, upon the fame being claimed by the proprietors, or their factors, duly authorized, paying only the expences incurred in the prefervation thereof, according to the rate of falvage fettled on both fides; faving at the fame time the rights and customs of each nation, the abolition or modification of which fhall however be treated upon, in the cafes where they fhall be contrary to the ftipulations. of the prefent article; and their majefties will mutually interpofe their authority, that fuch of their fub

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jects

jects, as fhall be fo inhuman as to take advantage of any fuch misfortune, may be severely punished.

Art. XXXVIII. It fhall be free for the fubjects of each party to employ fuch advocates, attornies, notaries, folicitors, and factors, as they fhall think fit; to which end the faid advocates and others above mentioned, fhall be appointed by the ordinary judges, if it be needful, and the judges be thereunto required.

Art. XXXIX. And for the greater fecurity and liberty of commerce and navigation, it is further agreed, that both the king of Great Britain, and the Moft Chriftian king, shall not only refuse to receive any pirates or fea-rovers whatsoever into any of their havens, ports, cities, or towns, or permit any of their fubjects, citizens, or inhabitants, on either part, to receive or protect them in their ports, to harbour them in their houses, or to affift them in any manner whatfoever; but further they shall caufe all fuch pirates and fea-rovers, and all perfops who fhall receive, conceal, or affist them, to be brought to condign punishment, for a terror and example to others. And all their fhips, with the goods or merchandizes ta.ken by them, and brought into the ports of either kingdom, fhall be feized as far as they can be difcovered, and fhall be restored to the owners, or their factors duly authorized or deputed by them in writing, proper evidence being firft given in the court of admiralty, for proving the property, even in cafe ach effects fhould have paffed into other hands by fale, if it be proved that the buyers knew, or might have known, that they had been piratically taken. And generally all fhips

and merchandizes, of what nature foever, which may be taken on the high feas, fhall be brought into fome, port of either kingdom, and delivered into the cuftody of the officers of that port, that they may be reftored entire to the true proprietor, as foon as due and fufficient proof shall have been made concerning the property thereof.

Art. XL. It fhall be lawful, as well for the fhips of war of their majefties, as for privateers belonging to their fubjects, to carry whitherfoever they please the fhips and goods taken from their enemies, without being obliged to pay any fee to the officers of the admiralty, or to any judges whatever; nor shall the faid prizes, when they arrive at and enter the ports of their faid majeities, be detained or feized; neither fhall the fearchers, or other officers of thofe places, vifit or take cognizance of the validity of fuch prizes; but they fhall be at liberty to hoift fail at any time, to depart, and to carry their prizes to the place mentioned in the commiffions or patents, which the commanders of fuch fhips of war fhall be obliged to fhew on the contrary, no shelter or refuge fhall be given in their ports to fuch as have made prize upon the fubjects of either of their majesties; but if forced by ftrefs of weather, or the dangers of the fea, to enter therein, particular care fhall be taken to haften their departure, and to cause them to retire from thence as foon as poffible, as far as it is not repugnant to former treaties made in this respect with other fovereigns or ftates.

Art. XLI. Neither of their faid majefties fhall permit the fhips or goods belonging to the fubjects of the other to be taken within cannon

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