་ legal Prize by the said Courts; and in all Cases wherein Resti'tution shall be decreed, the Court shall award to the Claimant or Claimants, 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 Claimant or Claimants 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, Apparel and Stores. 'B. For all Freights due and payable. C. For the Value of the Cargo of Merchandize, if any; deducting for all Charges and Expences payable upon the Sale of such Cargoes, including Commission of Sale. 'D. For all other regular Charges, in such Cases of total Loss; and, Secondly, in all other Cases not of total Loss, the Claimant or Claimants shall be indemnified, A. For all special Damages and Expences occasioned to the Ship by the Detention, and for Loss of Freight, when due or payable. B. A Demurrage when due, according to the Schedule an'nexed to the present Article. C. For any Deterioration of the Cargo. D. An Allowance of Five per Cent. on the Amount of the 'Capital employed in the Purchase of Cargo, for the Period of Delay occasioned by the Detention; and, 6 E. For all Premium of Insurance on additional Risks. The Claimant or Claimants shall in all Cases be entitled to 'Interest at the rate of Five per Cent. per Annum on the Sum awarded, until paid by the Government to which the capturing Ship belongs; the whole Amount of such Indemnifications being 'calculated in the Money of the Country to which the captured Ship belongs, and to be liquidated at the Exchange current at 'the Time of the Award. The Two High Contracting Parties wishing, however, to ' avoid, as much as possible, every Species of Fraud in the Exe'cution of the Treaty of this Date, have agreed that if it should 'be proved in a Manner evident to the Conviction of the Judges of the Two Nations, and without having recourse to the Deci'sion of an Arbitrator, that the Captor has been led into Error by a voluntary and reprehensible Fault on the Part of the Cap'tain of the detained Ship, in that Case only the detained Ship 'shall not have the Right of receiving, during the Days of her 'Detention, the Demurrage stipulated by the present Article. 'Schedule of Demurrage or Daily Allowance for a Vessel of 100 Tons to 120 inclusive • 221 Articles explanatory to the Treaty with the Netherlands, dated Dec. 31, 1822. Article VIII. — Neither the Judges nor the Arbitrators, nor the Secretary of the Mixed Court, shall be permitted to de'mand or receive, from any of the Parties concerned in the Sentences which they shall pronounce, any Emolument, under any Pretext whatsoever, for the Performance of the Duties which are imposed upon them by the present Regulation. Article IX.-The Two High Contracting Parties have agreed, that in the Event of the Death or legal Impeachment of One or 'more of the Judges or Arbitrators composing the above mentioned Mixed Courts, their Posts shall be supplied, ad interim, in the following Manner: On the Part of the British Government, the Vacancies shall 'be filled successively, in the Court which shall sit within the • Possessions of His Britannic Majesty, by the Governor or Lieutenant Governor resident in that Colony; by the Principal Magistrate of the same, and by the Secretary; and in that which shall sit within the Possessions of His Majesty the King ' of the Netherlands, it is agreed, that in case of the Death of the British Judge or Arbitrator there, the surviving Individuals of the said Court shall proceed equally to the Judgment of such Ships as may be brought before them, and to the Execution of their Sentence. On the Part of the Netherlands, the Vacancies shall be supplied, in the Possessions of His Majesty the King of the Nether lands, successively by the Governor or Lieutenant Governor, the Principal Magistrate and Secretary of Government; and upon the Coast of Africa, in case of the Death of any Netherland Judge or Arbitrator, the surviving Members of the Court shall proceed to Judgment in the same Manner as above specified for the Court resident in the Possession of His Majesty the King of the Netherlands, in the Event of the Death of the Bri'tish Judge or Arbitrator. The High Contracting Parties have further agreed, that the Governor or Lieutenant Governor of the Settlement wherein either of the Mixed Courts shall sit, in the Event of a Vacancy arising either of the Judge or Arbitrator of the other High Contracting Party, shall forthwith give Notice of the same to the Governor or Lieutenant Governor of the nearest Settlement of such High Contracting Party, in order that the Loss may be supplied at the earliest possible Period; and each of the High Contracting Parties agrees to supply definitively, as soon as 'possible, the Vacancies that may arise in the above mentioned Courts, from Death or any other Cause whatever.' Articles explanatory of and additional to the Treaty com'cluded at the Hague, May the Fourth One thousand eight hundred and eighteen, between His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Netherlands, for the Prevention of the Traffic in Slaves. Signed at Bruxelles December Thirty first One thousand eight hundred and twenty two. His Majesty the King of the United Kingdom of Great Br tain and Ireland, and His Majesty the King of the Netherlands having thought fit to agree upon the following Arrangements, 6 additional <additional to and explanatory of the Treaty concluded between their aforesaid Majesties at the Hague, on the Fourth of May One thousand eight hundred and eighteen, for the Prevention of the Trade in Slaves, have therefore named as Plenipoten tiaries, ad hoc : < His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Richard Earl of Clan carty, Viscount Dunlo, Baron Kilconnel, Baron Trench of Garbally in the United Kingdom of Great Britain and Ireland, One of His Majesty's Most Honourable Privy Council in Great Britain, and also in Ireland, Member of the Committee of the First for the Affairs of Commerce and Colonies, Colonel of the Regiment of Militia of the County of Galway, Vice Admiral of the Province of Connaught, Knight Grand Cross of the Most Honourable Order of the Bath, and of the Royal Hanoverian Guelphic Order, Ambassador Extraordinary and Plenipotentiary of His said Majesty to His Majesty the King of the Netherlands, Grand Duke of Luxembourg; and His Majesty the King of the Netherlands, Anne William Charles Baron de Nagell d'Ampsen, Member of the Body of Nobles of the Province of Guelderland, Knight Grand Cross of the Order of the Belgic 'Lion, and of that of Charles the Third, of the Legion of Honour, and of the Royal Hanoverian Guelphic Order, Chamberlain and Minister of State holding the Department of Foreign Affairs; 'who having exchanged their full Powers, found in good and due Form, have agreed on the following explanatory and additional Articles: Article I.-Whereas it is stated in Article I. of "Instructions intended for the British and Dutch Ships of War employed to prevent the illicit Traffic in Slaves," that "Ships on board of which no Slaves shall be found intended for Purposes ‹ of Traffic, shall not be detained on any Account or Pretence whatever:" And Whereas it has been found by Experience, that Vessels employed in the illegal Traffic have unshipped their Slaves immediately prior to their being visited by Ships of War, and that such Vessels have thus found Means to evade Forfeiture, and have been enabled to pursue their unlawful Course with Impunity, contrary to the true Object and Spirit of the Treaty above mentioned. The High Contracting Parties therefore feel it necessary to declare, and it is hereby declared by them, that if there shall be clear and undeniable Proof that a Slave or Slaves has or have been put on board a Vessel, for the Purpose of illegal Traffic, in the particular Voyage on which the Vessel shall be captured, then and on that account, according to the true Intent and Meaning of the Stipulations of the Treaty, such Vessel shall be detained by the Cruizers, and finally condemned by the Com missioners. Article II.-The High Contracting Parties hereby agree that, in the Event of the Absence, on account of Illness or of any other unavoidable Cause, of One or more of the Commissioners, Judges and Arbitrators, 'under the above mentioned Treaty, or in the Case of their Absence in Consequence of Leave from their Government, duly notified to the Board of Commissioners sitting Y y 3 Further addi-* tional Article to Treaty with the Netherlands, 'sitting under the said Treaty, their Posts shall be supplied in the same Manner in which, by the Article IXth of the Regula tions for the Mixed Commissions, those Vacancies in the Com'mission are to be supplied which may occur by the Death of 'One or more of the Commissioners aforesaid. The explanatory and additional Articles above mentioned ⚫ shall be submitted to the Ratification of the respective Sove' reigns, and shall have the same Force and Effect as if they were inserted Word for Word in the Treaty of the Fourth of May One thousand eight hundred and eighteen above mentioned, and shall be held to form Part of the same. The Acts of Ratification shall be exchanged within the Space of One Month from this Date, or sooner, if possible. In Witness whereof the respective Plenipotentiaries have signed the present Act, and thereunto affixed the Seal of their ‹ Arms. 'Done at Bruxelles, this Thirty first Day of December 'Further additional Article to the before mentioned Treaty. Signed at Bruxelles January Twenty fifth One thousand eight hundred and twenty three. His Majesty the King of the United Kingdom of Great Bri 'tain and Ireland, and His Majesty the King of Netherlands, having thought fit to agree upon the following further Arrange ment, additional to the Treaty concluded between their afore'said Majesties at the Hague, on the Fourth of May One thousand eight hundred and eighteen, for the Prevention of the Trade in Slaves, and also in addition to the Two explanatory ⚫ and additional Articles executed by the Plenipotentiaries of their 'said Majesties, on the Thirty first of December One thousand eight hundred and twenty two, have named, authorized and ⚫ directed the same Plenipotentiaries to sign in their Names an Agreement ad hoc : His Majesty the King of the United Kingdom of Great Bri • tain and Ireland, the Right Honourable Richard Earl of Clan carty, Viscount Dunlo, Baron Kilconnel, Baron Trench of Gar bally in the United Kingdom of Great Britain and Ireland, One ' of His Majesty's Most Honourable Privy Council in Great Bri 'tain and also in Ireland, Member of the Committee of the First for the Affairs of Commerce and Colonies, Colonel of the Regi ment of Militia of the County of Galway, Vice Admiral of the Province of Connaught, Knight Grand Cross of the Most Honourable Order of the Bath and of the Royal Hanoverias Guelphic Order, Ambassador Extraordinary and Plenipotentiary of His said Majesty to His Majesty the King of the Netherlands Grand Duke of Luxembourg; and His Majesty the King of the Netherlands, Anne William Charles Baron de Nagell d'Ampses, Member of the Body of Nobles of the Province of Guelderland, • Knight Grand Cross of the Order of the Belgic Lion, and e 17 that 'that of Charles the Third, of the Legion of Honour, and of the Royal Hanoverian Guelphic Order, Chamberlain and Minister of 'State holding the Department of Foreign Affairs; who having exchanged their full Powers, found in good and due Form, have agreed upon the following additional Article: Additional Article. And it is hereby further agreed that upon Proof being duly 'given before the Mixed Court, whereupon it shall appear that any Ship or Vessel subject to Examination under the Treaty, or under the explanatory or additional Articles, and detained hovering or sailing upon the Coast of Africa within One Geographic Degree of the Westward thereof, and between the Twentieth Degree of Latitude North of the Equinoctial Line, ' and the Twentieth Degree of Latitude to the Southward there' of, or at Anchor within any of the Rivers, Bays or Creeks of the said Coast within the Limits above particularly specified, or ' at anchor at any Part within the said Limits, and which Ship or 'Vessel in her Outfit and Equipment shall fall within One or more ' of the following Designations; namely, 'First-Having her Hatches fitted with open Gratings, instead ' of being close Hatches, as usual in Merchant Vessels. Second-Having more Divisions or Bulk Heads in the Hold ' or on Deck than necessary for trading Vessels. • Third Having on board spare Plank, either actually fitted in that Shape, or fit for readily laying a Second or Moveable. 'Deck or Slave Deck. Fourth-Having on board Shackles, Bolts or Handcuffs. Fifth - Having on board an unreasonable Quantity of Water ' in Casks or in Tanks, more than sufficient for the Consumption ' of her Crew as a Merchant Vessel. 'Sixth-Having on board an unreasonable Number of Water 'Casks or other Vessels for holding Water, unless the Master 'shall produce a Certificate from the Custom House, from the 'Place from which he cleared outwards, stating that a sufficient Security had been given by the Owners of such Vessel that 'such extra Quantity of Casks or other Vessels should only be ' used for the Reception of Palm Oil. • Seventh- Having on board a greater Quantity of Mess Tubs or Kids than requisite for the Use of her Crew as a Merchant < Vessel. Eighth - Having on board Two or more Copper Boilers, or even One of an unreasonable Size, larger than requisite for the Use of her Crew as a Merchant Vessel. • Ninth Having on board an unreasonable Quantity of Rice or Farinha, (Flour of the Manioc of Brazil or Cassada), or 'Maize or Indian Corn, beyond any probable requisite Provision for the Use of her Crew; and such Rice, Flour, Maize or Indian ⚫ Corn, not being entered on the Manifest as Part of the Cargo for Trade. "The Proof of these, or of any One or more of these several Indi'cations, shall be considered as primâ facie Evidence of her 'actual Employment in the Slave Trade, and unless rebutted by satisfactory Evidence upon the Part of the Master or Owners, Y y 4 that |