ANNEX AARTICLE III.

The commander of any ship of the two navies, duly authorized as aforesaid, who may detain any merchant vessel in pursuance of the present instructions, shall leave on board the vessel so detained, the master, the mate, or boatswain, and two or three, at least, of the crew thereof; the whole of the slaves (if any) and all the cargo.

The captor shall, at the time of detention draw up in writing an authentic declaration, which shall exhibit the state in which he found the detained vessel; and such declaration shall be signed by himself, and shall be given in, or sent, together with the captured vessel, to the mixed court of justice before which such vessel shall be carried or sent for adjudication. The captor shall deliver to the master of the detained vessel, a certified list of the papers seized on board the same, as well as a statement of the number of slaves found on board at the moment of detention.

In the authenticated declaration which the captor is hereby required to make, as well as in the certified list of the papers seized, he shall insert his own name, the name of the captured ship, the latitude and longitude of the place where the detention shall have taken place, and the number of slaves found on board the vessel at the time of the detention.

The officer in charge of the vessel detained shall at the time when he brings the vessel's papers into the mixed court of justice, deliver into the court a paper signed by himself, and verified on oath, stating any changes which may have taken place in respect to the vessel, or her crew, the slaves (if any) and her cargo, between the period of her detention, and the time of delivering in such paper.

ANNEX AARTICLE IV.

The slaves shall not be disembarked till after the vessel which contains them shall have arrived at the place of adjudication; and even after the vessel has arrived at such place, they shall

not be landed without the permission of the mixed Court of Justice.

But if urgent reasons, deduced from the length of the voyage, from the state of health of the slaves, or from other causes, should require, that either the whole or a portion of the negroes shall be desembarked, or be transhipped, before the vessel can arrive at the place at which one of the said Courts is established, or after her arrival there, and before adjudication; the commander of the capturing ship may take upon himself the responsability of so disembarking or transhipping the negroes, provided that 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 12th article of the Treaty signed by them on this day, the twenty fourth of May 1839, 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.

L. S.-J. H. Mandeville.

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.

ANNEX B - 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, with

out 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 secretary 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 expences of such Courts.

ANNEX B-ARTICLE II.

The expences 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 expences, then the de

ficiency 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 expences occasioned by bringing her to adjudication shall be paid by the captor, excepting in the cases specified and otherwise provided for by article 9 of the Treaty to which these regulations form an annex and by article 7 of these regulations.

ANNEX B-ARTICLE III.

The mixed Courts of Justice are to decide upon the legality of the detention of such vessel, as the cruisers of either nation shall, in pursuance of the said Treaty, detain.

These Courts shall judge definitively and without appeal all question 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 have been employed in the slave trade, or to have been fitted out for the purpose 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 expence 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.

ANNEX B 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 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.

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