D. For other regular charges in such case of total loss.

2. In all other cases, not of total loss, save as hereinafter mentioned, the claimant or claimants shall be indemnified ;

A. For all special damages and expenses occasioned to the ship by the detention, and for loss of freight when due or payable.

B. For demurrage, according to the schedule annexed to the present Article.

C. For any deterioration of the cargo.

D. For all premium of insurance on additional risks.

Further, the claimant or claimants shall be entitled to interest, at the rate of 5 per cent. per annum, on the sum awarded, until such sum is paid by the Government to which the capturing ship belongs; the whole amount of such indemnifications shall be calculated in the money of the country to which the detained vessel belongs, and shall be paid at the rate of exchange current at the time of the award.

The two High Contracting Parties, however, have agreed, that if it shall be proved to the satisfaction of the judges of the two nations, and without recourse to the decision of an arbitrator, that the captor has been led into error by the fault of the master or commander of the detained vessel, the detained vessel in that case shall not have the right of receiving, for the time of her detention, the demurrage stipulated by the present Article, nor any other compensation for losses, damages, or expenses, consequent upon such detention.

SCHEDULE of Demurrage or daily allowance for a vessel of

VIII. Neither the judges, nor the arbitrators, nor the secretaries of the Mixed Courts of Justice, shall demand or receive

from any of the parties concerned in the cases which shall be brought before such Courts, any emolument or gift, under any pretext whatsoever, for the performance of the duties which such judges, arbitrators, and secretaries, have to perform.

IX. The two High Contracting Parties have agreed that, in the event of the death, sickness, absence on leave, or other legal impediment, of one or more of the judges or arbitrators composing the above-mentioned Courts respectively, the post of such judge or of such arbitrator shall be supplied, ad interim, in the following manner :

1. On the part of Her Britannic Majesty, and in that Court which shall sit within the possessions of Her said Majesty,—if the vacancy be that of the British judge, his place shall be filled by the British arbitrator; and either in that case, or if the vacancy be originally that of the British arbitrator, the place of such arbitrator shall be filled, successively, by the Governor or Lieutenant-Governor resident in such possession, by the principal magistrate of the same, and by the secretary of the Government; and the said Court, so constituted as above, shall sit, and in all cases brought before them for adjudication, shall proceed to adjudge the same, and to pass sentence accordingly.

2. On the part of Great Britain, and in that Court which shall sit within the possessions of the Republic of Bolivia,—if the vacancy be that of the British judge, his place shall be filled by the British arbitrator; and either in that case, or if the vacancy be originally that of the British arbitrator, the place of British arbitrator shall be filled successively by the British Consul and British Vice-Consul, if there be a British Consul or British Vice-Consul appointed to, and resident in, such possession; and if the vacancy be both of the British judge and of the British arbitrator, then the vacancy of the British judge shall be filled by the British Consul, and that of the British arbitrator by the British Vice-Consul, if there be a British Consul and a British Vice-Consul appointed to, and resident in, such possession; and if there shall be no British Consul or British Vice-Consul to fill the place of British arbitrator, then the Bolivian arbitrator shall be called in, in those cases in which a British arbitrator, if there were any; would be called in; and in case the vacancy be both of the British judge and British arbi

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trator, and there be neither British Consul nor British ViceConsul to fill, ad interim, the vacancies, then the Bolivian judge and Bolivian arbitrator shall sit, and in all cases brought before them for adjudication, shall proceed to adjudge the same, and pass sentence accordingly.

3. On the part of the Republic of Bolivia, and in that Court which shall sit within the territories of the said Republic,-if the vacancy be that of the Bolivian judge, his place shall be filled by the Bolivian arbitrator; and either in that case, or if the vacancy be originally that of the Bolivian arbitrator, the place of such arbitrator shall be filled, successively, by the highest civil authority resident in such possession; by the principal magistrate of the same; and by the secretary of the highest civil authority and the said Court, so constituted as above, shall sit, and in all cases brought before them for adjudication, shall proceed to adjudge the same, and pass sentence accordingly.

:

4. On the part of the Republic of Bolivia, and in that Court which shall sit within the possessions of Her Britannic Majesty, if the vacancy be that of the Bolivian judge, his place shall be filled by the Bolivian arbitrator; and either in that case, or if the vacancy be originally that of the Bolivian arbitrator, the place of arbitrator shall be filled successively by the Bolivian Consul and Bolivian Vice-Consul, if there be a Bolivian Consul or Vice-Consul appointed to, and resident in, such possession; and if the vacancy be both of the Bolivian judge and of the Bolivian arbitrator, then the vacancy of the Bolivian judge shall be filled by the Bolivian Consul, and that of the Bolivian arbitrator by the Bolivian Vice-Consul, if there be a Bolivian Consul and a Bolivian Vice-Consul appointed to and resident in, such possession: and in the case in which there be no Bolivian Consul or Vice-Consul to fill the place of Bolivian arbitrator, then the British arbitrator shall be called, in those cases in which a Bolivian arbitrator would be called in: and in case the vacancy be both of the Bolivian judge and Bolivian arbitrator, and there be neither Bolivian Consul nor Bolivian Vice-Consul to fill, ad interim, the vacancies, then the British judge and British arbitrator shall sit, and in all cases brought before them for adjudication, shall proceed to adjudge the same, and to pass sentence accordingly.

The highest civil authority of the settlement wherein either of the Mixed Courts of Justice shall sit, shall, in the event of a vacancy arising either of the judge or the arbitrator of the other High Contracting Party, forthwith give notice of the same to the highest civil authority of the nearest settlement of such other High Contracting Party, in order that such vacancy 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 which may arise in the above-mentioned Courts from death, or from any other cause whatever.

The Undersigned Plenipotentiaries have agreed, in conformity with the XIIIth Article of the Treaty signed by them on this day, the 25th of September, 1840, that the preceding regulations, consisting of 9 Articles, shall be annexed to the said Treaty, and considered as an integral part thereof. The 25th day of September, 1840.

(L.S.) BELFORD HINTON WILSON. (L.S.) JOSE MA LINARES.

ANNEX (C). Regulations for the good treatment of liberated Negroes.

ART. I. The object and spirit of these Regulations is to secure to Negroes liberated by virtue of the stipulations of the Treaty to which these Regulations form an Annex, (marked C.,) permanent good treatment, and full and complete freedom in conformity with the humane intentions of the High Contracting Parties.

II. Immediately after sentence of condemnation shall have been passed by a Mixed Court of Justice established under the Treaty to which these Regulations form an Annex, on a vessel charged with being concerned in illegal slave trade, all Negroes who were on board such vessel, and who were brought on board for the purpose of traffic, shall be delivered over to the Government to whom belongs the cruizer which made the capture.

III. If the cruizer which made the capture is British, the British Government engages that the Negroes shall be treated

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in exact conformity with the laws in force in the British colonies for the regulation of free, or of emancipated Negroes.

IV. If the cruizer which made the capture is Bolivian, then the Negroes shall be delivered over to the Bolivian authorities of that place in the dominions of the Republic of Bolivia, in which the Mixed Court of Justice is established; and the Bolivian Government solemnly engages that such Negroes shall there be treated strictly according to the regulations actually in force in the Republic of Bolivia, with respect to free Negroes, or according to such regulations as may in future be established in the Republic of Bolivia in this respect; and which regulations shall always have in view, the humane object of securing honestly and faithfully to emancipated Negroes, the unmolested enjoyment of their liberty, good treatment, a knowledge of the tenets of the Christian religion, advancement in morality and civilization, and sufficient instruction in the mechanical arts; in order that the said emancipated Negroes may be enabled to earn their own subsistence, whether as artisans, mechanics, or servants.

V. For the purpose which is explained in Article VI, there shall be kept in the office of the principal civil authority of the part of the possessions of the Republic of Bolivia, where the Mixed Court of Justice resides, a register of all emancipated Negroes; in which shall be entered, with scrupulous exactness, the names given to the Negroes, the names of the vessels in which they were captured, the names of the persons to whose care they have been committed, and any other circumstances likely to contribute to the end in view.

VI. The register to which the preceding Article refers, will serve to form a general return, which the highest civil authority of that part of the possessions of the Republic of Bolivia where the Mixed Court of Justice resides, shall be bound to deliver every 6 months to the aforesaid Mixed Commission, in order to show the existence of the Negroes emancipated under this Treaty, the improvement made in their condition, and the progress made in their religious and moral instruction, and in the arts of life. The aforesaid return shall also specify the names and descriptions of such of the emancipated Negroes as shall have died during the period for which the return is made

up.