184 PUBLIC TREATIES. shall retain, which receipt shall be annexed to a copy of the said papers; and it shall be unlawful to break up or open the hatches, chests, trunks, casks, bales, or vessels found on board; or remove the smallest part of the goods, unless the lading be brought on shore in presence of the competent odlcers, and an inventory be made by them of the same. Nor shall it be lawful to sell, exchange, or alienate the said articles of contraband in any manner, unless there shall have been lawful process, and the competent judge or judges shall have pronounced agamst such goods sentence of conllscation. Arrrronn XXI. Trestmentofpu- And in such time of war, that proper care may be taken of the vessel
- 86*** ud °’°"· and cargo, and embezzlement prevented, it is agreed that it shall not
be lawful to remove the master, commander, or supercargo of any captured ship from on board thereof, during the time the ship may be at sea after her capture, or pending the proceedings against her, or her cargo, or anything relating thereto; and in all cases where a vessel of the citizens of either party shall be captured or seized and held for adjudication, her officers, passengers, and crew shall be hospitably treated. They shall not be imprisoned or deprived of any part of their wearing apparel, nor of the possession and use of their money, not exceeding for the captain, snpercargo, mate, and passengers five hundred dollars each, and for the sailors one hundred dollars each. Anrrom XXII. Prize mum and It is further agreed that in all cases the established courts for prize d°°'°°¤- causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either of the parties shall pronounce judgment against any vessel or goods, or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of the said vessel without any delay, he paying the legal fees for the same. ARTICLE XXIII. Tr,,,;,,,,,,,, of When the ships of war of the two contracting parties, or those belongprizes. ing to their citizens, which are armed in war, shall be admitted to enter with their prizes the ports of either of the two parties, the said public or private ships, as well as their prizes, shall not be obliged to pay any duty either to the officers of the place, thejudges, or any others; nor shall such prizes, when they come to and enter the ports of either party, be arrested, or seized, nor shall the officers of the place make examination concerning the lawfulness of such prizes, but they may hoist sail at any time and depart and carry their prizes to the places expressed in their commissions, which the commanders of such ships of war shall be obliged to show. _ It is understood, however, that the privileges conferred by this article shall not extend beyond those allowed by law or by treaty with the most favored nations. Anrrom XXIV. Privateer; or It shall not be lawful for any foreign privateers who have commissions h¢>¤¢¤i¤ 1¤¤W¤¤"¤· from any prince or State in enmity with either nation, to tit their ships in the ports of either, to sell their prizes, or in any manner to exchange them; neither shall they be allowed to purchase provisions, except such as shall be necessary to their going to the next port of that prince or State from which they have received their commissions.
