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226 And not having contraband merchandize on board for an enemys port they may freely and without hindrance pursue their voyage to the place to the place of their destination Nevertheless in the exhibition of papers shall ^not^ be demanded of Merchant ships under the convey of vessels of war but credit shall be given to word of the officer commanding the convey Art 13 If on producing the said certificates it be discovered that the vessel carries some of the goods which are declared to be prohibited or contraband and which are conveyed to an enemys port it shall not however be lawfull to break up the hatches of such ships nor to open any chest coffers packs casks or vessels nor to remove or displace the smallest part of the merchandizes unto the cargo has been landed in the presences of officers appointed for the purpose and until an inventory thereof has been taken nor shall it be lawful to sell exchange or alienate the cargo or any part thereof until legal process shall have been had against the prohibited merchandizes and sentence shall have passed declaring them liable to confiscation saying as well the ships themselves as the other merchandizes which shall have been found thereing which by virtue of this present treaty are to be esteemed free and which are not to be detained on pretence of their having been loaded with prohibited Merchandize and much Less confixted as lawful prize and in case the contraband merchandize be only a part of the cargo and the master of the Vessel agrees consents and offers to deliver them to the Vessel that has discovered them in that case the latter after receiving the Merchandizes which are good prize shall immediately let the vessel up and shall and by any means hinder her from pursuing her voyage to the place of her destination when a vessel is taken and brought into any of the ports of the contracting parties if upon examination she be found to be loaded only with Merchandizes declared to be free the owner or he who has made the prize shall be bound to pay all cash and Damages to the master of the Vessel unjustly detained Art 14 It is likewise agreed that whatever shall be found to be laden by the subjects of either of the two contracting parties on a ship belonging to the enemies of the other party the whole effects although not of the Number of those declared contraband shall be confiscated as they belong to the enemy excepting nevertheless such goods and merchandizes as were put on board before the declaration of war and even six months after the declaration after the declaration after which term none shall be presumed to be ignorant of it which merchandizes shall not in any manner be subject to confiscation but shall be faithfully and specifically delivered to the owners who shall Claim or cause them to be claimed before confiscation and sale as also their proceeds if the claim be made within eight months and Could not be made sooner after the sale which is to be public provided nevertheless that if the said Merchandizes be contraband it shall not be in any wise Lawfull to carry them afterward to a port belonging to the enemy Art 15 And that more effectual care may be taken fro the security of the two contracting parties that they suffer no prejudice by the men of war of the other party or by privateers all captains and commanders of ships of his Swedish majesty and of the United States and all their subjects shall be forbidden to do any Injury or Damage to those of the other party and if they act to the contrary having been found guilty on examination by their proper Judges they shall be bound to make satisfaction for all Damages and the Interest thereof and to make them (good) |
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| Volume 728, Page 226 View pdf image |
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