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Meeting of British Treaty Commissioners in London on October 6, 1802, issuing orders on interest calculations for compensation awards on legal captures, including rules for cargo, vessels, expenses, and installments. Additional order from October 2 on awards payable to US agent.
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At a meeting of the Commissioners appointed under the 6th article of the British Treaty to decide upon legal captures, held at London, on Wednesday the 6th day of October, 1802.
Ordered, That Mr. Cabot, assisted by the Secretary of the board, subjoin to such of the reports of Messrs. Cabot & Glennie, as have been examined and approved, an estimate of the interest at the rate of 6 per cent. to be included in the amount of compensation to be awarded according to the following rules, viz.
Upon sums allowed in the said reports, for the nett value of cargo and adventures, interest is to commence from the time when such value would probably have been received, i. e. from the expiration of 3 months, after the probable time of arrival at the port of destination. The same rule is to be applied to sums allowed for the value of the vessel, for freight, for demurrage, for costs and expences incurred, or disbursements of whatever kind, made before the expiration of the said three months.
Upon sums allowed for costs and expences incurred after the expiration of the said three months, and actually paid by the parties, or their Agents (not including such as have been paid by the government of the United States) and generally for all disbursements, of whatsoever kind, actually made by the said parties or their agents, after the expiration of the said three months, interest is to commence from the time of the expenditure, except only when the items of expenditure, consisting of general charge, have different dates, not greatly distant from each other, in which case the latest date only shall be taken.
The sum in every award being payable according to the late convention, in three equal annual instalments, the first whereof will be due on the 15th day of July, 1803, the sums reported are to be divided into thirds, and interest is to be estimated on one of these thirds to the time when the first instalment is payable: on another of these thirds to the time when the second instalment is payable, and so on of the other third; and the results of each estimate being added together, and to the whole principal, the total is again to be divided into thirds as the instalments of the award.
Whatsoever sums have been received from the captors of the British government, are to be credited at the time of payment, by deducting the same from the principal and interest then due, and the further calculation of interest is to be made on the balance only.
Where the vessel and cargo belong to different claimants: and generally where there are several claimants, not partners in trade, having interests which it may be perfectly practicable and convenient to separate, distinct calculations are to be made for the share of every such claimant.
Order of the Board.
2d October, 1802.
"That in cases where the agent of the United States is memorialist, the awards shall be made payable to him, his executors, administrators, or assigns, in trust for claimants, unless when at the express desire of the claimants, signified by some writing, duly executed and authenticated, the same shall, in the discretion of the board, be directed to be made payable to the claimants themselves, or to a private agent or agents named and appointed for that purpose by them. In which cases care shall be taken that the government of the U. States shall be reimbursed for its advances for costs and expences therein, and indemnified for its responsibility for any such costs and expences to the satisfaction of the public agent."
N. B. The agent of the United States is memorialist in all, or nearly all the cases.
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Foreign News Details
Primary Location
London
Event Date
Wednesday The 6th Day Of October, 1802
Key Persons
Outcome
rules established for calculating 6% interest on compensation awards for legal captures, payable in three annual installments starting july 15, 1803; awards payable to us agent in trust for claimants unless otherwise directed.
Event Details
Commissioners under the 6th article of the British Treaty met to order interest estimates on approved reports for compensation on captures, with specific rules for starting interest on cargo values, vessel, freight, expenses, and disbursements; handling of installments, credits from British payments, and separate calculations for multiple claimants. Additional order from October 2, 1802, on payment to US agent.