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exhibition of any description of such design, prejudice the right of any person to register provisionally or otherwise such desigu, or invalidate any provisional or other registration that may be granted for such design.

ACT of the British Parliament, to carry into effect the Treaty between Her Majesty and the United States of America of April 7, 1862, for the Suppression of the African Slave Trade,

[25 & 26 Vict. cap. 40.]

[July 17, 1862.]

WHEREAS on the 7th day of April, in the year of our Lord 1862, a Treaty was concluded and signed at Washington, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and The United States of America, for the suppression of the African Slave Trade, whereby it was agreed as follows:

[Here follows the Treaty. See Page 50.]

And whereas it is expedient that provision should be made for giving effect to the provisions of the said Treaty and Annexes: be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

I. It shall be lawful for any officer commanding any ship of war of Her Majesty or of the United States of America, not below the rank of Lieutenant of the Royal Navy (unless by the death of the Commander of such ship or otherwise the command thereof shall have devolved upon an officer of inferior rank, and then for such last-mentioned officer), and who shall be duly instructed and authorized, according to the provisions of the said Treaty, and for any officer not below the rank of Lieutenant in the Royal Navy who shall be acting under the orders of any officer commanding a ship of war so instructed and authorized as aforesaid, to visit and search any merchant vessel of either of the said two nations which shall upon reasonable grounds be suspected of being engaged in the traffic in slaves, or of having been fitted out for that purpose, or of having been engaged in such traffic during the voyage in which such vessel is met, aud to detain and send or carry away such vessel, together with its masters, sailors, passengers, slaves, and cargo, for the purpose of such vessel being brought to adjudication before one of the Mixed Courts of Justice, to be established in virtue of Article IV of the said Treaty; and all such commanders and other officers in the exercise of such rights shall comply with the several

provisions and instructions of the said Treaty which apply thereto respectively.

II. All ships and vessels belonging wholly or in part to Her Majesty's subjects which shall be suspected upon reasonable grounds of being engaged in the traffic in slaves, or of having been fitted out for that purpose, or of having been engaged in such traffic during the voyage in which such vessel is met, and all boats, apparel, and cargoes therein, shall be subject to search and detention by British or American vessels of war duly authorized for that purpose according to the stipulations of the said Treaty, and subject to condemnation or other judgment by the judges and arbitrators of the Mixed Courts of Justice to be appointed according to the provisions of the said Treaty.

III. It shall be lawful for Her Majesty, by any warrant under Her Royal Sign Manual, countersigned by one of Her Majesty's Principal Secretaries of State for the time being, to appoint such judges and arbitrators as are in and by the said treaty mentioned to be appointed by Her Majesty, and from time to time to supply any vacancies which may arise in such offices by appointing other persons thereto, and to grant salaries to such judges and arbitrators as aforesaid, not exceeding such annual sums as the Commissioners of Her Majesty's Treasury shall from time to time direct; and such judges and arbitrators shall be empowered to examine and decide all such cases of detention, captures, and seizures of vessels and their cargoes as aforesaid, detained, seized, or captured under the said Treaty, as are by the said Treaty and by this Act made subject to their jurisdiction, and to proceed therein, and give such judgments and make such orders therein, and do all other things appertaining thereto, agreeably to the provisions of the said Treaty, as fully as if special powers for that purpose were inserted in this Act.

IV. It shall be lawful for Her Majesty, by any warrant under Her Royal Sign Manual, countersigned by one of Her Majesty's Principal Secretaries af State for the time being to appoint a secretary or registrar to each of the Mixed Courts of justice which shall be established in Her Majesty's dominions, and from time to time to supply by other appointments any vacancy which may thereafter occur in such office, and to grant a salary to such secretary or registrar not exceeding such annual sum as the said Commissioners of Her Majesty's Treasury shall from time to time direct; and such secretary or registrar shall be empowered to perform all the duties of such office set forth by the said Treaty, and to do all such things as may be necessary for the due discharge of the duties. of his said office.

V. In case of the death, sickness, absence on leave, or any other legal impediment of any such British judge of any of the said

courts established by virtue of the said Treaty, the British arbitrator of such court shall fill the office of such judge ad interim until the office shall be thereafter filled by some person appointed by Her Majesty, or until such judge shall resume the duties of his said office; and in case of the vacancy of the office of British arbitrator of the Mixed Court established by virtue of the said Treaty in the possessions of Her Majesty, or in case of the death, sickness, absence on leave, or other impediment of the said arbitrator of the said court of justice, the office of such arbitrator shall be filled ad interim successively by the Governor or Lieutenant-Governor resident in such possession, by the principal magistrate in the same, and by the Secretary of the Government, until the said office shall be filled by some person appointed by Her Majesty, or until such arbitrator shall resume the duties of his said office; and in case of the death, sickness, absence on leave, or other legal impediment of the British arbitrator in the Mixed Court of justice established by virtue of the said Treaty within the possessions of the United States of America, or in case of his assuming ad interim the duties of a judge of the said Mixed Court as aforesaid, the office of such British arbitrator shall be filled ad interim successively by the British Consul and British Vice-Consul resident in such possession; and in case of such vacancy of the offices both of such British judge and British arbitrator, then that such office of judge shall be filled by the British Consul and such office of British arbitrator by the British Vice-Consul; and in case there shall be no British Consul or Vice-Consul at such place, then it shall be lawful for The United States' arbitrator to act in all those cases in which a British arbitrator, if there were any, would be required to act; and in case of such vacancy in the offices both of British judge and British arbitrator, and there should be neither a British Consul nor British Vice-Consul resident at such place, then it shall be lawful for The United States' judge and United States' arbitrator of such court to sit in such court, and in all cases brought before them for adjudication to adjudge the same, and pass sentence accordingly, until the said offices shall respectively be thereafter filled by some person or persons appointed by Her Majesty, or until the said British judge and British arbitrator shall resume the duties of their said offices respectively.

VI. In case of the death, sickness, absence on leave, or any other legal impediment of any such United States' judge of the said Court established by virtue of the said Treaty within the territories of The United States, the place of such United States' judge shall be filled by The United States' arbitrator ad interim until the office shall be thereafter filled by some person appointed by the said United States, or until such judge shall resume the duties of his said office; and in

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VIII. Every such judge and arbitrator so appointed by Her Majesty, before he shall enter upon the execution of any of the duties of such his office, shall take an oath in presence of the principal magistrate then residing and acting in the colony, settlement, or place in which the Mixed Court shall be established, whether belonging to Her Majesty or to the United States of America; which oath any such magistrate shall be authorized to administer in the form following (that is to say):

courts established by virtue of the said Treaty, the British arbitrator of such court shall fill the office of such judge ad interim until the office shall be thereafter filled by some person appointed by Her Majesty, or until such judge shall resume the duties of his said office; and in case of the vacancy of the office of British arbitrator of the Mixed Court established by virtue of the said Treaty in the possessions of Her Majesty, or in case of the death, sickness, absence on leave, or other impediment of the said arbitrator of the said court of justice, the office of such arbitrator shall be filled ad interim successively by the Governor or Lieutenant-Governor resident in such possession, by the principal magistrate in the same, and by the Secretary of the Government, until the said office shall be filled by some person appointed by Her Majesty, or until such arbitrator shall resume the duties of his said office; and in case of the death, sickness, absence on leave, or other legal impediment of the British arbitrator in the Mixed Court of justice established by virtue of the said Treaty within the possessions of the United States of America, or in case of his assuming ad interim the duties of a judge of the said Mixed Court as aforesaid, the office of such British arbitrator shall be filled ad interim successively by the British Consul and British Vice-Consul resident in such possession; and in case of such vacancy of the offices both of such British judge and British arbitrator, then that such office of judge shall be filled by the British Consul and such office of British arbitrator by the British Vice-Consul; and in case there shall be no British Consul or Vice-Consul at such place, then it shall be lawful for The United States' arbitrator to act in all those cases in which a British arbitrator, if there were any, would be required to act; and in case of such vacancy in the offices both of British judge and British arbitrator, and there should be neither a British Consul nor British Vice-Consul resident at such place, then it shall be lawful for The United States' judge and United States' arbitrator of such court to sit in such court, and in all cases brought before them for adjudication to adjudge the same, and pass sentence accordingly, until the said offices shall respectively be thereafter filled by some person or persons appointed by Her Majesty, or until the said British judge and British arbitrator shall resume the duties of their said offices respectively.

VI. In case of the death, sickness, absence on leave, or any other legal impediment of any such United States' judge of the said Court established by virtue of the said Treaty within the territories of The United States, the place of such United States' judge shall be filled by The United States' arbitrator ad interim until the office shall be thereafter filled by some person appointed by the said United States, or until such judge shall resume the duties of his said office; and in

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