case of the death, sickness, absence on leave of the said United States' arbitrator of such court, or in case of his assuming ad interim the duties of The United States' judge of the said court as aforesaid, the place of such arbitrator shall be filled by the said judge of The United States for the Southern district of New York; and it shall be lawful for the said court so constituted as aforesaid to act, and in all cases brought before them for adjudication to adjudge the same, and pass sentence accordingly.

VII. In case of the death, sickness, absence on leave, or any other legal impediment of any such United States' judge of any of the courts established by virtue of the said Treaty which shall sit within the possession of Her Majesty, the place of such United States' judge shall be filled by The United States' arbitrator; and in case of the death, sickness, absence on leave, or other legal impediment of The United States' arbitrator, or in case his assuming al interim the duties of The United States' judge of the said Mixed Court, the office of such United States' arbitrator shall be filled by The United States' Consul, or in the unavoidable absence of the Consul by The United States' Vice-Consul; and in case the vacancy be both of The United States' judge and United States' arbitrator, then the vacancy of The United States' judge shall be filled by The United States' Consul, and that of the United States' arbitrator by The United States' Vice-Consul; and if there be no United States' Consul or Vice-Consul to fill the place of The United States' arbitrator, then it shall be lawful for the British arbitrator to act in all those cases in which The United States' arbitrator would be required to act; and in case the vacancy be both of The United States' judge and of The United States' arbitrator, and there be neither United States' Consul nor Vice. Consul to fill ad interim the vacancies, then it shall be lawful for the British judge and the British arbitrator to sit in such court; and in all cases brought before them for adjudication it shall be lawful for such court so constituted to adjudge the same, and pass sentence accordingly, until the said offices shall respectively be thereafter filled by some person or persons appointed by The United States, or until the said United States' judge and United States' arbitrator shall resume the duties of their said offices respectively.

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):

"I, A. B., do solemnly swear, that I will, according to the best of my skill and knowledge, act in the execution of my office as faithfully, impartially, fairly, and without preference or favour, either for claimants or captors or any other persons, and that I will to the best of my judgment and power act in pursuance of and according to the stipulations, regulations, and instructions contained in the Treaty between Her Majesty and the United States of America, signed at Washington on the 7th day of June, 1862."*

And every secretary or registrar appointed by Her Majesty under the provisions of the said Treaty and of this Act, before he enters on the duties of his said office, shall take an oath before one of the judges of the said Mixed Courts, who shall be empowered to administer the same in the form following (that is to say):

"I, A. B., do solemnly swear, that I will, according to the best of my skill and knowledge, act in the execution of my office, and that I will conduct myself with respect to the authority of the judges and arbitrators of the court to which I am attached, and will act with fidelity in all the affairs which may belong to my charge, and without preference or favour, either for claimants or captors or any other persons."

IX. It shall be lawful for the said judges or arbitrators, or either of them, or for any such secretary or registrar, to administer oaths to and take the depositions of all parties, witnesses, and other persons who may come or be brought before them to be examined, or for the purpose of deposing in the course of any proceeding before the said judges or arbitrators under the said Treaty and this Act; and it shall also be lawful for the said judges and arbitrators to summon before them all persons whom they may deem it necessary or proper to examine in relation to any proceeding under their cognizance, and to send for and issue precepts for the producing all such papers as may relate to the matters in question before them, and to enforce all such summonses, orders, and precepts by such and the like means, powers, and authorities as any Court of Vice-Admiralty may do.

X. Every person who shall wilfully and corruptly give false evidence in any examination or deposition had or affidavit taken in any proceeding before the judges or arbitrators aforesaid under the said Treaty or this Act shall be deemed guilty of perjury, and being thereof convicted shall be subject and liable to all the pains and penalties to which persons convicted of wilful and corrupt perjury are liable; and every such person may be tried for any such perjury either in the place where the offence was committed or in any colony or settlement of Her Majesty near thereto in which there is Should have been 7th day of April- Error corrected by subsequent Act. See Page 464.

a court of competent jurisdiction to try any such offence, or in Her Majesty's Court of Queen's Bench in England; and in case of any prosecution for such offence in Her Majesty's said Court of Queen's Bench the venue may be laid in the county of Middlesex.

XI. The pendency of any suit or proceeding instituted before the said judges or arbitrators for the condemnation or restitution of any ship or cargo of slaves taken, seized or detained by virtue of the said Treaty, or the final adjudication, condemnation, or judgment or determination thereupon, may be pleaded in bar or given in evidence under the general issue, and shall be deemed in any court whatever to be a complete bar in any action, suit, or proceeding instituted by any person or persons for the recovery of any such ship, vessel, or cargo, or of any damage or for any injury sustained in consequence of any capture, seizure, or detention, or anything done in pursuance of the provisions of the said Treaty.

XII. If any of the particulars specified in Article VI of the said Treaty shall be found in the outfit and equipment of or on board of any such merchant vessel wholly or in part owned by subjects of Her Majesty, and visited and detained in pursuance of the said Treaty, such vessel, unless proof be given to the contrary shall be taken to have been engaged in the Slave Trade, or to have been fitted out for the purpose of such traffic, and to be equipped and employed for the purposes declared unlawful by an Act of Parliament passed in the 5th year of the reign of His Majesty King George IV, [c. 113,]* intituled "An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade."

XIII. Immediately after sentence of condemnation upon a vessel charged with being concerned in illegal Slave Trade shall have been passed by the Mixed Court of Justice established under the said Treaty, all negroes or others who were on board for the purpose of being consigned to slavery shall be delivered over to the Government to whom belongs the cruizer which made the capture.

XIV. Any ship or vessel which shall be condemned under any such authority as aforesaid may be taken into Her Majesty's service, upon payment of such sum as the Lord High Admiral or the Lords Commissioners of the Admiralty shall deem a proper price for the same, or if not so taken shall be broken up and demolished, and the materials thereof shall be publicly sold in separate parts, and the proceeds thereof, and of the goods, wares, and merchandize laden therein, shall be paid to such person or persons as the Commissioners of Her Majesty's Treasury may appoint to receive the same.

XV. Where any ship or vessel employed or engaged in illicit traffic in slaves, in violation of the said Treaty, shall be seized by any ship or vessel belonging to Her Majesty duly authorized to

* Vol. XI. Page 656.

make such seizure under the provisions of the said Treaty, and shall be afterwards condemned by any of the Commissioners appointed in virtue of the said Treaty, there shall be paid to the captors the portion to which Her Majesty is entitled, such portion to be distributed in the manner hereinafter directed for the distribution of bounties on slaves taken on board the said vessels.

XVI. For the purpose of giving effect to Article IX of the said Treaty, it shall be lawful for one of Her Majesty's Principal Secretaries of State, with respect to persons being within the United Kingdom of Great Britain and Ireland, and for the Governor, Lieutenant Governor, or principal magistrate of any other part of Her Majesty's dominions, with respect to persons being within such other part of Her Majesty's dominions, if he shall think fit, by order in writing under his hand, to direct that the captain, master, pilot, or any of the crew of any vessel which shall have been so condemned as mentioned in the said Article IX, or any other person found on board such vessel at the time of capture, shall be forthwith conveyed within the jurisdiction of the nation under whose flag such vessel so condemned as aforesaid was sailing at the time of capture, or to which such vessel may belong; and when any such order shall have been made as aforesaid, it shall be lawful to arrest and detain within any part of Her Majesty's dominions any person in respect of whom any such order shall have been made as aforesaid; and it shall be lawful for any judge, justice of the peace, headborough, peace officer, constable, or other person having the like authority, to cause to be arrested and detained, and to arrest and detain, for the purpose of being conveyed within the proper jurisdiction, any person in respect of whom such order shall have been made as aforesaid, as fully and effectually as if such person had committed a felony within the jurisdiction where such person may be.

XVII. When any such order shall have been made, such Secretary of State, Governor, Lieutenant Governor, or other principal magistrate making such order shall be empowered to take all such measures as to him shall seem requisite and expedient for the purpose of securing the attendance of witnesses and the production of proofs necessary to establish the guilt of the person or persons with respect to whom such order shall have been made before the court or judge having the proper jurisdiction in that behalf.

XVIII. There shall be paid to the commanders, officers, and crews of Her Majesty's ships authorized to make seizures under the said Treaty a bounty of 57. for every man, woman and child slave seized and found on board a British or American ship or vessel taken and condemned in pursuance of the provisions of the said Treaty and of this Act, such bounty to be distributed to and amongst the captors aforesaid in such manner and proportions as Her Majesty shall think

fit to order by any Order in Council, or by any proclamation to be made for that purpose.

XIX. Where any ship or vessel which shall have been seized and condemned under the provisions of the Treaty aforesaid shall have been or shall be demolished, and the materials thereof publicly sold in separate parts, as well as her cargo, there shall be paid to the commanders, officers, and crews of Her Majesty's ships authorized to make and making such seizures, in addition to the amount which may be payable in respect of Her Majesty's portion of the proceeds of such sale, as hereinbefore mentioned, a further bounty on the tonnage of such ship or vessel at the rate of 30s. for every ton of such tonnage.

XX. Where any ship or vessel having no slaves on board shall have been seized and condemned under the provisions of the said Treaty, there shall be paid to the commanders, officers, and crews of Her Majesty's ships authorized to make and making such seizure an additional bounty upon the tonnage of such ship or vessel at the rate of 41. for every ton, and the tonnage of all such vessels shall be ascertained according to the mode of ascertaining the admeasurement of British vessels, either by the principal officer of the Customs at the port where the vessel may be at the time of condemnation, or in default thereof by the best evidence which can be obtained, to be certified by the Commissioners by whom such condemnation shall be pronounced: Provided always, that in every case in which any ship or vessel shall be seized with slaves on board in which the bounty calculated upon the number of slaves shall be less than the bounty calculated upon the tonnage, the commanders of Her Majesty's ships making the seizure may elect to take the bounty calculated according to tonnage, instead of the bounty which would be payable upon the number of slaves on board.

XXI. All bounties payable under this Act shall be paid out of any moneys that may be provided by Parliament for that purpose to the commanders, officers, and crews of Her Majesty's ships authorized to make such seizures under the provisions of any such Treaty or Convention, and such bounties shall be issued and paid by order from the Commissioners of Her Majesty's Treasury.

XXII. The said bounty, as also all bounties payable under any of the Acts for the abolition or suppression of the Siave Trade, shall not hereafter be charged with treasury fees or exchequer fees of any description.

XXIII. In order to entitle the captors to receive the said bounty money, the tonnage of the ship or vessel so seized and condemned shall be proved to the Commissioners of Her Majesty's treasury by producing a copy duly certified of the sentence or decree of condemnation, or by such documentary or other evidence as they may deem satisfactory.