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XXIV. In order to entitle the captors to receive the said bounty money, the number of men, women, and children so taken, delivered over, 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, and also a certificate under the hand of the proper officer or officers, military or civil, who may be appointed to receive such shares.

XXV. Where any slaves or persons treated as slaves shall be seized on board any British or American ship or vessel taken and condemned in pursuance of the said Treaty and of this Act, but who shall not have been delivered over in consequence of death, sickness, or other inevitable circumstance, it shall be lawful for the said Commissioners of Her Majesty's Treasury, if to their discretion it shall seem meet, to direct the payment of one moiety of the bounty which would have been due in each case respectively if the said slaves had been delivered over.

XXVI. Any party or parties claiming any benefit by way of bounty under the provisions of this Act, or of the share of the proceeds of any British or American vessel confiscated in pursuance of the provisions of the aforesaid Treaty, may resort to the High Court of Admiralty for the purpose of obtaining the judgment of the said Court in that behalf, and it sball be lawful for the judge of the said High Court of Admiralty to determine thereon, and also to hear and determine any question of joint capture which may arise upon any seizure made in pursuance of this Act, and also to enforce any decrees or sentences of the said Vice-Admiralty Courts relating to any such seizure.

XXVII. All the prorisions, rules, regulations, forfeitures, and penalties respecting the delivery by prize agents of accounts for examination, and the distribution of prize money, and the accounting for and paying over the proceeds of prize, and the percentage due thereon to Greenwich Hospital, shall be extended to all the bounties and proceeds to be distributed under the provisions of this Act to the officers and crew of any of Her Majesty's ships and vessels of war.

XXVIII. Where any ship or vessel belonging in whole or in part to subjects of Her Majesty or of the United States of America shall have been detained and brought to adjudication by any officers of Her Majesty the Queen of Great Britain and Ireland, and the said ship shall be restored by sentence of the Mixed Court, as is mentioned in Article V of the Annex (B) to the said Treaty, it shall be lawful for the Commissioners of Her Majesty's Treasury to direct payment to be made out of any moneys that may be provided by Parliament as aforesaid of any costs or damages which may be duly awarded according to the provisions of the said last-mentioned Article: Provided always, that nothing herein contained shall exempt

such officer from his liability to make good the payments so made when lawfully called upon by order of the said Commissioners of Her Majesty's Treasury.

XXIX. When any seizure shall be made by any of the commanders, officers, and crews of Her Majesty's ships authorized to make such seizures under the aforesaid Treaty, and judgment shall be given against the seizor, or when such seizure shall be relinquished by hiin, it shall be lawful for the said Commissioners of Her Majesty's Treasury, it to their discretion it shall seem meet, to direct payment to be made out of any moneys that may be provided by Parliament as aforesaid of such costs and expenses as the seizor may have incurred in respect of such seizure or any proportionate

part thereof.

XXX. If any of the things specified in Article VI of the said Treaty shall be found on board any vessel which shall be detained and brought before the said Mixed Court of Justice, neither the master nor the owner, nor any persons whatsoever interested in the equipment or cargo of the vessel, shall recover any compensation or damages for such detention, although the said Commissioner should not pronounce any sentence of condemnation.

XXXI. The right of search and detention by Article I of the said Treaty conferred shall be exercised only within the distance of 200 miles from the coast of Africa, and to the southward of the 32nd parallel of north latitude, and within 30 leagues of the coast of the Island of Cuba.

XXXII. It shall not be lawful for vessels of war of either of the said two nations to exercise such right of search within the limits of a settlement or port or within the territorial waters of the other nation.

XXXIII. If any action or suit shall be commenced in Great Britain or elsewhere against any person or persons for anything done in pursuance of the said Treaty or of this Act, in as far as it relates thereto, the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance of and by the authority of the said Treaty or of this Act, and if it shall appear so to have been done the jury shall find for the defendant or the defendants, and if the plaintiff shall be nonsuited, or discontinue his action after the defendant or defendants shall have appeared, or if judgment shall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall recover treble costs, and have the like remedy for the same as defendants have in other cases by law.

ACT of the British Parliament, "for rectifying a Clerical

Error in the present Session, Chapter Forty, with respect to the African Slave Trade Treaty,of April 7, 1862.

64

(25 & 26 Vict. cap. 90.]

[August 7, 1862.) WHEREAS in the Act of the present session of Parliament, chapter 40,* intituled “An Act to carry into effect the Treaty between Her Majesty and the United States of America for the Suppression of the African Slave Trade," it is accurately recited that it was the 7th day of April in the year of our Lord 1862, that the Treaty to which the Act relates was sigued at Washington, but in the form (given in the 8th section of the Act) of the oath to be taken by judges and arbitrators to be appointed by Her Majesty for the purposes of the Treaty, reference is made to the Treaty as having been signed at Washington on the 7th day of June 1862, the word “ June” being given (by clerical error) for the word “ April," and it is expedient that the error be rectified: 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 anthority of the same, as follows:

Art. I. The oath which, in accordance with the 8th section of the recited Act,t is to be taken by every judge and arbitrator referred to in that section, shall not be in the form which is given in that section, but shall be 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 of

faithfully, impartially, fairly, and without prejudice or disfavour, either for or against 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 April, 1962.”

II. The recited Act, as from the time of the passing thereof into a law, shall be read and have effect as if the oath which, in accordance with the 8th section of that Act is to be taken by judges and arbitrators were an oath not in the form which is given in that behalf in that section, but in the form which is given in that behalt in this Act, and the recited Act and this Act shall accordingly be read and have effect as if they were one Act.

III. The recited Act and this Act may for all purposes be citesi as follows; (that is to say,) the recited Act as the “ African Slave Trade Treaty Act (No. 1.), 1902,” this Act as the “ African l'age 454.

+ Page 458.

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Slave Trade Treaty Act (No. 2), 1862," and the recited Act and this Act together as the “ African Slave Trade Treaty Acts (Nos. 1 and 2), 1862.”

ACT of the British Parliament," for amending the Law reluting to Copyright in Works of the Fine Arts, and

for repressing the Commission of Fraud in the Production and Sale of such Works."

[25 & 26 Vict. cap. 68.]

[July 29, 1862.] WHEREAS by law, as now established, the authors of paintings, drawings, and photographs have no copyright in such their works, and it is expedient that the law should in that respect be amended : 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 Cominous, in this present Parliament assembled, and by the authority of the same, as follows:

I. The author, being a British subject or resident within the dominions of the Crown, of every original painting, drawing, and photograph which shall be or shall have been made either in the British dominions or elsewhere, and which shall not have been sold or disposed of before the coinmencement of this Act, and bis assigns, shall bave the sole and exclusive right of copying, engraving, reproducing, and multiplying such painting or drawing, and the design thereof, or such photograph, and the negative thereof, by any means and of any size, for the term of the natural life of such author, and 7 years after his death; provided that when any painting or drawing, or the negative of any photograph, shall for the first time after the passing of this Act be sold or disposed of, or shall be made on executed for or on behalf of any other person for a good or a valuok. consideration, the person so selling or disposing of or wakts or executing the same shall not retain the copyright thereof, unless it be expressly reserved to him by agreement in writing, signed; at or before the time of such sale or disposition, by the vendee or assignee of such painting or drawing, or of such negative of a photograph, or by the person for or on whose behalf the same shall be so made or executed, but the copyright shall belong to the vendee or assignee. of such painting or drawing, or of such negative of a photograph, or to the person for or on whose behalf the same shall have been. made or executed; nor shall the vendee or assignee thereof be. entitled to any such copyright, unless, at or before the time of such sale or disposition, an agreement in writing, signed by the person so selling or disposing of the same, or by his agent duly authorized, shall have been made to that effect. [1861-62. LII.]

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II. Nothing herein contained shall prejudice the right of any person to copy or use any work in which there shall be no copyright, or to represent any scene or object, notwithstanding that there may be copyright in some representation of such scene or object.

IJI. All copyright under this Act shall be deemed personal or movable estate, and shall be assignable at law, and every assignment thereof, and every licence to use or copy by any means or process the design or work which shall be the subject of such copyright, shall be made by some note or memorandum in writing, to be signed by the proprietor of the copyright, or by bis agent appointed for that purpose in writing.

IV. There shall be kept at the Hall of the Stationers' Company, by the officer appointed by the said Company for the purposes of the Act passed in the 6th year of Her present Majesty (cap. 45*], intituled “ An Act to amend the Law of Copyright,” a Book or Books, entitled the Register of Proprietors of Copyright in Paintings, Drawings, and Photographs, wherein shall be entered a memorandum of every copyright to which any person shall be entitled under this Act, and also of every subsequent assignment of any such copyright; and such memorandum shall contain a statement of the date of such agreement or assignment, and of the names of the parties thereto, and of the name and place of abode of the person in whom such copyright shall be vested by virtue thereof, and of the name and place of abode of the author of the work in which there shall be such copyright, together with a short descrip. tion of the nature and subject of such work, and in addition thereto, if the person registering shall so desire, a sketch, outline, or photograph of the said work, and no proprietor of any such copyright shall be entitled to the benefit of this Act until such registration, and no action shall be sustainable nor any penalty be recoverable in respect of anything done before registration.

V. The several enactments in the said Act of the 6th year of Her present Majesty contained, with relation to keeping the register book thereby required, and the inspection thereof, the searches therein, and the delivery of certified and stamped copies thereof, the reception of such copies in evidence, the making of false entries in the said book, and the production in evidence of papers falsely purporting to be copies of entries in the said book, the application to the courts and judges by persons aggrieved by entries in the said book, and the expunging and varying such entries, shall apply to the book or books to be kept by virtue of this Act, and to the entries and assignments of copyright and proprietorship therein under this Act, in such and the same manner as if such enactments were here expressly enacted in relation thereto, save and except that the forms

* Vol. XXXI. Page 970.

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