CO129-105 - Acting Governor Mercer - 1865 [5-7] — Page 178

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Hongkong

261

THE HONGKONG GOVERNMENT GAZETTE, 3rd OCTOBER, 1863.

British Arbitrator, his place shall be filled by the British Consul, or in the unavoidable absence of the Consul, by the British Vice-Consul; and in case the vacancy be both of the British Judge and of the British Arbitrator, then the vacancy of the British Judge shall be filled by the British Consul, and that of the British Arbitrator by the British Vice-Consul. But if there be no British Consul or Vice-Consul to fill the place of British Arbitrator, then the United States' Arbitrator shall be called in, in those cases in which the British Arbitrator would be called in; and in case the vacancy be both of the British Judge and of the British Arbitrator, and there be neither British Consul or Vice-Consul to fill, að interim, the vacancies, then the United States' Judge and Arbitrator shall sit, and in all cases brought before them for adjudication shall proceed to adjudge the same, and pass sentence accordingly.

Thirdly. On the part of the United States, and in that Court which shall sit within their terri- tories-if the vacancy be that of the United States' Judge, his place shall be filled by the United States' Arbitrator; and either in that case, or in case the vacancy be originally that of the United States' Arbitrator, the place of such Arbitrator shall be filled by the Judge of the United States for the Southern District of New York; and the said Court, so constituted as above, shall sit, and in all cases brought before them for adjudication shall proceed to adjudge the same, and pass sentence accordingly. Fourthly. On the part of the United States of America, and in those Courts which shall sit within the possessions of Her Britannic Majesty:-if the vacancy be that of the United States' Judge, his place shall be filled by the United States' Arbitrator; and either in that case, or in case the vacancy be originally that of the United States' Arbitrator, his place shall be filled by the United States' Con- sul, or in the unavoidable absence of the Consul, by the United States' Vice-Consul. In case the vacancy be both of the United States' Judge and of the United States' Arbitrator, then the vacancy of the Judge shall be filled by the United States' Consul, and that of the United States' Arbitrator by the United States' Vice-Consul. But if there be no United States' Consul or Vice-Consul to fill the place of the United States Arbitrator, then the British Arbitrator shall be called in, in those cases in which the United States Arbitrator would be called in; 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 the British Judge and the British Arbitrator shall sit, and, in all cases brought before them for adjudication shall proceed to adjudge the same, and pass sentence accordingly.

The chief authority of the place in the territories of either High Contracting Party where the Mixed Courts of Justice shall sit, shall, in the event of a vacancy arising, either of the Judge or the Arbitrator of the other High Contracting Party, forthwith give notice of the same by the most expedi- tious method in his power to the Government of that other High Contracting Party, in order that such vacancy may be supplied at the earliest possible period. And each of the High Contracting Parties agrees to supply definitively, as soon as possible, the vacancies which may arise in the above-mentioned Courts from death, or from any other cause whatever,

The undersigned Plenipotentiaries have agreed, in conformity with the XIth Article of the Treaty signed by them on this day, that the preceding Regulations shall be annexed to the said Treaty, and considered an integral part thereof.

Done at Washington, the seventh day of April, in the year of our Lord one thousand eight huu- dred and sixty-two.

(L.S.) (L.S.)

LYONS. WILLIAM H. SEWARD.

ADDITIONAL ARTICLE TO THE TREATY SIGNED AT WASHINGTON, APRIL 7, 1862, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA FOR THE SUPPRESSION OF THE AFRICAN SLAVE TRADE.

Signed at Washington, February 17, 1863.

[RATIFICATIONS EXCHANGED AT LONDON, APRIL 1, 1863.]

Whereas by the First Article of the Treaty 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, signed at Washington on the 7th of April, 1862, it was stipulated and agreed that those ships of the respective navies of the two High Contracting Parties which shall be provided with special instructions for that purpose, as thereinafter mentioned, may visit such merchant-vessels of the two nations as may, upon reasonable grou is, be suspected of being engaged in the African

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