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time of her detention, the demurrage stipulated by the present Article, nor any other compensation for losses, damages, or expenses, consequent upon such detention.

Schedule of demurrage, or daily allowance for a vessel of—

100 tons to 120 inclusive, £5 per diem.

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Neither the Judges nor the Arbitrators, nor the Secretaries or Registrars of the Mixed Courts of Justice, shall demand or receive from any of the parties concerned in the cases which shall be brought before such Courts, any emolument or gift, under any pretext whatsoever, for the performance of the duties which such Judges, Arbitrators, and Secretaries or Registrars, have to perform.

ARTICLE IX

The two High Contracting Parties have agreed that, in the event of the the death, sickness, absence on leave, or any other legal impediment, of one or more of the Judges or Arbitrators composing the above mentioned Courts respectively, the post of such Judge or Arbitrator shall be supplied, ad interim, in the following manner:

First. On the part of the United States, and in that Court which shall sit within their territories:—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.

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Secondly. On the part of the United States of America, and in those Courts which shall sit within the possessions of Her Britannic Majesty: 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' Consul, or in the unavoidable absence of the Consul, by the United States' Vice-Consul. In case the vacancy be both of

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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.

Thirdly. On the part of Her Britannic Majesty, and in those Courts which shall sit within the possessions of Her said Majesty:—if the vacancy be that of the British Judge, his place shall be filled by the British Arbitrator: and either in that case, or in case the vacancy be originally that of the British Arbitrator, the place of such Arbitrator shall be filled by the Governor or Lieutenant-Governor resident in such possession: in his unavoidable absence, by the principal Magistrate of the same; or in the unavoidable absence of the principal Magistrate, by the Secretary of the Government; and the said Court, so constituted as above, shall sit, and in all cases brought before it for adjudication shall proceed to adjudge the same, and to pass sentence accordingly.

Fourthly. On the part of Great Britain, and in that Court which shall sit within the territories of the United States of America:-if the vacancy be that of the British Judge, his place shall be filled by the British Arbitrator: and either in that case, or in case the vacancy be originally that of the 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 the 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 nor Vice-Consul to fill, ad 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.

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 expeditious method in his power to the Government of that other High Contracting

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SLAVE TRADE-APRIL 7, 1862

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 hundred and sixty-two.

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SUPPRESSION OF AFRICAN SLAVE TRADE

Additional article signed at Washington February 17, 1863, supple

menting treaty of April 7, 1862

Senate advice and consent to ratification February 27, 1863
Ratified by the President of the United States March 5, 1863
Ratified by the United Kingdom March 23, 1863

Ratifications exchanged at London April 1, 1863

Entered into force April 1, 1863

Proclaimed by the President of the United States April 22, 1863
Terminated April 29, 1923 1

13 Stat. 645; Treaty Series 127 2

ADDITIONAL ARTICLE TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND HER BRITANNIC MAJESTY FOR THE SUPPRESSION OF THE AFRICAN SLAVE TRADE, SIGNED AT WASHINGTON APRIL 7, 1862 Whereas, by the first article of the treaty between the United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, for the suppression of the African slave trade, signed at Washington on the 7th of April, 1862,3 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 grounds, be suspected of being engaged in the African slave trade, or of having been fitted out for that purpose, or of having, during the voyage on which they are met by the said cruisers, been engaged in the African slave trade contrary to the provisions of the said treaty; and that such cruisers may detain and send or carry away such vessels in order that they may be brought to trial in the manner thereinafter agreed upon; and whereas it was by the said article further stipulated and agreed that the reciprocal right of search and detention should be exercised only within the distance of two hundred miles from the coast of Africa, and to the southward of the thirty-second parallel of north latitude, and within thirty leagues from the coast of the island of Cuba; and whereas the two high contracting parties are desirous of rendering the said treaty still more efficacious for its purpose, the Plenipotentiaries

2

1 Pursuant to notice of termination given by the United Kingdom Apr. 27, 1922.

For a detailed study of this article, see 8 Miller 927.

TS 126, ante, p. 136.

who signed the said treaty have, in virtue of their full powers, agreed that the reciprocal right of visit and detention, as defined in the article aforesaid, may be exercised also within thirty leagues of the island of Madagascar, within thirty leagues of the island of Puerto Rico, and within thirty leagues of the island of Santo Domingo.

The present additional article shall have the same force and validity as if it had been inserted word for word in the treaty concluded between the two high contracting parties on the 7th of April, 1862, and shall have the same duration as that treaty. It shall be ratified, and the ratifications shall be exchanged at London in six months from this date, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed the same, and have thereunto affixed the seal of their arms.

Done at Washington, the 17th day of February, in the year of our Lord one thousand eight hundred and sixty-three.

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