Page:United States Statutes at Large Volume 18 Part 2c.djvu/351

344 PUBLIC TREATIES. 'ud c his lace shall be filled by the United States arbitrator; aud `hitheen in that case, or in case the vacancy be originally that of the United States arbitrator, the place of such arbitrator shall be illled by the judge of the United States for the southern district of Bow 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. _ _ _ Secondly. On the part of the United States of America, and inthoso 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 rn 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. ln case the vacancy be both of the United States judge and of the United States arbitrator, then the vacancy of the judge shall be iilled 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 dll 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 judgeand of the United States arbitrator, and there be neither United States Consul nor Vice-Consul to iill 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, aud, 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 iilled 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 Brit ish arbitrator, then the vacancy of the British judge shall be hlled 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 till 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 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. Notice of va- The chief authority of the place in the territories of either high con- °°°°>'· tracting 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 party, in order that such vacancy may be supplied at the earliest possible period.