The Sun.
London, England, 1858-09-11 00:00:00

THE SUN, LONDON, SATURDAY EVENING, SEPTEMBER 11, 1858.

OUTSTANDING CLAIMS WITH BRAZIL

The Gazette of last night publishes the following
Convention between England and the Brazils :
Art. I.—The high contracting parties agree that
all claims on the part of corporations, companies,
or private individuals, subjects of her Britannic
Majesty, upon the Government of his Majesty the
Emperor of Brazil, and all claims on the part of
corporations companies, or private individuals,
subjects of his Majesty the Emperor of Brasil, upon
the Government of her Britannic Majesty, which
may have been presented to either Government for
its interposition with the other since the date of
the Declaration of Independence of .the Brazilian
Empire, and which yet remain unsettled, or are
considered to be still unsettled, by either of the two
Governments, as well as any other such claims
which may be presented within the time specified
in Article 3 hereinafter, shall be referred to two
Commissioners, to be appointed in the following
manner ; that is to say : one Commissioner shall be
named by her Britannic Majesty, and one by his
Majesty the Emperor of Brazil.
Her Britannic Majesty and his Majesty the Em-
peror of Brazil respectively shall appoint a secre-
tary to the Commission, who shall be empowered
to act as Commissioner in case of the temporary
incapacity or absence of the Commissioner of his
Government, and also in case of the death, definite
absence, or incapacity of the said Commissioner, or
in the event of his omitting or ceasing to act as
such, until the appointment of, and assumption of
his duties by-, another Commissioner in the place or
stead of the said Commissioner.
In the case of the death, or definite absence, or
incapacity of the Commissioner on either side, or in
the event of the Commissioner on either side omit-
ting or ceasing to act as such, her Britannic Ma-
jesty, or his Majesty the Emperor of Brazil, re-
spectively, shall forthwith name another person to
act as Commissioner, in the_ place or stead of the
Commissioner originally named.
In case of the secretary on either side being ap-
pointed permanently Commissioner, her Britannic
Majesty or his Majesty the Emperor of Brazil, re-
spectively, shall forthwith name another person to
be secretary in the place or stead of the secretary
originally named.
The Commissioners shall meet at Rio de Janeiro
at the earliest convenient period after they shall
have been named, and shall, before proceeding to
any- business, make and subscribe a solemn decla-
ration that they will impartially and carefully
examine and decide, to the best of their judgment,
and according to justice and equity, without fear,
favour, or affection to their own country, upon all
such claims as shall be laid before them on the part
of the Government of her Britannic Majesty and
his Majesty the Emperor of Brazil, respectively ;
and such declaration shall be entered on the record
of their proceedings.
The secretary on either side, when called upon
to act as Commissioner for the first time, and before
proceeding to act as such, shall make and subscribe
a similar declaration, which shall be entered in like
manner as aforesaid.

The Commissioners shall, before proceeding to
any other business, name a third person to act as
an arbitrator or umpire, in any cases or cases on
which they may themselves differ in opinion.
If they shall not be able to agree upon the selec-
tion of such a person the Commissioners on either
side shall name a person ; and in each and every
case in which the Commissioners may differ in
opinion as to the decision which they ought to give,
it shall be determined by lot which of the two
persons so named shall be arbitrator or umpire in
that particular case.
The person so to be chosen to be arbitrator or
umpire shall, before proceeding to act as such in
any case, make and subscribe a solemn declaration,
in a form similar to that which shall have already
been made and subscribed by the Commissioners,
which declaration shall be entered on the record of
their proceedings.
In the event of the death, absence, or incapacity
of such person, or of his omitting, or declining, or
ceasing to act as such arbitrator or umpire, another
and different person shall be named. as aforesaid to
act as such arbitrator or umpire in the place or
stead of the person so originally named as afore-
said, and shall make and subscribe such declara-
tion as aforesaid.
Art. II: The Commissioners shall then forth-
with proceed to the investigation of the claims
which shall be presented to their notice.
They shall investigate and decide upon such
claims m such order and in such manner as they
may think proper, but upon such evidence or in-
formation only as shall be furnished by or on be-
half of the respective Governments.
They shall be bound to receive and peruse all
written or printed documents or statements which
may be presented to them by or on behalf of the
respective Governments, in support..of or in answer

to any claim, and to hear, if reqtared, one pesson
on each side on behalf of each Government, as
counsel or agent for such Governmei it, on each and
every separate claim.
Should they fail to agree in opinimn upon any in-
dividual claim they shall call to their assistance the
arbitrator or umpire whom they have agreed to
name, orwho may be determined by lot, as the case
may be ; and such arbitrator or umpire, after hav-
ing examined the evidence adduced for and against
the claim, and after having heard, if required, one
person on each side as aforesaid, and consulted with
the Commissioners, shall decide thereupon finally,
and without appeal.
The decision of the Commissioners and of the ar-
bitrator or umpire, shall be given up on each claim
in writing., and shall be signed by them respec-

tively.
It shall be competent for each Government to
name one person to attend the Comm Lission as agent
on its behalf, to present and support claims, and
to answer claims made upon it, and to represent it
generally in all matters connected_ with the inves-
tigation and decision thereof.
Her Majesty the Queen of Great Britain and
Ireland and his Majesty the Emperor of Brazil
hereby solemnly and sincerely engage to consider
the decision of the Commissioners, o r of the arbi-
trator or umpire, as the case may be, as absolutely
final and conclusive upon each claim. decided upon
by them or him respectively, and to give full effect
to such decisions without any objection, evasion, or
delay whatsoever.
Art. lll.—Every claim shall be presented to the
Commission with 12 months from the day of its
first meeting, unless in any case wh(nv reasons for
delay shall be established to the satisfaction of the
Commission, or of the arbitrator (3r umpire in the
event of the Commissioners diffeEng in opinion
thereupon ; and then and in any such case the
period for presenting the claim may be extended to
any time not exceeding six months longer.
The Commissioners shall be bcrund under this
Convention to hold for the consideration of the
claims at least eight sittings in ma month, from
the date of their first sitting until th.e completion of
their labours.
The Commissioners shall be boan d to examine
and decide upon every claim with in two years
from the day of their first meeting, unless, on
account of some unforeseen and un avoidable sus-
pension of the sittings, the two Go,,Ternments may
mutually agree to extend the time.
The arbitrator or umpire shall be bound to come
to a final decision on the claim within 15 days from
the time of such claim being submitt ed to his con:
sideration, unless the Commissioners consider a
more extended period absolutely nee essary.
It shall be competent for the COT nmissioners, or
for the arbitrator or umpire if they 'differ, to decide
in each case whether any claim has .or has not been
duly made, preferred, or laid before the Commis-
sion, either wholly or to any a-ail what extent,
according to the true intent and meaning of this
Convention.

Art. IV.—All sums of money which may be
awarded by the Commission, or by- the arbitrator
or umpire, on account of any clean, shall be paid
j
by the one Government to the oth.er, as the case
iln2temreoszthasndaftr
ththearit any deduction date of the de-
cision, i saiVn be,,
without
save as specified in Article 5 herebiafter.
Art.. V.—The high contracting parties engage
to consider the result of the proceedings of this
may
within
Commission as a full, perfect, ani l final settlement
of every claim upon either Government, arising,
out of any transaction of a date prior to the ex-
change of the ratifications of the present Conven-
tion ' • and further engage that 'every such claim,,
whether or not the same may have been presented
to the notice of, made, preferred, .or laid before the
said commission, shall, from and after the conclu-,
lion of the proceedings of the said commission -be
considered and treated as finally settled, kdrred,
and thenceforth inadmissible.
Art. VI. The Commissioners and arbitrator
or umpire, with the assistance of t'-,le secretaries,
shall keep an accurate record an:
correct minutes
or notes of all their proceed;-
..ags, with the dates
thereof, and shall appoint
and employ a clerk, if
necessary, to assist the'lit in the transaction of the
business which may 'come before them.
Each Goveriur,:ent 'Shall pay it 6 • Coramissioner

amount of salary not exceeding six cantos of reis,
or £675 sterling a year, which amount shall be the
same for both Governments.
Each Government shall pay to its secretary an
amount of salary not exceeding three contos, or
£337 10s. sterling a-year, which amount shall be
the same for both Governments.

The secretary on either side, when acting as Com-
missioner, shall receive the same amount of salary
a-year as that paid to the Commissioner; it being
understood that his salary as secretary shall lapse
during that time.

The amount of salary to be paid to the arbitrator
or umpire shall be the same, in proportion to the
time he may be occupied, as the amount paid a-
year to a Commissioner under the convention.
The salary of the clerk, if one is appointed, shall
not exceed the Sum of 2 contos, or £225 a-year.
The whole expenses of the Commission, including
contingent expenses, shall be defrayed by a rateable
deduction on the amount of the sums awarded by
the Comiaissioners, or by the arbitrator or umpire,
as the .case may be ; provided always'that such de-
duction shall not exceed the rate of 5 per cent. on
the sums so.awarded.

The deficiency, if any, shall be defrayed by the
two Governments.

Art. Vll.—The present convention shall be rati-
fied by her Britannic Majesty, and by his Majesty
the Emperor .of Brazil ; and•the. ratifications shall
be exchanged at London. as soon as may be within
six months fiom the date. hereof.

In witness whereof the respective plenipoten-
tiaries have signed, the same, and have affixed
thereto the seals of their arms.

Done at Rio de Janeiro, the 2d day of June, in
the year of our Lord 1858.
L.S. P. CAMPBELL. SCABLETT.
. L.S. SERGIO T. DE MACEDO.
And whereas the ratifications of the said Con-
vention were exchanged at London on the 9th inst. ;
and whereas Commissioners on the part of her Ma-
jesty and of' the Emperor of Brazil are about to
meet at Rio de Janeiro for the purpose of carrying
out the stipulations of such Convention ;
Notice is hereby given, that all persons, subjects
of her Majesty, who may have claims to prefer
upon the Government of Brazil, must, in conformity
with the provisions of the said Convention, trans-
mit to her Majesty's Principal Secretary of State
for Foreign Affairs, or to her Majesty's Minister at
the Court of Brazil, in sufficient time to be laid be- '
fore the Commissioners within 12 months of the
day of their first meeting (of which day notice will
hereafter be given), the particulars of their claims,
together with the requisite evidence or information
in support thereof.
Foreign-office, Sept. 10.

STEAM- MAIL COMMUNICATION BE.
TWE_EN AUSTRALIA AND NEW ZEA-
LAND.

We are able to announce that. Mr. Sewell has
received definite 'proposals from Messrs. Pearson,
Coleman, and Co., shipowners at Hull, to under-
take our. postal service. These have been submitted
to the Home Government and approved. The Home'
Government, we learn, is prepared to enter into an
absolute engagement to pay £14,000 per annum for
the conveyance of mails between Australia and New
Zealand, leaving .£8;000-per annum with a guaran-
tee of 2-1 per cent, on capital (equal .to.X2iooo a-
year more) to be bonie.by- the colony. The contract
to be for ten years, determinable at the expiration
of seven years. Mr. Sewell has provisionally
agreed, on the part of the colony. The treasury
will enter into their part of the contract absolutely
without .referencoto the Australian 'colonies ; and
the contractors are content to rely on Mr. Se-well's
provisional engagement on -the part of the New
Zealand Government. As regards the proposed
advance of £25,000 to the contractors, the Lords
Commissioners see no objectiori, provided the
money required to be advanced be not immediately-
required for the purposes of the loan, and that the
amount should be replaced in reasonable time from
colonial funds. Lord Ashley, Mr. Clay, M.P., and
Messrs. Smith Brothers and Co., bankers,.at
have.been named by the contractors as their re-
ferees, and have returned satisfactory answers as to
the responsibility of the contractors-. Messrs. Smith
and Co. state that the contractors have. at present
'three, certainly two; of the vessels required, of the
stipulated tonnage and horse-power. The steam
ships at present proposed are, the Lord Ashley,
440 tons ; the Lord Worsley, 414 tons ; with two
others not named, one of 800, and the other of - 300
tons burden. The matter appears now to be prac-
tically concluded. We may fairly calculate upon
the vessels having left England at about the middle
of last month. Mr. Sewell himself is supposed to
be now on his way to the colony ' • but no private
letters from him, so far as we can learn, have been
received in Auckland. Mr. Kirkwood, of Mel-
bourne, has accepted the offer made by the New
Zealand Government, to employ the services of the
White Swan steamer, under specified conditions,
for two years ; a bonus of £6,000 per annum being
allowed. The vessel was to sail from Melbourne
at the latter end of last month, and may therefore
be shortly expected in the Manukau harbour.—.
Southern Cross.

THE FATAL COLLIERY EXPLOSION
AT STANDISH-TWO LIVES LOST.

The adjourned inquest on the body of John
Turner, a collier, who died on the 29th ult. from
injuries received in an explosion of fire-damp on
the 20th ult., was held at Standish on Wednesday
afternoon, before Mr. Myres, coroner. The inquiry
also included the death of a youth named John
Hall, who was burned at the same time, and who
died on Saturday. The explosion occurred in the
Tunnel Pit, Standish, the property of Mr. Taylor.
Mr. Cedric Bromley, surgeon, Wigan, who
attended both the deceased until their deaths, said
they were much burnt on the upper part of their
bodies down to the waist. Turner told him, in a
conversation he had with him, that the fireman had
said he had not examined the place on the morning
of the explosion. •
Robert Fairhurst; the fireman, having been cau-
tioned by the coroner, made the following voluntary
statement :—When Turner came up to the top of
the " spuney" I was busy with a shunt, and he
asked me if I had been in his place. I said, "No ;
I shall not be many minutes with this shunt, and
then I will go with you." I did not know that
Turner had gone, but in less than two minutes I
heard an explosion. I went to Turner's place, and
found that he and his drawer (John Hall) had been
burned. When I found him, I asked him if I did
not tell him that I had not been in his place. He
said I did ; and I asked him what his reason for
going was. He said he thought it would be the same
as usual. He said he had done but little the day
before, and he wanted to mend it that day. It
would be about half-past five o'clock in the morn-
ing when the explosion happened. I go at four,
and give the men liberty to follow to the top of the
spuney. I should meet the men at the
.spnner at
five o'clock. I consider that the shunt was required
for the necessary working of the pit, and that it
should first be done before the examincition. I had
examined all the places but three, which lie on one
side. It might have taken me about a quarter of
an hour to have examined those places. One person
had gone to work in one of those places before the
deceased. I had allowed him to go without telling
him that it had not been examined. He had gone
with a covered lamp. The explosion threw down
the brattice. I did not consider it a likely place
for fire-damp. The place has always been examined
before, either by me or the man under me. I don't
know whether the boy, Hall, was with him when
I told Turner that the place had not been examined.
I now think it would have been better that the
place should have been examined before I had gone
to the shunt.

Elizabeth. Hall, spinster, said the deceased, John
Hall, was her brother. He was 14 years of age.
After he was burned he ran home. _

Wm. Ashcroft, collier, Standish, said he worked
at the Tunnel Pit. He was in the pit at the time
of the explosion, and passed Fairhurst, the fireman,
in going to his place. Did not see any signals of
any kind that morning. Fairhurst was busy when
he passed him. When there was any danger Fair-
hurst always sat at the top of the brow, and told the
men. He was in the place where he generally sat
that morning, but said nothing to witness when he
went past him. If Fairhurst was not at the place
the men stopped until he came and told them to
go to work. Witness continued—l saw Turner
shortly after the explosion. I took him up to the
pit eye. James Holland was at work beyond Tur-
ner's place when I got there. I had been into my
own place. before the explosion occurred, and had
gone out to pull my clothes off. I had a lighted
open candle with me. I passed Turner at the pit
eye that morning, and went on to my work. Tur-
ner afterwards passed me. Fairhurst was then
laying rails. Turner never told me that there was
fire in the place. Fairhurst must have seen me
pass him. Turner had his candle lighted when he
passed me to go to his work. His drawer was with
him. After the explosion Fairhurst was at the
place I had first seen him when I went for him.
Fairhurst had a lamp, but the top was off. I never
saw a cap or a hood on my light. Props and all
materials are supplied when they are wanted.
John Critchley, collier, corroborated Fairhurst's
statement, and added that no signals of any kind
were used in the pit, except when there was
danger.
James Lawton, miner—l work at the Bradley
Colliery. I saw Fairhurst on the 20th of August
last, and had a conversation with him about the
explosion at the deceased's house. He said it was
a bad job, and he said to the deceased, "It would •
have been a lucky concern if I had gone into thy
place this morning, but I had so much running
about to that place that I knew had sulphur in,
that I put trust to thy place, thinking it would
have been as it had aforetime, and I skipped it that
morning, and have skipped it before, thinking that
it had nothing in." The deceased then said, " Thou
spoke like a man this morning." Fairhurst said he
would never tell a man again that he had been in a
place when he had not.
George Forster, manager of the mine, said it was
Fairhurst's duty to examine every part of the pit,
either by himself or his man, before the colliers
went to work. Witness had no doubt that Fair-
hurst had a copy of the regulations. He had no
right to do any kind of work in the pit before he
examined it, unless it was something unavoidable.
Witness did not think the shunting was required
before the examination. -Witness did not require
the use of signals except in cases of danger.
The jury then retired, and after a long consulta-
tion returned a verdict of accidental death, with a
request that the coroner would reprimand and
caution Fairhurst, the fireman, for allowing Turner
and his drawer to enter the working before he had
examined it.
The Coroner complied with this request, and also
advised the manager to order the putting up of
signal boards at the different workings, to denote
which were safe and which dangerous.
The inquiry lasted six hours.-21Ianc1Zester Guar-
dian.

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that he is requested by Mr. Jamieson, of No. 23, Norfolk-
street, to inform that for many years he had been afflicted
with asthma and rheumatism, and could obtain no relief
"-cm the many remedies he tried, until he commenced
-way's Ointment and Pills. These invaluable medi-
dily him, and he wishes these particulars to
tines spot,,
for the benefit of others. Plain directions
:
be made pub,— - medicines are affixed to each box or
for the use of txu...se
pot, no farther adviCQ needed /)Y the patient,
' -