Delaware State journal and statesman., 1862-09-23

been belligereut during the occupation Of Mic
aragua by the troops Of Costa Rica, or the exer.
else Of authority, by the latter. within the terri
tory of the former, shall he considered as one |
proper for the action OF the board of commission
crs herein provided for.
la ense of the DEATH absence, or incapacity, |
Of either commissioner, or in the event Uf either
commissioners omitting, or ccasng to net, tho |
Guverumen, Of the unjt-d States of America, or |
that OF the Republic Of Costa Rica. respectively, |
the Minister Of the Latter, in the United States
acting by its direction, shall forthwith proceed to
I'LL the vacancy thus occasioned.
ARTICLE II.
The commissioners so named shall meet nt the
city OF Washington, within ninety days from the
exchange Of the ratfcations of this conventions
and. before proceeding TO business, they shall,
each of them, exhibit solemn oath, made and
subscribed before competent authority, that
they will carefully examiue into, and mpnTtially
decide, according to the principles of justice aud
of equity, and to the stipulations Of treaty, upon
all the chns laid before them, under the pro-
visions Of this convention by the Government Of
the United States, aud in accordance with such
evidence as shall be submitted to them on the
part Of said United States and of the Republic of
Costa Kica, respectively And their oath, to
such effect, shall be entered upon the record OF
their proceedings.
Sait commissioners shall then proceed to name
an arbitrator, umpire, to decide upon any
case or cases, concerning which they may dis
agree, upon iny point points Of difference
which mny arise in the course of their proceed
ings And it they cannot agree in the selection,
the arbitrator or umpire. shall be appointed by
the Minister OF his Majesty the King oi the Bel
gians, to the United States, whom the two high
contracting parties shall invite TO make such up.
poiniment aud whose selection shall he oonclli-
sive OH both parties
ARTICLE III
The arbitrator, or umpire, being appointed,
the commissioners shall, without delay, proceed
to examine and determine the claims which may
be pieseniei to them, under the provisions Of
this convention, by the Government OF the United
States as stated in the preceding article unl
they shall hear II required, one person in behalf
ni cneh Government. on every separate claim.
Each Government shall furnish, upon request
Of either OF the commissioners such papers in
its possession as may be deemed important 10
the just determination Of amy claims Of citizens
of the United States. referred tn the board, un-
der the provisions Of the irst article.
Ia cases, whether touching injuries to the per-
son, limb, or life Of any said citizens, OF DANA
ges committed as stipulated, in tue first article
against their property, in which the commission
ers may agree to award an indemnity. they shall
determine the amount to be paid la cases in
which said commissioners cannot agreee the
lr,tor, or umpire, before whom each of the com
nif-ioaers may he heard, and his decision shall
lie lna
ARTICLE w.
The commissioners shall issue certificates Of
the sums to he paid 10 the claimants respt ctive-
ly, lether by virtue OF the awards agreed TO
between themselves, or Of those made by them,
in pursuance of decisions of the arbitrator, or
umpire; aud the aggregate amount of said sums,
d,cr,ed hy the certificates Of award made by the
commissioners, in either manner above Indicated
and Of the sums also acctuing from such certf-
ehtos OF award as the arbitrator, or umpire, may,
uuder the authority hereinafter conferred by the
scsenth article, have made and issued with the
Aie OF interest stipulated in the present article
ia favor of any claimant, or claimants shall he
raii to the Government Of the United States, in
the CITY of Washington, in equal semi annual ili-
s'Alments 1t Is however, hereby agreed, by
the contracting parties, that the payment of the
hrst ins'alment shall be made eight months from
tle termination Of the labOts Of the commission
aud, after such first payment, the second, ami
each succeeding one, shall he made semi annual
y counting ilom tile date of the first payment;
and the whole payment Of such aggregate amount
or amounts, shall be perfected within the term
OF ten years from the termination Of said COM
mission and each Of said sums shall bear inter.
est (alsp payable semi Hnnually) at the rate Of
the awards respectively, will have been decreed,
To meet these payments, the government Of
the Republic Of Costa Ricl hereby specially ap-
proprlates nifty per cent. OF the net proceeds of
the revenues, arising from the customs OF the
sAid Republic; but ii such appropriation should
prove Insufficient to make the payments as above
stipulated, the Government OF snid Republic
binds itself to provide other means for that pur-
pose.
ARTICLE "
The commission herein provided shall termi-
nate lts abors in nine months from and inclul.ng
the duy of its organization. They shall keep ua
accurate record Of all their proceedings aud they
may appoint secretary, yersed in the knowledge
OF the English aud of the Spanish languages to
assist IN the transaction Of their business Aud
lof the conduct OF such business, they are here.
by authorized to make all necessary aud lawful
rules.
ARTICLE VI.
The proceedings uf this commission shall be
hnh and conclusive, with respect to all the
eiaiins Of citizens Of the United Smtes. which.
having accrued prior to the date of this congen.
tlon, may be brought before it for adjustment
ami the United States agree forever to release
the Government OF the Republic Of Csota Rica
from any father accountability for claims which
shnll be rejected, either by the board Of commits
sloners, or by the arbitrator, or umpire afore-
"''" VI i"i suuh u.s. uelhB hllOWeu ny either the
4 huhid or the umpire, the Government OF Costa
klca shall have provided for and satisfied in The
inonner agreed upon in the fourth article
ARTICLE VII.
lu the event, however, that upon the termina-
tion OF the lahors Of suid commission stipulated
for ia the fifth article Of this convention. any
case or cases should be pending before the um
pire, and awaiting his decision, il is hereby
understood and agreed by the two contracting
parties that, though the hoard Of commissioners
may, by such Limitation, have terminated their
action, said umphe is hereby authorized and en-
powered TO proceed to make his decision or
award in such or cases pending as aforesaid:
AMI upon his certificate thereof in each case
transmitted to each OF the two Governments
mentioning the amount Of indemnity, if such
shall have been allowed by him, together with
the rate Of interest specified by the fourth article
such decision or award shall be taken mud held
To he binding and conclusive, and it shah work
tbs same effect as though it had been made by
both the commissioners under their own agree
meni, or by them upon decision of the case or of
the cases. respectively, pronounced by the um
pre OF snil board, during the period prescribed
fur It's sessions Pfopi4td hoaeVcr, That II de-
cison on every case that may be pending at the
termination Of the labors of the board shall be
given by the umpire within sixty days from their
hnal adjournment; and that Mt the expiration Of
lhe said sixty days the authority aud power
hereby granted to sail umpire shall cease.
ARrICLg vII
Ench government shall pay its own commits
aloheri but the umpire, rs well as the incidental
expense If the commission, including the de-
trayal OF the services of secretary, who may be
appointed Euder the fifth article, shall he paid