Nebraska advertiser. [volume] (Brownville, Nemaha County, N.T. [Neb.]) 1856-1882, 1863-06-04

ever through the action of authorities of the Re
public of Costa Rca statements OF Which solicit
ing the interpOsition Of the Government Of the
United States have been presented tn the Depart.
ment of State at Washington or to the diplomatic
agents Of said United states at san Jose Of Costa
Roa tn the date of the signature of this eOnven
tOn shall together with the documents in proof,
which they map be founded be referred to a board
of Commissioners consisting of two members who
shall be appointed in the following manner: One
BY the government Of the Quilted states of Ameri-
ca, and one by the the Government of the Repub-
lie of Costa Rica Provided however, that no claim
of any citizen of the United states who may be
proved to have beed belligerent during the Occu-
patton of Nicaragua by the troops Of COsto Rca, or
the exercise Of authority by the latter within the
proper for the action of the boards Of commissioners
herein provided for.
In case of the death absence or incapacity of
either commissioner, or in the event of either com
mSsioner's otnittag or celsing 20 act tha Govern
ment Of the United statest OF ameaica or that of
the Republic OF Costa Ries, respectively or the
Minister Of the latter in the United states acting
by ifs direction shall forthwith proceed to fill the
vacancy thus Occasioned.
Art. 2. The commissioners named shall meet
at the City of Washington, within ninety days from
the exchange of the ratidcatons of this conventions
and before preceding to business, they shall each
of them, exhibit solemn oath, made and subserib-
ed before competent authority thab they will
carefully examine into and impartialy decide ac-
cording to the principles Of justice and of equity,
and to the stipulatiOns of treaty upon all the claim
laid before them under the provisions of this con-
vention by the Government of the United states
and in aeTdance with such evidence shall be sub
mtted to them the part of said United States
and of the Republic Of Costa RcH respectively
And their oath to such effect shall be entered upon
the record of their proceedings.
said commissioners shall then proceed to name an
arbitrator or umpire to decide upon any case or
cases concerning which they may disagree or upon
any print or points of difference which may arise in
the course of their proceedings Aud if they cannot
agree in the selection the arbitrator. or umpire
shall be appoated by the Minister Of his Majesty
the King OF the Belgians to the United States,
whom the two high contracting parties shall invite
to make such appointment and whose selection shall
be conclusive on both parties. lt
Art g. The Arbitrator, or umpire being appointed
the mmissiOners shall without delay, proceed to
examine and determine the claims which may be
present ed to them under the provisions Of this
Yention by the GoYernmlint of the United states
stated in the preceding arele and they shall hear
if Required, one porson inb6baf Of each GOvernmont
every separate claim. Nyr
Each Government shall furnish, upon request OF
either of the commssioasrs, sueh papers in it, pos
session may be deemed important 70 the just de-
termination Of any claims of citizens OF the United
States referred to the beard under the provisions o.
the first article.
limb or life of any said citizens; or damages Ns0m-
mitted stipulated in the FIRST article against thr
property sn which the commissioners maa agree toy
award an indemnity they shall determine the amoun
to be paid. In cases in which said commissioners
cannot agree the points of difference shall be re-
ferred to the Arbitrator or umprt before whom each
Of the commissioners ma6 be heacd and his decision
shall be final.
Art. 4, The commissioners shall ssne certif ,a5es
of the to be paid to the cai mants respectively
whether by virtue of the awards agreed tC between
themselves or of those made by them in pursuance
of decisions of the abitratos or umpire and the ag
gregate amount of said aa-saAa ~ s'.e OgTe-
cates award made by the commission 'rs In eth
er manner ebOve indicated, and or the sums allow
curing from such certificates OF award as the arbl
traitor or umpire may under the authority herein.
after conferred by the seventh article, have made
and issued with the rate of interest stipulated IN
the present article, in favor of any claimant or
claimants, shall be paid to the Gov rnment OF the
United Statei, in the city or Washington IN equal
semi annual instalments. 1t is however, hereby
agreed by the contracting parties the payment o.
the first instament shall be made eight months
from the termination Of the labors of the commits
sion; and after such first payment the second and
each succeeding one shall be made semianuGliy
counting from the date ofthe first payment; and
the whole payment of such aggregate amount, or
rmOunts shall be perfected within the ieTm Of ten
years feom the termination Oi said commission; and
each of said shall bear interest alsO payable
semi annuallyI at the rate of six per cent. per
mum. from,tae day which the awards, respective
Iy will have betn decreed.
To meet these payments the government of the
Republic of Gotta Rica hOIeby specially apprOpria-
tes fifty per cent. of the net proeeees of the
arising from the customs of the said Republic, but
if such appropriation should prove insufficient to
make the payments as above stipulated, the Gov
ernment of said Republic binds itself to provide 9TH
er means for that!purpO e.
Art 5, The commission herein provided shall
terminate its labors in nine months from and in
Guiding the day Of its organization. They shall
kuep a record of all their proceedings, and the may
appoint a Secretary. aversed in the knowledge Of
the English and of the Spanish languages, to assist
il the Transaction of their business. An5 for The
conduct of such business they hereby uthoriled
to maku all necessary and lawful rules.
Art. g. The proceedings Of this commission shall
be final and conclusive, with respect to all the claims
of citizens of the United States, which, having
accrued prior to the date Of this convention may be
brought beforn it for ad ustment and the United
States agree for TO release the Government Of
! he Republic of Costa Rica from any further ae-
ccuntabity for claims shall be rejected either by
the board Of commissioners, or by the arbitrator
umpire aforesaid; or for such as being allowed by
eiter the board the umpire the GOVdrnment Of
CaSta Rica shall have provided for ahd satifed 10
the manner agreed upon in the fourth article.
| Ara. In the event however that upon the term
iRatiOn of the labOrs of said commission stipulated
for in the fifth aotice of this convention any
cases should be pending before the umpire, and
| awaiting his decision, it is hereby understood and
agreed by the two contracting parties that through
/ the board of commissioners may by such limitation
have terminated their action said umpire Is hereby
authorized and empowered to proceed to make lis
do,isiOn or award in such or cases pending as
aforesaid; and 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 de-
cisiOn award shall be taken and held To be bind
ing and conclusive and it shall work the same effect
as though it had been made by both the commission
ers under their own agreement or by them upon de-
cision Of the of the cases respectively, pro-
nOuneed by the umpire of said board during the
period prescribed for its sessions Provided however
| That dee sion on every case that may be pendind
at the termination of the labors Of the board shall
| be given by the umpire within sixty days from
! their final adjournment and that at the expiration
/ of the said sixty days the authority and power
hereby granted to said umpire shall cease
! Art. 8. Each government shall pay its own com
missioner; but the umpire as well as the incdental
expenses of the commission, iecuding the betrayal
of the services of secretary who may be oppOinted
under the fifth article, shall be paid hall by the
/ United States and the other half by the Republic
| f Costa Riea.
! Art 9. The present convention shall be approved
and ratified by the President of she United States
/ of America by and with the advice and consent Of
the Senate of the said States; and by the President
Of the Republic Of Costa Rica, with the consent and
appreciation Of the Supreme Legislative Power of
said Republc and the saticatiOns shall be exchan-
ged in the city of Washington within the space Of
eight mOetbs from the date Of the signature thereof