, 1864-11-07

umpire in any case or case, in which they may
themselves differ in opinion.
| ART. Ill. The commissioners appointed as
aforesaid snail meet in Lima within three months
after the exchange Of the ratificatioHs Of this
Convention; and each one of the commission
ers, before proceeding 10 any business, shall
take an 0ath, made and subscribed before the
most Excellent Supreme Court, that they will
carefully examine and impartially decide, &C
cording to the principles Of justice and equity,
the principles OF international law and treaty
stiDulations upon all the Claims laid before them
under the provisions Of this Convention, and in
accordance with tho evidence submitted ON the
part Of either government. A similar oath shall
be taken and subscribed by the person selected
as arbitrator or umpire, and said oaths shall be
entered upon the record Of the proceedings of
said commission.
ART. ". The arbitrator or umpire being ap.
pointed, the commissioner shall, without delay,
proceed to examine aud determine the claims
specified in the first article. and shall hear, if,
required, one person in behalf Of each govern.
ment on each separate claim. Each government
shall furnish, at the request of either Of the
commissioners, the papers in its possession
which may be important to the just determine.
ton Of any Of the claims referred.
|
sioners there shall be no appeal; and the agree.
ment Of three Of them shall give full force and
effect to their decisions, as well with respect to
the justice Of their claims as to the amount Of
Naturalization that may be adjudged to the
claimants, and in case the commissioners cannot
agree, the points Of difference shall be referred
to the arbitrator or umpire, before whom the
commissioners may be heard, and bis decision
shall be FINAL
ART. vi. The decision of the mixed commits
sion shall be executed without appeal by each
Of the contracting parties, and il shall be the
duty Of the commissioners to report to the re.
spcctive governments the result Of their pro-
ceedings; and If the decision Of said commits.
sioners require the payment Of indemnities to
any Of the claimants, the sums determined by
the said commissioners shall be paid by the
government against which they are awarded
within one month after said government shall
have received the report Of said commissioners
and for any delay in the payment Of the sum
awarded after the expiration Of sad month, the
sum Of six per cent. interest shall be paid dur.
lug such time as said delay shall continue.
ART. VII. For the purpose Of facilitating the
labors Of the mixed commission, each govern.
ment shall appoint secretary to assist in the
transaction Of their business and to keep re.
cord Of their proceedings, aud for the conduct
Of their business said commissioners are author
lied to make oil necessary rules.
ART. VII The decisions Of this commission,
Or Of the umpire in case Of difference between
the COMMISSIONER shall be final and conclusive,
and shall be carried INTO full effect by the two
contracting parties The commission shall ter.
inmate its labors in six months from and in.
GLIDING the day Of its organization; provided,
however, II at the time stipulated for the term-
nation Of said commission, any case or cases
should be pending before the umpire and await
ing his decision, it is understood and agreed by
the two contracting parties that said umpire Is
authorized to proceed and make his decision or
award IN such case or cases, and upon his re
port thereof to each Of the two governments,
mentioning the amount Of indemnity, IL such
shall have been allowed by him, such award
shall be final and conclusive in the same man.
ntr Ms il it had been made by the commission
ers under their own agreement; provided that
said decision shall be made by said umpire
within thirty days after the final adjournment
Of said commission, and at the expiration Of the
said thirty days, the power and authority here.
BY granted to said umpire shall cease.
ART. N. Each gove,Hmcn, shah pay its own
commissioners and seer, tary. but the Gippirc
shall be paid, one hall by tne Government OF
tie United States and Que half by the Republic
Of Peru.
ART. y. The preseat Convention shall be rat
flied and the raiiticatiOns thereof shall bO ex.
changed in the term Of four months from the
date hereof
In faith Whereof the respective Plenipoten.
tiaries have signed the same and affixed their
respective seals.
Done in the city Of Lima this twelfth day Of
January, in the year Of our Lord one thousand
eight hundred and Sixty.ihree.
| CHRISTOPHER ROBINSON. H.. 81
i JOSE G. PAZ S0LDAN. r.. 81
And whereas the said Convention, as amend.
ed, has been duly ratified on both parts, and
tho respective ratifcations Of the same were
exchanged at the city Of Lima On the eighteenth
day Of April last:
Now, therefore, DO It known that !, ABRA.
Ham LINCOLN, President Of the United
States Of America, have caused the said Con-
vention to be made public, to the end that the
same and every clause and article th.reof may
be observed aud fulfilled with good faith by the
United States and tho citizens thereof
In witness Whereof ] have hereunto set my
hand and caused the seal Of the United States
10 be affixed.
Done at the city Of Washington, this nine
teenth day Of May, In the year Of our
u. S, Lord one thousand eight hundred and
| aivfv.thrao and Of the II