New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-02

ninth of April, eighteen hundred and sixty
| five, inclusive, not being claims growing out
| OF the acts of the vessels referred to in arti-
| Gle one OF this treaty, and all claims, with the
like exception, on the part of corporations,
| companies, or private individuals, sub
Jects OF Her Britannia Majesty, upon the
government of the United States, arising
out OF acts committed against the persons
or property of subjects of Her Britannia
Majesty during the same period, which
may have been presented to either govern
ment 1or It's lnterpositiOn with the other, and
| which may yet remain unsettled, as well as
| any other such claim which may be present
ed within ithe time specified in article xiv
OF this treaty. shall be referred to three
commissioners, to be appointed in the fol-
| lowing manner, that is to say: One COM
missioner shall be named by the President
OF the United States, one by Her Britannia
| Majesty, and third by the President of the
United States and Her Brittanic Majesty
| conformity; and in case the third commits
siOner shall not have been so named within
period OF three months from the date of
| the exchange of the notifications of this
treaty, then the third commissioner shall be
| named by the representatives at Washington
| OF His Majesty the King of Spain. In case
| OF the death, absence, or incapacity of any
commissioner, or in the event of any COM
missioner emitting or ceasing to act, the
vacancy shall be filled in the manner here
| inbefore provided for making the original
appointment; the period of three months In
case OF such substitution being calculated
from the date of the happening of the
vacancy.
The commissioners so named shall meet at
Washington at the earliest convenient period
| after they have been respectively named;
and shall, before proceeding to any bust
ness, make and subscribe solemn declara-
ton that they will impartially and care
fully examine and decide, to the best of
their Judgment, and according to justice and
equity, all such claims as shall be laid be-
fore they on the part of the governments
OF the United States and of Her Britanic
Majesty, respectively; and such declaration
shall be entered OF the record of their pro-
ceedings.
ARTICLE XIII.
The commissioner shall then forthwith
proceed to the investigation of the claims
which shall be presented to them. They
shall investigate and decide such claims in
such order and such manner as they may
think proper, but upon such evidence or in
formation only as shall be furnished by or
on behalf of the respective governments.
They shall be bound to receive and consider
all written 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
II required, one person on each side, on
behalf of each government, on each and
every separate claim. A majority of the
commissioners shall be sufficient for
an award in each case. The award
shall be given upon each claim in
writing, and shall be signed by the COM
mlssloners asserting to it. 1t shall be
competent for each government to name one
person to attend the commissioners as its
agent, to present and support claims on its
behalf, and to answer claims made upon it,
and to represent it generally in all matters
connected with the investigation and de-
cisien thereof
The high contracting parties hereby en-
gage to consider the decision of the COM
missiORers as absolutely final and conclusive
upon each claim decided upon by them, and
to give full effect to such decisions without
any objection, evasion or delay whatso-
ever.
ARTICLE XIV.
Every claim shall be presented to the
commissioners within six months from the
day OF their first meeting, unless in any
case where reasons for delay shall be estab-
ished to the satisfaction of the commission
ers, and then, and in any such case, the Pc
Rod for presenting the claim may be extend
ed by them to any time not exceeding three
months longer.
The commissioners shall be bound to ex-
anime and decide upon every claim within
two years from the day of their first meet
ing. 1t shall be competent for the commits
sioners to decide in each case whether any
claim has or has not been duly made, pre-
ferred, and laid before them, either wholly
or to any and what extent, according to the
true intent and meaning of this treaty
ARTICLE XIV.
All sums of money which may be awarded
by the commissioners ON account of any
claim shall be paid by the one government
to the other, as the case may be. within
twelve months after the date of the final
award, without interest, and without any
deduction save as specified in article xvi of |
this treaty.
ARTICLE XVI
The commissioners shall keep an
accurate record, and correct minutes
or notes of all their proceedings, |
with the dates thereof. and NAV |
appoint and employ secretary, and any
other necessary officer or officers, to assist |
them in the transaction of the business |
which may come before them.
Each government shall pay its own COM |
missioner and agent or counsel. All other |
expenses shall be betrayed by the two gov
ernments in equal moieties.
The whole expenses of the commission, |
including contingent expenses, shall be de- |
frayed by ratable deduction on the amount |
of the sums awarded by the commissioners, |
provided always that such deduction shall |
not exceed the rate of five per cent on the |
sums so awarded.
ARTICLE XVII.
The high contracting parties engage to |
consider the result of the proceedings of |
this commission as full, perfect and final |
settlement of all such claims as are men
toned in article XII of this treaty upon |
either government; and fur..her 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 com
mission, shall, from and after the conclu-
sion of the proceedings of the said commits
sion, be considered and treated as finally
barred, and thenceforth inadmiss-
ible.
ARTICLE XVIII.
1t is agreed by the high contracting par
ties that, in addition to the liberty secured
to the United States fishermen by the con-
vention between the United States and
Great Britain, signed at London on the
twentieth day of October 1918, of taking.
curing, and drying fish ON certain coasts of
the British North American colonies therein
defined, the Inhabitants of the United States
shall have, in common with the subjects of
Her Britannia Majesty, the liberty, for the
term of years mentioned in article xxxiii
Of this treaty, to take fish of every kind, ex-
,ept shell-tish, on the sea-coasts and shores.
and in the bays, harbors, and creeks. of the
provinces of Quebec, Nova Scotia, and New
Brunswick, and the colony of Prince Ed
wards Island, and of the several islands
,hereunto adjacent, without being restricted
70 any distance from the shore, with per.
mission to land upon the said coasts and
shores and islands, and also upon the Mag
lalen Islands, for the purpose of drying
heir nets and curing their fish; provided
hot i'm an dnipu fbaU do NOT -. |