New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-24

eighteen hundred and S1xty-one and the
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 for its interposition with the other, ana
| which may yet remain unsettled, as well as
] any other such claim which may be present.
l ed within the time specified III article xiv
of this treaty. shall be referred to three
commissioners, to be appointed III the fol-
| lowing manner, that is TO say: One COM
missioner shall be named by the President
Iof the United States one by Her Britannia
I 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
a 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 representative 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 filed in the manner here
/ inhefore 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 a solemn declara-
| hat how 5altr uylG
| 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 them 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
missioners 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-
cision 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-
| lished 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. Ii shall be competent for the commits
| sioners to decide in each case whether any
| claim has or has not been duly made, pre-
| terred, 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
with the dates thereof, and may
appoint and employ a 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 defraved by the two gov
ernments in equal moieties.
The whole expenses of the commission,
| including contingent expenses, shall be de-
| frayed by a 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
1 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
settled, 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
yention between the United States and
! Great Britain, signed at London on the
twentieth day of October, l8l8 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-
| cept shellfsh, 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
thereunto adjacent, without being restricted
to any distance from the shore, with per-
| mission to land upon the said coasts and
| shores and islands, and also upon the Mag
dalen Islands, for the purpose of drying
| their nets and curing their fish, provided