New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-10

tive, 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
ieets 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, and
winch 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
sloner shall not have been so named within
period OF three months from the date of
the exchange of the Publications of this
treaty, then the third commissioner shall be
named by the representative at Washington
OF Ills 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
nbefore 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 impartiaIy 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-
lore them on the part of the governments
OF the United States and of Her Britanic
Majesty, respectively; and such declaration
snail 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 NAV \
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 |
every separate claim. A majority of the
commissioners shall be sufficient for
an award in each case. The award |
snail 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
oehaif, and to answer claims made upon il, |
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
mlssioRers 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 anv
case where reasons for delay shall be estab-
llshed to the satisfaction of the commission |
ers, and then, and in any such case. the pc
nod 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
ng. 1t shall be competent for the commits
'loners TO decide in each case whether any
,lalm has or has not been duly made, pre- |;
erred, and laid before them, either wholly
II to any and what extent, according tothe s
rue intent and meaning of this treaty. l.
ARTICLE XIV.
All sums of money which may be awarded
~ the commissioners on account of anv
lain shall be paid by the one government r
o the other, as the case may be, within Q
welve months after the date of the final n
ward, without interest, and without any n n
save DIS specified in article xvi of i
his treaty. :
ARTICLE XVI.
The commissioners shall keep an s.
ccurate record, and correct minutes a
II notes of all their proceedings. O
With the dates thereof, and NAV il
ppoint and employ secretary, and any Il
ther necessary officer or officers, to assist it
hem IN the transaction of the business a
Which may come before them. Il
Each government shall pay its own COM o.
missioner and agent or counsel. All other a.
expenses shall be betrayed by the two gov 81
in equal moieties. m
The whole expenses of the commission.
1cluding contingent expenses, shall be de- "
rayed bya ratable deduction on the amount Of
the sums awarded by the commissioners. ! Il
rovided always that such deduction shall | q
OF exceed the rate of five per cent on the al
lms so awarded. M
ARTICLE XVII. OF
The high contracting parties enpape In | M
Dnsider the result of the PROCEEDINGS of te
his commission as full perfect and final
ettlement of all such claims as are men
oned III article XII of this treaty upon -
ther government; and further engage that ~
very such claim, whether or not the same "
Jay have been presenteds to the notice of. a.
ade, preferred or laid before the said COM a.
ission, shall, from and after the conclu- a.
on OF the proceedings of the said commits IN
on, be considered and treated as finally :,
titled, barred, and thenceforth inadmiss- ppo
lie. GO
ARTICLE XVIII.
1t is agreed by the high contracting par
es that, ID addition to the liberty secured
the United States fishermen by the con |
sntion between the United States and as
reat Britain, signed at London on the III III
Ventieth day of October, 1918, of taking. V I7
lring, and drying fish on certain coasts Of en
e British North American colonies therein 80
fined, the inhabitants of the United States AZ AZ
all have, in common with the subjects of VI
er Britannia Majesty, the liberty, for the 70
rm of years mentioned in article xxxiii III III
this treaty, to take fish of every kind, ex- gu
pit shell fish, on the sea-coasts and shores. -.
I'd in the bays, harbors, and creeks, of the -,
ovlnces OF quebec, Nova Scotia and New 10,
and the colony of Prince Ed co o
ards Island, and of the several islands ~
ereunto adjacent, without being restricted e.
any distance from the shore, with per- o e
ssi0n to land upon the said coasts and "
ores and islands, and also upon the Mag ~
len Islands, for the purpose of driving Ii"
cir nets and curing their fish; provided
at, in so doing, they do not interfere with