The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-11

against che persons or property of citizens Of
the United States during the period between the
18th of April, 1861, and the 9th of April, 1866,
inclusive (not being claims growing out of the
acts OF the vessels referred TO In Article of this
treaty. and all clsiHas with the like except on
the part of corporations companies, or private
individuals subjects of her Britannia Majesty
upon the GoverHment of the United States,
arising out of acts committed against
the persons or property of subjects of her Bril-
tannic Majesty during the same period, which
may have beer presented 10 either Government
for its interposition with the other and which
vet remain unsettled, as well as any other such
claims which may be presented within the time
specified in article IA of this treaty, shall be
referred to three commissioners, to be appoint
ed in the following manner, that is to saw one
commissioner shall be named by the President
of the United States, one by her Britannia
Majesty, and q third by the President of the
United States and her Britannia Majesty con-
Jointly; and in case the third commissioner
shall not have been so named within period of
three months from the date of the exchange of
the ratification of this treaty, then the third
commissioner shall be named by the repre-
sentative at Washington of his Ma
jesty the King of Spain. In case of the
missioner, or in the event of any commissioner
emitting or ceasing to act, the vacancy shall be
filed in the manner hereinbefore 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 80 named
shall meet at Washington at the earliest con-
venient period after they have been respectively
named, and shall, before proceeding to any
business, make and subscribe solemn declara-
ton that they will impartially and carefully ex-
anime and decide, to the best of their judgment
and according to Justice and equity, all such
claims as shall be laid before them on the part
of the Governments of the United States and
her Britannia Majesty, respectively, and such
declarations shall be entered on the record of
their proceedings.
Article 13. The commissioners 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 information
only as shall be furnished by or in 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, aud to
hear II required one person on each side on
behalf of each Government, as counsel or
agent for such Government, on each and every
separate claim. A majority of the com
missioDers 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 commissioners 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 generally in all matters connected
with the investigation and decision thereof.
The high contracting parties hereby engage to
consider the decision of the commissioners 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 whatsoever.
Article ID. Every claim shall be presented to
the commissioners within SIX months from the
day of their first meeting unless in cases where
reasons for delay shall be established to the
satisfaction of the commissioners, and in any
such case the period for presenting the claim
ha avt ad hx fhan IN III
ceedpg three months longer. The commits
sioners shall be bound to examine and decide
upon every claim within two years from their
first meeting. 1t shall be competent for the
commissioners to decide, in each case, whether
any claim has or has not been made, preferred,
and laid before them, either wholly or to any
and what extent according to the true intent
and meaning of this treaty.
Article Is. All sums of money which may be
awarded by the commissioners on account of
any claims, shall be paid by the one Govern
ment to the other, as the case may be, within
| twelve months after the date of the final award
| without interest, and without any deduction, as
| specified in article 16 of this treaty.
Article 16. The commissioners shall keep an
| accurate record and correct minutes or notes
of all their proceedings, 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 commissioner and agent or coun-
| sci. All other expenses shall be betrayed by
| the two Governments in equal moieties. The
| whole expenses of the commission, including
contingent expenses, shall be paid by the ratea-
BILE deduction on the amount of the sums
awarded by the commissioners. Prooided
| ala1dys, That such deduction shall not exceed
| the rate of 5per cent. on the sums so awarded.
Article II. The high contracting parties en-
gage to consider the result of the proceedings
of this commission as full, perfect, and fnal
settlement of all such claims as mentioned
in article IL of this treaty upon either Govern
ment and further engage that every such claim,
| whether or not the same may have been pre-
sented to the notice of made "preferred, OF
| laid before the said commission, shall, from and
| after the conclusion OF the proceedings OF said
commission, be considered and treated az
finally settled, barred, and thenceforth inadmis
sibIe.
| THE FISHERIES
Article 49, 1t is agreed by the high contract
ing parties, in addition to the liberty secured tc
the United States fishermen by the convention
between the United States and Great Britain
signed at London on the 2Oth day of October
1918, of taking, curing, and drying fish on GER
tain coasts of the British North American colo
MES, therein defined, the inhabitants of the
United States shall have, in com
mon with the subjects of hel
Britannia Majesty, the liberty for the tern
| of years mentioned in article 33 of this treaty
to take fish of every kind, except shell-fsh, or
the sea coasts and shores and in the bays, har
bors, and creeks of the provinces of Quebec
Nova Scotia, and New Brunswick, and the colony
of Prince Edwards Island, and of the severa
islands thereunto adjacent, without being re-
stricted TO any distance from the shore, will
permission to land upon the said coasts, anC
Shores and islands, and also upon the Magdalir
Islands, for the purpose or drying their net
and curing their fish, Prootded, That in s,
doing they do not interfere with the rights O
private property, or with the British fishermen
in the peaceable use OF any part OF the saiC
coasts in their occupancy Tor the purpose; 1t
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