New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-09

| five, inclusive, not being claims growing out
OF the act9of the vessels referred to in arti-
Gle one of this treaty, and all claims, with the
Ike exception, on the part qf corporations,
companies, or private individuals, sub
iects 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
| nent Tor its interposition with the other, and
which may yet remain unsettled, as well as
any other such claim which may be present
ed within the time specified in article xiv
OF this treaty. shall be referred to three
commissioners, to be appointed in the fol-
lowing manner, that 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 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 tue: 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
lnbefore provided for making the original
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 naned
| and shall, before proceeding to any bust
| ness make and subscribe solemn decIara-
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- |
tore 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 they may /
think proper, but upon such evidence or in
1ormauon only as shall be furnished by or
on behalf of the respective governments
Ihey 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
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
mlssioners asserting to it. 1t shall be
competent for each government TO name one
person to attend the commissioners as it's
agent, to present and support claims on its
oehalf, 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
mlssioaers 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 tine not exceeding three
months longer.
The commissioners shall be bound to ex-
anime and decide upon every claim within 9
two years from the day of their first meet
ing. 1t shall be competent for the commits
sloners 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 NAV be awarded n
by the commissioners on account of anv :
claim shall be paid by the one government r
10 the other, as the case may be, within e
twelve months after the date of the final | n
award, without interest, and without any r
deduction save as specified in article xvi of | +
this treaty. :
ARTICLE XVI
The commissioners shall keen an 81
accurate record, and correct minutes a
or notes of all their proceedings, o
with the dates thereof and may il
appoint and employ a secretary, and any d
other necessary officer or officers. to assist il
them in the transaction of the business a
which may come before them. ii
Each government shall pay its own COM O.
and agent or counsel. All other a.
expenses shall be betrayed by the two gov 81
in equal moieties. II
The whole expenses of the commission.
including contingent expenses, shall be de- W
Irayed bya ratable deduction on the amount Of
)f the sums awarded by the commissioners | Il
provided always that such deduction shall | g
not exceed the rate of five per cent on the | al
sums SO awarded. m
ARTICLE XVII. | Oh
The high contracting parties engage to | II
consider the result of the proceedings of te
his commission as full, perfect and final
settlement of all such claims as are men
toned in article XII of this treaty upon 49,
either government; and flu. her engage that -
very such claim, whether or not the same %
nay have been presented to the notice of, e o,
made, preferred or laid before the said COM q.
mission, shall, from and after the conclu- d,
ion of the proceedings of the said commits In
ion, be considered and treated as finally
ettled, barred, and thenceforth inadmiss- =.
BILE. &C
ARTICLE XVIII.
1t is agreed by the high contracting par
les that, IN addition to the liberty secured
o the United States fishermen by the con .,
.raat Rr;ta;n S;onad - T oe"Ces anu fiji
wentieth day of October, 1918, of taking. &c
uring, and drying fish on certain coasts of VI VI
he British North American colonies therein sc 81
efned the inhabitants of the United States w w
hall have, in common with the subjects of u
Ter Britannia Majesty, the liberty, for the 80
ERIN of years mentioned in article xxxiii Ii
this treaty, to take fish of every kind. ex- So
ept shell-fsh, on the sea-cOasts and shores. -.
nd in the bays, harbOrs and creeks of the | %
rovinces of Quebec, Nova Scotia, and New IL
brunswick, and the colony of Prince Ed 10 10
ards Island, and of the several islands az az
lereunto adjacent, without being restricted o.
D any distance from the Shore with ner- %
Mission to land upon the said coasts and VI
lores and islands, and also upon the Mao no
allen Islands, for the purpose of driving Ii"
leir nets and curing their fish; provided
nat, in so doing, they do not interfere with