New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-22

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
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.
ment for It's Interpolation 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 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
conformity; and in case the third commits
slOner shall not have been go named within
a period OF three months from the date of
the exchange Of the notifications Of this
treaty, then the third commissioner shall he
named by the representative at Washingto
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 ceasihg to act, tie
vacancy shall be filled in the manner here
lnbefOre provided for making the original
appointment: the period Of three months IN
case OF such substitution being calculated
from the Gate 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 DECLARE
ton that they will imparially and care
| fully examine and decide. to the best of
their Judgment. and according to justice and
equity. all such claims as shall he 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 NH.
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 OF 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
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
holt nd 20 al l.
and TO represent 1t 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 10 such decisions without
any objection, evasion or delay whatso-
ever.
ARTICLE NV.
Every claim shall be presented 10 the |
commissioners within SIX months from tie |
day OF their first meeting. unless in any |
case where reasons Tor delay shall lie estab- |,
l!shed to the satisfaction of the commission |
ers, and then. and II any such case, tie pc
rod for presenting the claim may be extend |
Ell by them to any tine lot exceeding three |
months longer.
The commissioners shall he 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
sloners to decide il each case whether anv
claim has or has not been duly made. pre-.
ierred. and laid before them, either wholly
or 20 any and what extent, according 70 tie
true intent and meaning Of this treaty.
ARTICLE XIV.
All sums OF money which may he awarded
by the commissioners on account OF any
claim shall be paid by the one government
TO the other. rs The case NAV be. within
Twelve months after the date of the final
ward. without interest. and without any
deduction save a. specified in articl, xvi OF
his treaty.
ARTICLE XVI.
The commissioners shall keen an
accurate record, and correct nl;nures
II notes Of al their proceedings.
WITH tie dates thereof. and NAV
appoint and employ secretary. and any
,ther necessary officer or officers - assist
hem IN the transaction of the business
which may come before them
Each government shall pay its own COM
missioner and agent or counsel AL other
Expenses shall be betrayed by the two gov
rnments in equal lnoieties.
Inc whole expenses Uf the commission
including contingent expenses. shall be de-
layed by a ratabie deduction on the amount
|
Iovided always that such deduction shall
ot exceed the rate of i've per cen. or tie
iilns SO awarded.
ARTICLE XVII.
Inc high contracting parties engage 10
ohslder the result ot the proceedings OF |
ms commission as a full. perfect ard final
ettlement OF al such claims as are men
Toned in article MI of this treaty anon
ither governments and fur her enga re that !
very such clam, whether or not the same
lay nave been presented to the notice of. {
iade. preferred or laid before the said com E
Mission. shall from and after the conclu- &
on of the proceedings of the said commits I
on, be considered and treated as finally
'ttled, barred, and thenceforth iDadlniss- I
lie. {
Article XVIII. t
1t is agreed nv the high contracting par 4
es tnat. in addition to the liberty secured
} the United States fishermen by the con
antion between the United States and a
reat Britain. signed at London on The Il
ventieth day Of October, 1918. of taking. c
ring. ana drying fish on certain coasts Of t
le British North American colonies therein S
fined the inhabitants of the United States Il
all have. in common with the subjects of Il
er Britannia Majesty. the liberty. Tor the II
I'm of years mentioned in article xxxiii Ii
this treaty, to take fish of every kind. ey- s,
pit shell-tish. on the sea-cOasts and shores.
I'd in the bays harbors. and creeks. of the c,
ovinces of Quebec, Nova Scotia. and New in
anu the colony of Prince Ed r.
ARDS Island, and OF the several islands G,
ereunto adjacent. without being restricted NJ
any Instance IRON the shore, with per- ST
sslon to ianu upon the said coasts and OF
ores ana Islands. and also upon the Mag NJ
len Islands. for the purpose of dryin, M