The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1871-06-07

the extent Of such liability, as decided by arbi-
traitors The Board of Assessors shall be con-
stituted as follows One member thereof to be
named by the President of the United States,
one member by Her Britannia Majesty, and one
by the Representative at Washington of the
King Of Italy, and in case Of vacancy happening
from any cause, it shall be filed in the same
manner in which the original appointment was
made
As soon as possible after such nominations
Board of Assessors shall be organized at Wash
inrton, with power to hold their sittiDgs in New
York or in Berlin The members thereof shall
severally subscribe solemn declaration that they
will impartially and carefully examine and decide
to the best Of their judgment, and according to
justice and equity all matters submitted to them,
and shall forthwith proceed under such rules and
regulations they shall prescribe in the invest-
cation of the claims which shall be presented to
them by the Government Of the United States,
and shall examine and decide upon them in such
order and manner as they may think proper but
upon such evidence or information only as shall
be furnished by or on behalf Of the Government
Of Great Britain and Of the United States re-
spectively; they shall be bound to hear in each
separate claim, if required, one person on behalf
of each Government as consular agent. A ma
jority of the Assessors in each case shall be
sufficient for a decision. The decision of the
Assessors shall be signed by them and dated.
Each claim shall be presented to the Assessor
within six months from the day Of their first
meeting. but they may, for good cause shown,
extend the time for the presentation Of any claim
to further period not exceeding three months.
The Assessors shall report to each Government,
at or before the expiration OF one year from the
date Of the first meeting. the amount of claims
decided by them. Upon such report, if further
claims then remain undecided, they shall make
further report at or before the expiration of two
years from the date of such first meeting, and in
case any claims remain undetermined at that
time, they shall make final report within
further period of six months.
The report or reports shall be made in dup-
cate, one copy delivered to the Secretary of
State of the United States, and one to the Rep
resentatiye of Her Britannia Majesty at Wash
ington.
All sums of money which shall be awarded
under this article shall be payable at Washington
in coin within twelve months after the delivery
Of such report. The expenses of the Board Of
Assessors and payments to be divided equally
hot vaau tho t,Co EoyprDments
THE DECISION TO BE FINAL.
Article Eleven-1he high contracting parties
engage to consider the result of the proceedings
Of the Tribunal OF Arbitration and of the Board
IF Assessors, should such Board be appointed as
full, perfect, and final settlement of all claims
lereinbefore referred to. and further engage that
every such claim, whether the same may or may
rot have been presented to the notice, or made,
Or preferred or laid before the Tribunal or Board,
halI from and after the conclusion of the pro-
,eedings of the Tribunal or Board, be considered
md treated as finally settled, barred and thence
orth nadmissible.
Article Twelve provides that all other than
he Alabama claims of the citizens of either
country arising between April 18TH 1861, and
April 9th, 1863, inclusive, which may have been
PRESENTED to either Government for interposition
With the other, and which yet remain unsettled
IS well as any other such claims which may be
PRESENTED within the time specified in Article
fourteen of this Treaty shall be referred to three
Commissioners, to be appointed, one by the
President of the United States, one by Her
Majesty, and the third by the President
+ the United States and Her Britannia Majesty
onjointly, and in case the third Commissioner
hall not have been SO named within three
months from the date of exchange of ratifcations
f this Treaty, then the third Commissioner shall
e named by the representatives at Washington.
Tacancies are to be filed in like manner as the
rginal appointments.
The Commissioners are to meet at Washington
t the earliest convenient period after appoint
lent, and before proceeding to business, to be
roperly qualified to impartially perform their
utes.
Article Thirteen defines the duties of the Com
lissioners and provides that each side may have
ounsel to present the cases. A majority of the
shall be sufficient for an award in
ach case. and the high contracting parties engage
0 consider the decision of the Commissioners as
bsolutely final aud conclusive upon each claim
ecided upon by them, and to give full effect to
uch decisions without any objection, evasion, or
clay whatever. The Commissioners shall be
ound to examine and decide upon every claim
thin two years from the day of their first meet
lg. 1t shall be competent for the Commits
oners to decide in each case whether any claim
as or has not been duly made, preferred, and laid
efore them, either wholly, to any, and what
xtent, according to the true intent and meaning
this Treaty.
Article Fourteen-Every claim shall be pre-
ented to the Commissioners within six months
ON the day of the first meeting, unless in any
use where the reasons for delay shall be estab-
shed to the satisfaction of the Commissioners,
nd then, and in any such case, the period for
resenting the claim may be extended by them
, any time not exceeding three months longer.
Articles Fifteen and Sixteen provide that all
inns of money awarded by the Commissioners
lall be paid by the Government against whom
lie award is made, within one year after the day
final award, without deduction, except ratable
'duction for expenses of the Commission, in