New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-21

ninth of April, eighteen hundred and sixty
five, inclusive, not being claims growing out
of the acts of the vessels referred to IN artl-
Gle one of this treaty, and all claims, with the
like exception, on the part OF corporations,
companies, or private individuals, sub
jects 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
| which 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 a third by the President of the
United States and Her Brittanic Majesty
| conformity; and in case the third commits
| siOner shall not have been so named within
a 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 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 filled in the manner here
inbefore 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 a solemn declara-
ton that they will impartially and care
+I,llx do r. l,ac% &c
their Judgment, and according to justice and
equity, all such claims as shall be 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 on 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 may
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,
| If required, one person on each side, on
| behalf OF each government, on each and
every separate claim. majority of the
commissioners shall be sufficient for
an award in each case The award
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
| behalf, and to answer claims made upon it,
and to represent it 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
missioners 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- |
lished 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 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
ing. 1t shall be competent for the commits |
sioners 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 |
by the commissioners on account of any |
claim shall be paid by the one government |
Nha- :. h L Il
twelve months after the date of the final |
award, without interest. and without any |
deduction save as specified in article xvi of |
this treaty.
ARTICLE XVI.
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 COM |
missioner and agent or counsel All other |
expenses shall be betrayed by the two gov
ernments in equal moieties.-
The whole expenses of the commission |
including contingent expenses, shall be de-
frayed by a ratable deduction on the amount |
of the sums awarded by the commissioners.
provided always that such deduction shall |
not exceed the rate of five per cent on the |
sums so awarded.
ARTICLE XVII.
The high contracting parties engage to
consider the result OF the proceedings of
this commission as full, perfect and final |
settlement of all such claims as are men
toned i'll article XII Of this treaty upon
either government; and fur. her engage that
every such claim, whether or not the same |
may have been presented to the notice of,
made, preferred or laid before the said COM
mission, shall, from and after the conclu-
sion of the proceedings of the said commits
sion. be considered and treated as finally
settled, barred, and thenceforth inadmiss-
ible.
ARTICLE XVIII.
1t is agreed by the high contracting par
ties that in addition to the liberty secured
to the United States fishermen by the con-
vention between the United States and
Great Britain, signed at London on the
twentieth day of October 1918, of taking
curing, and drying fish on certain coasts of
the British North American colonies therein
defined, the inhabitants of the United States
shall have, in common with the subjects of
Her Britannia Majesty, the liberty, for the
term of years mentioned in article xxxiii
of this treaty, to take fish of every kind ex-
cept shell-tish, on the sea-coasts and shores,
and in the bays, harbors, and creeks. of the
provinces of Quebec, Nova Scotia and New
Brunswick, and the colony of Prince Ed
wards Island, and of the several islands
thereuntO adjacent, without being restricted
to any distance from the shore, with per-
mission to land upon the said coasts and
shores and islands, and also upon the Mag
dalen Islands, for the purpose of drying
their nets and curing their fish; provided
that, in so doing, they do not interfere with