New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-16

hve, inclusive, not being claims growing 0u
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
4 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 its interposition with the other, and
which may yet remain unsettled, as well al
| 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 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 Publications 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 eeasing to act, the
vacancy shall be filled in the manner here
|
| appointment; the period of three months In
case OF such substitution being calculated
from the date of the happening of the
| vacancy. .. b.
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
1 nd 10 hoe ~
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 Britanie
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
whle4 snail be presented to them. They
shall investigate and decide such claims in
such order and such manner as they NAV
thlnk 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
behalf of each government, ON each and
every separate claim. majority of the
commissioners shall be sufficient for
an award in each case.s The award
shall be given upon each claim in
writing, and shall be signed by the COM
missloners 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
DHhdlf
and TO represent it generally in all matters
connected with the investigation and de-
eisien 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 Tor delay shall DE estab-
hshed to the satisfaction of the commission
ers, and then, and in any such case. the De-
riodstor 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 |
sloners to decide in each case whether any |
claim has or has not been duly made, pre- |
terred, 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 may be awarded |
by the commissioners on account of any
nj oiTN Sha he -
10 the other, as the case may be, within /
twelve months after the date of the final /
award, without interest, and without any
deduction save as specified III 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 NAV
appoint and employ a secretary, and any
other necessary officer or officers, to assist
which may come before them.
Each government shall pay its own COM
and agent or counsel All other
shall be betrayed by the two GOV
in equal moieties.
The whole expenses of the commission. |
including contingent expenses, shall be de-
trayed bya ratable deduction on the amount
Of the sums awarded by the commissioners.
provided always that such deduction shall
lot 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
his commission as a full perfect and final
of all such claims as are men
Toned in article XII of this treaty upon
ither government; and further engage that
10. L. L
nay have been presented to the notice Of
made, preferred or laid before the said com
mission, shall, from and after the conclu-
ion OF the proceedings of the said commits |
ion, be considered and treated as finally
ettled, barred, and thenceforth inadmiss-
BILE.
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 /
ention between the United States and |
treat Britain, signed at London on the
wentieth day of October, 1873 of taking,
uring, and drying fish on certain coasts Of
he British North American colonies therein
efined, the inhabitants of the United States
hall have, in common with the subjects of
Ter Britannia Majesty, the liberty, for the ]
erm of years mentioned in article xxxiii !
this treaty, to take fish of every kind, ex- s
ept shell-fsb, on the sea-coasts and shores,
nd in the bays, harbors, and creeks, of the
rovinces of Quebec, Nova Scotia, and New i
brunswick, and the colony of Prince Ed I
ards Island and of the several islands {
lereunto adjacent, without being restricted ]
, any distance from the shore, with per-
ission to land upon the said coasts and {
lores and islands, and also upon the Mag I
allen Islands, for the purpose of drying I
leir nets and curing their fish; provided
lat, in so doing, they do not interfere with