New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-23

eighteen hundred and saxty-one, and tn
ninth OF April, eighteen hundred and sixty
I'VE, inclusive, not being claims growing on
Of the acts Of the vessels referred to in arti
Gle one Of this treaty, and all claims, with tn
like exception, on the part of corporations
companies, or private individuals, sub
iects Of Her Britannia Majesty, upon tn
government Of the United States, arisin,
out of acts committed against the person
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, ant
which may yet remain unsettled, as we'll a!
any other such claim which may be present
ed within the time specified in article ri,
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 go named within
period of three months from the date OF
the exchange of the Publications of this
treaty, then the third commissioner shall he
named by tie 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
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 solemn declara-
ton that they will iDpartially 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-
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 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 Day
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.
if required, one person ON each side. on
behalf Of each government, on each and
every separate claim. A majority of the
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
and to represent II generally in all matters
with the investigation and de-
cisien thereof.
The high contracting parties hereby en-
gage to consider the decision of the com
nissioRers as absolutely final and conclusive
upon each claim decided upon by them. aud
70 give full effect to such decisions without
any objection, evasion OF delay wLatso-
ever.
ARTICLE XIV.
Every claim shall be presented 70 the
within six months from the
lay OF their first meeting. unless in any
,ase where reasons Tor delay shall be estab-
lshed TO the satisfaction Of the commission
rs, and then, and IL any such case. the Pc
iod for presenting the claim may be extend
II by them to any time not exceeding three
months longer.
The commissioners shall be bound t. ex-
mine and decide upon every claim within
wo years from the day of their first meet
ng. 1t shall be competent for the commits
toner's TO decide IN each case whether auv
lain has or has not been duly made. pre-
erred. and laid before item. either wholly
r to any and what extent. according TO tie
rue intent and meaning Of this treaty.
ARTICLE XIV.
All sums OF money which NAV he awarded,
Y the commissioners on account OF any
lain shall be paid by the one government
o the other. as the case may be- within .
welve months after the date of the rnai
ward. without interest, and without any
eduction save as specified in article Ky; o.
his treaty.
The commissioners shall keep an
record, AID correct minutes
r notes Of all their proceedings.
nth tie dates thereof and may
ppoint and employ a secretary, and al V
Their necessary officer or officers, to assist
hem III the transaction of the business
'hlch 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
i'll equal moieties.
Tie whole expenses of the commission
contingent expenses, shall be de-
cayed by a ratable deduction on the amount
the sums awarded by the commissioners,
rov!ded always that such deduction shall
OF exceed the rate of five per cent on the
lms SO awarded.
ARTICLE XVII
The high contracting parties engage to
Onslder the result of the proceedings of
his commission as full, perfect and final
attlement of all such claims as are men,
oned i'll article MI OF this treaty upon
ther government; and fur her engage that
very such claim. whether or not the same
lay have been presented TO the notice of,
lade. preferred or laid before the said com
Mission, shall, from and after the conclu-
on OF the proceedings Of the said commits
on. be considered and treated as finally
lie.
ARTICLE XVIII.
1t is agreed by the high contracting par
es that, III addition to the liberty secured |
, the United States fishermen by the con-
entiOn between the United States and |
reat Britain. signed at London on the !
yentieth day OF October, 1878, Of taking, |
lring. and drying fish on certain coasts Of |
re British North American colonies therein |
efned, the inhabitants of the United States |
lall have. in common with the subjects of !
er Britannia Majesty. the liberty. for the |
I'm of years mentioned in article xxxiii
this treaty, to take fish of every kind, ex-
.pt shell fish, on the sea-coasts and shores.
I'd in the bays, harbors, and creeks, OF the
:ovinces Of Quebec. Nova Scotia, and New
and the colony of Prince Ed
ards Island, and Of the several islands
ereunto adjacent. without being restricted
any distance from the shore. with Der.
isslon to land upon the said coasts and
ores and islands, and also upon the Mag.