New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-12

eighteen hundred and sixty-one, and the
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 its interposition with the other, and
which may yet remain unsettled, as well as
any other such claim which may be present
ed within fthe 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
q 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 representatives at Washington
OF His Majesty the King of Spain. In case
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 III
case of such substitution being calculated
from the date of the happening of the
vacancy.
Ihe commissioners so named shall meet at
Washington at the earliest convenient period
al hoy haa, val ~ ,nd.
and shall, before proceeding TO any busi-
ness, make and subscribe a solemn declara-
ton that they will impartially 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 may
think proper. but upon suph 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,
II required, one person on each side, on
behalf OF each government, on each and
every separate claim. A majority of the
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
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
behalf, and TO answer claims made upon it,
and TO represent it generally in all matters
connected with the investigation and de-
cisien thereof
The high contracting parties hereby en-
gage to consider the decision of the COM
missioaers as absolutely final and conclusive
upon each claim decided upon by them, and
To give full effect to such decisions without
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 delayishall be estab-
hshed to the satisfaction of the commissions
ers, and then, and in any such case, the pc
Rod for presenting she claim may he 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 may be awarded
by the commissioners on account of any
claim shall be paid by the one government
to 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 in article xvi of
this treaty.
ARTICLE XVI. OIL
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
and agent or counsel. All other |
shall be betrayed by the two gov
In equal moieties.
The whole expenses of the commission,
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 Oh the !
sums so awarded.
ARTICLE XVII.
The high contracting parties engage to |
consider the result of the proceedings of |
this commission as a full, perfect and final |
settlement of all such claims as are men,
toned in 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 iDadmiss- |
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'fsh 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-fish, 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- |
N issi.,,, To Land l1nan the sa;d aoartz- |