Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1872-01-06

Tered to the agent OF Great Britain tor ms Govern
nlent.
ARTICLE VIII.
Each Government shall pay its own agent and pro
vide for the proper remuneration of the counsel en-
poyed by it and of the arbitrator appointed by it,
for the expense Of preparing md submitting its cast
the arbitration shall be betrayed by the two Govern
ments in equal moeties.
ARTICLE X.
The arbitrators shall keep an accurate record Of
their proceedings, and may appoint and employ the
necessary officers to assist them.
ARTIc1EX.
In case the tribunal finds that Great Britain has
failed tc fulfill any duty duties aforesaid, and
does nos award sum in gross the high contracting
parties agree that board of assessors shall be APP
pointed to ascertain and determine what claims are
valid, and what amount amounts shall be paid by
Great Britain to the United States account of the
liability arising from such failure as TO each vessel
according to the extent of such liability as decided by
The board of assessors shall he constituted as fol-
lows: One member thereof shall be named by the
President of the United States member thereof
| shall be named by her Brittanic Majesty; and one
! member thereof shall be named by the Representa-
tive at Washington of his Majesty the King of Italy;
and in of vacancy happening from any cause it
shall be filed in the in which the origi-
nal appointment was made.
As soon as possible after such nominations the
board of assessors shall be organized in Washington
with power to hold their sittings there, in New
York, or in Boston. T members thereof shall sew
orally subscribe a solemn declaration that they will
mpartiaily and carefully examine and decide, to the
best of their judgment and according to justice and
equity all matters submitted to them and shall foath-
with proceed, under such rules and regulations as
they may prescribe to the investigation 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 they may
think proper but upon such evidence information
| only shall be furnished by on behalf of the
Governments of the United States and of Great Brit
ain, respectively. They shall be bound to hear
each separate claim if required, one person on behalf
of each Government, counsel agent. majority
of the assessors in each case shall be sufficient for
| decision.
! The decision of the assessors shall be given upon
each claim in writing, and shall be signed BY them
| respectively and dated.
Every claim shall be presented to the assessors with
in six months from the day of their rsl meeting but
they may for good cause shown, extend the sine for
the presentation of any claim to further period not
! exceeding three months.
The assessor shall report to each Government at Or
before the expiration of year from the date of
their first meeting the amount Of claims decided by
them up the date of such report; If further claims
then remain undecided they shall make further
port before the expiration Of two years from the
date of such first meetings and in any claims
main undetermined at that time, they shall make
final report within a further period of SIX months
The report or reports shall be made in duplicate,
and one COPY thereof shall be delivered to the Secre
tary State of the United States and copy th9re
of to the Representative OF her Brttanc Majesty at
Washington.
All sums of Il oney which may be awarded under
this article shall be payable at Washington i'll coin,
within twelve months after the delivery of each
port.
they shall think necessary.
The expenses of the board of assessors shall be
borne equally by the two Governments and paid from
to time, may be found expedient, on the pro-
duction of accounts certified by the board The re-
Enumeration of the assessors shall also be paid by the
two Governments in evual moities in similar man
ner.
ARTICLE XI.
10 he
result of the proceedings of the Tribunal OF Arbitra
tors and of the board of assessors should such board
be appointed, full perfect and final settlement of
all the claims hereinbefore referred to- and further
engage that every such claim, whether the may
or may not have been presented to the notice of,
mode preferred laid before the tribunal or board
shall, from and after the conclusion of the proceed
ngs of the tribunal board, be considered and treat
ed finally settled, barred and thenceiorth inadmis
sibe.
ARTICLE XII.
The high contracting parties agree that all claims
the part of corporations companies, or private indi
vduals citizens of the United States upon the Gov
eminent of her Brttanic Majesty arising out of acts
committed against the persons or property of citizens
of the United States during the period between the
thirteenth of April, eighteen hundred and sixtyone
and the ninth of April, eighteen hundred and sixty
hYe inclusive, not being claims growing out of the
acts of vessels referred to in article of this trea
ty, and all claims, with like exception, on the part
OF corporations, companies, private individuals,
subjects of her Brttanic Majesty, upon the Govern
ment of the United States arising out of acts commit
Britannia Majesty during the same period, which
may have been presented to either Government for its
interposition with the other, and which yet remain
unsettled well as any other such claims which may
be presented within the time specified in article XIV
of this treaty. shall be referred to the three commits
soners, to be appointed in the following manner,
that is to say: One commissioner shall be named by
the President of the United States one by her Britain
mic Majesty, and third by the President of the
United States and her Britannia Majesty conformity;
and in the third commissioner 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 of the death, absence or
incapacity of any commissioner, or in the event of
any commissioner emitting ceasing to act, the va
cancy shall be filed in the manner heIeinbefore pro-
yided for making the original appointment the peri
cd of three months in of such substitution being
calculated from the date OF the happening OF the va
cancy.
The commissioners so named shall meet at Wash
ton at the earliest convenient period, after they
have been respectfully named; and shall, before pro-
ceeding to any business. make and subscribe solemn
declaration that they will impsrtally and carefully
anime and decide, to the best of their judgment and
according TO justice and equity, all such claims
shall be laid before them the part of the Govern
ments of the United States and of her Britannia Ma
jesty respectively; and such declaration shall be en-
tered on the record of their proceedings.
ARTICLE XIII.
The commissioners shall then forthwith proceed to
the investigation of the claims which shall be present
ed to them. They shall investigate and decide such
claims in such order and manner as they may think
proper, but upon such evidence or information only
shall be furnished by on behalf of the respect
i've 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, in
to- any claim, to hear, if required person
on each side on behalf of each Government coun-
sci or agent for such Government each and every
separate claim. A majority of the commissioners
shall be sufficient for award in each case. The
award shall be given upon each claim in writing, and
shall be signed by the commissioners asserting to it.
1t shall be competent for each Government to name
person to attend the commissioners as its agent,
TO present and support claims on its behalf and to an
claims made upen it, and to represent it gener-
ally in all matters connected with the investigation
and decision thereof.
The high contracting parties hereby engage to
slider the decision of the commissioners as absolutely
final and conclusive upon each claim decided upon by
them and to give full effect such decisions without
ny objection, eva sion, or delay whatsoever
ARTICLE XIV.
Every claim shall be presented to the commission.
within six months from the day of their first
meeting, unless in any where reasons for delay
shall be established to the satisfaction OF the commits
sioners and then, and in any such case, the period
for presenting the claim may be extended by them to
any time not exceeding three months longer.
The commissioners shall be bound to examine and
decide upon every claim within two years from the
day of their first meeting. 1t shall be competent for
the commissioners to decide in each case whether sny
claim has or has not been duly made, preferred 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 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
The commissioners shall keep an accurate record
and correct minutes of all their proceedings
with the dates thereof, and may spppont and employ
secretary, and any other necessary ofcer.o officers,
to assist them in the transaction of the business
which may come before them.
Each Government shall pay it's commissioner
and agent counsel. All other expenses shall be
betrayed by the two Governments in equal moieties.
The whole expenses of the omission, including
contingent expenses shall be betrayed by ratsble
deduction on the amount of the awarded by the
commissioners, provided always that such deduction
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