Year: 1869

e third natitsl, and in each and every case iu which the 4imiss;oners may differ in opinion as to the decision which they ought to give it shall be determined by lot which of the two persons so named shall be the arbitrator or umpire in that particular case, The person or persons 30 to be chosen to be arbitrator or umpire shall, before proceeding to Act as such i'll any case, make and subscribe 6 solemn declaration in 6 form similar to that whicsA shall have already heen made and subscribed by the commissioners, which shall be entered upon the records of their pro- ceedings In the event of the death, absence, or incapacity ofsuch person or persons, or oi his or their omltting, or declining, or ceaSing to act as such arbitrator or umpire, another and different person shall be named As afore- said to act as such arbitrator or umpire in tho place and stead of the person so originally named as oforessid, and shall make and sub scribe such declaration as aforesaid.

 ARTICLE II.

 The commissioners shall then forthwith pro- ceed to the investigation of the claims which shall be presented to their otice. They shall investigate and decide upon such claims in such order and in such manner as they may conjointly think proper, bnt upon such evidence or information aE shall have been furnished by or on behalf of their respective governments They shall be bound to receive and peruss all written documents or state ments which may be presented to them by or on behalf of their 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 as counsel or agent for such government on each and every Seps- rate claim. Should they fail to agree in opinion on any individual claim, they shall call 10 their assistance the arbitrator or umpire whom they have agreed to name, or who may be deter mined by lot, as the case may be, and such arbitrator or umpire, after having examined the evidence adduced for and against the claim and after having heard, as required, one per 

 with the commissioners, shall decide thereupon finally and without appeal. The decision of the commissioners and of the arbitrator or um- pire shall be given upon each claim in writing, and shall be signed by them reEpe ctively. It shall be competent for each government 10 name one person to attend the commissioners as agent on it's behalf and to answer claims mada upon it, and to represent it generally in all matters connected with the investigation and decision thereof.

 The President of the United States and the President of Peru, hereby solemnly and sin. eerelv engage to consider the decision of the commissioners coniointly, or of tbe arbitrator or umpire as the case may be, as absolutely final and conclusive upon each claim decided upon by them or him, respectively, and to give full effect to such decisions, without any ob@ iections, evasion. or delay whatsoever. It is agreed that no claim arising out of any trAHs- action of date prior to the 30th of November, 1863, shall be admissible under this conyen- tion,

 ARTICLE III.

 Every claim shall be presented to the com- missioners within two months from the day of their first meeting, unless in any cage where reasons fer delay shall be established to the