Page:United States Statutes at Large Volume 10.djvu/1033

 TREATY IVITII GREAT BRITAIN. Fen. 8, 1853. 989 commissioner in the place or stead of the commissioner originally named. The commissioners, so named, shall meet at London at the earliest con- pim, of mega venient period after they shall have been respectively named; and shall, ingbefore proceeding to any business, make and subscribe a solemn declare.- pscimaiion dition that they will impartially and carefully examine and decide, to the W6 <¤<>¤¤¤¤i¤Si<>¤~ best of their judgment, and according to justice and equity, without fear, m' favor, or affection to their own country, upon all such claims as shall be laid before them on the part of the Governments of the United States and of her Britannic Majesty, respectively; and such declaration shall be entered on the record of their proceedings. The commissioners shall then, and before proceeding to any other Umpire, business, name some third person to act as an arbitrator or umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person; and in each and every case in which the commissioners 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 so to be chosen to be arbitrator or umpire, shall, before proceeding to act as such in any case, make and subscribe a solemn declaration His declaration. in a form similar to that which shall already have been made and subscribed by the commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of _Pr<>viSi<>r} for such person or persons, or of his or their omitting, or declining, or ceas· ms Im "°m’g‘ ing to act as such arbitrator or umpire, another and different person shall be named as aforesaid to act as such arbitrator or umpire in the place and stead of the person so originally named as aforesaid, and shall make and subscribe such declaration as aforesaid. Anrrcts II. 'I`he commissioners shall then forthwith conjointly proceed to the in- investigation vestigation of the claims which shall be presented to their notice. They <>¢` ¤l¤im¤· shall investigate and decide upon such claims, in such order, and in such manner, as they may conjointly think proper, but upon such evidence or information only as shall be furnished by or on behalf of their respective governments. They shall be bound to receive and peruse all written documents or statements 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 separate claim. Should they fail to agree in opinion upon any individual claim, they shall call to their assistance the arbitrator or umpire whom they may have agreed to name, or who may be determined by lot, as the ease may be; and such arbitrator or umpire, after having examined the evidence adduccd for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the commissioners, shall decide thereupon finally, and without appeal. The decision of the commissioners, and of the arbitrator or umpire, shall he given upon each claim in writing, and shall be signed by them respectively. It shall be competent for each go- Agentvernment to name one person to attend the commissioners as agent on its behalf, 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 decision thereof The President of the United States of America, and her Majesty the Deeisionmude Queen of the United Kingdom of Great Britain and Ireland, hereby so- mM' lcmnly and sincerely engage to consider the decision of the commissioners