Page:United States Statutes at Large Volume 17.djvu/880

 840 UNITED STATES AND SPAIN. Jnrisdiction of interested, or in violation of international law or of the guarantees and “‘l’“’“°°'5· forms provided for in the treaty of October 27, 1795, between the United States and Spain, may be reviewed by the arbitrators. who shall make such award in any such case as they shall deem just. No judgment of a Spanish tribunal, disallowing the aiiirmation of a party that he is a citizen of the United States, shall prevent the arbitrators from hearing a reclamation presented in behalf of said party by the United States Government.; nevertheless, in any case heard by the arbitrators, the Spanish Government may traverse the allegation of American citizenship, and thereupon competent and sufficient proof thereof will be required. The commission having recognized the quality of American citizens in the claimants, they will acquire the rights accorded to them by the present stipulations as such citizens. And it is further agreed that the arbitrators shall not have jurisdiction of any reclamation made in behalf of a native-born Spanish subject, naturalized in the United States, if it shall appear that the same subject-matter having been adjudirated by a competent tribunal in Cuba, and the claimant, having appeared therein, either in person or by his duly appointed attorney. and being required by the laws of Spain to make a declaration of his nationality, failed to declare that he was a citizen of the United States; in such case. and for the purposes of this arbitration, it shall be deemed and taken that the claimant, by his own default, had renounced his allegiance to the United States. And it is further agreed that the arbitrators shall not have jurisdiction of any demands growing out of contracts. Expepses or G. The expenses of the arbitration will be defrayed by a percentage
 * ¥l>i¤;l¤-*t}°"· ¤{¤d to be added to the amount awarded. The compensation of the arbitra-

°w °my°" tors and umpire shall not exceed three thousand dollars each; the Allowam, to same allowance shall be made to each of the two advocates representadvocates- ing respectively the two governments: and the arbitrators may em- Sccl€l,,_,.y,md ploy a secretary at a compensation not exceeding the sum of five his p¤y· dollars a day for every day actually and necessarily given to the business of the arbitration. Awards to be 7. '1`he two governments will accept the awards made in the several feud °°¤· cases submitted to the said arbitration as final and conclusive, and ` will give full eflect to the same in good faith and as soon as possible.