Page:United States Statutes at Large Volume 18 Part 2c.djvu/203

 196 PUBLIC TREATIES. ECUADOR-, 1862. _ . _7 . . . i, TES OF AMERICA AND THE Ric- ..1‘°"·@..25·"""· °?»’t‘éti§‘%i· 2E5X55E ETSI? ¥$t"§Bi?£,tMEN·i OF CLAIMS, COw_U_..,;s AT GUAYAQUIL NOVEMBER 25, 18s2i RA’1‘Ir*10AT10NADV1sBD ni saturn JANUARY 2s, 1st2s; RATI1·`InD BY PRESIDENT PEBRUARY 1.}. 186.%, RATIr1- CATIONS EXCHANGILD AT QUIT0 JULY 27, 1664; PROCLAIMI-.D SE1 TEMBER 8, 1864. Contracting par- The United States of America. andthe Republic ol Ecuador, desiring. '~*°¤· to adjust the claims of citizens of said States against Ecuador, and ot citizens of Ecuador against the United States, have, for that purpose, appointed and conferred full powers, respectiveiy, to wit: _ _ Nnnnii,, ini,,_ The President of the United States on Frederick Hassaurek, Minister Resident of the United States in Ecuador, and the President of Ecuador on J nan J osé Flores, General-in-Chief of the Armies of the Republic; Who, after exchanging their full powers, wh1ch_were found in good and proper form, have agreed on the following articles: Anrronm I. Claims to be re- All claims on the part of corporations, companies, or individuals, citif""°d .*". B""} °f zens of the United States, upon the Government of Ecuador, or of cor- C°m°"S°l°“°m' poratious, companies, or individuals, citizens of Ecuador, upon the Goverment of the United States, shall be referred to a Board of Commission- _ ers, consisting of two members, one of whom shall be appointed by the AW°"?*m*’“*‘ °f Government of the United States, and one by the Government of Ecua- C0mmlSSl0D8TB. . . . . . . Vnnnnnins, iinw dor. In case oi death, absence, resignation, or incapacity of either comfilled. missioner, or in the event of either commissioner omitting or ceasing to act, the Government of the United States or that of Ecuador, respectively, or the Minister of the United States in Ecuador, in the name of his Gov- _ ernment, shall forthwith proceed to fill the vacancy thus occasioned. °f °°'“' The commissioners so named shall meet in the city of Guayaquil within ' ninety days from the exchange of the ratitications of this convention, Oath. and before proceeding to business shall make solemn oath that they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims that shall be submitted to them ; and such oath shall be entered on the record of their proceedings. Snieciioi, of um- The commissioners shall then proceed to name an arbitrator or umpns. pire, to_decide upon any case or cases concerning which they may disagree, or upon any point of difference which may arise in the course of their proceedings. And if they cannot agree in the selection, the umpire shall be appointed by her Britannic Majesty’s Charge d’Affaires, or (excepting the Minister Resident of the United States) by any other diplomatic agent in Quito whom the two high contracting parties shall invite to make such appointment. ` Aurrcrn II. ~ Exnniinniinn nf _The arbitrator or umpire being appointed, the commissioners shall, mime. without delay, proceed to examine the claims which may be presented to them by either of the two Governments; and they shall hear, if P bef required, one person in behalf of each Government on every separate Dmznlers to ur- claim. Each Government shall furnish, upon request of either commissioner, such papers in its possession as may be deemed important to the Just determination of any claim or claims. Awninn In cases where they agree to award an indemnity they shall determine the amount to be paid. In cases in which said commissioners cannot agree, the points of difference shall be referred to the umpire, before whom each of the commissioners may be heard, and whose decis- 10D shall be final.