Page:United States Statutes at Large Volume 18 Part 2c.djvu/367

 3(_$ PUBLIC TREATIES. Aarrcira XI. Decisions of Ar- The high contracting parties engage to consider the result of the pm. l’“"”"”"'* "“‘l AS' ceedings of the tribunal of arbitration and of the board of Assessors, RSSMS m M mm1` should such board be appointed, as a full, perfect, and final settlement Claims not pre- of all the claims hereinbefore referred to, and further engage that every “°“°°d· b”·”°d· such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board, shall, from and after the conclusion of the proceedings of the tribunal or board, be considered and treated as finally settled, barred, and thenceiorth inadmissible. ARTICLE XII. Certain other The high contracting parties agree that all claims on the part of cor- ¤l¤*¤*¤ to be ’°f°*`· porations, companies, or private individuals, citizens of the United r“{;B;gu£;r°° C°m` States, upon the Government of Her Britannic Majesty, arising out of macts committed against the persons or property of citizens of the United States during the period between the thirteenth of April, eighteen hundred and sixty-one, and the ninth of April, eighteen hundred and sixty- Eve, inclusive, not being claims growing out of the acts of the vessels referred to in Article I of this treaty, and all claims, with the like exception, on the part of corporations, companies, or private individuals, subjects of Her Britannic Majesty, upon the Government of the United States, arising out of acts committed against the persons or property of subjects of Her Britannic Majesty during the same period, which may have been presented to either Government for its interposition with the other, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in Article XIV of this treaty, shall be referred to three Commissioners, to be appointed in the Commission ers, following manner, that is to say: One Commissioner shall be named by h°"’ *0 l’° “‘”“°d· the President of the United States, one by Her Britannica Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly; and in case the third Commissioner shall not have been so named within a. period of three months from the date of the exchange of the ratincations of this treaty, then the third Commissioner shall be named by the Representative at Washington of His Majesty the King vacancies_ of Spain. In case of the death, absence, or incapacity of any Commissioner, or in the event of any Commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appointment; the period of three months in case of such substitution being calculated from the date of the happening of the vacancy. Meeting of com- The Commissioners so named shall meet at Washington at the earliest ¤¤l$¤*°¤€*‘S· _, convenient period after they have been respectively named; and shall, [Sw ¤<}<l¤*}°I]¤1 before proceeding to any business, make and subscribe a solemn decla- “'°"’l°¤187"¤P‘3°"‘] ration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, all SHG}! claims as shall be laid before them on the part of the Governments of the United States and of Her Britannia Majesty, respectively; and such declaration shall be entered on the record of their proceedings. Anriorn XIII. Claims to be iu- The Commissioners shall then forthwith proceed to the investigation "°“°'€"°°d· of the claims which shall be presented to them. They shall investigaw and decide such claims in such order and such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the respective 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, or in answer to, any claim, and to hear, if rc-