Page:United States Statutes at Large Volume 18 Part 2c.djvu/374

 GREAT BRITAIN, 1871. 367 United States and of the Government of Her Britannic Majesty shell S¤l>¤¤i¤¤i<>¤ to be submitted to the arbitration and award of His Majesty the Emperor “’m“°"°" °fE"}‘ of Germany, who, having regard to the above-mentioned article of the P°r°r °f Gmmnd ` said treaty, shall decide thereupon, finally and without appeal, which of those claim is most in accordance with the true interpretation of the treaty of June 15, 1846. Anrrcu: XXXV. The award of His Majesty the Emperor of Germany shall be consid- A ward vv bv ered as absolutely iiual and conclusive; and full effect shall be given to °“"]· such award without any objection, evasion, or delay whatsoever. Such decision shall be given in writing and dated; it shall be in whatsoever form His Majesty may choose to adopt; it shall be delivered to the Representatives or other public Agents of the United States and of Great Britain, respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof. Anriorn XXXVI. The written or printed case of each of the two parties, accompanied 0***** °f °’{9b by the evidence offered in support of the same, shall be laid before His Qggfc $6 Xfbiifgi Majesty the Emperor of Germany within six months from the date of the mt, exchange of the ratitications of this treaty, and a copy of such case and evidence shall be communicated by each party to the other, through their respective Representatives at Berlin. _ The high contracting parties may include in the evidence to be con- E“d°¤°°- sidered by the Arbitrator such documents, official correspondence, and other odicial or public statements bearing on the subject of the reference as they may consider necessary to the support of their respective cases. _ _ After the written or printed case shall have been communicated by D‘;“'“°”° °*“*°‘ each party to the other, each party shall have the power of drawing up "‘°" ‘ and laying before the Arbitrator a second and deiinitive statement, if it think tit to do so, in reply to the case of the other party so communicated, which definitive statement shall be so laid before the Arbitrator, and also be mutually communicated in the same manner as aforesaid, by each party to the other, within six months from the date of laying the first statement of the case before the Arbitrator. A.mr1eL1¤.: XXXVH. If, in the case submitted to the Arbitrator, either party shall specify P¤I·;°"m*“;)d ‘}°°· or allude to any report or document in its own exclusive possession  ° "' without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof, and either party may call upon the other, through the Arbitrator, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrator _ may require. And if the Arbitrator should desire further elucidation F¤rih¤r¤v¤d¤¤¤¤· or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either party, and he shall be at liberty to hear one Counsel or Agent for each party, in relation to any matter, and at such time, and in such manner, as he may think fit. Amsroma XXXVIII. The Representatives or other public Agents of the United States and Agents ¤f each of Great Britain at Berlin, respectively, shall be considered as the G°'°'°“’°“°· Agents of their respective Governments to conduct their cases before the Arbitrator, who shall be requested to address all his communications and give all his notices to such Representatives or other public Agents, who shall represent their respective Governments generally, in all matters connectcd with the arbitration.