Page:United States Statutes at Large Volume 18 Part 2c.djvu/517

 510 PUBLIC TREATIES. 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 Declaration of persons so named shall be umpire in that particular case. The person “mI“'°- or persons so to be chosen to be umpire shall, befbre proccedin g to act as such in any case, make and subscribe a solemn 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 such person or persons, or of his or their omitting, or declining, or ceasing to act as such umpire, another and different person shall be named, as aforesaid, to act as such umpire, in the place of the person so originally named, as aforesaid, and shall make and subscribe such declaration as aforesaid. Anmcnn II. Examination of The commissioners shall then conjointly proceed to the investigation s1,,,ms_ and decision of the claims which shall be presented to their notice, 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 on each and every Umpirs whss to separate claim. Should they fail to agree in opinion upon any indii,,, ,,,,1;,,,; iu_ vidual claim, they shall call to their assistance the umpire whom they may have agreed to name, or who may be determined by lot, as the case may be; and such umpire, after having examined the evidence adduced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the commis- Dw;,,,,,,,, to be sioners, shall decide thereupon finally and without appeal. The decisin writing. ion of the commissioners and of the umpire shall be given upon each claim in writing, shall designate whether any sum which may be allowed shall be payable in gold or in the currency of the United States, and Assn, 0,- mh shall be signed by them respectively. It shall be competent for each government. government 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. Decisions to bs The President of the United States of America and the President of mm1_ the Mexican Republic hereby solemnly and incerely engage to consider the decision of the commissioners conjointly, or of the umpire, as the case may be, as absolutely final and conclusive upon each claim decided upon by them or him, respectively, and to give full effect to such decisions without any objection, evasion, or delay whatsoever. In sdmissibls It is agreed that no claim arising out of a transaction of a date prior shim, to the 2d of February, 1848, shall be admissible under •this convention. Anrronn IH. Every claim shall be presented to the commissioners within eight Claims when to months from the day of their iirst meeting, unless in any case where be x·¤¤¤¤¤¤·>d- reasons for delay shall be established to the satisfaction of the commissioners, or of the umpire in the event of the commissioners differing in Extension or opinion thereupon, and then and in any such case the period for pretime sentiplg lthe claim may be extended to any time not exceeding three mont s onger. When decisions The commissioners shall be bound to examine and decide upon every to he made- _ claim within two years and six months from the day of their iirst meet- °,.Qg§‘f °f‘gf;P*:{; ing. _ It_ shall be competent for the commissioners conjointly, or for tim ,,,,,,,.s,{,Y,,,, ,,t·’1872, umpire if they dnifer, to decide in each case whether any claim has 01‘ p. 514.]