Page:United States Statutes at Large Volume 18 Part 2c.djvu/636

 PERU, 1863. 629 Antrroma II. The Commissioners so named shall immediately after organization, _Sclection of nmand before proceeding  any other business, proceed to name a fifth !“'°· person to act as an arbitrator or umpire in any cate or cases in which they may themselves differ in opinion. Amucru III. The Commissioners appointed as aforesaid shall meet in Lima within Mmm of U,,,,, three months after the exchange of the ratiflcations of this convention · missionexg. and each one of the Commissioners, before proceeding to any business; shall take an oath, made and subscribed before the most Excellent Su- Om, preme Court, that they will carefully examine and impartially decide, l according to the principles of justice and equity, the principles of inter— national law and treaty stipulations, upon all the claims laid before them under the provisions of this convention, and in accordance with the evidence submitted on. the part of either Government. A similar Oath of umpire. oath_shall be taken and subscribed by the person selected by the Commissioners as arbitrator or umpire, and said oaths shall be entered upon the record of the proceedings of said commission. Amicus IV. The arbitrator or umpire being appointed, the Commissioners shall Examination or without delay, proceed to examine and determine the claims specihed °I“im¤- in the first article, and shall hear, if required, one person in behalf of each Government ou each separate claim. Each Government shall _Pnpers to be furfurnish, at the request of either of the Commissioners, the papers in its ”'¤l*°d· possession which may be important to the just determination of any of the claims referred. Anrrom V. From the decision of the Commissioners there shall be no appeal; What agreement and the agreement of three of them shall give full force and effect to ¤¤m¤¤°¤*· their decisions, as well with respect to the justice of their claims as to the amount of indemnification that may be adjudged to the claimants; and in case the Commissioners cannot agree, the points of difference shall be referred to the arbitrator or umpire, before whom the Commissioners may be heard, and his decision shall be final. Anrionn VI. The decision of the mixed commission shall be executed without ap- Execution of depeal by each of the contracting parties, and it shall be the duty of the ¤r¤<>¤· Commissioners to report to the respective Governments the result_of their proceedings; and if the decision of said Commissioners require Payments, how the payment of indemnities to any of the claimants, the sums deter- madcmined by the said Commissioners shall be paid by the Government against which they are awarded within one inonthafter said Govern-. ment shall have received the report of said Commissioners; and for any rmrm, delay in the payment of the sum awarded after the expiration ot said month, the sum of six per cent. interest shall be paid during such time as said delay shall continue. Awrrcrn VII. FOI' the purpose of facilitating the labors of the mixed commission, secretaries. each Government shall appoint a secretary to assist in the transaction of their business and to keep a record of their proceedings, and for the B,,,,,,, conduct of their business said Commissioners are authorized to make all necessary rules.