Page:United States Statutes at Large Volume 18 Part 2c.djvu/638

 PERU, 1868. 631 names Uis Excellency Doctor Don José Antonio Barrenechea, Minister of Foreign Anlnrs of Peru; Who, after having communicated to each other their respective full powers, found in good and true form, have agreed as follows: Antrionn I. The high contracting parties agree that all claims on the part of cor. Claims to be reporations, companies, or private individuals, citizens of the United f9”°d W C°¤¤*¤i¤· States, upon the Government of Peru, and all claims on the part of cor- “‘°“°'“‘ porations, companies, or private individuals, citizens of Peru, upon the Government of the United States, which may have been presented to either government for its interposition since the sittings of the said mixed commission, and which remain yet unsettled, as well as any other claims which may be presented within the time specified in Article III hereinafter, shall be referred to the two Commissioners, who shall be appointee] in the following manner, that is to say: One Commissioner Arr9i¤_t¤¤<~>¤¤ of shall be named by the President of the United States, and one by the C°"‘""S“‘°“°“’· President of Peru. In case of the death, absence, or incapacity of either Commissioner, or in the event of either Commissioner omitting or ceasing to act as such, the President of the United States or the President of Peru, respectively, shall forthwith name another person to act as Commissioner in the place or stead of the Commissioner already named. The Commissioners so named shall meet at Lima at their earliest con- Meeting of Comvenience after they have been respectively named, not to exceed three missivuers. ` months from the ratification of this convention, and shall, before proceeding to any business, make and subscribe a solemn declaration that Declaration. they will impartially and carefully examine and decide to the best of their judgment, and according to justice and equity, without fear, favor, or affection to their own country, upon all such claims as shall be laid before them on the part of the Governmentsof the United States and Pern, respectively, and such declaration shall be entered on the record of the Commission. The Commissioners shall then, and before proceeding to other busi- Selcc t io n or ness, name some third person of some third nation to act as an Arbi- U'“P*'°- trator or Umpire in any case or cases on which they may themselves diner in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person of a third nation, 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 persons so named shall be the Arbitrator or Umpire in that particular case. The person or persons so to be chosen D I { f to be Arbitrator or Umpire shall, before proceeding to act as such in ump:’r‘;_""‘ '°“ ° any case, make and subscribe a solemn declaration in a form similar to that which shall have already been made and subscribed by the Commissioners, which shall be entered upon the records of their proceedings. In the event of the death, absence, or incapacity of such person v,,,,,,,,,c,,,,,_ or persons, or of his or their omitting or declining, or ceasing to act as such Arbitrator or Umpire, another and different person shall be named as aforesaid to act as such Arbitrator or Umpire in the place and stead of the person so originally named as aforesaid, and shall make and subscribe such declaration as aforesaid. Anrrcm: H. The Commissioners shall then forthwith proceed to the investigation lI}z¤¤*»¤s¤¤1<>¤ of of the claims which shall be presented to their notice. They shall in- ° “‘ “‘ vestigate and decide upon such claims in such order and rn such manner as they may conjointly think proper, but upon such evidence or information 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