Page:United States Statutes at Large Volume 35 Part 2.djvu/845

 2004: BOUNDARY CONVENTION—GREAT BRITAIN. Aran. 11, 1908. (2b From a point in Quoddy Roads, defined by the intersection of the range paming through the position of the Beacon of 1886 and Lubec Channel Light, with a range established by them on the west shore of Quoddy 1 Roads along the course of this latter range, which is about 80° 35' east of true south, into the Bay of Fundy. £.bi‘•ciht°¤ge¤inii1¤gf In ascertainin the location of the above-described line, the Commissioners shallI>e controlled by the indications of the range marks and monuments established along its course by said former Commissioners and by the charts upon which the said Commissioners marked · the line as tentatively agreed upon by them. bcU£,¤t<;5¤¤¤¤¤gd11¤¤ w The remaining portion of the line, lying between the two above- _ me ’ _ described sections, and upon the location o which said former Commissioners did not agree, shall pass through the center of the Lubec Narrows Channel between Campo Bello Island and the mainland, and, subject to the provisions hereinafter stated, it shall follow on either side of the said Narrows such courses as will connect with the parts of the line agreed upon as aforesaid, and such boundary shall consist of a series of straight lines defined by distances and courses; but inasmuch as differences have arisen in the past as to the location of the line with respect to Pope’s Folly Island above Lubec Narrows and with r ct to certain fishing grounds east of the dredged channel below me Narrows, it is agreed that each of the Hi h Contract- ” ing Parties shall present to the other within six months after the ratification of this Treaty a full printed statement of the evidence, with certified copies of original documents referred to therein which are in its possession, and the arguments upon which it bases its contentions, with a view to arriving at an adjustment of the location of this portion of the line in accordance with the true intent and mean- Pug? meets. rp. ing of the provisions relating thereto of the treaties of 1783 and 1814 m'between the United States and Great Britain, and the award of the Commissioners appointed in that behalf under the treaty of 1814; it being understood that any action by either or both Governments or their representatives authorized in t at behalf or by the local governments on either side of the line, whether prior or subsequent to such treaties and award, tending to aid in the interpretation thereof. shall be taken into consideration in determiningctheir true intent and meaning. Such agreement, if reached, shall reduced to writin in the form of a protocol and shall be communicated to the said Commissioners, who shall lay down and mark this portion of the boundary in · accordance therewith and as herein provided. m;};fgQ;°£Q;_¤P°¤ In the event of a failure to agree within six months after the date of exchanging the printed statements aforesaid, the question of which Government is entitled to jurisdiction over such island and fishing grounds under treaty provisions, and proceedings thereunder, interpreted in accordance with their true intent and meaning as above provided, and by reason of any rights arising under the recognized principles of international law, shall be referred forthwith for decision upon the evidence and arguments submitted as aforesaid, with such additional statement of facts as may be appropriate, and an argument in reply on each side, to an arbitrator to be agreed upon `by the two Governments, or, in case of a failure to agree, to be appointed by a third Power selected by the two Governments by common accord, or, if no agreement is thus arrived at, each Government shall select a different Power and the choice of the arbitrator shall be made in concert by the Powers thus selected. The decision of such arbitrator shall be final, and the line shall be laid down and marked by the said Commissioners in accordance therewith and as herein provided. ~ °°““‘“‘*°‘P°”'°* The arbitrator shall be requested to deliver, together with his award, a statement of all the costs and expenses incurred by him