Page:United States Statutes at Large Volume 35 Part 2.djvu/848

 BOUNDARY CON VENTION—GREAT BRITAIN. Arun. 11, 1908. 2007 decision under the rules herein above set forth for the determination of that question, and under the recognized princi lcs of international law not inconsistent therewith, and upon the evidence and arguments submitted as aforesaid, with such additional statement of facts as may be appropriate, and such further printed argument on each side as may be desired, 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 b the Powers thus selected. The decision of such arbitrator D¤¢i¤i<>¤ ¤¤¤1- shall be hal, and the line shall be laid down and marked by the said Commissioners in accordance therewith and as herein provided. The arbitrator shall be requested to deliver, together with his °°¤“°¤d °*P°¤¤°¤· award, a statement of all the costs and expenses incurred by him in connection with the arbitration, which shall forthwith be repaid by the two Govermnents in equal moieties. It is further agreed that so far as practicable the said Commis· B<>¤¤¤j,¤vbu¤¤¤¤— y sioners shall establish boundary monuments and ranges and buoys g€iii°u¤°iLq. °"°°b° marking the course and location of the said line, and showing on which side of the boundary the several islands lying in said river belong, wherever in their judgment it is desirable that the boundary be so marked. _ - The charts upon which the boundary is marked as aforesaid shall be Uhm °°b¤m°°· in quadruplicate, and shall be certified and si ed by said Commissioners, and two duplicate orils thereof $11 be tiled by them with each Government, and it $ also be the duty of said Commissioners to repare in du licate, and file with each Government, a joint ‘ report under their hand)s and seals describing the line so marked by them and the monuments and range marks and buoys marking it. The line so defined and laid down shall be taken and deemed to be b,_.f’,§§:§y'f,f,Q’“ °f the international boundary from the mouth to the source of the St. Croix River as established by treaty provisions and the proceedings thereunder as aforesaid. Anrrcnn III. The boundary from the source of the St. Croix River to the St. Lawrence River. VVhereas the remonumenting of the course of the bounda\x;y defined mf,’§c‘;“§{*"g,_ QQQQ and laid down under the provisions of Articles I and I of the §§ver¤>S¢·L¤wr¢¤¤¢ Treaty of August 9, 1842, between the United States and Great V"` _ Britain has already been undertaken without a formal treaty agree- ,_,,§:‘Q,,'j’§° T‘°°"°”·”· ment, but by the joint and concurrent action of the Governments of the United States and Great Britain, certain monuments between Vermont and Canada having been relocated in 1849, and the portion of said boundary extending between Hall’s Stream and the St. Lawrence River in art having been remonumented in recent years and in part is now being remonumented under such action on both sides; and whereas the Commissioners appointed under Article VI of the Treaty of 1842 aforesaid were required to and did mark by monuments the land portion only of said line, and were not required to and did not mark by monuments the portions of the boundary extending along water courses, with the exception that the nationality of the several islands in the St. John River was indicated by monuments erected thereon and a series of monuments was placed by them along the edge of certain of the water courses to fix the general direction of the boundary, most of which monuments have since disappeared, but the entire boundary, including its course through the