Page:United States Statutes at Large Volume 8.djvu/132

 120 TREATY WITH GREAT BRITAIN. 1794. Commission. damages, five commissioners shall be appointed, and authorized to meet MS K0 be ¤P- and act in manner following, viz. Two of them shall be appointed by p°"“?d *0 °S` his Ma`est two of them by the President of the United States by and certain the _ .l Yr _ _ same. with the adv1ce and consent of the Senate thereof, and the nfth by the unanimous voice of the other four; and if they should not agree in such choice, then the commissioners named by the two parties shall respectively propose one person, and of the two names solproposed, one shall be drawn by lot, in the presence of the four original commissioners. When the five commissioners thus appointed shall first meet, they shall, before they proceed to act, respectively take the following oath, or affirmation, in the presence of each other; which oath, or affirmation, being so taken and duly attested, shall be entered on the record of their proceedings, viz. I, A. B. one of the commissioners appointed in pursuance of the sixth article of the treaty of amity, commerce, and navigation, between his Britannic Majesty and the United States of America, do solemnly swear (or affirm) that I will honestly, diligently, impartially, and carefully examine, and to the best of my judgment, according to justice and equity, decide all such complaints, as under the said article shall be preferred to the said commissioners: and that I will forbear to act as a commissioner, in any case in which I may be personally interested. Their paws; Three of the said commissioners shall constitute a board, and shall and duty. have power to do any act appertaining to the said commission, provided that one of the commissioners named on each side, and the fifth commissioner shall be present, and all decisions shall be made by the majority of the voices of the commissioners then present. Eighteen months from the day on which the said commissioners shall form a board, and be ready to proceed to business, are assigned for receiving complaints and applications; but they are nevertheless authorized, in any particular cases in which it shall appear to them to be reasonable and just, to extend the said term of eighteen months, for any term not exceeding six months, after the expiration thereof The said commissioners shall first meet at Philadelphia, but they shall have power to adjourn from place to place as they shall see cause. The said commissioners in examining the complaints and applications so preferred to them, are empowered and required, in pursuance of the true intent and meaning of this article, to take into their consideration all claims, whether of principal or interest, or balances of principal and interest, and to determine the same respectively, according to the merits of the several cases, due regard being had to all the circumstances thereof, and as equity and justice shall appear to them to require. And the said commissioners shall have power to examine all such persons as shall come before them, on oath or affirmation, touching the premises; and also to receive in evidence, according as they may think most consistent with equity and justice, all written depositions, or books, or papers, or copies, or extracts thereof; every such deposition, book, or paper, or copy, or extract, being duly authenticated, either according to the legal forms now respectively existing in the two countries, or in such other manner as the said commissioners shall see cause to require or allow. U. S. topay The award of the said commissioners, or of any three of them as 2,* sum '*W¤f<l· aforesaid, shall in all cases be hnal and conclusive, both as to the justice ° of the claim, and to the amount of the sum to be paid to the creditor or claimant: And the United States undertake to cause the sum so awarded to be paid in specie to such creditor or claimant without cleductiong and at such time or times, and at such place or places, as shall be awarded by the said commissioners; and on condition of such releases or assignments to he given by the creditor or claimant, as by the said commissioners may he directed: Provided always, that no such