Page:United States Statutes at Large Volume 18 Part 2c.djvu/334

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GREAT BRITAIN, 1853. 327 on the part of corporations, companies, or private individuals, subjects of Her Britannia Majesty, upon the Government of the United States which may have been presented to either Government for its interposiz tion with the other since the signature of the treaty of peace and friendship concluded between the United States of America and Great Britain at Ghent, on the 24th of December, 1814, and which yet remained un? settled, as well as any other such claims which may be presented within the time specified in Article III, hereinafter, shall be referred to two Commissioners, to be appointed in the following manner, that is to say: One Commissioner shall be named by the President of the United States, Appointment o f and one by Her Britannic Majesty. In case of the death, absence, or commissionersiucapacity of either Commissioner, or in the event of either Commissioner omitting nr ceasing to act as such, the President of the United States, or Her Britaunic Majesty, respectively, shall forthwith name another person to act as Commissioner in. the place or stead of the Commissioner originally named. The Commissioners so named shall meet at London at the earliest cou- Plum or met;. venient period after they shall have been respectively named; and shall, ing. before proceeding to any business, make and subscribe a solemn declara- Declaration. t-ion that 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 Governments of the United States and of Her Britannia Majesty, respectively; and such declaration shall be entered on the record of their proceedings. The Commissioners shall then, and before proceeding to any other Selection of business, name some third person to act as an Abitratnr or Umpire in umpireany case or cases on which they may themselves differ in opinion. If · they should not be able to agree upon the name of such third person, they shall each name a person; aud in each andevery case in which the Commissioners may diH'cr 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 to be Arbitrator or Umpire shall, before Declaration o f proceeding to act as such in any case, make and subscribe a solemn umviwdeclaration in a form similar tothat which shall already have been made and subscribed by the Commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or provision rm- his incapacity of such person or persons, or of his or their omitting, or not wti¤s· declining, or ceasing to act as such Arbitrator, or Umpire, another and diferent person shall be named as atbresaid 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. Aarxcm II. The Commissioners shall then forthwith conjointly pr0ceed_to the in- n mi Mm of vcstigation of the claims which shall be presented to their notice; They ,,,:,.,:2, g shall investigate and decide upon such claims in such order and in such manner as they may conjointly think proper, but upon such_ev1dence or information only as shall be furnished by or on behalf of the1r 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 their respective Governments, in support of, or in answer to, any claim; and to hear, if required, one person on each side, on behalf of each Government, as counselor agent for such Govern ment, on each and every separate claim. Should they fail to agree in opmion upon any individual claim, they shall call to their assistance the Arbitrator or Umpire whom they may have agreed to name, or who may he determined by lot, as the case may be; and such Arbntrator or Umpire, after having examined the evidence adduced for and against the claim, and