Page:United States Statutes at Large Volume 18 Part 2c.djvu/366

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GREAT BRITAIN, 1871. 359 Anrrcnn IX. The Arbitrators shall keep an accurate record of their proceedings, Records. and may appoint and employ the necessary officers to assist them. Anrromr X. In case the tribunal iinds that Great Britain has failed to fulfil any B¤¤r<1<>f duty or duties as aforesaid, and does not award a sum in gross, the high °" "° b° “PP°*“*" contracting parties agree that a board of assessors shall be appointed to °dj,],°,£§°'p, dm,. ascertain and determine what claims are valid, and what amount or mine what claims. amounts shall be paid by Great Britain to the United States on account of the liability arising from such failure, as to each vessel, according to the extent of such liability as decided by the Arbitrators. The board of assessors shall be constituted as follows: One member Appointment or thereof shall be named by the President of the United States, one mem- bwrdber thereof shall be named by Her Britannic Majesty, and one member thereof shall be named by the Representative at Washington of His vm3mi8s_ Majesty the King of Italy; and in ease of a vacancy happening from any cause, it shall be filled in the same manner in which the original appointment was made. As soon as possible after such nominations the board of assessors shall M o o t i n g s o r be organized in Washington, with power to hold their sittings there, or *’°"·'d· in New York, or in Boston. The members thereof shall severally sub- Qualification. scribe a solemn declaration that they will impartially and carefully examine and decide, to the best of theirjudgment and according to jus- mmm 0 f tice and equity, all matters submitted to them, and shall forthwith pro- ,,,,,,1; gs ceed, under such rules and regulations as they may prescribe, to the investigation of the claims which shall be presented to them by the Government of the United States, and shall examine and decide upon them in such order and manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the Governments of the United States and of Great Britain, respectively. They shall be bound to hear on each separate claim, if required, one per- A mmm to d6_ son on behalf of each Government, as counsel or agent. A majority of cmg_ y the Assessors in each case shall be sndicient for a decision. Daemon when The decision of the Assessors shall be given upon each claim in and h ,, ,,’ to b , writing, and shall be signed by them respectively and dated. given, Every claim shall be presented to the Assessors within six months Cl¤¤¤¤*¢b•l•!¤- from the day of their nrst meeting, but they may, for good cause shown, :’L‘:t°,_?m:'_*°h* " extend the time for the presentation of any claim to a further period not exceeding three months. _ The Assessors shall report to each Government, at or before the expira- B°P°¤'* °Y *¤•°••·· tion of one year from the date of their iirst meeting, the amount of claims °”‘ decided by them up to the date of such report; if further claims then remain undecided, they shall make a further report at or before the expiration of two yearsdfrom the date of such first meeting; and in case any claims remain un etermjned at thaizltime, they shall make a dual report within a further peri of six mon s. . _ The report or reports shall be made in duplicate, and;one copy thereof P01::1"°'Y °f " ° shall be delivered to the Secretary of State of the United States, and one copy thereof to the Representative of Her Britanmc Majesty at Washington. _ _ All sums of money which may be awarded under this article shall be 1;=g¤•¤* of payable at Washington, in min, within twelve months after the delivery “" · of each report. _ The board of assessors may employ such clerks as they shall think CI¤rl¤· necessary. The expenses of the board of assessors shall be home equally by the Expensu. two Governments, and paid from time to time, as may be found expedient, on the production of accounts certified by the board. The remnneration of the Assessors shall also be paid by the two Governments in equal moieties in a similar manner.