Page:United States Statutes at Large Volume 17.djvu/905

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TREATY WITH GREAT BRITAIN. MAY 8, 1871. 865 of the said arbitrators, and to the agent of the other party, a counter case and additional documents, correspondence, and evidence, in reply to the case, documents, correspondence, and evidence so presented by the other arty. P The arbitrators may, however, extend the time for delivering such Time maybe counter ease, documents, correspondence, and evidence, when, in their judg— °X°°“d“d‘ ment, it becomes necessary, in consequence of the distance of the place from which the evidence to be presented is to be procured. If in the case submitted to the arbitrators either party shall have speci- Documsmand lied or alluded to any report or document in its own exclusive possession Palms *0 b° PY°· without annexing a copy, such party shall be bound, if the other party d‘°°°d’ thinks proper to apply for it, to furnish that party with a copy thereof; and either party may call upon the other, through the arbitrators, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the arbitrators may require. Anrronn V. It shall be the duty of the agent of each party, within two months after Arguments and the expiration of the time limited for the delivery of the counter case on l>1‘i<·>¥¤· both sides, to deliver in duplicate to each of the said arbitrators and to the agent of the other party a written or printed argument showing the points and referring to the evidence upon which his government relies; and the arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument, or oral argument by counsel upon it; but in such case the other party shall be entitled to reply either orally or in writing, as the case may be. Anrrcrn VI. In deciding the matters submitted to the arbitrators, they shall be gov- Rules, &c., to erned by the following three rules, which are agreed upon by the high 5_‘;‘;g;;‘£":,”€b*‘ . . . rencontractlng parties as rules to be taken as applicable to the case, and by decisions_ such principles of international law not inconsistent therewith as the arbitrators shall determine to have been applicable to the case. RULES. A neutral government is bound- First, to use due diligence to prevent the fitting out, arming, or equip- Obligations of ping, within its jurisdiction, of any vessel which it has reasonable ground to ;*n°;“£’3)€l‘;:°j:; believe is intended to cruise or to carry on war against a power with which diiigeiici, ii, pw it is at peace; and also to use like diligence to prevent the departure from ventthe fitting its jurisdiction of any vessel intended to cruise or carry on war as above, gg ggfgggéglgnt such vessel having been specially adapted, in whole or in part, within such gw]; ’ jurisdiction, to warlike use. Secondly, not to permit or suffer either belligerent to make use of its _ not to permit ports or waters as the base of naval operations against the other, or for the gg ggglsigftérd purpose of the renewal or augmentation of military supplies or arms, or min i,,,,.,,,,,,,, the recruitment of men. Thirdly, to exercise due diligence in its own ports and waters, and, as _ to use nge dilto all persons within its jurisdiction, to prevent any violation of the fore- :S5;f:f'°€0‘;Q“fQ;u going obligations and duties. viqliition of obligil lOIlB» Her Britannic Majesty has commanded her high commissioners and These rules not plenipotentiaries to declare that her Majesty’s government cannot assent %g;‘;‘if‘i.0;g8h“V° to the foregoing rules as a statement of principles of international law ._,,i,€,, iii., Ai,. Which were in force at the time when the claims mentioned in Article I. hams guims arose, but that her Majesty’s government, in order to evince its desire of gifs;} ,:mf;g°V' Strengthening the friendly relations between the two countries and of cases, von. xvii. 'l`xu:A·r.——55