Page:United States Statutes at Large Volume 18 Part 2c.djvu/280

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GREAT BRITAIN, 1704. 273 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 preterred to the said commissioners: and that I will forbear to act as a commissioner, in any case in which I may be personally interested. Three of the said commissioners shall constitute a board, and shall Powers of comnave power to do any act appertaiuing to the said commission, pro- mi°°i°¤°"- vided that one of the commissioners named on each side, and the tlfth 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 appmr 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 themoh The said commissioners shall ilrst 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 Examination or so preferred to them, are empowered and required, in pursuance of the <=i¤i¤¤¤- 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 atlirmation., touching the premises; and also to receive in evidence, according as they may think most con- Evidencesistent 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 form now respectively existing in the two countries, or in such other manner as the said commissioners shall see cause to require or n low. The award of the said commissioners, or of any three of them as Awardtobehnal. aforesaid, shall in all cases be final and conclusive, both as to the justice of the claim, and to the amount of the sum to be paid to the creditor f or claimant; and the United States undertake to cause the sum so B3:} '“°“° ° awarded to be paid in specie to such creditor or claimant without de- ' duction; 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 releaea or assignments to be given by the creditor or claimant, as by the said commissioners may be directed: Provided always, that no such payment shall be iixed by the said commissioners to take place sooner than twelve months from the day of the exchange of the ratification of t is treaty. Anrrcnm VII. Whereas complaints have been made by divers merchants and others. Illegal captures citizens of the United States, that during the course of the warm which W B""“l’ "°”°*”· His Majesty is now engaged, they have sustained considerable losses and damage, by reason of irregular or illegal captures or condemnations of their vessels and other property, under color of authority or commissions from His Majesty, and that from various circumstances belonging to the said cases, adequate compensation for the losses and damages so sustained cannot now be actually obtained, had, and received by the ordinary course of judicial proceedings; it is agreed, that in all such cases, where adequate compensation cannot, for whatever reason, be now actually obtained, had, and received by the said merchants and others, in the ordinary course of justice, full and complete compensation British Governfor the same will be made by the British Government to the said com- ¤°¤s';:;;*°k° °°'¤· plainants. But it is distinctly understood that this provision is not to P°“ ‘ R s rv--18