Page:United States Statutes at Large Volume 18 Part 2c.djvu/337

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3:-]() PUBLIC TREATIES. Arttrronn I. Rights of cid- It is agreed by the high contracting parties that in addition to the '“°" Qi U’¥*E°d liberty secured to the United States fishermen by the above-mentioned §;‘,Q:‘§°sl" Bnmh convention of October 20, 1818, of taking, curing, and drying fish on certain coasts of the British North American Colonies therein defined, the inhabitants of the United States shall have, in common with the subjects of her Britannic Majesty, the liberty to take iish of every kind, except shell-tish, on the sea-coasts and shores, and in the bays, harbors, and creeks of Canada, New Brunswick, Nova Scotia, Prince Edward’s Island, and of the several islands thereunto adjacent, without being restricted to any distance from the shore, with permission to land upon the coasts and shores of those colonies and the islands thereof', and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish; provided that, in so doing, they do not_interfere with the rights of private property, or with British fishermen, in the peaceable use of any part of the said coast in their occupancy for the same purpose. _ Reserved B r i t- It is understood that the above-mentioned liberty applies solely to the Nh **¤h°“°* sea fishery, and that the salmon and shad fisheries, and all fisheries in rivers and the mouths of rivers, are hereby reserved exclusively for British ushermen. Commissioners to And it is further agreed that, in order to prevent or settle any disputes determine-resrrva as to the places to which the reservation of exclusive right to British

    • °“¤- fishermen contained in this article, and that of fishermen of the United

States contained in the next succeeding article, apply, each of the high contracting parties, on the application of either to the other, shall, with- Declare tion of in six months thereafter, appoint a Commissioner. The said Commis- <=°¤¤¤*i¤¤*°¤°*‘¤· sioners, before proceeding to any business, shall make and subscribe a solemn declaration 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 places as are intended to be reserved and excluded from the common liberty of fishing under this and the next succeeding article; and such declaration shall be entered on the record of their proceedings. Seletion or um. The Commissioners shall name some third person to act as an Arbitrator rim- or Umpire in any case or cases on which they may themselves difer in opinion. If they should not be able to agree upon the name of such third person`, they shall each name a person, and it shall be determined by lot which of the two persons so named shall be the Arbitrator or Umpire pm,,.;;., n of in cases of diference or disagreement between the Commissioners. The umpire. person so to be chosen to be Arbitrator or Umpire shall, before proceeding to act as such in any case, make and subscribe u solemn declaration in a form similar to that which shall already have been made and subscribed by the Commissioners, which shall be entered on the record of Vacancies. their proceedings. In the event of the death, absence, or incapacity of either of the Commissioners, or of the Arbitrator or Umpire, or of their or his omitting, declining, or ceasing to act as such Commissioner, Arbitrator, or Umpire, another and different person shall be appointed or named as aforesaid to act as such Commissioner, Arbitrator, or Umpire, in the place and stead of the person so originally appointed or named as aforesaid, and shall make and subscribe such declaration as aforesaid. Proceedin gs of Such Commissioners shall proceed to examine the coasts of the North °°'°'”“¤°°'=‘=°· American provinces and of the United States, embraced within the pw- [Sw Amd" Xx, visions of the first and second articles of this treaty, aud shall designate grggggy of pm, P, glgrglgces reserved by the said articles from the common right of fishing D°°'**°¤¤· The decision_ot' the_ Commissioners and of the Arbitrator or Umpiw gllmhtpzgiven in writing in each case, and shall be signed by them 1*8- The high contracting parties hereby solemnly engage to consider the decision of the Commissioners conjointly, or of the Arbitrator or Umpire, as the case may be, as absolutely final and conclusive in each case decided upon by them or him respectively.