Page:United States Statutes at Large Volume 10.djvu/1134

1090 RECIPROCITY TREATY WITH GREAT BRITAIN. JUNE 5, 1854. contracting parties, on the application of either to the other, shall, within ‘ six months thereafter, appoint a commissioner. The said commissioners, 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. Umpire in cw, The commissioners shall name some third person to act as an arbitrator Of their di¤¤eT¤¤· or umpire in any case or cases on which they may themselves differ in mmf 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 in cases of difference or disagreement between the commissioners. The person so to be chosen to be arbitrator or umpire shall, before proceeding to act as such in any case, make and subscribe a 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 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. Such commissioners shall proceed to examine the coasts of the North American provinces and of the United States, embraced within the provisions of the first and second articles of this treaty, and shall designate the places reserved by the said articles from the common right of fishing therein. _The decision of the commissioners and of the arbitrator or umpire shall be given in writing in each case, and shall be signed by them respectively. 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. - Rights of Bm, ARTICLE 2. It is agreed by the high contracting parties that British ish subjects in subjects shall have, in common with the citizens of the United States, the £;°'l°““ £Sh°‘ liberty to take fish of every kind, except shell-fish, on the eastern sea- ` coasts and shores of the United States north of the 36th parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, harbors, and creeks of the said sea-coasts and shores of the United States and of the said islands, without being restricted to any distance from the shore, with permission to land upon the said coasts of the United States and of the islands aforesaid, 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 propertyyor with the fishermen of the United States, in the peaceable use of any part of the said coasts in their occupancy for the same purpose. It is understood that the above-mentioned liberty applies solely to the sea fishery, and that salmon and shad fisheries, and all iisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States. Certain arti- ARTICLE 3. It is agreed that the articles enumerated in the schedule V gl°;;d§‘§m;?;gY,';;‘ hereunto annexed, being the growth and produce of the aforesaid British to bg admitted colonies or of the United States, shall be admitted into each country, 1‘€- mtgy gg: ¤th¢¤‘ spectively, free of duty:-—