Page:United States Statutes at Large Volume 17.djvu/911

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TREATY WITH GREAT BRITAIN. MAY 8, 1871. 871 that the privileges accorded to the citizens of the United States undertodommine the Article XVIII. of this treaty are of greater value than those accorded by °°'°P°¤*°**°¤i if Articles XIX. and XXI. of this treaty to the subjects of her Britannic Egyghgggigjd Majesty, and this assertion is not admitted by the government of the States for priv- United States, it is further agreed that commissioners shall be appointed ihgsf by to determine, having regard to the privileges accorded by the Unitedi·1liPs;oox•';v?i1`°f States to the subjects of her Britannic Majesty, as stated in Articles XIX. and XXI. of this treaty, the amount of any compensation which, in their opinion, ought to be paid by the government of the United States to the government of her Britannic Majesty in return for the privileges accorded to the citizens of the United States under Article XVIII. of this treaty; and that any sum of money which the said commissioners may so award Award whcuw shall be paid by the United States government, in a gross sum, within b° P“‘d‘ twelve months after such award shall have been given. Anrrcmc XXIII. The commissioners referred to in the preceding article shall be ap- Commissioners, pointed in the following manner, that is to say: One commissioner shall h°Y’t;‘:1lf° °·P‘ be named by the President of the United States, one by her Britannic Pom ’ Majesty, and a third by the President of the United States and her Britannic Majesty conjointly; and in case the third commissioner shall not have been so named within a period of three months from the date when this article shall take effect, then the third commissioner shall be named by the representative at London of his Majesty the Emperor of Austria and King of Hungary. In case`of the death, absence, or incapacity of any vacancies; commissioner, or in the event of any commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appointment, the period of three months in case of such substitution being calculated from the date of the happening of the vacancy. The commissioners so named shall meet in the city of Halifax, in the when and province of Nova Scotia, at the earliest convenient period after they have "·'h°*'° *° *****6 been respectively named, and shall, before proceeding to any business, Mir powers make and subscribe a· solemn declaration that they will impartially and 'md du""' carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity; and such declaration shall be entered on the record of their proceedings. Each of the high contracting parties shall also name one person to Agent for each attend the commission as its agent, to represent it generally in all matters €°'°"""°“"· ` connected with the commission. ARTICLE XXIV. The proceedings shall be conducted in such order as the commissioners Procsodingsbeappoiutod under Articles XXII. and XXIII. of this treaty shall determine. 2i;Sg*:;$S°‘;;2;v They shall be bound to receive such oral or written testimony as either ,0 be c0,,d{,c,,,d_ government may present. 1f either party shall offer oral testimony, the other party shall have the right of cross-examination, imder such rules as the commissioners shall prescribe. If in the case submitted to the commissioners either party shall have Documentsand Specified or alluded to any report or document in its own exclusive posses- P“P"“‘ SIOH, without annexing a copy, such party shall be bound, if.the other party thinks proper to apply for it, to furnish that party with a copy thereof; and either party may call upon the other, through the commissioners, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the commissioners may require. _ I The case on either side shall be closed within a period of six mouths Cases to be