Page:United States Statutes at Large Volume 46 Part 2.djvu/839

SMUGGLING CONVENTION-JAPAN. MAY 31,1928. 2447 and taken into a port of the United States, its territories or posses- sions, for adjudication in accordance with such laws. (3) The rIghts conferred by this article shall not be exercised at ,~Istance from ~ 8 greater distance from the coast of the United States, its territories ~~,~ess!~, boarding. or possessions, than can be traversed in one hour by the vessel sus- pected of endeavoring to commit the offense. In cases, however, in Extension if liquor which the liquor is intended to be conveyed to the United States, its :rveyed by other ves- territories or possessions, by a vessel other than the one boarded and searched, it shall be the speed of such other vessel, and not the speed of the vessel boarded, which shall determine the distance from the coast at which the right under this article can be exercised. ARTICLE III. No penalty or forfeiture under the laws of the United States shall Liquors list6d as sea b 1· bl h 1hI'l' I stores or cargo for Ii e app lca e or attac to a co 0 IC Iquors or to vesse s or persons foreign port, not sub- by reason of the carriage of such liquors, when such liquors are ject to penalties, etc, listed as sea stores or cargo destined for a port foreign to the United States, its territories orlossessions, on board Japanese vessels voyag- ing to or from ports 0 the United States, or its territories or pos- sessions, or passmg through the territorial waters thereof, prOVIded that such liquors shall be kept under seal continuously while the To be )rept w;tder vessel on which they are carried remains within said territorial ::TarmstroBot (talk)ile In AmerIcan waters and that no part of such liquors shall at any time or place be unladen within the United States, its territories or possessions. ARTICLE IV. Any claim by a Japanese vessel for compensation on the ground Action on clsims for that It has suffered loss or injury through the improper or unrea- loss, etc, sonable exercise of the rights conferred by Article II of this Con- Ante, p , 2446 - vention or on the ground that it has not been given the benefit of Article III shall be referred for the joint consideration of two persons, one of whom shall be nominated by each of the High Contracting Parties. Effect shall be given to the recommendations contained in any such Reference to Perma- joint report. If no joint report can be agreed upon, the claim shall TarmstroBot (talk) 16:40, 18 January 2013 (UTC) Court of Arbitra- be referred to the Permanent Court of Arbitration at The Hague Vol. 36 , p , 222l. described in the Convention for the pacifi.c settlement of interna- tional disputes, concluded at The Hague, October 18, 1907. The arbitral tribunal shall be constituted in accordance with Article 87 Vol. 36 , pp. 2233, (Chapter IV) and with Article 59 (Chapter III) of the said Con- 2228. vention. The proceedings shall be regulated by so much of Chapter IV of the Raid Convention and of Chapter III thereof (special regard being had for Articles 70 and 74, but excepting Articles 53 and 54) as the tribunal may consider to be applicable and to be consistent with the provisions of this agreement. All sums of money which Payment of awards. may be awarded by the tribunal on account of any claim shall be paid within eighteen months after the date of the final a ward without interest and without deduction, save as hereafter specified. Each Government shall bear its own expenses. The expenses of the tri- Expenses. bunal shall be defrayed by a ratable deduction from the amount of the sums awarded by it, at a rate of five per cent on such sums, or at such lower rate as may be agreed upon between the two Govern- ments; thE' deficiency, if any, shall be defrayed in equal moieties by the two Governments. ARTICLE V. This Convention shall be sub]'ect to ratification and shall remain t' Exchan d g d 6 (If ratifies- . f f 'od f f hd f Ions an uratlOn. III orce oraperl 0 onevear romt e ate0 theexchangeof ratifications. " 57894°-31-PT 2 --52