« iepriekšējāTurpināt »
The Treaty of Government had undertaken to act upon the Washington.
principles set forth in these rules.
“And the High Contracting Parties agree to observe these rules as between themselves in future, and to bring them to the knowledge of other maritime Powers, and to invite them to accede to them.
“ ARTICLE VII.
“The decision of the Tribunal shall, if possible, be made within three months from the close of the argument on both sides.
“It shall be made in writing and dated, and shall be signed by the Arbitrators who may assent to it.
6. The said Tribunal shall first determine as to each vessel separately whether Great Britain has, by any act or omission, failed to fulfill any of the duties set forth in the foregoing three rules, or recognized by the principles of International Law not inconsistent with such rules, and shall certify such fact as to each of the said vessels. In case the Tribunal find that Great Britain has failed to fulfill any duty or duties as aforesaid, it may, if it think proper, proceed to award a sum in gross to be paid by Great Britain to the United States for all the claims referred to it; and in such case the gross sum so awarded shall be paid in coin by the Government of Great Britain to the Govern
The Treaty of Washington.
ment of the United States, at Washington, within twelve months after the date of the award.
“ The award shall be in duplicate, one copy whereof shall be delivered to the agent of the United States for his Government, and the other copy shall be delivered to the agent of Great Britain for his Government.
“Each Government shall pay its own agent and provide for the proper remuneration of the counsel employed by it and of the Arbitrator appointed by it, and for the expense of preparing and submitting its case to the Tribunal. All other expenses connected with the arbitration shall be defrayed by the two Governments in equal moieties.
“The Arbitrators shall keep an accurate record of their proceedings, and may appoint and employ the necessary officers to assist them.
" In case the Tribunal finds that Great Britain has failed to fulfill any duty or duties as aforesaid, and does not award a sum in gross, the High Con
a tracting Parties agree that a Board of Assessors shall be appointed to ascertain and determine what
The Treaty of claims are valid, and what amount or amounts Washington.
shall be paid by Great Britain to the United States on account of the liability arising from such failure, as to each vessel, according to the extent of such liability as decided by the Arbitrators.
“ The Board of Assessors shall be constituted as follows: One member thereof shall be named by the President of the United States, one member thereof shall be named by Her Britannic Majesty, and one member thereof shall be named by the Representative at Washington of His Majesty the King of Italy; and, in case of a vacancy happening from any cause, it shall be filled in the same manner in which the original appointment was made.
“As soon as possible after such nominations the Board of Assessors shall be organized in Washington, with power to hold their sittings there, or in New York, or in Boston. The members thereof shall severally 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, all matters submitted to them, and shall forthwith proceed, under such rules and regulations as they may prescribe, to the investigation of the claims which shall be presented to them by the Government of the Uvited States, and shall examine and decide
them in such order and manner as they may think
proper, but upon such evidence or information The Treaty of
Washington. only as shall be furnished by or on behalf of the Governments of the United States and of Great Britain respectively. They shall be bound to hear on each separate claim, if required, one person on behalf of each Government, as counsel or agent. A majority of the Assessors in each case shall be sufficient for a decision.
“ The decision of the Assessors shall be given upon each claim in writing, and shall be signed by them respectively and dated.
Every claim shall be presented to the Assessors within six months from the day of their first meeting, but they may, for good cause shown, tend the time for the presentation of any claim to a further period not exceeding three months.
“The Assessors shall report to each Government, at or before the expiration of one year from the date of their first meeting, the amount of claims decided by them up to the date of such report; if further claims then remain undecided, they shall make a further report at or before the expiration of two years from the date of such first meeting; and in case any claims remain undetermined at that time, they shall make a final report within a further period of six months.
“ The report or reports shall be made in duplicate, and one copy thereo ball be delivered to the
The Treaty of Secretary of State of the United States, and one Washington.
copy thereof to the Representative of Her Britannic Majesty at Washington.
“ All sums of money which may be awarded under this Article shall be payable at Washington, in coin, within twelve months after the delivery of each report.
" The Board of Assessors may employ such clerks as they shall think necessary.
“The expenses of the Board of Assessors shall be borne equally by the two Governments, and paid from time to time, as may be found expedient, on the production of accounts certified by the Board. The remuneration of the Assessors shall also be paid by the two Governments in equal moieties in a similar manner.
" ARTICLE XI.
“ The High Contracting Parties engage to con
* sider the result of the proceedings of the Tribunal of Arbitration and of the Board of Assessors, should such Board be appointed, as a full, perfect, and final settlement of all the claims hereinbefore referred to; and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the Tribunal or Board, shall, from and after the conclusion of the proceedings of the Tribunal