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United States, or the Government of France, or His Majesty the Emperor of Brazil, as the case may be, shall forthwith proceed to fill the vacancy so occasioned by naming another Commissioner within three months from the date of the occurrence of the vacancy.

ARTICLE IV.

The Commissioners named as herein before provided shall meet in the Commissioners city of Washington at the earliest convenient time within six months to meet in Washington. after the exchange of the ratifications of this convention, and shall, as their first act in so meeting, make and subscribe a solemn declaration — oath of. that they will impartially and carefully examine and decide, to the best of their judgment and according to public law, justice and equity, without fear, favor or affection, all claims within the description and true meaning of Articles I. and II., which shall be laid before them on the part of the governments of the United States and of France respectively; and such declaration shall be entered on the record of their proceedings: Provided, however, that the concurring judgment of any two Com--two may reuder missioners shall be adequate for every intermediate decision arising in decisions and make the execution of their duty and for every final award.

ARTICLE V.

awards.

The Commissioners shall, without delay, after the organization of the organization of. Commission, proceed to examine and determine the claims specfied in the preceding articles, and notice shall be given to the respective Governments of the day of their organization and readiness to proceed to the transaction of the business of the Commission.

They shall investigate and decide said claims in such order and in to decide on evsuch manner as they may think proper, but upon such evidence or in- idence furnished formation only as shall be furnished by or on behalf of the respective by the governGovernments.

ments.

documents.

They shall be bound to receive and consider all written documents or consider written statements which may be presented to them by or on behalf of the re- statements and spective Governments in support of, or in answer to, any claim, and to to hear one counhear, if required, one person on each side whom it shall be competent sel named by the for each Government to name as its Counsel or Agent to present and government on support claims on its behalf, on each and every separate claim.

each side.

Governments to

Each Government shall furnish at the request of the Commissioners, or of any two of them, the papers in its possession which may be im- furnish papers on portant to the just determination of any of the claims laid before the request. Commission.

ARTICLE VI.

final.

The concurring decisions of the Commissioners, or of any two of them, Decision in writshall be conclusive and final. Said decisions shall in every case be ing of two comgiven upon each individual claim, in writing, stating, in the event of a missioners to be pecuniary award being made, the amount or equivalent value of the Terms of awards, same in gold coin of the United States or of France, as the case may &c. be; and in the event of interest being allowed on such award, the rate thereof and the period for which it is to be computed shall be fixed, which period shall not extend beyond the close of the Commission; and said decision shall be signed by the Commissioners concurring therein.

ARTICLE VII.

Full force and

The High Contracting Parties hereby engage to consider the decis ion of the Commissioners, or of any two of them, as absolutely final and effect to be given to decisions withconclusive upon each claim decided upon by them, and to give full effect out delay. to such decisions without any objections, evasions, or delay whatever.

Claims to be pre

ARTICLE VIII.

Every claim shall be presented to the Commissioners within a period sented within six of six months, reckoned from the day of their first meeting for business, months after no- after notice to the respective Governments, as prescribed in Article V tice of meeting. of this Convention. (1)

Commissioners

Nevertheless, in any case where reasons for delay shall be established may extend time to the satisfaction of the Commissioners, or of any two of them, the period for presenting the claim may be extended by them to any time not exceeding three months longer.

three months.

Claims to be de

cided within two years without extension, except, &c.

Commissioners

The Commissioners shall be bound to examine and decide upon every claim within two years from the day of their first meeting for business as aforesaid; which period shall not be extended except only in case the proceedings of the Commission shall be interrupted by the death, incapacity, retirement, or cessation of the functions of any one of the Commissioners, in which event the period of two years herein prescribed shall not be held to include the time during which such interruption may actually exist.

It shall be competent in each case for the said Commissioners to deto determine cide whether any claim has, or has not, been duly made, preferred, and been duly present- laid before them, either wholly, or to any and what extent, according to the true intent and meaning of this Convention. (1)

whether claim has

ed.

Payment of awards.

Record of proceedings. Secretaries, &c.

Compensation of commissioners.

Other expenses.

ARTICLE IX.

All sums of money which may be awarded by the Commissioners as aforesaid, shall be paid by the one Government to the other, as the case may be, at the capital of the Government to receive such payment, within twelve months after the date of the final award, without interest, and without any deduction save as specified in Article X.

ARTICLE X.

The Commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof;

And the Governments of the United States and of France may each appoint and employ a Secretary versed in the language of both countries, and the Commissioners may appoint any other necessary officer or officers to assist them in the transaction of the business which may come before them.

Each Government shall pay its own Commissioner, Secretary and Agent or Counsel, and at the same or equivalent rates of compensation, as near as may be, for like officers on the one side as on the other.

All other expenses, including the compensation of the third Commissioner, which latter shall be equal or equivalent to that of the other Commissioners, shall be defrayed by the two Governments in equal moieties.

The whole expenses of the Commission, including contingent expenses, Expenses to be defrayed by deduc- shall be defrayed by a ratable deduction on the amount of the sums tion from sums awarded by the Commissioners, provided always that such deduction shall not exceed the rate of five per centum on the sums so awarded. If the whole expenses shall exceed this rate, then the excess of expense shall be defrayed jointly by the two Governments in equal moieties.

awarded.

ment.

ARTICLE XI.

The High Contracting Parties agree to consider the result of the Proceedings to proceedings of the Commission provided by this Convention as a full, be a final settle- perfect and final settlement of any and every claim upon either Government, within the description and true meaning of Articles I and II; And that every such claim, whether or not the same may have been Claims not pre- presented to the notice of, made, preferred, or laid before the said ComNOTE. (1) The time for presenting claims under this provision expired with June 22, 1881.

sented barred.

mission, shall, from and after the conclusion of the proceedings of the said Commission, be considered and treated as finally settled, concluded and barred.

ARTICLE XII.

Ratification of

The present Convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and convention. by the President of the French Republic, and the ratifications shall be exchanged at Washington, at as early a day as may be possible within nine months from the date hereof.

In testimony whereof the respective Plenipotentiaries have signed the present Convention, in the English and French languages, in duplicate, and hereunto affixed their respective seals.

Done at the city of Washington, the fifteenth day of January, in the year of our Lord one thousand eight hundred and eighty.

And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the city of Washington on the twenty-third day of June, one thousand eight hundred and eighty:

Now, therefore, be it known that I, RUTHERFORD B. HAYES, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

[June 25, 1880.]

INDEX.

NOTE.-A star (*) indicates that the provision on the page thus marked has been incorporated into the second edition of
the Revised Statutes. Brackets [ ] indicate that the provision on the page thus inclosed has been superseded or repealed
by subsequent legislation.

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to vessels of the United States involving
loss of life, &c., to be reported to col-
lectors of customs..

ACCOUNTING OFFICERS (See Au-
ditors; Comptrollers; Commissioner of
Customs; Claims),

to examine claims under certain exhausted
appropriations; amount found due
to be reported to Congress....

may be taken before notaries public for use
in United States courts, &c.....
ACTING,
postmaster, in case of vacancy, to be paid.
in War Drepatment, when Secretary is ab-
sent chief clerk may sign papers.......
when vacancy in office of Secretary, chief
clerk to have custody of records, &c.
chiefs of bureaus...

251

459

6

265

*276

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350

accounts not to be reopened

351

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on suspicion of smuggling...
books, &c., how obtained, examined, &c.
against officers receiving part of inform-
er's fees in violation of law...
issue whether acts done were with intent
to defraud the revenue to be deter-
mined by jury, or in certain cases by
judge...

for penalties and forfeitures under cus-
toms laws to be commenced within
three years, except, &c..
against officers of Congress for official acts
to be defended by district attorneys..
jurisdiction of circuit courts concurrently
with State courts..

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