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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 hereinbefore provided shall meet in the Commissioners city of Washington at the earliest convenient time within six months to meet in Wash

ington. 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 render missioners shall be adequate for every intermediate decision arising in decisions and make

awards. the execution of their duty and for every final award.

ARTICLE V.

.

The Commissioners shall, without delay, after the organization of the organization of. Commission, proceed to examine and deterniine 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 govern. Governments.

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 documents.

to hearone 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. Each Government shall furnish at the request of the Commissioners, Governments to 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.

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 bé 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.

The High Contracting Parties hereby engage to consider the decis. Full force and ion of the Commissioners, or of any two of them, as absolutely final and effoct to be given conclusive upon each claim decided upon by them, and to give full effect out delay.

to decisions with. to such decisions without any objections, evasions, or delay whatever.

ARTICLE VIII.

Claims to be pre

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 tico 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 pethree months.

riod for presenting the claim may be extended by them to any time not

exceeding three months longer. Claims to be de- The Commissioners shall be bound to examine and decide upon every cided within two claim within two years from the day of their first meeting for business years without extension, except,

as aforesaid; which period shall not be extended except only in case &c.

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

ARTICLE IX.

Payment of All sums of money which may be awarded by the Commissioners as awards.

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.

Record of pro

The Commissioners shall keep an accurate record and correct minutes ceedings.

or notes of all their proceedings, with the dates thereof; Secretaries, &c.

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. Compensation of

Each Government shall pay its own Commissioner, Secretary and commissioners. 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. Other expenses.

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. Expenses to be

The whole expenses of the Commission, including contingent expenses, 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 awarded.

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.

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.

ment, 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 vot pre- presented to the notice of, made, preferred, or laid before the said Comsented barred.

NOTE.-(1) The time for presenting claims under this provision expired with June 22. 1881.

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.

The present Convention shall be ratified by the President of the United Ratification of 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.

loss of pay..

with process

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

Page.
A.

ACCOUNTS,
ABANDONED AND DERELICT,

of Post-Office Department, how to be kept
sunken vessels, &c., obstructing navigation,

by Sixth Auditor....

154
when may be treated as, and removed

of clerks, marshals, district attorneys, and
and sold

550

commissioners for costs, &c., how
ABSENCE,

proved, before taxation and allow-
leaves of, to officers of Army beyond Omaha

ance

145
granted for specified time without

to be forwarded, with vouchers in dupli-
21
cate, to officers of Treasury

147
may be granted in like manner to any offi-

Attorney-General may obtain mandamus
cers in discretion of Secretary of War.. 233

from circuit court to compel clerks,
in War Department, chief clerk may be au-

marshals, &c., to make returns, &c.,
thorized to sign papers in absence of

required by law...

146
Secretary, &c

6 in settling those of commanding officers
of chiefs of bureaus; who may be author-

of companies, affidavits by officers
ized to act

*276
of loss to be received....

*266
consular, diplomatic, &c., officers not to

of District of Columbia to be settled and
be absent more than ten days without

adjusted by accounting officers of
leave; pay of, when deducted on ac-

Treasury

342
count of

39 settlement of those of Pacific railways....318, 465
in, of collector of internal revenue deputy

of Commissioner of Agriculture, to be re-
to act...

424
ported to accounting officers..

571
ABSENT DEFENDANTS,

of United States attorney for District of
in suits in circuit courts, to enforce liens, re-

Columbia; how settled ...

303
move incumbrances, &c., how served

for purchase of articles made at Indian
176

training schools to be kept in Indian
adjudication against, to affect only prop-

Bureau, &c

525
erty

176 ACKNOWLEDGMENTS,
such suit may be brought in either dis-

of deeds for District of Columbia taken in
trict in which part of property lies.. 176

foreign countries in certain cases
not personally notified may appear within

made valid
year after judgment and have same

may be taken before notaries public for use
set aside, &c

176

in United States courts, &c.... 251
ACADEMY,

ACTING,
(See Military Academy)... 27, 171, 235, 246, 293, 361, postmaster, in case of vacancy, to be paid . 459

346, 393, 494,535 in War Drépatment, when Secretary is ab-
(See Naral Academy)..

.6, 92, 360, 410

sent chief clerk may sign papers.... 6
ACCIDENTS,

when vacancy in office of Secretary, chief
to vessels of the United States involving

clerk to have custody of records, &c. 265
loss of life, &c., to be reported to col-

chiefs of bureaus...

*276
lectors of customs.
63 inspector-general; pay

.17, 101
ACCOUNTING OFFICERS (See Au-

secretary of Smithsonian Institution; how
ditors; Comptrollers; Commissioner of

appointed.....

394
Customs; Claims),
collector of internal revenue..

424
to examine claims under certain exhausted

ACTION,
appropriations; amount found due

under revenue laws, books not to be seized
to be reported to Congress.

350
on suspicion of smuggling ....

77
accounts not to be reopened .

351 books, &c., how obtained, examined, &c. 78
not to allow accounts of clerks of courts,

against officers receiving part of inform-
marshals, and district attorneys until

er's fees in violation of law...

78
proved and allowed in courts, &c.. 146 issue whether acts done were with intent
allowance of mileage and expenses of at-

to defraud the revenue to be deter-
torneys, marshals, and clerks..

147

mined by jury, or in certain cases by
not to allow certain claims where more is

judge..

80
fraudulently demanded than is just. 316 for penalties and forfeitures under cus-
to adjust accounts of Commissioner of

toms laws to be commenced within
Agricolture

571
three years, except, &c....

28
to settle accounts of District of Colombia.. 342 against officers of Congress for official acts
in settlement of claims for additional

to be defended by district attorneys.. 165
bounty to widows and heirs, to be

jurisdiction of circuit courts concurrently
governed by certain restrictions... 220

with State courts....

173

451

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