164 PUBLIC TREATIES. or to the diplomatic agents of said United_States atiSan José, of Costa Rica, up to the date of the signature of this convention, shall, together with the documents in proof, on which they may be founded, be referred to a board of commissioners, consisting ot two members, who shall be C ommmmm appointed in the following manner: one by the Government of the ,,0,,. ,,,,,,,,,,m,d_ Y United States of America, and one by the Government of the Republic of Costa Rica : ,]?rovided, however, That no claim of any citizen of the United States, who may be proved to have been a belhgerent during the occupation of Nicaragua by the troops of Costa Rica, or the exercise of authority, by the latter, within the territory of the former, shall be considered as one proper for the action of the board of commissioners herein provided for. _ _ _ Vacancies in com- `In case of the death, absence, or incapacity of either commissioner, ¤¤i¤¤i¤¤.¤¤w Bum- or in the event of either commissioner’s omitting or ceasing to act, the Government of the United States of America, or that of the Republic of Costa Rica, respectively, or the minister of the latter, in the United States, actingogy its direction, shall forthwith proceed to dll the vacancy thus occasion . Anerrcnn II. When and where The commissioners so named shall meet at the city of Washington, ¤¤¤¤¤i¤¤i¤¤¤r¤ ic within ninety days from the exchange of the ratiiications of this con- '“°°*· vention; and, before proceeding to business, they shall, each of them, exhibit a solemn oath, made and subscribedbefore a competent authority, that they will carefully examine into, and impartially decide, according to the principles of justice and of equity, and to the stipulations of treaty, upon all the claims laid before them, under the provisions of this convention, by the Government of the United States, and in accordance with such evidence as shall be submitted to them on the part of said United States and of the Republic of Costa Rica, respectively. And their oath, to such effect, shall be entered upon the record of their procee ings. $8,6%,0,, 0,- mm Said commissioners shall then proceed to name an arbitrator, or ummm_ pire, to decide upon any case or cases concerning which they may disagree, or upon any point or points of didcrence which may arise in the course of their proceedings. And if they cannot agree in the selection, the arbitrator or umpire shall be appointed by the minister of His Majesty the King of the Belgians, to the United States, whom the two high contracting parties shall invite to make such appointment, and whose selection shall be conclusive on both parties. Anrroma HI. Mode or proce- _The arbitrator, or umpire, being appointed, the commissioners shall, gl:';;!` °°¤¤¤¤¤· without delay, proceed to examine and determine the claims which may be presented to them, under the provisions of this convention, by the Government of the United States, as stated in the preceding article; and they shall hear, if required, one person in behalf of each Government, on every separate claim. nlglgglgu _Each Government shall furnish, upon request of either of the com- Pm in mmm, M missioners, such papers in its possession as may be deemed important ,,,,,,,,,,,_ to the just determination of any claims of citizens of the United States, referred to the board, under the provisions of the first article. Amount of in- ln cases, whether touching injuries to the person, limb or life of any '1°"'”'°Y· said citizens, or damages committed, as stipulated in the nrst article, against their property, in which the commissioners may agree to award an indemnity, they shall determine the amount to be paid. In cases in which said commissioners cannot agree, the points of diiference shall be referred to the arbitrator, or umpire, before whom each of the commissioners may be heard, and his decision shall be final.
