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of the other party. It shall be sufficient for this purpose if such Case is delivered at the British Embassy at Washington or at the American Embassy at London, as the case may be, for transmission to the agent for its Government.

Within fifteen days thereafter such printed Case and accompanying evidence of each of the parties shall be delivered in duplicate to each member of the tribunal, and such delivery may be made by depositing within the stated period the necessary number of copies with the International Bureau at The Hague for transmission to the arbitrators.

After the delivery on both sides of such printed Case, either party may, in like manner, and within four months after the expiration of the period above fixed for the delivery to the agents of the Case, deliver to the agent of the other party (with such additional copies as may be agreed upon), a printed Counter-Case accompanied by printed copies of additional documents, correspondence, and other evidence in reply to the Case, documents, correspondence, and other evidence so presented by the other party, and within fifteen days thereafter such party shall, in like manner as above provided, deliver in duplicate such Counter-Case and accompanying evidence to each of the arbitrators.

The foregoing provisions shall not prevent the tribunal from permitting either party to rely at the hearing upon documentary or other evidence which is shown to have become open to its investigation or examination or available for use too late to be submitted within the period hereinabove fixed for the delivery of copies of evidence, but in case any such evidence is to be presented, printed copies of it, as soon as possible after it is secured, must be delivered, in like manner as provided for the delivery of copies of other evidence, to each of the arbitrators and to the agent of the other party. The admission of any such additional evidence, however, shall be subject to such conditions as the tribunal may impose, and the other party shall have a reasonable opportunity to offer additional evidence in rebuttal.

The tribunal shall take into consideration all evidence which is offered by either party.

ARTICLE 7.

If in the Case or Counter-Case (exclusive of the accompanying evidence) either party shall have specified or referred to any documents, correspondence, or other evidence in its own exclusive possession without annexing a copy, such party shall be bound, if the other party shall demand it within thirty days after the delivery of the Case or Counter-Case respectively, to furnish to the party applying for it a copy thereof; and either party may, within the like time, demand that the other shall furnish certified copies or produce for inspection the originals of any documentary evidence adduced by the party upon whom the demand is made. It shall be the duty of the party upon whom any such demand is made to comply with it as soon as may be, and within a period not exceeding fifteen days after the demand has been received. The production for inspection or the furnishing to the other party of official governmental publications, publishing, as authentic, copies of the documentary evidence referred to, shall be a sufficient compliance with such demand, if such governmental publi

cations shall have been published prior to the 1st day of January, 1908. If the demand is not complied with, the reasons for the failure to comply must be stated to the tribunal.

ARTICLE 8.

The tribunal shall meet within six months after the expira4 tion of the period above fixed for the delivery to the agents of

the Case, and upon the assembling of the tribunal at its first session each party, through its agent or counsel, shall deliver in duplicate to each of the arbitrators and to the agent and counsel of the other party (with such additional copies as may be agreed upon) a printed Argument showing the points and referring to the evidence upon which it relies.

The time fixed by this agreement for the delivery of the Case, Counter-Case, or Argument, and for the meeting of the tribunal, may be extended by mutual consent of the parties.

ARTICLE 9.

The decision of the tribunal shall, if possible, be made within two months from the close of the arguments on both sides, unless on the request of the tribunal the parties shall agree to extend the period.

It shall be made in writing, and dated and signed by each member of the tribunal, and shall be accompanied by a statement of reasons.

A member who may dissent from the decision may record his dissent when signing.

The language to be used throughout the proceedings shall be English.

ARTICLE 10.

Each party reserves to itself the right to demand a revision of the award. Such demand shall contain a statement of the grounds on which it is made and shall be made within five days of the promulgation of the award, and shall be heard by the tribunal within ten days thereafter. The party making the demand shall serve a copy of the same on the opposite party, and both parties shall be heard in argument by the tribunal on said demand. The demand can only be made on the discovery of some new fact or circumstance calculated to exercise a decisive influence upon the award and which was unknown to the tribunal and to the party demanding the revision at the time the discussion was closed, or upon the ground that the said award does not fully and sufficiently, within the meaning of this agreement, determine any question or questions submitted. If the tribunal shall allow the demand for a revision, it shall afford such opportunity for further hearings and arguments as it shall deem necessary.

ARTICLE 11.

The present agreement shall be deemed to be binding only when confirmed by the two Governments by an exchange of notes.

In witness whereof this agreement has been signed and sealed by His Britannic Majesty's Ambassador at Washington, the Right Hon

ourable James Bryce, O.M., on behalf of Great Britain, and by the
Secretary of State of the United States, Elihu Root, on behalf of the
United States.
Done at Washington on the 27th day of January, 1909.

(L.S.) JAMES BRYCE.
(L.S.) ELIHU Root.

No. 2.—1909, June 2: Letter from the Hon. P. C. Knox to the Right

Hon. James Bryce, enclosing a list of Legislative and Executive Acts of Canada and Newfoundland objected to by United States.

DEPARTMENT OF STATE, Washington, June 2nd, 1909. EXCELLENCY, By Article II of the Special Agreement of January 27th last between Great Britain and the United States for the submission to arbitration of questions relating to the North Atlantic Coast Fisheries, it is provided :

“Either Party may call the attention of the Tribunal to any legislative or executive act of the other Party, specified within three months of the exchange of notes enforcing this agreement, and which is claimed to be inconsistent with the true interpretation of the Treaty of 1818; and may call upon the Tribunal to express in its award its opinion upon such acts, and to point out in what respects, if any, they are inconsistent with the principles laid down in the award in reply to the proceeding questions; and each party agrees to conform to such opinion."

At the request of Mr. Chandler P. Anderson, the Agent of the United States in this proceeding, I have the honour to present to you the accompanying list, prepared by him of the legislative and executive Acts of Canada and Newfoundland, which are specified on the

part of the United States in compliance with the requirement 5 of the above Article that the legislative and executive Acts

referred to therein must be specified within Special Agreement, which period will not expire until the 4th of this month, the notes referred to having been exchanged on March 4th last. I have, &c.

(Sgd.) P. C. Knox.

NORTH ATLANTIC Coast FISHERIES: ARBITRATION AT THE HAGUE.

List of Legislative and Executive Acts of Canada and Newfoundland specified

on the part of the United States under the provisions of Article II of the Special Agreement of January 27, 1909, between the United States and Great Britain.

Revised Statutes of Canada, 1906.

Chapter 45—The Fisheries Act;
Chapter 47—The Customs and Fisheries Protection Act;
Chapter 48–The Customs Act;
Chapter 113—The Canada Shipping Act, Part VI, so far as relates to the

compulsory employment of Pilots and Payments of dues and Part XII
relating to Public Harbours and Harbour Masters, and rules and regula-

tions established thereunder. Canadian Order in Council of September 12, 1907, promulgating Fishery Regu.

lations, (including Regulations).

Canadian Order in Council of September 9, 1905, amending Fishery Regulations.
Consolidated Statutes of Newfoundland, 1892:

Chapter 119—of Pilots and Pilotage for the Port of Saint Johns;
Chapter 120of Harbour Master and Harbour Regulations for the Port of

Saint Johns;
Chapter 124---of the Coast Fisheries;

Chapter 129—of the exportation, sale, etc., of Bait Fishes.
Newfoundland Act of March 3, 1896 (61 Vict. Cap. 3)—An Act respecting the

Department of Fisheries. Newfoundland Act of March 30, 1993 (61 Vict. Cap. 13)-An Act respecting

the Customs. Newfoundland Act of July 19, 1899 (62 and 63 Vict. Cap. 19)--An Act relating

to Light Dues. Newfoundland Act of June 15, 1905 (5 Edw. VII, Cap. 4)—An Act respecting

Foreign Fishing Vessels.
Newfoundland Fishing Regulations, 1908.

No. 3.1909, June 4: Letter from the Right Hon. James Bryce to

the Hon. É. C. Knox containing Notice given under Article 11 of the Special Agreement of January 27, 1909.

BRITISH EMBASSY, Washington, 4th June, 1909. Sir: By Article II of the Special Agreement of January 27 last, between Great Britain and the United States for the submission to arbitration of questions relating to the North Atlantic Coast Fisheries, it is provided :

“Either party may call attention of the Tribunal to any legislative or executive act of the other Party, specified within three months of the exchange of the notes enforcing this agreement, and which is claimed to be inconsistent with the true interpretation of the Treaty of 1818; and may call upon the Tribunal to express in its award its opinion upon such Acts, and to point out in what respects, if any, they are inconsistent with the principles laid down in the award in reply to the preceding questions; and each party agrees to conform to such opinion.”

On the part of His Majesty's Government I have the honour to inform you that His Majesty's Government proposes to call the attention of the Hague Tribunal in pursuance of the provisions of the said Article II, to certain acts of the United States being such as would fall within the provisions of that Article and which are claimed to be inconsistent with the true interpretation of the Treaty of 1818, and to call upon the Tribunal to express in its award its opinion upon such acts and to point out in what respect, if any, they are inconsistent with the principles laid down in the award in reply to the questions submitted for decision to the Tribunal.

The acts in question are the acts of the United States Government directed towards or amounting to an attempt at the policing by the national vessels of the United States of the so called Treaty Coast, that is to say those parts of the Coast of Newfoundland, Labrador, and the Magdalen Islands, on which the inhabitants of the United States have under the said Treaty a liberty to take fish in common with the subjects of His Britannic Majesty. This notice is given in compliance with the requirements of the

above article that notice of the acts intended to be called into 6 question must be specified within three months of the exchange

of notes enforcing this agreement, which period will expire upon this day, the notes referred to having been exchanged on the fourth of March last. I have, &c.

(Sgd.) JAMES BRYCE. The Honourable P. C. Knox,

Secretary of State.

No. 4.-1686, November 6–16: Extract from translation of Treaty

between His Britannic Majesty and France.

Article V. The subjects, inhabitants, merchants, commanders of ships, masters and mariners, of the kingdoms, provinces and dominions of each King respectively, shall abstain and forbear to trade and fish in all the places possessed or which shall be possessed by one or the other party in America, viz., the King of Great Britain's subjects shall not drive their commerce and trade, nor fish in the havens, bays, creeks, roads, shoals or places, which the most Christian King holds or shall hereafter hold in America; and in like manner, the most Christian King's subjects shall not drive their commerce and trade, nor fish in the havens, bays, creeks, roads, shoals or places, which the King of Great Britain possesses or shall hereafter possess in America. And if any ship or vessel shall be found trading or fishing contrary to the tenor of this treaty, the said ship or vessel, with its lading, proof being made thereof, shall be confiscated; nevertheless, the party who shall find himself aggrieved by such sentence or confiscation, shall have liberty to apply himself to the Privy Council of that King, by whose governors or judges the sentence has been given against him: but it is always to be understood, that the liberty of navigation ought in no manner to be disturbed, where nothing is committed against the genuine sense of this treaty.

No. 5.–1713, March 31-April 11: Extract from Treaty between Her

Britannic Majesty and France (the Treaty of Utrecht).

*

X. The said Most Christian King shall restore to the kingdom and Queen of Great Britain, to be possessed in full right for ever, the Bay and Straits, of Hudson, together with all lands, seas, sea coasts, rivers, and places situate in the said bay and straits, and which belong thereunto, no tracts of land or of sea being excepted, which are at present possessed by the subjects of France. All which, as well as any buildings there made, in the condition they now are, and likewise all fortresses there erected, either before or since the French seized the same, shall, within 6 months from the ratification of the present treaty, or sooner, if possible, be well and truly delivered to the British subjects having commission from the Queen of Great Britain to demand and receive the same, entire and undemolished,

92909°-S. Doc. 870, 61-3, vol 4-11

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