TREATIES AND CONVENTIONS. 63 



37 The Commissioners shall name some third person to act as 



an Arbitrator or Umpire in any case or cases on which they 

 may themselves differ in opinion. If they should not be able to agree 

 upon the name of such third person, they shall each name a person, 

 and it shall be determined by lot which of the two persons so named 

 shall be the Arbitrator or Umpire in cases of difference or disagree- 

 ment between the Commissioners. The person so to be chosen to be 

 Arbitrator or Umpire shall, before proceeding to act as such in any 

 case, make and subscribe a solemn declaration in a form similar to 

 that which shall already have been made and subscribed by the Com- 

 missioners, which shall be entered on the record of their proceedings. 

 In the event of the death, absence, or incapacity of either of the Com- 

 missioners, or of ihe Arbitrator or Umpire, or of their or his omitting, 

 declining, or ceasing to act as such Commissioner, Abitrator, or 

 Umpire, another and different person shall be appointed or named as 

 aforesaid to act as such Commissioner, Arbitrator, or Umpire, in the 

 place and stead of the person so originally appointed or named as 

 aforesaid, and shall make and subscribe such declaration as aforesaid. 



Such Commissioners shall proceed to examine the coasts of the 

 North American provinces and of the United States, embraced within 

 the provisions of the first and second articles of this treaty, and shall 

 designate the places reserved by the said articles from the common 

 right of fishing therein. 



The decision of the Commissioners and of the Arbitrator or 

 Umpire shall be given in writing in each case, and shall be signed 

 by them respectively. 



The high contracting parties hereby solemnly engage to consider 

 the decision of the Commissioners conjointly, or of the Arbitrator 

 or Umpire, as the case may be, as absolutely final and conclusive in 

 each case decided upon by them or him respectively. 



ARTICLE II. 



It is agreed by the high contracting parties that British subjects 

 shall have, in common with the citizens of the United States the lib- 

 erty to take fish of every kind, except shell-fish, on the eastern sea- 

 coasts and shores of the United States north of the 36th parallel of 

 north latitude, and on the shores of the several islands thereunto adja- 

 cent, and in the bays, harbors, and creeks of the said sea-coasts and 

 shores of the United States and of the said islands, without being 

 restricted to any distance from the shore, with permission to land upon 

 the said coasts of the United States and of the islands aforesaid, for 

 the purpose of drying their nets and curing their fish : Provided that, 

 in so doing, they do not interfere with the rights of private property, 

 or with the fishermen of the United States, in the peaceable use of 

 any part of the said coasts in their occupancy for the same purpose. 



It is understood that the above-mentioned liberty applies solely to 

 the sea fishery, and that salmon and shad fisheries, and all fisheries 

 in rivers and mouths of rivers, are hereby reserved exclusively for 

 fishermen of the United States. 



a Qy. Arbitrator. 



