964 APPENDIX TO BRITISH CASE. 



ter in dispute should be referred to arbitrators, who should be 

 directed to report to Her Majesty's Government, and that such 

 Governor General and Lieutenant Governor should each name 

 an arbitrator on behalf of the said respective provinces, and that 

 such arbitrators should name a third arbitrator, the award to be made 

 by the three arbitrators or any two of them; and it was also agreed 

 by such Governor General and Lieutenant Governor, with the advice 

 aforesaid, that the net proceeds of the funds in the hnnds of the said 

 Governments arising from the disputed territory should be applied, 

 first, to defray the expenses of the arbitration, second, to defray the 

 necessary expenses of running the (Boundary) line as settled, (in 

 case such funds should prove insufficient, the expenses to be borne 

 equally by the respective Governments,) and, third, the balance of 

 such funds to the improvement of the land and water communication 

 between the Great Falls of the Saint John and the Saint Lawrence: 

 And whereas, in pursuance of the Agreement in this behalf, the Gov- 

 ernor General of Canada named Thomas Falconer Esquire to be one 

 of the said arbitrators, and the Lieutenant Governor of New Bruns- 

 wick named Travers Twiss Doctor of Laws to be another of the said 

 arbitrators, and the said Thomas Falconer and Travers Twiss named 

 the Right Honourable Stephen Lushington, Judge of the Admiralty 

 Court, to act as the third arbitrator: And whereas on the seventeenth 

 day of April one thousand eight hundred and fifty-one the said 

 Stephen Lushington and Travers Twiss made an aw r ard concerning 

 the said boundary, and transmitted the same, together with a plan 

 therein referred to, to the Right Honourable Earl Grey, one of Her 

 Majesty's principal Secretaries of State, and such award is in the fol- 

 lowing terms: 



That New Brunswick shall be bounded on the West by the bound- 

 ary of the United States, as traced by the Commissioners of boundary 

 under the Treaty of Washington dated August 1842, from the source 

 of the Saint Croix to a point near the outlet of Lake Pech-la-icee-kaa- 

 co-nies or Lake Beau, marked A. in the accompanying copy of a part 

 of Plan 17 of the survey of the boundary under the above treaty; 

 thence by a straight line connecting that point with another point to 

 be determined at the distance of one mile due south from the south- 

 ernmost point of Long Lake; thence by a straight line drawn to the 

 southernmost point of the Fiefs Madawaska and Temiscouata, and 

 along the south-eastern boundary of those Fiefs to the south-east 

 angle of the same; thence by a meridional line northwards till it 

 meets a line running east and west, and tangent to the height of land 

 dividing the waters flowing into the River Rimouski from those 

 tributary to the Saint John; thence along this tangent line eastward 

 until it meets another meridional line tangent to the height of land 

 dividing waters flowing into the River Rimouski from those flowing 

 into the Restigouche River; thence along this meridional line to the 

 48th parallel of latitude; thence along that parallel to the Mistouche 

 River; and thence down the centre of the stream of that river to the 

 Restigouche; thence down the centre of the stream of the Restigouche 

 to its Mouth in the Bay of Chaleurs; and thence through the middle 

 of that Bay to the Gulf of the Saint Lawrence; the Islands in the 

 said rivers Mistouche and Restigouche to the Mouth of the latter 

 river Dalhousie being given to New Brunswick:" And whereas it 

 is expedient that the said boundary should be settled in conformity 



