THE TREATY OF WASHINGTON. 261 



Article VII. 



The decision of the Tribunal shall, if possible, be made within three months 

 from the close of the argument on both sides. 



It shall be made in writing and dated, and shall be signed by the Arbitrators 

 who may assent to it. 



The said Tribunal shall first determine as to each vessel separately whether 

 Great Britain has, by any act or omission, failed to fulfill any of the duties set 

 forth in the foregoing three rules, or recognized by the princijales of Internation- 

 al Law not inconsistent with such rules, and shall certify such fact as to each 

 of the said vessels. In case the Tribunal find that Great Britain has failed to 

 fulfill any duty or duties as aforesaid, it may, if it think proper, proceed to award 

 a sum in gross to be paid by Great Britain to the United States for all the 

 claims referred to it ; and in such case the gross sum so awarded shall be paid 

 in coin by the Government of Great Britain to the Government of the United 

 States, at Washington, within twelve months after the date of the award. 



The award shall be in duplicate, one copy whereof shall be delivered to the 

 agent of the United States for his Government, and the other copy shall be de- 

 livered to the agent of Great Britain for his Government. 



Article VIII. 



Each Government shall pay its own agent, and provide for the proper remu- 

 neration of the counsel employed by it and of the Arbitrator appointed by it, and 

 for the expense of preparing and submitting its case to the Tribunal. All other 

 expenses connected with the arbitration shall be defrayed by the two Govern- 

 ments in equal moieties. 



Article IX. 



The Arbitrators shall keep an accurate record of their proceedings, and may 

 appoint and employ the necessary ofiicers to assist them. 



Article X. 



In case the Tribunal finds that Great Britain has failed to fulfill any duty or 

 duties as aforesaid, and does not award a sum in gross, the High Contracting 

 Parties agree that a Board of Assessors shall be appointed to ascertain and de- 

 termine what claims are valid, and what amount or amounts shall be paid by 

 Great Britain to the United States on account of the liability arising from 

 such fiiilure, as to each vessel, according to the extent of such liability as de- 

 cided by the Arbitrators. 



The Board of Assessors shall be constituted as follows : One member there- 

 of shall be named by the President of the United States, one member thereof 

 shall be named by Her Britannic Majesty, and one member thereof sliall be 



