of the said Treaty, do hereby solemnly declare that we will impartially and care- 

 fully examine and decide the matters referred to us to the bestof our juclgment, and 

 according? to justice and equity. 



In witness whereof we have hereunto subscribed our names, this l&th day of 

 June, 1877. 



(Signed) MAURICE DELFOSSE. 



E. 11. KELLOGG. 

 A. T. GALT. 



Mr. Kord then produced his commission as Ap;ent of Her Hritaimic Majesty, 

 which was Ibniid to l>c in duo form. Mr. Foster also produced his commission as 

 Afjcnt of tii(! United States, which was likewise found to be in due form. 



Mr. Foster then iirodiiccd a draft of Rules proposed for tlie procedure of the 

 Commission, which had been submitted to him by Mr. Ford. To these, lie said, 

 that in the main he ai>reo(l, but took exception to certain of them wliich contem- 

 plated tlie appearance of Counsel on citiier side, as well as the accredited Agents. 

 He submitted to the Commissioners lliat no |)erson other than the Agent, on cither 

 side, siioulii be permitted to address the Couri. 



Mr. Ford objected to this view, and contended that Counsel should be permitted 

 to address the Court. 



Mr. Foster, in reply, gave his reasons for maintaining his contention. 



Tiio Commissioners thereupon retired to delii)erate, and on their return 

 M. Delfosse announced the following decision : — 



" The Commissioneis having considered the statements made by the Agents of 

 the respective (lovernnients, decide : That eacii Agent may be heard personally or 

 by Counsel, iiut in the case of the liritish Ag(>nt be shall be limited to Jirr, as repre- 

 senting the maritime provinces on the Atlantic coast of British North America; 

 and in the case of the Agent of the United States, he shall be allowed a similar 

 number." 



Mr. Ford then stated that he desired to raise an important point, viz., whether 

 fx partr affidavits should be admitted as written testimony, under the terms of 

 Article XXIV of the Treaty of Washington. He contended that such e.r parte 

 adidavits siiould not be admissible before the Commission. 



Mr. Foster, on the other hand, contended that such ex parte adidavits should be 

 admitted as written testimony, the Commissioners being left to attacii to them such 

 value aslliey might tiiink fit. 



Mr. S. H. Thomson, on the part of Great Britain, maintained the views 

 expressed by Mi'. Tortl on this |)()inl. 



Tlie Commissioners tlien retired to deliberate, and, on their return, M. Delfosse 

 announced that tlie Commissioners had decided that allidavits should be atbuitled. 



The Commissioners titen again retired for deliberation, and, on their return, 

 M. D' ' bsse stated that the following rules had been adopted for the procedure of 

 the Court; and '"'irectod them to be read by tlie Secretary : 



iiitlcn for I lie Procedure of the Halifax Commission, 



1. When the Commissioners shall have completed all necessary preliminary 

 arrangements, the British Agent shall present a copy of the "Case" of ller 

 ."Majesty s Government to each of the Commissioners, and duplicate co])ies to the 

 United States' Agent. 



2. The Court shall titereupon adjourn for a period of six weeks, on the expira- 

 tion of one half of which |)eriod the United States' Agent shall deliver to the 

 Secretary of the Commission at least iwelve copies of the Counter Case of the 

 United States' Government. 



The British Agent shall, three days before the meeting of the Court after such 

 adjournment, deliver to the Secretary of the Commission at least twelve copies of 

 the Reply of Her Majesty's Government. 



3. The evidence Jirought forward in support of the British "Case" must be closed 

 within a period of six weeks after the case shall have been opened by tlie British 

 Counsel unless a furtiier time be allowed by the Commissioners on ajiplication. 



Tiic evidence brought forward in support of the United States' Counter Case 

 must be closed witiiin a similar period after the opening of the United States' case 

 in answer, unless a liirliier time be allowed by the Commissioners on application. 

 A period of fourteen o'ays shall then be allowed for the evidence in reply on the 



