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As soon as may be and within a period not exceeding seven months from the date of the exchange of notes making this agreement binding the printed case of each of the parties hereto, accompanied by printed copies of the documents, the official correspondence, and all other evidence on which each party relies, shall be delivered in duplicate (with such additional copies as may be agreed upon) to the agent 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 VII. 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 countercase 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 publications 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.
The tribunal shall meet within six months after the expiration 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, countercase, or argument, and for the meeting of the tribunal, may be extended by mutual consent of the parties.
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.
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.
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 the Secretary of State of the United States, Elihu Root, on behalf of the United States, and by His Britannic Majesty's Ambassador at Washington, The Right Honorable James Bryce, 0. M., on behalf of Great Britain.
Done at Washington on the 27th day of January, one thousand nine hundred and nine.
(Signed) ELIHU Root.
NOTES OF RATIFICATION EXCHANGED IN ACCORDANCE WITH ARTICLE 11
OF THE ABOVE TREATY.
Mr. Bacon to Mr. Bryce.
DEPARTMENT OF STATE,
February 21, 1909. Excellency:
I have the honor to inform you that the Senate, by its resolution of the 18th instant, gave its advice and consent to the ratification of the Special Agreement between the United States and Great Britain, signed on January 27, 1909, for the submission to the Permanent Court of Arbitration at The Hague of questions relating to fisheries on the North Atlantic Coast.
In giving this advice and consent to the ratification of the Special Agreement, and as a part of the act of ratification, the Senate states in the resolution its understanding
That it is agreed by the United States and Great Britain that question 5 of the series submitted, namely, ' from where must be measured the three marine miles of any of the coasts, bays, creeks or harbors' referred to in said Article?” does not include any question as to the Bay of Fundy, considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, and that the respective views or contentions of the United States and Great Britain on either subject shall be in no wise prejudiced by anything in the present arbitration, and that this agreement on the part of the United States will be mentioned in the ratification of the special agreement and will, in effect, form part of this special agreement.
In thus formally confirming what I stated to you orally, I have the honor to express the hope that you will in like manner formally confirm the assent of His Majesty's Government to this understanding which you heretofore stated to me orally, and that you will be prepared at an early day to exchange the notes confirming the Special Agreement as provided for therein and in the general arbitration convention of June 5, 1908. I have the honor to be, with the highest consideration, Your Excellency's most obedient servant,
His EXCELLENCY THE Right HONORABLE JAMES BRYCE, 0. M.,
Ambassador of Great Britain.
Mr. Bryce to Mr. Bacon.
March 4, 1909.
I have the honour to acknowledge the receipt of your note informing me that the Senate of the United States has approved the Special Agreement for the reference to arbitration of the questions relating to the fisheries on the North Atlantic Coast and of the terms of the Resolution in which that approval is given.
It is now my duty to inform you that the Government of His Britannic Majesty confirms the Special Agreement aforesaid and in so doing confirms also the understanding arrived at by us that Question V of the series of Questions submitted for arbitration, namely from where must be measured the three marine miles of any of the coasts, bays, creeks, or harbours ” referred to in the said article, is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, is included in this question as one to be raised in the present arbitration, it being the intention of the Parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present arbitration.
This understanding is that which was embodied in notes exchanged between your predecessor and myself on January 27th, and is that expressed in the above-mentioned Resolution of the Senate of the United States. I have the honour to be, with the highest respect, Sir, Your most obedient, humble Servant,
JAMES BRYCE. THE HONOURABLE ROBERT BACON,
Secretary of State.
Mr. Bacon to Mr. Bryce.
DEPARTMENT OF STATE,
March 4, 1909. Excellency:
I have the honor to acknowledge the receipt of your note of the 4th instant in which you confirm the understanding in the matter of the Special Agreement submitting to arbitration the differences between the