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 disagreement 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
to a solemn declaration in a form similar to that which shall already
have been made and subscribed by the commissioners, which shall be
entered on the record of their proceedings. In the event of the death,
absence, or incapacity of either of the commissioners, or of the
arbitrator or umpire, or of their or his omitting, declining, or
ceasing to act as such commissioner, arbitrator, 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.
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