Rules and regulations of the commissioners under the convention between the United States of America and the United States of Mexico of July 4, 1868.
1. All claims filed with the commission by the respective Governments shall be entered in duplicate dockets, one kept by each of the two secretaries, in his respective language, in the order in which they are referred.
Separate dockets shall be kept for the claims, respectively, of citizens of the United States, and for those of citizens of the Mexican Republic.
Duplicate records shall be kept in like manner of all the proceedings of the commissioners.
2. All claims provided for by the convention shall be presented, through the respective Governments, on or before the 31st day of March, 1870, unless at a later day, for special cause shown to the satisfaction-of the commissioners.
3. All persons having claims shall file memorials of the same with the respective secretaries.
Every memorial shall be signed and verified by the claimant, or, in his absence from the District of Columbia, by his attorney in fact, such absence being averred by such attorney, and it shall be subscribed by his solicitor or counsel.
It shall set forth particularly the origin, nature, and amount of the claim, with other circumstances, as follows:
- The amount of the claim; the time when and place where it arose; the kind or kinds and amount of property lost or injured; the facts and circumstances attending the loss or injury out of which the claim arises, and all the facts upon which the claim is founded.
- For and on behalf of whom the claim is preferred.
- Whether the claimant is now a citizen of the United States or of the Mexican Republic, as the case may require; and if so, whether he is a native or a naturalized citizen, and where is now his domicile; and if he claims in his own right, then whether he was a citizen when the claim had its origin, and where was then his domicile; and if he claims in right of another, then whether such other was a citizen when the claim had its origin, and where was then, and where is now, his domicile; and if in either case the domicile of claimant, at the time the claim had its origin, was in any foreign country, then whether such claimant was then a subject of the government of such country, or had taken any oaths of allegiance thereto.
- Whether the entire amount of the claim does now, and did at the time when it had its origin, belong solely and absolutely to the claimant; and if any other person is or has been interested therein, or in any part thereof, then who is such other person, and what is or was the nature and extent of his interest; and how, when, and by what means and for what considerations the transfer of rights or interests, if any such was made, took place between the parties.
- Whether the claimant or any other who may have been entitled to the amount claimed, or any part thereof, had ever received any, and if any what, sum of money, or other equivalent or indemnification, for the whole or any part of the loss or injury upon which the claim is founded; and if so, when and from whom the same was received.
- Whether the claim was presented prior to the 1st of February, 1869, to the Department of State of either Government, or to the minister of the United States at Mexico, or that of the Mexican Republic at Washington, and to which and at what time.
4. All motions and arguments addressed to the commissioners shall be made in writing and filed with the secretaries, who shall note thereon the time when they are received.
Brief verbal explanations maybe made after the opening of each day’s session, by or on behalf of the agents of the respective Governments.
5. All testimony and proofs hereafter taken, other than papers and documents referred by either Government, whether taken in support of or in opposition to pending claims, will be taken and filed subject to the following regulations:
- Proofs in support of claims shall be filed with the memorial; no proofs will be received subsequently, except such as may be responsive to proofs presented on the part of either Government, unless for special cause shown, and supported by affidavit or affirmation, according to the law of the respective countries.
- All testimony must be in writing, and upon oath or affirmation duly administered according to the laws of the place where the same is taken, by a magistrate competent by such laws to take depositions, having no interest in the claim to which the testimony relates, and not being the agent or attorney of any person having such interest, and it must be certified by him that such is the case. The credibility of the affiant or deponent, if known to such magistrate or other person authorized to take such testimony, must be certified by him, and if not known, must be certified on the same paper upon oath, by some other person known to such magistrate, having no interest in such claim, and not being the agent or attorney of any person having such interest, whose credibility must be certified by such magistrate. The deposition must be reduced to writing by the person taking the same, or by some person in his presence having no interest, and not being the agent or attorney of any person having an interest in the claim, and must be carefully read to the deponent by the magistrate before being signed by him, and must be signed by him in the presence of the officer, and this must be certified.
- Depositions taken in any city, port, or place, neither within the limits of the United States nor within those of the Mexican Republic, may be taken before any diplomatic or consular officer of either Government residing in such city, port, or place, he having no interest and not being agent or attorney of any person having an interest in the claim to which the testimony so taken relates. In all other cases, whether in the United States or in the Mexican Republic, or any other foreign place, the right of the person taking the same to administer oaths by the laws of the place must be proved.
- Every affiant or deponent is required to state in his deposition his age, place of birth, residence, and occupation, and where was his residence and what was his occupation at the time the events took place in regard to which he deposes, and must also state if he have any, and if any what, interest in the claim to support which his testimony is taken, and if he have any contingent interest in the same, to what extent, and upon the happening of what event he will be entitled [Page 168]to receive any part of the sum which may be awarded by the Commissioners. He must also be required to state whether he be the agent or attorney of the claimant or of any person having an interest in the claim.
- Original papers or other documents exhibited in proof must be certified as required in the second of, these rules; but when the fact is within the exclusive knowledge of the claimant, it may be verified by his own oath or affirmation. Papers in the handwriting of any person deceased, or whose residence is unknown to the claimant, may be verified by proof of such handwriting, and of the death of the party, or his removal to places unknown.
- When the claim arises from seizure or loss of any vessel, or cargo of any ship or vessel, a certified copy of the enrollment or registry of such ship or vessel must be produced, together with the original clearance, manifest, and all other papers and documents required by the laws of the United States or of the Mexican Republic, as the case may be, which she possessed on her last voyage, when the same are in the possession of the claimant, or can be obtained by him; and when not, certified copies of the same must be produced, together with oath or affirmation, according to the law of the respective countries, that the originals are not in his possession and can not be obtained by him.
- In all cases where property of any description, for the seizure or loss of which a claim has been presented, was at the time of such seizure or loss insured, the original policy of insurance or a certified copy thereof must be produced.
- If the claimant be a naturalized citizen of the United States or of the Mexican Republic, as the case may be, a copy of the record of his naturalization, duly certified, must be produced.
6. Of all memorials, twenty printed copies in quarto form in English and twenty in Spanish shall be filed with the respective secretaries.
Citizens of the United States may file their documents and proofs in English, and citizens of the Mexican Republic may file theirs in Spanish, and in both cases in manuscript, subject to the further order of the commissioners in this respect.
7. When a claimant shall have filed his proofs in chief, and argument in support thereof, the adverse proofs and argument on the part of the United States, or of the Mexican Republic, shall be filed within the terms of four mouths; but upon good cause shown on either side this period may be extended in particular cases.
Ordered, That when the Commission shall close its present session it will adjourn to meet in this city on the first Monday of December next, and will then proceed to consider whether the memorials which shall then have been filed with the secretaries are in due form and proper to be received for examination; and all such papers are hereby set down for hearing at that time; and if any claimant desires a longer time in which to file a memorial, or present arguments, he must file a written motion to that effect, setting forth the reasons for the same on or before said day.
By order of the commissioners:
- George G. Gaither,
J. Carlos Mexia,