the same. The commission will in any such exceptional case determine as to the validity of such reasons under the convention and deal with the case accordingly.

(f) 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 consideration the transfer of rights and interests, if any, took place between the parties.

(g) Whether the claimant, or any other who may at any time have been entitled to the amount claimed, or any part thereof, has ever received any, and if any, what sum of money, or equivalent or indemnification in any form, for the whole or part of the loss or damage upon which the claim is founded; and if so, when and from whom the same was received.

(h) Whether the claim has ever been presented, or complaint with respect to it been lodged with the Mexican government, or any official or agency thereof, acting either de jure or de facto, or with the government of the United States or any official or agency thereof, and if so, the facts in relation thereto.

(i) Claims put forward on behalf of a claimant who is dead, either for injury to person or loss of or damage to property, shall be presented by the personal or legal representative of the estate of the deceased. The memorial shall set out with respect to both the claimant and such representative the facts which, under these rules, would be required of the former were he alive and presenting his claim before the commission; and the claim shall be accompanied by documentary evidence properly certified of the authority of such representative.

(j) Where more than one claim arises out of the same set of facts, all or any of such claims may be included in the same memorial.

3. The Answer.-(a) The answer in each case shall be filed with the secretaries in duplicate in English and Spanish within sixty (60) days from the date on which the memorial is fiied, unless the time be extended in any case by stipulation between the agents of the respective governments filed in like manner with the secretaries, or by the commission in its discretion for good cause shown, on motion after due notice.

(b) The answer shall be directly responsive to each of the allegations of the memorial and shall clearly announce the attitude of the respondent government with respect to each of the various elements of the claim. It may in addition thereto contain any new matter or affirmative defense which the respondent government may desire to assert within the scope of the convention.

(c) The answer shall be accompanied by copies of the documents and other proof on which the respondent government will rely in defense of the claim.

4. The Reply. (a) Where a reply is deemed necessary in any case on behalf of the claimant, it may be filed with the secretaries in duplicate in English and Spanish within thirty (30) days from the date on which the answer is filed, unless the time be extended in any case by stipulation between the agents of the respective governments filed in like manner with the secretaries, or by the commission in its discretion for good cause shown, on motion after due notice.

(b) The reply, if any be filed, shall deal only with the allegations in the answer which present facts or contentions not adequately met or dealt with in

the memorial and with new matter or affirmative defenses, if any, set up in the

answer.

(c) The reply shall be accompanied by copies of documents and other proofs upon which the claimant relies in support thereof not filed with the memorial.

5. Amendments to Pleadings.-(a) The memorial, answer, and/or reply may be amended at any time before final award either (1) by stipulation between the agents of the respective governments, confirmed by the commission, agreeing to the filing of any amendment set out in such stipulation, which shall be filed with the secretaries as in the case of original pleadings, or (2) by leave of the commission in its discretion, such leave to be granted only upon motion, after due notice and upon such terms as the commission shall impose.

(b) All motions for leave to amend pleadings shall be in writing, filed with the secretaries in duplicate in English and Spanish, and shall set out the amendments desired to be made and the reasons in support thereof.

(c) Amendments to pleadings shall be accompanied by copies of documents and other proofs which will be relied upon in support thereof, unless the same have been filed with the original pleadings.

(d) Answer or reply may be filed to amendments, if desired, in like manner as in the case of original pleadings within such time as may be stipulated by the agents of the respective parties, or fixed in the orders of the commission allowing the amendment, as the case may be.

6. The commission will not consider any matter of claim or defense not set up in appropriate pleadings or amendments thereto made as herein provided; and pleadings or amendments thereto not complying with this rule may, at any time before final award, be rejected by the commission of its own motion, and on stated grounds, with leave to amend within such time as may be fixed by the commission within its discretion.

V. Printing and Copies of Pleadings.-1. In cases where the amount or value of the claim exceeds the sum of $25,000 (United States currency) the memorial and other pleadings and amendments shall be printed in quarto form at the expense of the party filing the same, and twenty-five (25) copies thereof in English and twenty-five (25) copies in Spanish shall be delivered to the secretaries at the time of filing for use of the commission and agents.

2. Where the amount or value of the claim is for the sum of $25,000 (United States currency) or less, then the pleadings need not be printed, but at the time of filing of the originals there shall be delivered to the secretaries five (5) additional typewritten copies in English and five (5) additional typewritten copies in Spanish for use of the commission and agents.

3. As to documents and other proofs filed with the secretaries in support of claims or defenses, only such portion thereof as shall be relied upon need be printed, with such explanatory note as may enable the commission or counsel to understand the same.

4. The provisions of this rule may be modified in any case so as to dispense with or require printing, as the case may be, in the discretion of the commission. VI. Notices to Parties.-The filing with the secretaries of the commission of any pleadings, amendments, documents, or notice by the respective agents or counsel shall constitute notice thereof to the opposite party and shall be deemed

a compliance with these rules as to any notice required to be given hereunder. The agents will be required to take notice of all orders of the commission, and copies of such orders, certified by the secretaries, shall be furnished to the agents promptly upon the entry thereof.

VII. Motions to Dismiss or Reject.-1. A motion to dismiss a claim may be made at any time after the docketing thereof and before final submission to the commission for good cause shown in the motion, and apparent on the face of the record, going to the jurisdiction of the commission or the merits of the claim. 2. A motion to reject or strike out any pleading may be made at any time after the filing thereof and before submission of the claim to the commission for any cause apparent on the face of the pleading.

3. Should any such motion be sustained, the commission may in its discretion permit amendments to the end that each claim within the jurisdiction of the commission shall be disposed of upon its merits in accordance with international law, justice, and equity.

4. All motions shall be in writing and shall set forth concisely the grounds of the motion. They shall be filed with the secretaries as in the case of original pleadings, and shall be promptly brought on for hearing before the commission.

VIII. Evidence.-1. The commission will receive and consider all written statements, documents, affidavits, interrogatories, or other evidence which may be presented to it by the respective agents or in the name of such agents by an assistant agent or counsel in support of or against any claim, and will give such weight thereto as in its judgment such evidence is entitled in the circumstances of the particular case. No such statement, documents, or other evidence will be received or considered by the commission if presented through any other channel.

2. The agent of either party shall have the right, after due notice given within the time and in the manner prescribed in these rules or in any order of the commission, to produce witnesses and examine them under oath or affirmation before the commission, and in such event any witness introduced on behalf of one party shall be subject to cross-examination by the agent for the opposite party, or his counsel.

3. When an original paper on file in the archives of the United States or Mexico cannot be conveniently withdrawn, duly certified copies, with the English or Spanish translation thereof, if requested, may be received in evidence in lieu thereof.

4. Where the original of any document or other proof is filed at any government office on either side, and cannot be conveniently withdrawn, and no copy of such document is in the possession of the agent of the government desiring to present the same to the commission in support of the allegations set out in his pleadings, he shall notify the agent of the other government in writing of his desire to inspect such document. Should such inspection be refused, then the action taken in response to the request to inspect, together with such reasons as may be assigned for the action taken, shall be reported to the commission, and the commission will take note thereof.

5. The right to inspect the original of such document when granted shall extend to the whole of the document of which part only is brought forward in support of or in answer to a claim, but shall not extend to any inclosures there

in, or annexes thereto, or minutes, or indorsements thereon, if such inciosures, annexes, minutes, or indorsements are not adduced as evidence or specifically referred to in the pleadings.

IX. Taking of Oral Testimony.-1. Should the agent of either Government desire to take oral testimony before the commission in any case he shall, within fifteen (15) days from the expiration of the time for filing the reply of the claimant in such case, give notice to that effect by filing such notice in writing with the secretaries, as in these rules provided, stating the number and the names and addresses of the witnesses whom he desires to examine and the date on which application will be made to the commission to fix a time and place to hear such oral testimony. No oral testimony will be heard in any case, except in pursuance of notice given within the time and in the manner herein stated, unless it be allowed by the commission in its discretion for good cause shown.

2. The examination of witnesses shall be within the control and discretion of the commission. Any member of the commission may, in his discretion and in the interest of justice, question any witness at any point in the giving of his testimony. Where oral testimony is taken before the commission, it shall be reported verbatim in writing by a stenographer appointed by the commission, or otherwise as it may direct. Such report or a transcript in both English and Spanish shall be made a part of the record and copy in English and Spanish furnished to the agents of the respective governments.

3. A witness may testify either in English or Spanish, or, if necessary, in any other language; but in any case the language used shall be that best adapted to the understanding of the witness. Oral testimony shall be translated under the direction of the commission into Spanish, English, or both languages.

X. Hearings.-1. The order in which cases shall come on for submission before the commission shall be determined (a) by agreement between the agents of the United States and of Mexico, subject to revision in the discretion of the commission, or (b) by order of the commission.

2. When the agent of the government presenting the claim is ready to submit a case to the commission, he shall file notice with the secretaries, and may file together with such notice a brief prepared by himself or his counsel (or a brief prepared by the claimant or his attorney if countersigned by the agent or his counsel) and such documentary proofs in support thereof in addition to those already filed by him, as he may desire. On the filing of notice and brief, the agent of the other government may within twenty (20) days file with the secretaries a reply brief, together with such written proofs in addition to those already filed by him as he may care to present. Within ten (10) days the agent of the government presenting the claim may reply thereto by a counter brief, accompanied by additional written proofs, if any. Any new matter presented in or with the reply brief may be answered by the agent of the other government within five (5) days.

3. When a case comes on for submission to the commission, the agents or their respective counsel shall be heard on either side. The agent of the government presenting the claim, or his counsel, shall open the case, and the agent of the other government or his counsel may reply, in which event further discussion

shall be within the discretion of the commission. The time allowed for oral argument will be fixed by the commission.

4. When a case is submitted in pursuance of the foregoing provisions, the proceedings before the commission in that case shall be deemed closed unless opened by order of the commission.

XI. Awards.-1. The award of the commission in respect of each claim shall be rendered at a public session of the commission.

2. The award shall set out fully the grounds on which it is based, and shall be signed by at least two members of the commission. The award shall state in each case whether the English or Spanish text shall control in event of doubt as to the construction thereof.

3. In the event that the agents of the two governments shall stipulate any award, or the disposition of any claim, such stipulation shall be presented to the commission for confirmation and award in accordance therewith or other proper order thereon.

4. Any member of the commission who dissents from the award may make and sign a dissenting report setting out the grounds upon which he dissents and the award which in his opinion should have been made.

5. Four signed copies of the award, and of a dissenting opinion, if any, two in English and two in Spanish, shall be filed in the office of the commission, and forty printed copies, twenty in English and twenty in Spanish, shall be given to each of the agents.

6. Upon the application of either agent made within sixty days after the rendition of an award, and after giving the other agent an opportunity to be heard, the commission may interpret or rectify a judgment which is obscure or incomplete or contradictory or which contains any error in expression or calculation.

7. Two copies, one in Spanish and one in English, of each award rendered by the commission shall be entered in a book entitled "Register of Awards." Awards shall be entered in the register in the order in which they are rendered by the commission. Any dissenting report of any member of the commission shall be entered in the Register of Awards, in English and in Spanish, immediately following the award actually rendered in a given case.

8. The secretaries shall forward two printed copies of both texts of all awards to the International Bureau of the Permanent Court of Arbitration at The Hague. XII. Duties of the Secretaries.-1. The secretaries shall

(a) Be subject to the directions of the commission.

(b) Be the custodians of all documents and records of the commission, and keep them systematically arranged in safe files. While affording every reasonable facility to the agents and their respective counsel to inspect and make excerpts therefrom, no documents or records shall be withdrawn from the files of the commission save by its order duly entered of record.

(c) Make and keep in the English and Spanish language the Docket, Minute Book, Notice Book, Order Book, Register of Awards, and such other books and documents as the commission may from time to time order.

(d) Indorse on each document presented to the commission the date of filing, and enter a minute thereof in the docket.