Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-06-08
BY AUTHORITY.
Acts and Resolutions passed at the Second
Session Of the fhirlieth Congress-.

Session of the Fhirlieth Congress-.
rPuBL1c-No. 3S.1--An Act to carry into eff
feet certain stipulations of the treaty be-
tween the United States of America and the
republic of Mexico, of the second day of
February, one thousand eight hundred and
forty-eight.
Be It enacted By the Senate AMI House of
Representatives. ofthe United States Of Amer-
icd in Congress assembled, That the President
of the United States, by and with the advice
and consent Of the Senate, shall appoint three
persons, who shall constitute board of CON-
missioners, TO meet at the city of Washington,
at some early day to be designated by the
President, whose duty it shall be to receive
and examine all claims of citizens of the Uni
ted States upon the republic of Mexico, which
are provided for by the treaty between said
governments of the United States and Mexico,
concluded on the second day of February.
eighteen hundred and forty. eight. and which
may be presented to the said board of commits
sioners, and 10 decide thereon according 10 the
provisions of the said treaty, and of the first
and fifth articles OF the unratifed convention
concluded at the city of Mexico. on the twen-
tIeth day of November, one thousand eight
hundred and fOTtV-three
Sec. 2. And be it further enacted. That the
said board of commissioners shall have sec
rotary, versed in the English and Spanish Ian
guages, to he appointed by the President, by
and with the advice and consent of the Sen
ate and the said board is hereby authorized
TO appoint clerk, and 10 make all needtul
rules and regulations, not contrary to the laws
of the United States or the provisions of said
treaties, for carrying their said commission IN
to full effect
= SEC, g. And be it further enacted, That all
records, documents, and papers, which now
are or hereafter, until the close of said COM
mission, may come into the possession of the
Department of State, having relation TO said
claims, shall be delivered to the said board
and when the said commission shall be con-
cuded. the journal of its proceedings, togeth.
er with all the records, documents, and papers
which shall have come into IFS possession re-
lating 10 the business of said board, shall be
deposited in the Office of The Secretary of
State and the period of one year from and
after the organization of said board is hereby
designated, within which said commissioners
may, at the instance of any claimant or claim
ants. apply, through the Secretary OF State OF
the United States, TO the Mexican minister OF
foreign affairs, for all such BOOKS, records, or
documents, in the possession or power of the
government of the Mexican republic. as shall
be deemed necessary 20 the just decision of
any claim or claims submitted to said board,
in conformity with the provisions of said
treaty.
SEC. a. And be it further enacted, That the
Secretary Of Stale is required, as soon as the
President shall have designated the day for
the meeting of the said board, TO give public
notice thereof, and to cause said notice to be
published in such newspapers as are authori-
zed 10 publish the laws of the United States.
SEC. And be it further enacted, That the
compensation of the respective officers for
whose appointment provision is made by this
act, shall be as follows, namely To each of
said commissioners at the rate of three thou
sand dollars per annum to the secretary OF
the board al the rate of two thousand dollars
per annnm; and to the clerk at the rate of tf
teen hundred dollars per annum. And the
President of the United States shall be. and he
is hereby, authorized to make provision for
the contingent expenses of said commission as
to him shall appear reasonable and proper.
And the said salaries and expenses shall be
paid out of any moneys in the treasury not
otherwise appropriated.
Sec. And be 1t further enacted, That the
said commissioners shall report to the Secreta
ry of State list of all the several awards
made by them a certified copy thereof shall
he by him transmitted to the Secretary of the
Treasury, who shall thereupon distribute, in
ratable proportions among the persons in
whose favor the awards shall have been made,
the amount stipulated in the fifteenth article
OF the said treaty, (being three and one fourth
millions of dollars,) according 10 the propor-
tons which their respective awards shall bear
TO the said three and onefourth millions of
dollars, first deductng such sums of money as
may be due the United States from said per-
sons in whose favor said awards shall be made
and the said Secretary shall thereupon cause
certificates of stock of The United States to be
issued to the said parties, respectively, or their
legal representatives, for the amount 10 which
they may be entitled, which stock shall bear
an interest of six per cent. per annum until
paid, and redeemabe at any time at the plea
sure of the United States, or pay the same in
money, at the option of the United States.
Sec. 7. Ind be at further enacted, That the
said board shall terminate its business within
two years from the day Of lis organization.
SEC. 8. And be 1t further enacted, That in
all cases arising under this act where any per-
son or persons, other than those in whose ia
vor an award has been or may be made, shall
claim the amount so awarded. or any part
thereof, and shall within thirty days from the
passage of this act, or from the date of the
said award, notify the Secretary of the Treas
ury OF his, her, or their intention to contest
the payment of the same as awarded, and shall
file with the district attorney of the United
States bond, with good and sufficient secu
rty, TO be approved by him, for the payment
of The costs and damages arising therefrom,
the amount so awarded, and the payment OF
which is contested as aforesaid, shall be and
remain in the treasury of the United States,
subject TO the decision of the courts of the
United States thereon and thereupon the
| said party so claiming the sum so awarded, or
any part thereof, shall be at liberty TO file his
bill Tor relief and Injunction in the circuit court
of the District of Columbia. upon the princi-
Piles which govern courts of equity; and any
injunction thereupon granted by the cour,
! shall be respected by the Treasury Depart
/ ment; and the said case in equity shall there
| upon be conducted and governed in all respects
as in other cases in equity.
SEC 9. And be 1t further enacted, That this
act shall not go into effect until from and after
the tenth day of March, eighteen hundred and
| forty-nine.
ROB'T C. WINTHROP,
Speaker of the House OF Representatives.
G. M. DALLAS,
| Vice President Of tie United States, and
President of the Senate