New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-01-25
APpENDIx-TExT OF THE BILL.


APPENDIX-TEXT OF THE BILL
Dill 10 provide for the jus, equitable distribution q the aSad
states by the Commissioner at Geneva and'r
Treaty 0 Washington.
BE IL enaeed 6y the Senate and House ~ Representa-
tires Of the United States Of America an Congress as
sembed That of the money paid by the Government
of Great Britain i'll satisfaction Of the award Of the arb
traon at Geneva, under the Treaty OF Washington IN
Identification to the United States and citizens thereof
and corporations established therein, shall be established
and paid from the Treasury IN the manner b
provided TO the following classes OF claimants III inc
frst To ali actual owners Of property at the time Of
its destruction, whether ships cargOes, Outht, al
freighs actually earned lost by capture destruction
by the cruisers for whose acts SAID arDltTatOrs nave
found the Government OF Great Britain LIABLE snail De
paid an actual indemnity where they were not insured
thereupon the insurance was not received
Second: In all suoh vessels 10 inc ocers ana crews
all the wages which had been actually earned by them
up TO the time their capture, loss or destruction by
each respectively captured and lost or DESTROYED IN the
captured who have not received the insurance
thpreupon and such officers and crews, or 20 any
on board either of said vessels an indemnity lOf uiu
ages actually sustained from such capture or detention
and the amount expended IN returning 10 their homes OF
Iopn'ent resnecyely not Including any prospective
profits or wages not earned at the time Of capture.
Third Where the owners officers, or seanen OF such
vessels so captured and lost destroyed were insured
for less and received in less amount than the
actual value of the vessel or other properly ap4ve
described, captured, and lost OF destroyed further
Indemnity shall be made for their loss beyond the sum
FonrM TO the United States for all vessels the prop
erty of the Government which were under charter
10 the United States and for tho destruction or loss OF
which the United States. by the terms of the charter
party was liable, which captured and destroyed
aud lost by said cruisers together with the property OF
the United States on board and the same indemnity TO
the officers and of said vessels respectively. as
herenbeOre provided in of capture of private YES
Fth: All persons who had paid premium for war
risks vessels after the sailing OF either OF sad cruisers
them whether they suffered loss by capture OF ther yes
miums paid secured TO mutual Insurance companies
the indemnity shall be the difference between tho pre-
MUM paid secured and the returned security or pre-
SiT6 To all insurers. being citizens or corporations
OF the Unleo states nasi mi h y n
exhibit of their books Of account and business that
we sfsr W." the sailing Of either Of said cruisers
did not equal in amount the losses paid by them,
or destroyed by either all OF said cruisers provided
the amount paid TO any such insurance company lOr
among members thereof at the time OF the losses
paid by them respectively IN proporQn 10 he ''oeA Vi
Interest then owned by each member thereof
MODE OF AsCERTAINIEG LOSSES.
SEC O. That in ascerthning the losses suffered ac-
count shall be taken OF prospective profits or OF freight
not then earned profits Of charterpares not then
fulfilled save that where any vessel carrying freight or
passengers or bound on fishing voyage had partly per-
formed her voyage only at the time OF such capture,
portion of the passage and freight then earned OF
accrued respectively or portion OF the aota expense
OF such fishing voyage in rao 70 the part Oh t9 passage
only shall be allowed and paid deduoting the portion OF
provision and outfit expended. In ascertanlng the
amount OF such losses, the memorials, aihdayits,
depOst0Ds, aud papers. OF any other papers In the
several OF losses claimed respectively, lied III the
State Department may DO read III evidence fTOpIded
That affidavit shall be read when the opposing party
shall take by commission upon lntsrfogatores tne YES
duce the witness And In the hearing OF the cause any
party claiming shall produce all books papers, letters
and documents that may called for by general de-
scrption thereof by any opposing party or
Judgment as s prescribed of entitled
IAN act TO establish the judicial courts OF the United
States" approved September 49, lS9 And on the hear
ing OF the cause any competent evidence may be pro
dueed by either party either viea or by deposition
tons may be taken by either party bee the court
may admit affidavts where IL Is satisfactorily shown
that witness cannot be produced OF his examination
by and cr0ssxaminaton cannot be had
FoRMALITIEs REQUIRED OF APPLICANTS.
SEC s. That any citizen or corporation claiming in
demny under the provisions OF this act may apply by
petition of which he shall Tile IS copies in the clerks
office for the Of the marshal and court, in print
certified by himself his counsel tolhe,crcui terri
toria court of the United States having Jurisdiction at
the place wherein he resides last resided in which
the port Is situated from which the vessel because OF
the capture the destruction OF which the claim is
made last before sailed setting forth summay that he
is citizen OF the United States, or II corporation,
that the same Incorporated within the United
fbereof and whether he was fu owner, or cains to
have held the In trust or in pledge or by mort
time of loss, from whom he purchased the same, the
amount OF insurance, II any, and where and when
insured and when and where, as nearly as he
knows or believes, and by what cruiser. the
destroyed or injured, and that TO the petit
toner's knowledge belief. other person has any
other claim 10 interest in the property than tht
which set forth IN said petition IN ease of claims
fer war premiums paid, the amount. and 10 what
Insurers and upon what vessel the paid, in
OF claims for personal damages losses by
of capture just and true account OF the and the
money paid by him on account thereof and 10 whom
and when paid; which petition shall he verified by
oath affirmation OF the party If citizen the agent
Upon the fling Of said petition the shall order
notice, returnabe at time and place certain within
ninety days. containing the petition, and an order
commanding all persons TO appear and show cause.
II any they have why the prayer OF the petition
should not be granted at the time and place at which the
notice retuTDaDle and directing the marshal Tor tho
proper district 70 tho same TO be published three
times week for four weeks The last publication TO be
at least 30 days before the retuknday OF the notice In
TWO OF the principal newspapers published III the place
where the court IL holden, and to serve duly certified
copy thereof before the first day Q the FIRST publ
caon upon the District Attorney OF tc United states
Tor the district where the court holden, and also
upon the Secretary OF the Treasury Of the United
oos tne last two services to be made by mall aud the
receipt thereof duly acknowledged by the officer re-
osiNng the same And the marshal shall make "A return
VI nus uoes UNDER said order, together with certif
oate ue. OATH OF the publishers OF the newspapers
where sald notice published that the same has een
published IN the full editions OF their papera for the time
prescribed winch certificate shall state the daes OF the
nrst ana st puDcati0n Within days after the re-
turnday OF such notice any person claiming nm
adverse, Joint. other interest m fla
snbiect matter thereof. may appear and Gie
ms petition, setting forth In a sumlaarv MANN