The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-25

respectively or portion OF the actual expense Oh
such fishing voyage In ratio to the part Of the pas
wage or cruise be performed at the time OF such
capture only shall be allowed and paid, deductins
ascertaning the amount Of such losses the me-
morials afidavits, dispositions and papers,
losses clamed respectvey iHs ea in '' the
State Department. may be read In evidence: Pro-
posing party shall take. by commission, upon in
terregatories the testimsny Of the person giving
the afiidavit or shall produce the witness. And In.
the hearing OF the cause any party claiming shall
produce all books papers, letters and documents
that may be called Tor by general description
account for their loss or non production, suner
such Judgment as is prescribed In section fifteen OF
Courts of the United States" approved September
90 1859. And on the hearing OF the cause any com
peen evidence may be by e nn"n
rogatories; and for this purpose depositlons may
be taken by either party dc oene, or the court may
admit afhdavIrs where It is satisfactorily shown
that the witness cannot lie produced or his ex-
animation by interrogatories and cross-examina-
SEC. s.-That any citizen or corporation claiming
indemnity under the provisions OF this act may APP
p se 81 ce s ns use e Of the Mar
shall and Court, in print certified by himself or his
counsel to the Circuit or Territorial 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
made, last before sailed, setting forth summarily
that he is citizen OF the United States, or, II Q
the United States, the title to the property,
and the nature thereof, and whether he was q fulf
in pledge, or by mortgage thereon, the true and
Just value thereof at the time Of loss from whom
any and wnere e and wSsn nsa8sS aHd
when or where, as nearly as he knows
"aa or ana csS a TO the
petitioners knowledge or belief, no other person
has any other claim to or In the property
case of claims for war premiums paid, the amount,
and to what insurers and upon. what vessel the
were paid: or, in case OF claims for personal
damages or losses by reason OF capture, just and
true account Of the same and the money paid by
paid; which petition shall be verified by oath or
affirmation OF the party, II citizen, or the agent
OF the corporation duly authorizes making XXI the
shall order notice. returnable at time and place
certain within ninety days, containing the petition
prayer Of the petition should not be granted
returnable, and directing the Marshal tor the
proper district to cause the same to be published
tn Se dss the
day OF the notice. in two OF the principal news
papers published in the place where the Court IL
on or before the first day OF the first publication
upon the District Attorney OF the United States for
the district where the Court Is holden and also a.
copy upon the Attorney General OF the United
States and upon the Secretary Of the Treasury Of
the United States, the last two services to be made
by mail, and the receipt thereof duly acknowl-
edged by the officer receiving the same
And the Marshal shall make return of his
doings under said order, together with certificate
under oath, Of the publishers OF the newspapers%
where SAID nStSe was pup @ GtaI .4e same
papers for the time prescribed, which certificate
shall state the dates Of the first and last publca.
ton. Within twenty days after the return day OF
such notice any person claiming an adverse 81
joint other interest in the subject matter thereof
summary manner his claim OF title interest In or
ownership to said property IN the same manner as
tine ma m N tse 10 a
by SAID petition, and may be heard by himself on
counsel In the trial of the same. And Il shall be
the duty of the District Attorney Of the United
make answer to said petition, summarily denying
s q e ssssssn' snJ ;s'es sssi 's
for the states in that q tbs
shall also be made. within twenty days after the
filing thereof by the District Attorney to any other
petition which may be filed in the causes as herein
before provided; and In case no such answer shall
be filed as before provided. or upon fling the an
Eve rs as be- and
II any question OF fact in dispute between the par
ties arises or any Of them, the Court may frame an
same manner as in ordinary trials AZ law at the
guest Of either party or the Judge therso. may
elect. r. upon the hearing Of the cause. any qucs.
ton Of law shall arise 5y way o. exception o.
sttnw alone, snail be- Of opinion that it
ought to be heard and deter Ininea N.Y.
the GosTt s 81 the the
shall be opposed in opinion thereon. then and not
otherwise. such question of law may be certified to
tions OF law are now certified from the Circuit
Court upon division OF opinion Of the Justices
petitioner It may assess and determine the suuIs
which will be an indemnity to the party or parties
an
set forth for the loss claimed in each petition
spectivey, and where the assessment of the loss in
wolves the examination OF accounts books and
auditor. to be BY Tim appointed, to examine the
result OF such examination to the Court and order
q judgment against the United States, with costs
taxed as in equity 10 v9r o is
OF the property suffered the less, in the amount
OF . Just and true indemnity for his said loss =
claimant fer said loss, as such party would be
concluded by Judgment IN rem, In admiralty pro,
whether at the trial the claimant was insured O.
uninsured on said property by what vessel ana
Is a near u a may R
classes OF claims said loss falls; and certificate
OF said Judgment, under the seal OF SAID Court
presentation TO the Secretary Of the Treasury.
same, out OF moneys paid BY the govern
ment OF Great Britain In satisfaction or said
case the Court shall md that nothing is due to any
claimant under his petition or that nc has been
fully paid for his losses actually incurred ny sue
insurance he has received, then Judgment shall be
entered for the United States, which shall oe nnal
unless question OF law Is certified to the unitea
States Supreme Court, as Is herenbciore provcen.-
All original petitions must be filed under this act
on before the first day OF July, IN the wear lSI4
and all supplemental petitions, as neIein
within four months thereafter, or the c'aim sha'i
be held as forever barred. 49,, .. r.
SEC. 4-That the claim OF the unlteo STATES ior
indemnity from said award, a. neISn, prvVs"uu,'
may be ascertaned by q petluon n'eu py the
Attorney General in the supreme Court OF the
i,istrIct of Columbia, wherein ike proceedings
shall be had as are hereInbefore provided for othcr
ciaimants. except that any party having an inter
cot in same award may answer thereto.
SEC 5-That when 1t shall appear to the Secretary
of the treasury by the certificate Of the Circuit
Court under the seal thereof, that Judgment has
credi favor OF q claimant. and thai the