The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-20
TILE GENEVA AWARD.
WAsHIN8roN, April 10, 1874.
The Bin for the Distribution of the

WAsHINaroN, April IL. 1874.
The Bill for the Distribution of the
Geneva Award.
me following Is the full text OF the bin reported
rom the House Committee on the Judiciary TO
provide for the just and equitable distribution OF
the award made to the United States by the Com
missioners at Geneva under the Treaty OF Wash
ingte1:-
Be it enacted by the senate and House OF Repre-
senrauves OF the United States OF America IN Con-
the government OF Great Britain IN satisfaction OF
theaward OF the arbitration at Geneva, under the
Treaty OF Washington, indemnincation TO the
United states and citizens thereof and corpora
1AOns organized under the laws Thereon or the laws
Oi rue several states and Territories therein, shall
be established and paid from the Treasury, IN the
manner hereinafter provided, 20 the following
classes OF claimants In the manner following
Ffrst-FOr all loss destruction or damage by
any Confederate cruiser ior whose acts the gov
eminent OF the United States have made upon the
government OF Great Britain, done TO or suffered
by ali such corporations and citizens oil the United
states, actual owners Of property at the time OF
IT'S destruction, whether ships or cargoes outnt,
advanced other wages paid to officers and sea-
men, or lreights actually carried.
To the officers and crews, being citizens afore-
SAID all the wages which had been actually earned
by them up to the time OIL their capture loss or
destruction IN any vessel by sucn cruisers, To-
gether with the Individual property or each re-
specnveiy captured and lost or destroyed IN the
vessel so captured. VINO have not received tue IN
xurance thereupon; ana 10 sucn :. oihcs s, anu
sad vessels, indemnify Tor damages
actually sustained from sucn capture or detention,
and the amount expended ia returning 10 their
homes, or the place where they engaged IN busl-
ness or took employment, respectively, not Mcluti-
lng any prospective profits or wages not earned
ct the time OF capture, which had been heretofore
paid them.
OF the government, or which Were under charter
to the United states, and Tor the destruction or
loss OF which the United states, ~ the terms Of
and destroyed and lost by said cruisers, together
with the property OF the United states on
board and the same indemnity TO the officers
and crew OF said vessels, respectively, ~ herein
before provided OF capture OF private ves-
sells, except where such losers were insured in
part or in whole FOR property lost, IN which
case the indemnity shall De made only for the loss
beyond the sum received by the loser for such In
surance.
TO all insurers being citizens or corporations or
the United States respectively. having insured or
by an exhibit OF their books or account and busi-
ness or otherwise, that the war premiums actually
received by them did not equal in amount the
losses paid by them because OF property tnereai-
terward captured and lost or destroyed by
either or al Of said cruisers; provided mat the
for iosses so sustained shall be apportioned by the
company among the members thereof at the time
OF the losses paid by them respectively, In proper
non TO the interest then owned by each member
thereof; and provided further. that no insurer
shall have any claim right in the claims OF any
assured herein PROVIDED for because OF any assign
ment either IN law or in TACT, unless such assignee
had actually paid lust and adequate consdera-
ton therefor other than underwriting the policy
or settling or paying any loss claimed by the as
sured.
aforesaid VINO had paid premium for war risks
on vessels and cargoes, ireghts, or other properly
therein, after the sailing OF either OF said cruisers
70 the amount OF such extra on war premiums only
paid to them, whether they suffered loss by CAP
said cruisers; provided, that IN case OF such
premiums paid secured to mutual insur-
ance companies, the indemnity SHAN be
paid or secured and the returned security
VI premium thereior provided iurther
lore or may hereafter be assigned or transferred
10 any person. whole or III part, or on which any
lien or interest is secured In any way, shall be al
lowed by the court before which such claim IS
made and then, III addition 10 his statement vi his
cialIn, as hereinafter provided, declare under
oath mat there Is no lien or claim thereon and
tnat no sale or transfer thereon has been made,
either in whole or IN part; ana upon proof made
TO the satisfaction OF the court that any lien has
been put thereon, or That any assignment or trans
fer has been made OF any such claim, the same
the satisfaction OF the Secretary OF the treasury OF
any such lien, transfer, or assignment prior TO
Issuing the warrant therefor, he shall stop the
payment OF any Judgment thereon.
SIC 2.-Tnat in ascertaning the losses so SUI
Tered NO account shall be taken OF prospective
profits, or OF freight not then earned. or OF PROFITS
Df charter parties not then fulfilled, save that
where any vesse: carrying freight or passengers.
Or bound on u fishing voyage had partly performed
her voyage, only at the time OF such capture. de-
structOn or loss. the portion OF the passage money
and freight which would have been. II the voyage
had been carried out then earned accrued re-
spectlvey, or the portion OF the actual expense
vi such nshing voyage IN ratio TO the part OF the
passage or cruise TO be performed at the time OF
sucn capture only Shall be allowed deducting the
porLon OF provisions and ouint then expended
In asccrtaining the amount Of sucn iosses the
memorials, affidav1ts, dispositions and any other
papers in the several cases OF losses claimed re-
spectlyely now filed IN tne state Department, or
0nicial copies thereon, may be read IN evidence.
Provided, that atidavit shall be read except
where IT appears TO the satisfaction OF The tribunal
that the .f1ant cannot be produced before II as
witness. or his testimony taken by commission
apon interrogatories; aud, IN The hearing OF
the cause. any party claiming shal pro-
nuce all books, papers, letters anu docu-
nents that may he called Tor by a general
description thereof by any opposing party,
or satisfactorily account Tor their loss non-pr0
Auctlon, or suffer such Judgment as Is prescribed
in section fifteen OF the act entitled, IAN acg 10
establish the Judicial courts United states -
approved September 90, 1883: and, on the hearing
Of the cause. any competent evidence may be pro-
duced by either party, either rtUd rOce or oy de-
position taken upon heterogeneous, and Tor this
purpose dispositions may be taken by either party
de bene, or the court may admit affidayits where
IL is Satisfactorily shown that sue witness cannot be
produced. or his examination by interrogaJories
and crosse EXAMINATION cannot De had.
SEC 3.-fhat within sixty days alter the passage
oil this ACT the Attorney General OF the United
States shall HE in tne circuit Court OF the United
STATES in a circuit to he designated ny the Presi-
henL bill in equity, Ia tnc nature OF oil OF IN
ierpieader, which shall state, II any, what claim
IN said money paid upon SAID award ls mace by
the government OF the United states Tor losses or
damages, with a concise statement OF the facts,
grounds and nature OF such claims respectively,
and also tn at the United states nolds the money
paid by Great Britain in pursuance OF said award,
and the interest accrulng thereon subject to he
Just claim OF all persons and corporations entitled
thereto under the provisions and Limitations
set forth IN this act and not otherwise.
already died claims in the state Department for
losses damages caused Dy either OF said cruisers
shall be named ~ defendants IN SAID Dill, and that
they claim severally to be entitled to portions OF
the SAID money, but the paricuarsol their several
claims need not he set forth. And notice or the
commencement and tendency OF such bill shall be
gwen by publishing the substance thereof In one
puttic newspaper III each state and territory at
least once week ior three mon tbs successfully.
And such notice shall state the day OF ming SUCH
OIL, and that every person, company or corpora
uOD Claiming 10 be entitled to any part OF said
iund, ant desiring To appear and become q party
thereto to assert snch cialm Is required TO enter
an appearance therein within six monGns from the
ding OF such siu And all and every person.
company or corporation, whether named az n
defendant In said bill or not, who sh3ll not enter