National Republican. (Washington City (D.C.)) 1872-1888, 1874-08-26
aatiuuaI gEpnblitar.
LAWS OF THE UNITED STATES
PASSED AT THE FIRST SESSION OF THE
FORTY-THIRD CONGRESS.

n, directly resulting from damage caused by
the so-called insuFgeCt cruisers Alabama, Flor
tda, and their tenders, and also all claims ad-
'missabie under this act directly resulting from
damage caused BY the so-called insurgent cruiser
Shenandoah amer her departure from Mel
bourne on the eighteenth day of February,
eighteen hundred and sixty-1Ve, and 10 decide
upon the amount and validity Of such claims,
In conformity with the provisions hereinafter
contained, and according to the principles Of
law and the merits of the several cases. All
claims shall be verified BY oath Of the claim
ant, and fled In said court within SIX months
next after the organization thereof, as provided
In section eight of this act; and no claim shall
be received, ,docketed or considered that shall
have not been 50 fled within the time afore-
said; but every such uurepresented claim shau
be deemed and held to be finally and eonclu-
sively waived and barred.
Sec. IL. That no claim shall be admissible
or allowed by seid court for any loss or dam
age for or IN respect to which the party in
jured, his asSignees or legal representatives,
shall have received compensation or indemnity
from any insurance-compRny, insurer, or 9th.
-erWise; but If such compensation or indemnity
80 received shall not have been equal to the
loss or damage 50 actually suffered, allowance
msy be made for the difference. And in no
case shall any claim be admitted or allowed
for or in respect TO unearned freights, gross
freights, prospective profits, freights, gains, or
advantages, or for wages Of officers or seamen
for longer time than one year next after the
breaking-uP Of voyage by the acts aforesaid
And no claim shall be admissible or allowed
b. said court by or in behalf of any insurance
company or insurer, either in its or his own
right or as assignee, or otherwise, in the right
Of a person or party insured as aforesaid, unless
such claimant shall show, to the satisfaction
of said court that during the late rebellion the
sum of its or his losses, in respect to its or his
lie al ha erun pf re HIS
miums or other gains upon or in respect to
such war-risks; and in case of any such allow
anCe, the same shall not be greater than such
excess Of loss. And no claim shall be sd-
missable or allowed by said court arising in
favor Of any insuranCe-company not lawfully
existing at the time of the loss under the laws
of some one OF the United States. And no claim
shall be admissible or allowed by said court
arising in favor of any person not entitled, at
the time of his loss, to the protection Of the
United States In the premises, nor arising in
favor Of any person who did not at all times
during the late rebellion bear true allegiance
to the United States.
Sec. Is. That in estimating the compensa-
ton to claimants, interest shall be allowed, at
the rate Of four per Centum per Gnnum upon
the amount Of actual loss or damage which
shall be ascertained in each case to have been
sustained, from such date as the court shall,
in each case, decide that the loss was sustained
o. By Tue ClalLlduL. i FOUtLACQg HOutCCTg Luab TIC
amount Of such interest shall not be included
In or added TO the amount for which judgment
pGy be rendered on said claim; but in each
case report Of tho amount of such interest,
certified under the seal Of the court, shall &C
company the report Of the Judgment on the
claim to the Secretary Of State.
Sec. Il. That the said court shall report to
the Secretary Of State q list of the several
judgments and decisions made by 1t, a certi-
fed copy Of which shall, upon the conclusion
of the business Of the said court, be by him
transmitted to the Secretary of the Treasury,
q who shall thereafter, as soon as may be and
upon such notice and in such manner as he
shall prescribe, pay the said Judgments, to-
gether with interest at the rate Of four per
Centum per annum on the amount Of such
judgments from the date certified, unto the
persons, respectively, in whose favor the same
shall have been made, or to their respective
legal representatives, in full satisfaction and
discharge Of said judgments: Provided. That
II the sum Of all the judgments rendered by
the said court, together with interest, shall
exceed tho amount received into the Treasury
of the United States as proceeds of the sum 10
,be paid BY Great Britain, by virtue Of the said
decision and award, then the Secretary of the
Treasury shall distribute, IN ratable proper
tons, among the parties in whose favor judg-
ments shall have been rendered, or to their legal
Representatives, such moneys IS have been re-
proportions which their respective judgments
shall bear 10 the whole amount received into
The Treasury as aforesaid, which payments
. shall be IL fun satisfaction and discharge Of
such claims and judgments.
See. Is. That the Secretary of the Treasury
Z hereby authorized and required to pay the
said respective judgments Of said court, out Of
any such money in the Treasury not otherwise
appropriated; and for that purpose be is hereby
authorized when necessary to issue and sell at
public sale, AFTER ten days notice Of the time
aud place of sale, at not less than par in coin,
q Sufficient amount Of coupon or registered
bonds of the United States, in such form as he
may prescribe, OF denominations Of fifty dol
latE, or some multiple Of that sum, redeema-
BILE in coin Of the present standard vGlue, at
the pleasure of the United States after ten
years from the date Of their issue, and bearing
interest payable quarterly In such coin at the
rate of five per centum per annum; and upon
the payment, from time to time, Of the said
respective judgments Of said court as before
provided, the bonds Of the United States men,
TONED in the act approved March third, eigh-
teen hundred and seVenty-three, entitled "An
act for the creation Of q court for the adjudica-
ton and disposition of certain moneys received
into the Treasury under an award made by
the tribunal Of arbitration constituted by vir-
tue of the first article Of the treaty concluded
ct Washington the eighth Of May, ammo Dom
mi eighteen hundred and se7enty-ope, between
the United States Of America and the Queen
Of Great Britain" shall DO Cancelled and eX-
ttpgUlshed to the amount Of such payments;
and when all such payments shall have been
made, any such bonds remaining shall be also
Cancelled and extiuguished; and after the pay
pent Of the said Judgments, and the reirn-
burseuent Of the expenses ss herein provided,
If there shall remain any part Of the said
money, the same shall be and remain fund
from which Congress may hereafter authorize
the payment Of other claims thereon. And
the moneys necessary for the payment of the
salaries Of the judges and other officers au-
thoTized BY this act, and Of the expenses OF
the said court as hereinbefors mentioned, are
hereby appropriated out Of any moneys in the
Treasury not otherwise appropriated.
Sec. 10. That as soon as the business Of said
court shall be executed and completed, the
records, documents, and all other papers in
the possession Of the court, or its officers,
sRall be deposited in the Office of the Secretary
Of State.
Sec. II. In ascertaining the amount Of such
losses, the memorials, afidaYits, dispositions,
and any other papers in the several cases Of
losses claimed respectively, now filed IN the
State Department, or official copies thereof,
may be read in evidence: PrOyidsd, That no
sfidavit shall be read except where It appears
to the satisfaction Of the tribunal that the
atiant cannot be produced before it as wit
ness or his testimony taken BY 4 commission
upon heterogeneous; and in the hearing Ofthe
cause any party claiming shall produce all
books, papers, letters, and documents that
may be called for by a general description
thereof BY any opposing party, or satisfactorily
account for their loss or nOn-productiOl, or
suffer such judgment as is prescribed in sec
ton fifteen Of the act entitled "An act to
establish the judicial courts Of the United
States" approved September twenty ninth,
seventeen hundred aud eighty-nine; and on
the hearing Of the cause, any competent evil |
dence may be produced by either party, either |
viva Toce or by deposition taken upon inter !
rogator!es; and for this purpose dispositions |
may be taken by either party de bene, or tho |
court may admit at3davits where It is satisfac- /
tOrily shown that the witness cannot be pro- !
6uced or his examination by interroga. |
tories and cross examination cannot be had |
Sec. Is. That in case any judgment is rem
dered by said court for indemnity for any loss /
or claim hereinbefore mentioned against the |
United States at the time of the giving of the |
judgment, the court shall, upon motion of the |
attorney or counsel for the claimant, allow.
out of the amount thereby awarded, such rea- |
sonable counsel and attorney fees to the coun.
eel and attorney employed BY the claimant or |
claimants respectively as the court shall de- |
termine is Just and reasonable, IS compensation |
for the services rendered the claimant In prose-
cutting such claims, which allowance shall be |
entered as part Of the Judgment in such case,
and shall be made specifically PAYABLE as part |