New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-09-13

not entitled, ct the time of his loss, to thu
protection Of the United States in the
premises, nor arising in favor Of any per-
son who did not at all times during the late
rebellion bear true allegiance to the United
States.
SEC. l3. That in estimating the compens
sation to claimants, interest shall be allow:
ed, &C the rate of four per centum per ans
mum upon the amount OF actual loss or
damage which shall be ascertained ia each
case to have been sustained, from such date
az the court shall, in each case. decide that
the loss was sustained by the claimant; pre-
vided, however, that the amount Of such IN.
terest shall not be included in or added
to the amount for which judgment may ba
rendered on said claim but in each case q
report of the amount Of such interest, certi.
fed under the seal of the court, shall &C.
company the report of the Judgment on tho
claim to the Secretary of State.
Sec. IA. That the said court shall report
to the Secretary of State q list of the sew.
certified copy Of which shall, upon the con.
clusion of the business Of said court, be by
him transmitted to the Secretary of the
Treasury. who shall thereafter, as soon 40
may be and upon such notice and in such
manner as he shall prescribe, pay the said
judgments, together with interest at the
rate Of four per centum per annnm on the
amount OF such judgments from the date
certified, unto the persons, respectively, IN
whose favor the same shall have been madea
or to their respective legal representatives
in full satisfaction and discharge of said
Judgments; provided that if the sum of all
the judgments rendered by the said court.
together with interest, shall exceed the
the amount received into the treasury Of the
United States as proceeds of the sum paid
by Great Britain, by virtue Of the said deci
4 fho nf hs
Treasury shall distribute, in ratable proper:
tons. among the parties in whose favos
judgments shall have been rendered, or ta
their legal representatives, SUCH moneys AZ
have been received into the Treasury.
according to the proportions which their
respective judgments shall bear to the
whole amount received into the. treasury
as aforesaid, which payments shall be ia
full satisfaction and discharge OF sucE
claims and judgments.
SEC. H. That the Secretary OF the 1reas'
ury is hereby authorized amt required 70
pay the said respective judgments OF salt
court, out of any such money IL the Treas.
AIRY not otherwise appropriated; and fef
that purpose he is hereby authorized when,
necessary to issue and sell at public sale-'
after ten days notice OF the time and place
Of sale, at not less than par in coin. q sutii'
cent amount Of coupon or registered bonds
NAV prescribe OF denominations OF Mtg
dollars. or some multiple of that sum,
rtdeemable in coin Of the present standard
value, at the pleasure of the United Statea.
after ten wears 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 o.
said court as before provided, the bonds OF
the United States mentioned in the act
approved March third, eighteen hundred
and seventy three, entitled IAN act for the
creation Of a court for the Sadjudication
and disposition Of certain moneys received
into the treasury under an award made By
the tribunal Of arbitration constituted by
virtue of the first article of che treaty con-
eluded at Washington the eighth of May.
ammo Domini eighteen hundred and seventy.
one, between the United States of America
and the Queen Of Great Britain" shall be
Cancelled and extinguished TO the amount
of such payments; and when all such pay
ments shall have been made, any spch
bonds remaining shall be also Cancelled ana
extinguished; and after the payment OF the
said judgments, and the reimbursement OF
the expenses As herein provided, II 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. Aud
the moneys necessary for the payment Of
the salaries Of the judges and other officers
authorized by this act, and of the expenses
of the said court as hereinbefOre mentioned.
are hereby appropriated out of any moneys
in the treasury not otherwise appropriated.
SEC. 16. That as soon as the business o.
said court shall be executed and completed.
the records, documents. and all other pa
pers in the possession of the court, or it,
officers, shall be deposited il the Office OF
the Secretary Of State.
SEC, II. In ascertaining the amount OF
such losses, the memorials, atfidavits, depo-
sitions, and any other papers in the several
cases of losses claimed respectively, now
filed in tho State Department, or official
copies thereof, may be read in evidence;
provided, that no affidavit shall be read
except where IL appears to the satisfaction
OF the tribunal that the atfiant can not be
produced before it as witness or his testi'
mony taken by commission upon inter.
rogatories; and in the heariug Of the 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 as
count for their loss OF non production. OF
suffer such Judgment as is prescribed By
section fifteen of the act edtitled Gan act to
establish the judicial courts of the United
States" approved September twenty ninth.
seventeen hundred and eighty nine; and or
the hearing Of the cauee. any competent
evidence may be produced by either party.
either vive voce or by deposition taken
upon interrOgatOries; and for this purpose
dispositions may be taken by either party
de bene, or the court may admit affidavits
where it is satisfactorily shown that tho
witness can not be produced or his examiD'
alton by ihterrOgatOries and cross examls-
alton can not be had.
Sec Is. That ia case any judgment is
rendered by said court for indemnity for
any loss or claim hereinbefOre mentiOped
against the United States at the time of the
giving of the Judgment, the court shall.
upon motion of the attorney or counsel fOF
the claimant, allow, out of the amount
thereby awarded, such reasonable counsel
and attorney fees to the counsel aud attOr-
ney employed by the claimant or claimants
respectively as the court shall determine is
Just and reasonable, as compensation fos
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 of said judgment for indemnifica-
ton TO the attorney or counsel, or both, to
whom the same shall be adjudged; and q
warrant shall issue from the Treasury in
favor of the person to whom such allowance
shall be made respectively, which shall Do
in full compensation to the counsel or att0r-
ney tor prosecuting such claim; and all
other liens upon. or assignments, sales.
transfers, either absolute or conditional fcs
services rendered or to be rendered abOuS
any claim or part or parcel thereof prOvidea
for in this bill heretofore or hereafter made
or done before such Judgment is awarded
and the warrant issued therefor, shall be-
absolutely null and void and of none etfess.
/. Approved June %, 1874.