The Portland daily press., 1875-01-19

mon each OF SAID claims accorulhS W Ino Pio'isA
SEC s. That the judges of the court created by
this act shall in the city OF washington as
soon as conveniently NAV be after their appoint
ment: and the said court shall exist for one year
from the date of its first converting and organizing;
and should it be found impractcabe to complete we
work of the said court before the expiration OF the
said one wear, the President may, by proclamation,
extend the time of the duration thereof to period
not more than six months beyond the expiration OF
the said one year, and in such case all the provisions
of this act shall be taken and held to be the same as
though the continuance of the said court had been
originally fixed by this act at the limit 10 WHICH IL
NAV be thus extended.
SEC. 8. That all records, documents or other pa
pers which or hereafter, during the eont'nuanc9
of the court may come into possession OF the ne,
partment of State, in relation to such claims anu
which shall be found necessary to the examlhallon
and adjudication of the same, shall, upon the oIueI
requision of said court, be delivered 10 Iiie co'
for that purpose and to be given such weight as EVIL
dence as the court shall think just.
SEC. 10. That each OF the SAD Judges sha,s nav
authority to administer 0aths and atfrmations, and
to take the dispositions of claimants, parties, ana VIII
nesses in all matters pertaining to the presentation
or examination of said claims; ana II any person
shall Knowingly and wiully swear or affirm falsely
in such examination or deposition to any matter OF
fact material to the investigation OF the claim loucn-
ing which such person is examined OF IL any person,
whether claimant Witness Shall so swear or af1rm
falsely to the contents of any memorial petition,
affidavit deposition or other paper containing any
matter or fact material in the examination OF any
claim pending before, or to be presented before SAID
court sshall, in giving testimony, or in swearing
atnrmlng 10 any uepOSlUlOI oIHcl pa
per- before any officer authorized to administer oaths
to take such testimony, so swear or a1nrm 1asey
to any matter thing material in the examination
of any claim pending or to be presented before sld
court every such person so swearing or affirming
falsely as aforesaid shall be deemed guilty OF perjury,
the same as if such false oath affirmation had been
taken in judicial proceeding in any of the courts of
the United States, and shall be liable to Indictment
and trial the district circuit court OF the United
States for the district in which such perjury shall
have been committed, in the proper courts of the
United States for the Territory or District OF Column
ba in which such perjury shall have been committed
and SHALL upon conviction, suffer such punishment as
is provided by the laws of the United States for that
ofense.
SEC H. That it shall be the duty of said court to
receive and examine all claims admissible under
this act that may be presented to it, directly result
ing from damage caused by the so-called insurgent
cruisers Alabama Florida, and their tenders, and
also all claims admissible under this act directly e-
sultrg from damage caused by the so-cailed 1nsur-
gent cruiser Shenandoah after her departure from
Melbourne on the eighteenth day OF FeDruary,
eighteen hundred and siXty-ive, and to decide upon
the amount and validity of such claims in conform
ty with the provisions hereinafter contained and &C
cordng to the principles of law and the merits of the
several All claims Shall be verified by oath OF
the claimant, and filed in said court within six
months next after the organization thereof as pro-
vided in section eight of this act; and no claim shall
be received docketed, considered that shall have
noibeen so filed within the time aforesaid but every
such unrspresented claim shall be deemed and held
to be finally and conclusively waived and barred.
SEC. -. That claim shall be admissible or al
lowed by said court for any loss or damage Tor or IN
legal representatives, shall have received compensa-
ton or indemnity from any insurance company, in
surer or otherwise; but if such compensation or in
demny so received shall not have been equal to the
loss or damage actually suffered, allowance may
be made for the difference And in no case shall any
claim be admitted allowed for in respect TO I'M
earned feights gross freights, prospective profits,
reights gains 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 by said
court by or bin behalf of any insurance-company or
insurer either in its his right, assignee,
otherwise in the right OF person OF party insured
as aforesaid unless such claimant shall show to the
satisfaction Of said court that during the late rebel
lion the of its or his LOSSES in respect to Its or MS
War-risks exceeded the sum OF its or his premiums
or other gains upon in respect to such warrsks
and in case of any such allowance, the same shall not
be greater than such excess of loss. and no claim
shall be admissible allowed by said court arising
in favor of any insurance company not lawfully ex-
listing the time of the loss under the laws OF some
one of the United States. And no claim shall be
admissible 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. 13. That in estimating the compensation to
claimants, interest shall be allowed, at the rate of
four per centum per annum upon the amount OF act
ua loss or damase 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 suS-
tanned by the claimant PrOUided however, That the
amount of such interest shall not be included in or
added to the amount for which Judgment may be
rendered said claim; but in such case report Of
the amount of such interest, certified under the seal
of the court shall accompany the report OF the udg
ment on the claim to the Secretary of State.
SEC. A. That the said court shall report to the
Secretary of State list of the several judgments
and decisions made by it, certified copy of which
SHALL upon the conclusion of the business of the said
court be by him transmitted to the Secretary OF the
Treasury, who shall thereafter, as soon as may be-
and upon such notice and in such manner as he shall
prescribe pay the said Judgments together with in
teret at the rate of four per centum per annum on
OtrrtO IF auch indD trOm l.
fed unto the persons. respectively In whose favor
tue same shall have been made, to their respect
i've legal representatives in full satisfaction and dis
charge of said judgments: PToUided, That il the
OF all the judgments rendered by the said court to-
eether with interest, shall exceed the amount re-
ceived into the Treasury OF the United States as pro-
ceeds of the sum to be paid by Great Britain, by viz
tue of the said decision and awafd then the Secreta-
ry of the Treasury shall distribute in ratable pro-
portions, among The parties in whose favor Judg-
shall have been rendered. or to their legal rep
resentatiyes such moneys have been receives into
the Treasury, according to the pToportons when when
their respective judgments shall bear to the whole
amount received into the Treasury as aforesaid,
which payments shall be in full satisfaction and dis
charge of such claims and judgments.
SEC. Is. That the Secretary Of Treasury is hereby
authorized and required to nay the said respective
Judgments of said court outof any such money! in the
Treasury not otherwise appropriated; and for 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, a sufficient amount OF coupon or registered
bonds of the United States, in such form as he may
prescribe of denOnlin ations of fifty dollars, some
multiple of that sum- redeemable in coin of the pres
eDt standard value 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 respect
i've Judgments of said court before provided, the
bonds of the United States mentioned in the act ap-
proved March third, eighteen hundred and seventy
three entitled San act for the creation of court for
the adjudication and disposition of certain moneys
received into the Treasury under award made by
trihunal of arbitration constituted BY virtue OF
the first article of the treaty concluded at Washing
ton the eighth of May ammo Domini eighteen hun.
dred and seventyone, 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 payments shall have
been made any such bonds remaining shall be also
Cancelled and extinguished and after the payment of
the said judgments, and the reimbursement of the
expenses as 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 authorized by this
this act, and of the expenses of the said court as
herenbefore mentioned are hereby appropriated out
any moneys in tie Treasury not otherwise appro-
priated.
SEC. 16. That as soon the business of said court
shall be executed and completed, the records, docu
ments and all other papers in the possession of the
court it's officers, shall be deposited in the office
of the Secretary of State.
SEC. II. In ascertaining the amount of such
losses, the memorials, affdavits, dispositions, and
any other papers in the several cases of losses claimed
respectively, nled In the State DepaI tine 1t, or
official copies thereof may be real in evidence Pro
Uided, That no affdavits shall be read except where
it appears the satisfaction of the tribunal that the
afiant cannot be produced before it a witness,
his testimony taken by commission upon lnterroga-
tories; and in the hearing OF the cause, any party
claiming shall produce all books papers, letters and
documents that may be called lor by a general des-
cription thereof by any opposing party, or salts
factorily account for their loss or nom produc-
ton, or suffer such judgment is prescribed
in section fifteen of the act entitled can act to
tablish the judicial courts OF the United States" APP
proved September twenty ninth, seventeen hundred
and eighty mine; and the hearing of the cause.
any competent evidence may be produced by either
party, either viva by deposition taken upon
interrogatories; and for this purpose dispositions
may be taken by either party de bene, the court
may admit atdavits where it is satisfactorily shown
that the witness cannot be produced or his eXamina
ton by interrogatories and cross examination can
not be had.
SEC. IS. That in case any judgment is rendered
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 counsel for the
such reasonable counsel and attorney fees to the
counsel and attorney employed by the claimant or
claimants respectively as the court shall determine
is just and reasonable, compensation for the
vices rendered the claimant in prosecuting such
claims, which allowance shall be entered as part of
the judgment in such case, and shall be made
specifically payable part of said judgment for
indemnitcation to the attorney counsel, both,
to whom the same shall he adjudged; and a
rant shall issue from the Treasury in favor of the
person to whom such allowance shall be made re-