FORTY-THIRD CONGRESS. Sess. I. C11. 459. 1874. 249 tioncd in the act approved March third, eighteen hundred and seventy - three,_ent1tled "An act for the creation of n. court for the adjudication l$73» ¤i··261» WL and disposition of certain moneys received into the Trezisury under an ““· Pr 601* award rnude by the tribunal of arbrtration constituted by virtue of the. first article oi the treaty concluded at Wushingtonthe eighth of May, v¤1.xv11,p. 813. anno Domini eighteen hundred and seventy-one, between the·United States of Annemca and the Queen of Great Britain", shall be canceled comm xmas to and extinguished to the amount of such payments; and when all such be <>¤·¤¤é1¤d Md <>X· payments shall have been made, any such bonds remaining shall be “"$“i“h°d· also canceled and extinguished; and after the payment of the said yudgments, and the reimbursement of the expenses as herein provided, B I . it there shall remain any part of the said money the same shall be and in "$§.’ pQ‘;°,°}QQf,‘{ remain a iund from which Congress may hereattcr authorize the pay- erlgudgnisntssndrement of other claims thereon. And the moneys necessary for the pay. imbnrsement of exmeut of the salaries of the judges and other officers authorized by this Pf’"““ *° °°““m“*° act, and of the expenses of the said court as hereinbefore mentioned, ° 2;1°k,f,Z,°§;,u°u ,-,,1. are hereby appropriated out of any moneys in the Treasury not other- salaries and sqm. wise appropriated. r sep. Snczuort 16. That as soon as the business of said court shall be exe- Records or court cuted and completed, the records, documents, and all other papers in to be <i¤1><>¤i¤¤d i¤ the possession of the court, or its officers, shall be deposited in the gg? °‘~ S°°’°"‘“`Y °f ofiice of the Secretary of State. · . °' -S1ccr10N 17. In ascertaining the amount of such losses, the memo- what papers may rials, affidavits, depositions, and any other papers in the several cases of P<> fm in ¤Vi<l9¤¢¤ losses claimed respectively, now tiled in the State Department, or oth- “‘ ““PP°'° °f°l°‘“’“· cial copies thereot,_may be read in evidence: Provided, That no a$da- P¤>Vi¤<>· vit shall be read except where it appears to the satisfaction of the tri- · bunal that the ailiunt cannot be produced before it as awitness or his Production or testimony taken by a commission upon interrogatories; and in the b•><>k¤ Mid 1>¤·1>¢l‘¤· hearing 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 account for their loss or non·procluction, or suffer such judgment as is prescribed in section fifteen of the not entitled “An act to establish the judicial courts of the _ 1789, ch-. 20, vol. United —States" approved September twenty-ninth, seventecnlinndred '» gis? M f- . and eighty-nine ; and on the hearing of the cause, any competent evi- dmc: lg; Ti'}, fyi.- dence may be produced by either. party, either viva voce or by dep0si— pnrtyon the hearing tion taken upon interrogatories; and for this purpose depositions may of ¤ cause; be taken by either party de bene, or the court may admit nilidavits m£,‘$j:‘°”“ ‘*“d where it is satisfactorily shown that the witness cannot be produced or ' his examination by interrogatories and cross examination cannot be had. SECTION 18. That in case anyjudgment is rendered by said court for t0A;f3K*;;‘{‘? ;fd’"°;; indemnity for any loss or claim hereinbefore mentioned against the tcm,,,, of ,,mmm,,_ 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 reasonable counsel and attor- _ ney tees to the counsel and attorney employed_by the claimant or claimants respectively as the court shall determinens Just and reasonable, as e compensation for the services rendered the claimant in prosecuting such claims, whiclrnllowanoe shall be entered as part of the gudgrnent in arf? *’3?f<?:d¤§ such case, and shall be made specifically payable as a part of said _;udg· {mm, M_ ·‘ K ment for indemnification to the attorney or counsel, or both, to whom the same shall be adjudged; and a warrant shall issue from the Treasury Warrant for aniu favor of the person to whom such allowance shall be made respect- *E;*¤“°·* ively, which shall be in full compensation to the counsel or attorney for To be (gompemh prosecuting such claim; and all other liens upon,_or assignments, sales, not infullfor pmu. transfers, either absolute or conditional for services rendered or to be mms;] {cnc. rendered about any claim or part or parcel thereof provided for in;tb1s siézmzlngl EES, bill heretofore or hereafter made or done before such judgment is services tg be ,;;,,d_ awarded and the warrant issued therefor, shall be absolutely null wd · — void and of none efect. · Approved, June 23, 1874;
