Page:United States Statutes at Large Volume 27.djvu/436

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410 rmrr-sncosn cosennss. Sess. II. cn. 14, 15. 1892. J*¤’*¤d*°**°¤— Sec. 2. That full jurisdiction is hereby conferred on the Court of Claims to hear and determine such suit and to make all interlocutory and final decrees therein, as the evidence may warrant, according to the principles of equity and justice, and to enforce the same by injunction or any proper final process, and in all respects to proceed in said cause according to law and the rules of said court, so far as the same are E'¤°¤*· applicable. And the Secretary of State shall certify to the said court copies of all proofs admitted by the said Mixed Commission on the original trial of said claim, and the said court shall receive and consider the same in connection with such competent evidence as may be offered by either party to said suit. my *0 S¤P¤>¤¤ Sec. 3. That an appeal from any iinal decision in such cause to the Supreme Court of the United States may be taken by either party within ninety days from the rendition of such final decree, under the rules of practice which govern appeals from said court; and the Supreme Court of the United States is hereby authorized to take jurisdiction thereof and decide the same. MERWW Sm:. 4. That in case it shall be iinally adjudged in said cause that ` the award made by said Mixed Commission, so far as it relates to the claim of La Abra Silver Mining Company, was obtained through fraud eifectuated by means of false swearing, or other false and fraudulent practices of said company or its assigns, or by their procurement, ·and that the said La Abra Silver Mining Company, its legal representatives or assigns, be barred and foreclosed of all claim to the money or any part thereof so paid by the Republic of Mexico for or on account of such award, the President of the United States is hereby authorized to return to said Government any money paid by the Government of Mexico on account of said award, remaining in the custody of the United States, that has not been heretofore distributed to said La Abra Mining Company or its successors and assigns, which such court shall decide that guchd xrsons are not entitled, in justice and equity, to receive out o said nd. "*'“"“'* *° °““'"· Sec. 5. That during the pendency of said suit and until the same is

$`§¤1m°w decided, it shall not be lawful for the Secretary of State to make any

‘ further payments out of said fund, on account of said award, to La Abra Silver Mining Company, or its legal representatives, attorneys, or ·u¥;·:$¤¤* if ¤N¤¤ assigns; and in case it shall be finally adjudged in said cause either in ' the Court of Claims or in the Su reme Court of the United States that the award made by said Mixed Commission, so far as it relates to the claim of La Abra Silver Mining Company, or any definable and severable part thereof, was not obtained through fraud as aforesaid, then the Secretary of State shall proceed to distribute so much of the said award as shall be found not so obtained through fraud, or the proceeds thereof remaining for distribution, if any, to the persons entitled thereto. Approved, December 28, 1892. D•>·‘¤¤¤b•>¤’ 2* ISM CHAP. 15.-An act to amend and enlarge the act approved June eighteenth, "`—""`_"`—" eighteen hundred and seventy-eight, entitled "An act to provide for the distribution of the awards made under the convention between the United States of America Ed gllgyltgpgliilic of Mexico, concluded on the fourth day of July, eighteen hundred P¤¤·¤M•· Whereas the Secretary of State, after investigating the charge of fraud presented by the Mexican Government as to the case of Benjamin Weil, has heretofore reported that the “ honor of the United States requires " that said case “ should be further investigated by the United States, to ascertain whether this Government has been made the means of enforcing upon a friendly power claims of our citizens based upon or exaggerated by fraud," but that “ the Executive Government is not furnished with the means of instituting and pursuing methods of investigation which can coerce the production of evidence