74TH CONGRESS. SESS. II. CH. 872. JUNE 29, 1936. 2369 and adjudicate claims against the United States on the part of own- ers of certain Finnish sailing vessels, to wit: Glenard, Kensington, Vidylia, Parchim, Woodburn, Port Patrick, Grace Harwar, Professor Koch, Prompt, Albyn, Rowena, Fahrwohl, and Pampa, for damages said to have been sustained as a result of the alleged refusal of representatives of the United States to permit said vessels to sail from United States ports during the periOd between March 18, 1918, and November 26, 1918: Provided, That such suit or suits shall be ~=encement r brought within three months after the date of the approval of this suit. 0 Act. SEC. 2. In determining the said claims, the Court of Claims shall rn~:,t101ll! to be deter- pass solely on the following questions: . 1. Were the thirteen Finnish sailing vessels named herein, or any one or more of them, detained by the United States' 2. If the preceding question is answered in the affirmative, was such detention unlawful ~ 3. If the second question is answered in the affirmative, is the United States obligated to indemnify the owner or owners, or their successors in interest, of the vessel or vessels found to have been unlawfully detained ~ 4. If the third question is answered in the affirmative, what indem- nity should be paId by the United States with respect to each vessel found to have been unlawfully detained ~ SEC. 3. The claims shall be prosecuted in the name of the owner Prceecutionofc1aims. or owners or mana~ng owner or owners of the said several ships. If the Court of Claims, or the Supreme Court on appeal, decides .Payment of indem· that the United States is obligated to indemnify the owner or owners, OIty. or their successors in interest, the amount of the indemnity shall be paid by the United States to the Envoy Extraordinary and Minis- ter Plempotentiary of the RepUblic of Finland then resident in the United States, for the use and benefit of the owner, owners, or their successors. SEC. 4 . In determining the aforesaid claims, the Court of Claims m~n~i~~nce. argu· shall receive and consider the evidence and arguments contained in .. (a) the record mentioned in the note of the Minister of Finland to the Secretary of State, dated February 1, 1935; (b) the answer mentioned in the note of the Secretary of State to the Minister of Finland, dated March 4, 1935; and (c) the reply and additional material mentioned in the note of the Minister of Finland to the Secretary of State, dated April 12, 1935, relating to said claims. Neither party shall be entitled as of right to present as evidence Restriction. documents other than those specified herem, except copies of other correspondence pertinent to the case exchanged between the Depart- ment of State and the Legation of Finland: Provided, That the i'd~onal evidence. court shall be authorized to require the production of such additional evidence as the court deems material. SEC. 5. A copy of the petition or petitions of the owner or owners d t.~tgrney General to of each of the said sailing vessels shall be served upon the Attorney e e . General of the United States and he, or some attorney or attorneys designated by him, shall appear and defend the interests of the United States in such case or cases. Jurisdiction is hereby conferred Review by Supreme on the Supreme Court to grant a writ of certiorari to the Court Court. of Cla~ms on the petition ~f any party to any of the aforesaid cases, to reVIew any determinatIOn that may be rendered by the Court of Claims under the terms of this Act. Approved. June 29, 1936.
Page:United States Statutes at Large Volume 49 Part 2.djvu/353
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