Page:United States Statutes at Large Volume 54 Part 1.djvu/422

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[54 STAT. PUBLIC LAWS-CH. 358 -JUNE 13, 1940 the limitations hereinafter contained in this section, of damages for injuries to vessels, or to the cargo, crew, or passengers of vessels, which may arise: From passage "(a) By reason of the passage of such vessels through the locks of the canal under the control of officers or employees of the Panama Porgiese. Canal: Provided, however, That no such damages shall be paid in etc.g l genovs any case wherein the Governor shall find that the injury was proxi- mately caused by the negligence or fault of the vessel, master, crew, Contributory negli- or passengers: And provided further, That in any case wherein the Governor shall find that the negligence or fault of the vessel, master, crew, or passengers proximately contributed to the injury, he shall diminish the award of damages in proportion to the negligence or fault, as determined by him, attributable to the said vessel, master, crew, or passengers. From presence in "(b) By reason of the presence of such vessels in the waters of the Cansl Zone waters. Canal Zone, other than the locks, when the Governor shall find that the injury was proximately caused by negligence or fault on the part of any officer or employee of the Panama Canal acting within the scope of his employment and in the line of his duties in connec- Cntributory negli- tion with the operation of the canal: Provided, however, That when genceofvessel,etc. the Governor shall further find that the negligence or fault of the vessel, master crew} or passengers proximately contributed to the injury, he shall dimmish the award of damages in proportion to the negligence or fault, as determined by him, attributable to the said Panama analpilot. vessel, master, crew, or passengers: And provided further, That, in the case of any vessel which is required by or pursuant to regulations heretofore or hereafter prescribed under section 9 of this title to have a Panama Canal pilot on duty aboard, no damages shall be adjusted and paid for injuries to any such vessel, or to the cargo or passengers of any such vessel, incurred while the vessel is under way and in motion, unless at the time such injuries are incurred the navigation or movement of the vessel is under the control of a Panama Canal pilot. Adjustmentof danm "The amounts of the respective awards of damages, under this ages. section and the regulations authorized herein, may be adjusted, fixed, and determined by the Governor by mutual agreement, compromise, or otherwise, and such amounts shall be payable promptly out of any moneys appropriated or allotted for the maintenance and opera- Acreptance of tion of the Panama Canal, and acceptance by any claimant of the amount awarded to him shall be deemed to be in full settlement Pubmis'ion o oer- f such claim against the Government of the United States: Pro- tain claims to Con- vided, however, That the Governor shall not adjust and pay any gIre s & claim for damages for injuries arising by reason of the presence of a vessel in the waters of the Canal Zone, other than the locks, where the amount of the claim exceeds $60,000, but shall submit the same to the Congress by a special report containing the material facts and his recommendations thereon. clatimaontbagbein "With respect to any claim for damages for injuries arising by District Cort. reason of the passage of any vessel through the locks of the canal, as hereinbefore provided, any claimant for damages who considers him- self aggrieved by the findings, determination, or award of the Gov- ernor, in reference to his claim, may bring an action on such claim against the Panama Canal in the United States District Court for the District of the Canal Zone; and in any such action the provisions of this section, and of the regulations of the President authorized under section 9 of this title, applicable to the determination, adjust- ment, and payment of such claims for damages, by the Governor, Payment of judg- shall be applicable, and any judgment obtained against the Panama Canal shall be paid promptly out of any moneys appropriated or