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Congressional Record-House. Ootobeh 24 CONGRESSIONAL RECORD-HOUSE. OOTOBEH 24, jection but thlnks that the lJill ougllt to pass. It is a very !o· arrange with any b~nk. - su~etT . company, perSQil, fum, or eorpornti<ln urgent matter, and I hope H may be pa E'Cd-. I think the1·e will ID tbe United States, Its terntortes and possessions, -or in any foreign co~ntry, to execute any such aforesaid lJond or stipulation us surt.t.Y or be no objection to it. ~tipulat;or ~eon, and to pledge the .credit of the United Sta:t<'s to the There being no objection, the bill was con:::;illerro a in Com­ mdemnificatwn .of such surety or . tipulator as ~a_y be ratuired to se4 eure th~ execution of snch. bond or stipuJatlon. TllP. pt·esentatlou of a mittee of the Whole, and was rca<l, as follows: copy or. tlte judgm!"nt roll m any · cch smt, certified by t.be ele.rll: o! the , Be it enacted, cte., That the Unite<l Stutes, and any corporation in eourt and .au_thentJcated by the certlfkate :wd seal of the United States whkh the United States owns not less than a majorit"y of the capital c~msul claimiD~ such vessel or cargo, or Ws successor, and by the cer­ t!tock, may be sued in per::.onam in the district courts. of the United tificate of the ecre~ry of St·ate as to the otlicial capacity of such con· States, in ndmir 1ty, tor any cause of actlon of which said courts ordi­ S!Jl! shall !Je sufficient evidence to the proper accounting officers of the narily have cognizance in their admiralty and maritime jurisdictions, li.mt~>d State for the allowance and payment ol sueh judgment: P.,·o· arising, since April 6, 1917, out of, or in connection with, the possessionl ..:ided_, how~er. Tlmt where the status of any vessel witMu the purview operation, or ownen;hip by t11e 1Jnited State , or such corporation, or ()f th1s section so. n-arrants1 nothi!lg in this act .sllall be held to prejudice auy merchant vessel, or the pos ession, carriage, or owne1·sbip by the oy prechtde a cla1m of the Irumumty of sucb -ves e,J ft·om foreign jurisdic· United States, or such corporat:Jon, of any cargo, in tho e eases wllere, lion, or prev<;n; a settl';~ent .of the ease tbrongh !liPlomatic negotiations. if the Unjted States were suable as a private party a suit In per-onam S~c. 10. '!hat any unal JUdgment rendered m any suit herein au­ could be maintained, or where, if the ~es el or cargo were peivately tho n~ed, and any final j!Jdgll!ent within the purview of sections 5 and 9 owned or po seJ sed, a suit in rem could be maintained and the vessel or of th1s act, and any arbJtl'ntion award or settlement ba~ and agreE'd to cargo could be arre ted or attached at the time of the ~mmen cement .of ~nder the provisions of. section 11 of this act, shall, upon the presenta· suit. Any .snch suit shall be bron.~bt in the district court of the United t;ou ~f a duly authentica~ed copy tbP.reof, be paid by the proper ac­ .States for the district in which we parties so sujng, or any of th611, counting officers of the Umted States out of any appropriation or tnsur· reside or have their principal _pla.ce of business in the United Stutes, or ~nee fund or oth~r fund especially llvai.lable -therefor: otherwise there 1n which the ves el or <'argo charged with liability is found, or in the 1s he~by appropJ wted, out of any money in the 'l'r~asury of the United district in or nearest whlch the eause of action arises, or in :my distri~t f?tates not othPrw1se apprQpriated, a sum sufficient to ;f)ay any .sueh ln which the Attorney General, or other duly authorized 1aw officer, JUdgment~ oT nwat·d, or settlement.. may agree to appear. In -case the United States, or snch eorpol'ation, SEc. 11. That the Secretary of any d~ment of the Government ..ot shall file a libel in rem, or in personam, in .allY district a cross libel the United States, or the Umted States .Sblppmg Board. or the board· of. in personam may be filed, or a setroff claimed against the Unt1:Pd States, trustees ~f such :lfor£>said corporation, having cont.rol of the possession. or such corporation, wjth the same force and effect as if the libel bad been or ope,ratwn of any merchant vessel, are, and earh hereby is authorized filed by a private party. Su{:h district court is hereby authorized to to arbitrate. compromise, or settle :.my elalm .in whlcb suit'wUI lie un· hear and determine any such suit upon the p:rinciples of liability, and der the p1·ovision11 of 6ectinRS 1, 5, 9, and 12 of this act. in accordance with the practice, obtaining in like cases between private SEc. 12. That the Uni~d States, and thi' crf'w of any merchant .-es· parties in sults in adnnralty, and_, in a proper case, to enter a dee1·ee sel owned -o1· operated by the United .StatE-S. shaU have the right to for or against thf' United States, or such corporation, with costs, and collect :md suP for AA.t:va,ge servlees .r£'DdPn>d by sucb vessel ana crew, if for a money judgment, together w1th interest at the rate of 4 ver :md sny moneys recovered therefrom by the United States for its own cent per annum until paid, unless the suit involv('s a e.ontract stipulatin.a benefit, and not for the benefit of the crew, shall be covered into the a higher ratP of interest. ln which event interest shall be allowed i~ United States Treasury to the credit of the department o·t the Govern· accordance with the contract, and all interest shall run as .ordered by ment of the Vn1te9 Statt>s, o~ of the. UnitPd States Shlpptng &ard, the court. Appeal from the deeree of the district court in any case or of sueb aforf>Bald corporation, havmg · control o1 tbe pm;; ·e.sslon or ·brought under this ad shBll lie to the Circnit Conrt of Appeals :and to operation of such vessel. the Supreme Court, and tbe decision of the Circuit Court of Appeals SEc. 13. 'rhat aU moneys recovet'ed in any suit broilgbt by the United shall lJe reviewable by the Supreme Court, as now provided i.n .other States on any cause -of action ari -:n.t: o~t .ot, -or iD conn-ecti-on with, tile cases of admiralty and maritime jurisdiction. p.oSS>ession. opemtion, or >Ownership ot- any merclHlnt vessel. o1· tile SEc. 2. That no suit in rem shall be brought against, nor any warrant ~,ssession, carriage. or own rsbip of any ca~Q, shall oo covered into of arrest or attachment levied upon, any vessel owned or operated by, the Umted ~tates Treasury to the credit of tbe department of the Gov­ or demised to, or in the possession of, th~ United States, or such afore. ernment of the Unitt'd States. Clr .of tbe United States Shipping Bo::u:d, .said corpoJ.:ation. nor against nor upon any -cargo owned and 1n the o1· o! sucb aforesaid corporation, having control .()'f tbe .,.{"~ or ea.rgo possession of the United States, or ot such eorporatlon, but any suit with res[>1?ct to wbich sut:h cause of aetion· arises, fot• reimbursement brought hereunder shall, it the libelant so elects In his libel, proceed of the appropriation, or insurance fund, or other .fnnds, from which in accorrlance with the principles of suits in rem in all eases wbeNin the loss, damage, or compensation !or whidl said judgmeut WAS re­ maritime ~i~ns exist and where, if the ves.scl or carg.o with respect to . covered bas been or will be paid. which the action arises were privately owned and pos-sessed a i!U.it in SBc. 14. 1-'hat the Attorney Ge.nera1 6ball re.port to the Congress at rem could be maintained and the vessel or cargo arrested or attached eacb ses..,ion thereof the ·uits und(>l" this aet iu whicll tin:a:J judgments .at the time of the commencement of 811it; but election .to proceed as shall have been rende-red ag!linst the UnitE>d States and sueb afore aid aforesaid as in rem shall not preclude the _libelant in a prQper case from rorporatfon, lllld tbe 8£'~r~t:ary of an1 -ae.partment of tbe -Gov-ernment Jllso seeking relief in personam in the .same suit. of the Unit~d States, and the ·umted States Sblpping Board, and the SEc. 3. That the United States, and such atoresaid cOJ'l)oratlon, shall board of ~rustees of any such afO'resaid corporation, shall Ukewise re­ be entitled to the benefits of all exemptions fr.om, and an limitatfong port the arbitration awards or settlements ~f ciaims whieh ilhall llave of, liabillt:y accorded by t.h.e statutes of ,tht> UniWd States, nnd of the been agr~ed to slnee the pl'eviouf! session, and ln which the time to ap- several States and Terrltones, and by the maritime law, to the owners, peal shalJ have expired or have be(ln waived. cbarterers, operators, and a~ents of vessels.
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