Page:United States Statutes at Large Volume 22.djvu/829

 802 FORTY-SEVENTH CONGRESS. Sess. II. C11. 106. 1883. Mar. 3, 1883. CHAP. 106. —An act for the relief of certain owners of the Steamer Jackson, Shame, J,ck_ Whereas, the United States, on the eighteenth day of June, eighteen son, destr<;_yed,etc. hundred and sixty five, chartered the steamboat Jackson to run on the Relief <> ¤¤¤¤i¤ Chattahoochee River in the service of the United States, and while so °‘;,':_‘;‘;!:§° employed it was wholly destroyed by tire caused by unavoidable acci- ' dent; and Whereas the Secretary of the Treasury, on the application of Aaron Barnett and Daniel Fry for payment to them, as alleged owners of said _ steamboat, of the value of the same, adjudged and decided “that the Steamer Jackson was lost by unavoidable accident while in the military service of the United States by contract, and that the owners thereof were entitled to the payment of the value thereof under acts of March tihirél, eighteen hundred a15d forty nine, and March third, eighteen hunre and sixty three"; an Whereas the value of said Steamer was duly ascertained by the Treasury Department to be thirty six thousand one hundred and twenty five dollars, which was paid to the said Barnett and Fry, on the execution of the bond of said Barnett as principal and Louis G. Schiffer and Gabriel H. Schiifer as sureties, in the sum of twenty six thousand dollars, payable to the United States, and *‘conditioned that if the above phoupdendopligoiip their heirs, executors, administraitors, or any of them, a an r o we and truly pay or cause to be pai unto any person or persons who shall establish a valid claim to any of the live fourteenths of the steamer Jackson the full amounts as paid by the United States to the said Barnett and Fry, or shall pay or cause to be paid unto the • United States, or their assigns, the full amounts paid by the United States on account of said live fourteenths of the said steamer Jackson, with the legal costs and interest on such sum, without any defalcation or delay, then the said bond to be void" and so forth; and Whereas John B. Ely, John B. Lockey, A B. Godwin, S. and J. Irwin, Thomas M. White, surviving partner of T, and J. M, White, and Elhson and lilughs, partners or _]oint_owners, claim that  are the owners of said five fourteenths of said steamer Jackson, in dniferent number of shares, and entitled to their pro rata share of said thirty six thousand one hundred and twenty five dollars, amounting to twelve thousand nine hundred and one dollars and seventy eight cents, and have demanded payment of the same from the United States; and Whereas Barnett and Fry deny the ownership of said claimants of sand live fourteenths, and also claim that they-(Barnett and Fry) have made payments and advances of large sums of money for and on account of repairs and materials for repairs of said steamer Jackson, which they are entitled to have deducted from any sum for which they may be liable on said bond, or on account of said payment to them of the said twelve thousand nine hundred and one dollars and seventy — eight cents; Therefore for the purpose of having the real owners of said five fourteenths of said steamer Jackson legally ascertained, and to enable the said Barnett and Fry, in the event that said claimants, or any of them, shall establish their right to said five fourteenths or any part thereof, to show by legal proof what, if any, advances or payments they, or_e1ther of them, have made for and on account of any repairs of the said steamer, and legally chargeable against all the owners thereof thsgéd az, 1; Mgt www {ry the innate and Hosozehof gprmaimm gi mj gnitgl o o mmvain ongrocaaeaem atJonR. on.
 * t‘I‘é'j£:sf:°E;°3 Lockey, A. B. Godwin, S,_a¤d J . Irwin partners or {joint owners, and

hav, jmgdmion, Thomas M. White, surviving partner of T and J. M. Vhite, and Ellison ere. and Hughs partners or Joint owners, be, and they are hereby authorized within six_months and not thereafter after the passage of this act to bring suit nn their joint names in the Court of Claims against the United Sti?¢;s,lpnd tha: dsa1d Courtthof Claims; sthlall have jurisdiction of sm o earan e e esame epurposesaforesai an o try all issues joined between the parties thereto in relation to thdd owner-