Page:United States Statutes at Large Volume 27.djvu/437

 FIFTY-SECOND CONGRESS. Sess. Il. Ch. 15. 1892. 41 I or compel the investigation of parties and witnesses," and that “ the authority for such an examination must proceed from Congress: " Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in further execution of the Benjamin wai. purpose of said act of June eighteenth, eighteen hundred and seventy- a fm? lggxijzwtgiqg eight, the Attorney-General of the United States be, aud he is hereby, tgegi in court of authorized and directed to bring a suit or suits, in the name of the °l$‘,§'{“g0 ,,_ 1,,, United States, in the Court of Claims, against Benjamin Weil, or his ' legal representatives or assigns, to determine whether the award made by the United States and Mexican Mixed Commission in respect to the claim of the said Benjamin Weil was obtained, as to the whole sum in- p.,¤.,,,,,,,,,,,,,,,, eluded therein or as to any part thereof, by fraud eifectuated by means 3;*;:;; b=w,·;dd*¤¤ of false swearing, or other false and fraudulent practices on the part of y ° ` said Benjamin Weil, or his agents, attorneys, or assigns; and, in case it be so determined, to bar and foreclose all claim in law or equity on the part of said Weil, his legal representatives or assigns, to the money, or any such part thereof, received irom the Republic of Mexico for or on account of such award; and any defendant to such suit not served with I1·>§iQ,¤=·§¤¤ of Mr process and who can not be found in the District of Columbia shall °°° ° °° °°°s' be notified and required to appear in such suit by such publication as the court may direct, in accordance with law, as applicable to cases in uity. — 0qSec. 2. That full jurisdiction is hereby conferred on the Court of Jurisdiction. Claims to hear and determine such suit, and to make all interlocutory and final decrees therein as the evidence may warrant, accordingto the principles of equity and justice, and to enforce the same by injunction or any proper iinal process, and in all respects to proceed in said can e according to law aud the rules of said court, so far as the same are applicable. And the Secretary of State shall certify to the said court nviams. 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 maybe offered by either party to said suit. Sec. 3. That an appeal from any final decision in such cause to the {Appeal m supmms 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 uud decide the same. Sec. 4. That in case it shall be finally adjudged in said cause either i}j¤i··{eiii<¤¤¤·>f=~-·¤r·i in the Court of Claims, or in the Supreme Court of the United States, °" "° “"d“'“°"°‘ that the award made by said Mixed Commission, so far as it relates to the claim of Benjamin Weil, was eifectuated by means of fraud, false swearing, or other false and fraudulent practices of said Benjamin Weil, or his assigns, or by their procurement, and that the said Weil, his 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 Benjamin Weil, his legal representatives or assigns, which such court shall decide that such persons are not entitled, in justice and equity, to receive out of said fund. Sec. 5. That during the pendency of said suit and until the same is rsymacs to claimdecided it shall not be lawful for the Secretary of State to make any §}‘§“,,§'}‘§,‘§,‘§.{’,{’,§L}i°“°’ further payments out of said fund, on account of said award, to Benjamin lVeil, or his legal representatives, attorneys, or assigns; and in case it shall be dually adjudged in said cause either in the Court of Claims or in the Supreme Court of the United States that the award m*;Q,';_';°¤“ if Mm made by said Mixed Commission, so far as it relates to the claim of ‘