Page:United States Statutes at Large Volume 33 Part 1.djvu/897

 BIO FIFFY-EIGHTH CONGRESS. Sess. III. Ch. 777. 1905. Ito ad- FOR REFERENCE TO COURT OF ADMIRALTY. Schooner ··m1¤ rr. That the claims of the owners, master, and crew of the schooner wm, M_ Ella M. Doughty, of Portland, Maine, for damages and losses sustained Me ¤};ir> "M¤·¤¤¤1¤¤- by reason of collision of the United States battle ship Massachusetts °°m with said schooner off South Shoal light-ship on or about the twenty- seventh day of June, anno Domini nineteen hundred and one, be, and the same are hereby, referred for examination and adjudication to the district court of the United States for the district of Maine; that said parties, or such of them as shall choose to join therein, may, at any time within twelve months from the final passage of this Act, file in said court a petition, which thereafter may be amended at the discretion of the court in the same way that other pleadings in said court are amendable, which petition shall set forth all the material facts upon which the said parties jointl r or severally rely in support of their said claims; and the court shally thereupon order such notice to be given to the United States, or to its representatives, and such further 2 proceedings to be had as to answers or other pleadings in said case as Tm'- it shall deem pro r; that in regard to the trial or hearing of said cause the same rulgs and modes of proceedings as to evidence, mode of trial, liability for damage, and measurement of damages, and otherwise, including the right of appeal, shall apply as in other causes of between individual owners of co liding vessels, and shall also be etermined u on such legal or equitable principles as shall be cram not mma a licable thereto; that said claims shall not be barred by any statute {f,Q,,,°?'°°°° °f umm" ollliimitations; and should it on the said trial or final hearing be deter- ·'¤dK¤¤°¤*- mined that anything is due to the said parties, the said court shall render judgment therefor against the United States for the amounts so found to be due to them jointly O1' severally and certify the same P*>‘¤¤°¤*· to the Secretary of the Treasury of the United States for payment; and the sum necessary to pay the same is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. B'gg,QiQ,Q;°'§,j¤,y<é*‘{j;; That the claims of the owners and officers oi) the brig Olive Frances, b¤•z··rvm¤¤¤u.·· of Machiasport, Maine, and others on board said brig, for· damages and losses sustained by reason of collision of the United States gunboat Winooski with said brig, on July thirtieth, anno Domini eighteen hundred and sixty-six, be, and the same are hereby, referred for examination and adjudication to the district court of the United States for the district of Maine; that said parties, or such of thenr as shall choose to join therein, may, at any time within twelve months from the final passage of this Act, tile in said court a petition, which thereafter may be amended at the discretion of the court in the same way that other lpleadings in said court are amendable, which petition shall set forth a the material facts upon which the said partres `ointly or severally rely in suppor·t of their said claims; and the court shall thereupon order such notice to be given to the United States, or to its representatives, and such further proceedings to be had as to answers or rmi other pleadings in said case as it shall deem proper; that in regard to the trial or hearing of said cause the same rules and modes of proceedings as to evidence, mode of trial, liability for damage, and measurement of damages, and otherwise, including the right of appeal, shall apply as in other causes of admiralty between individual owners of colliding vessels., and shall also be determined upon such legal or e nitbycgixgstengy  able principles as shall be applicable thereto; that said claims shall not ness. be barred by any statute of limitations; and should it on the said trial ’“"g'“°°‘· or- final hearing be determined that anything is due to the said parties, the said court shall render j udgmeut therefor against the United States for the amounts so found to be due to them jointlv or severallv and certify the SHIRE to the Secretary of the Treasury of the United