Page:United States Statutes at Large Volume 41 Part 1.djvu/547

 526 SIXTY—SIXTH CONGRESS. Srss. II. Ch. 95. 1920. mencement of the action herein rovided for, a libel in personani may be brought ainst the United States or against such corporation, as the case mayie, plrovided that such vessel is employed as a merchant "°¤“° °‘°°“°’* vessel or is a tug oat operated b such corporation. Such suitsshall be brou ht in the district court ofy the United States for the d1St1'lCb. in which the parties so suing, or any of them, reside or have their principal place of business in the United States, or m which the vessel_ or S°"‘°°·°‘°· cargo charged with liability is found. The hbelant shall forthwith serve a copy of his libel on the United States attorney for such district and mail a cop thereof by registered mail to the Attorney General of the United? States, and shall file a sworn return of sue A•1¤i¤¤i¤¤ of we- service and mailing. Such service and mailing shall constitute valid Id§1l£°¤ai!st::l§,°i]€e. by service on the United States and such corporation. In case the United States or such corporation shall file a hbel in rem or in personam in an district a cross—l1bel in personam may be tiled or a set-off claimed, against the United States or such corporation with the same force and effect as if the libel had been fled by a priyate party. '”°°"°'°""'*°°°· Upon application of either party the cause may, m the discretion of ghe court, be transferred to any other district court of the United tates.
 * wm°°§li$€¤¤ °L]n-nig? Sec. 3. That such suits shall proceed and shall be heard and determined accordigg to the principles of law and to the rules of practice obtarning in e cases etween_pr1vate parties. A decree against

the United States or such corporation may mclude costs of suit, and when the decree is for a. money judgment, interest at the rate of 41per centum per annum until satisfied, or at any higher rate which shal be stipulated in any contract upon which such decree shall be based. In- _ _ appeal and revision as now provided in other cases of admiralty and m;;,§}g“Si,§_ieg§_'°“ " maritime jurisdiction. If the lrbelantso elects rn his hbel the su1t may proceed in accordance with the (principles of libels in rem wherever it shall Gaippear that had the vess or cargo been privately owned and possess a hbel m rem might have been mamtamed. lection so to _ proceed shall not preclude e lrbelant in any pro er case from seeking M "°°d “"¥“*·'°"· relief m personam m the same suit. Neit er tli)e United States nor Cmmmon 0, M_ such corporation shall be required to give ang bond or admiralty mermnas. stipulation on any proceeding brought ereun er. Any such bond or stipulation heretofore given in admiralty causes bg the United States, the United States hipging Board, or the Unite States Shi ping Board Emergency Fleet orporation, shall become void and ge surrendered and canoe ed upon the filin of a su estion by the Attorney General or other duly authorizeg law ofiiger that the United ’ ` decree included within said bond or stipuletion, and_thereafter any _ _ such decree shall be paid as provided in section 8 of this Act. m§§;“*° G‘§,°$§°,L’m§’,§; Sr:c._4. That if a private y owned_vessel not in the possession of ¤¤g¤5<¤8£M ew U W the United States or of such corporation IS arrested or attached upon ae¤ea_¤»E¤m§s me any cause of action_aris1ng or alleged to have arisen from previous }g§,§{“““K"‘°*’°'””" possession, ownership, or operation of such vessel by the United tates or by suoh corporation, such vessel shall be released without bond or stipulation therefoglvgon the suggestion b the United States, ,  its Attorney Gen or other duly authorized law officer, b,,}§§‘fm"“°" °' "°’ that it rsinterested m such oause, desires such release, and assumes the liability for the satisfaction of any decree obtained by the libelant in such cause, and thereafter such cause shall {proceed against the mm United States in aecordance with the provisions o this Act. ““‘° "°‘“"m· Sec. 5. That suits as herem authorized may be brought only on causes of action ar1sing_s1nce April 6, 1917,_provided that suits based on causes of action arising prior to the taking effect of this Act shall
 * PP°“'·°*°··"·“°"°"· terest shall rim as ordered by the court. Decrees shall be subject to
 * ‘;’”;°;2;’ "°°"°°· States is interested in such cause, and assumes liability to satisfy any