Page:United States Statutes at Large Volume 56 Part 1.djvu/1088

 PUBLIC LAWS-CH. 766-DEC. 18, 1942 accepted as final and binding, or whether a petition for review will Award. be filed as provided in subsection (c). If the claimant fails to so notify the Commission in writing-within such period, or if the Com- mission is notified within such period of the final acceptance of such appraisal, it shall, at the expiration of such period, enter an award on the basis of such appraisal and certify such award to the Secre- tary of the Treasury. PTimetliitew. (C) In any case in which the Commission is so notified in writing that a petition for review will be filed, the Commission shall pre- scribe a reasonable period, which may be extended in the discretion of the Commission, within which such petition, together with written legal contentions in support thereof, shall be filed. If no petition for review is filed within the period or any extension thereof pre- scribed by the Commission, it shall enter an award on the basis of the appraisal in such case and certify such award to the Secretary of the Treasury. Basis for decision (d) In any case in which a petition for review is filed within the period prescribed in subsection (c), the Commission shall, if it de- termines to review such case, decide the case upon the basis of (1) the record before the Commissioner at the time his appraisal in such case was made, and (2) the written legal contentions filed with such Additional evi- petition or in connection therewith: Provided, That the Commission denoe. may, in its discretion, receive and consider additional evidence with respect to any claim in which it is established to the satisfaction of the Commission that it was impossible for either the claimant or his attorney, despite the exercise of due diligence, to obtain and file such evidence within any period prescribed for such filing by or in accord- ance with the applicable agreements between the Government of the United States and the Government of Mexico, or by or in accordance with the applicable rules adopted pursuant to such agreements. Applicability ofeer- SEC. 5. (a) All claims decided by the Commission shall be decided in accordance with the applicable provisions of the Convention of 4 Stat. 1730, 1722 September 8, 1923, the Convention of September 10, 1923, or the Agrarian Claims Agreement of 1938, as the case may be; and all claims decided by the Commission which are not within the purview of either of such Conventions or such Agreement shall be decided in accordance with the applicable principles of international law, justice, and equity. MOtroyevot;e eot (b) Each decision by the Commission pursuant to this Act shall be by majority Vote, shall state the reasons for such decision, and shall constitute a full and final disposition of the case in which the decision is rendered. Attoneys' fes. (c) In connection with any claim decided by the Commission pur- suant to this Act in which an award is made, the Commission may, upon the written request of the claimant or any attorney heretofore or hereafter employed by such claimant, determine and apportion the just and reasonable attorneys' fees for services rendered with respect to such claim, but the total amount of the fees so determined in any case shall not exceed 10 per centum of the amount of the award, unless in special circumstances the Commission shall find that a larger fee is just and reasonable. Any fees so determined shall be entered as a part of such award, and payment thereof shall be made by the Secre- Pndty. tary of the Treasury. Any person who accepts any compensation for services rendered with respect to such claim which, when added to any amount previously received on account of such services, will exceed the amount of fees so determined by the Commission, shall, upon conviction thereof, be fined not more than $1,000. 1060 [56 STAT.

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