Chapter 25. to provide for the ascertainment of claims of American citizens for spoliations committed by the French prior to the thirty-first day of July, eighteen hundred and one
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CHAP. 25.— An Act to provide for the ascertainment of claims of American citizens for spoliations committed by the French prior to the thirty-first day of July, eighteen hundred and one.Jan. 20, 1885. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,French spoliation claims.Claimants may apply by petition within two years. That such citizens of the United States, or their legal representatives, as had valid claims to indemnity upon the French Government arising out of illegal captures, detentions, seizures, condemnations, and confiscations prior to the ratification of the convention between the United States and the French Republic concluded on the thirtieth day of September, eighteen hundred, the ratifications of which were exchanged on the thirty-first day of July following, may apply by petition to the Court of Claims, within two years from the passage of this act, as hereinafter provided: *Provided*,*Proviso*.Certain classes of claims not included.
That the provisions of this act shall not extend to such claims as were embraced in the convention between the United States and the French Republic concluded on the thirtieth day of April, eighteen hundred and three; nor to such claims growing out of the acts of France as were allowed and paid, in whole or in part, under the provisions of the treaty between the United States and Spain concluded on the twenty-second day of February, eighteen hundred and nineteen; nor to such claims as were allowed, in whole or in part, under the provisions of the treaty between the United States and France concluded on the fourth day of July, eighteen hundred and thirty-one.
Sec. 2. That the court is hereby authorized to make all needful rules and regulations,Court to make needful rules. not contravening the laws of the land or the provisions of this act, for executing the provisions hereof. Sec. 3. That the court shall examine and determine the validity and amount,Court to determine as to validity, amount, ownership of claims, etc.Proviso as to testimony and law, and report of conclusions. of all the claims included within the description above mentioned, together with their present ownership, and, if by assignee, the date of the assignment, with the consideration paid therefor: *Provided*, That in the course of their proceedings they shall receive all suitable testimony on oath or affirmation, and all other proper evidence, historic and documentary, concerning the same; and they shall decide upon the validity of said claims according to the rules of law, municipal and international, and the treaties of the United States applicable to the same, and shall report all such conclusions of fact and law as in their judgment may affect the liability of the United States therefor.
Attorney General of the United States to be notified of all petitions presented, and resist claims by legal defenses. 284 FORTY-EIGHTH CONGRESS. Sess. II. Ch. 25, 26, 29. 1885. Sec. 4. That the court shall cause notice of all petitions presented under this act to be served on the Attorney-General of the United States, who shall be authorized, by himself or his assistant, to examine witnesses, to cause testimony to be taken, to have access to all testimony taken under this act, and to be beard by the court.
He shall resist ail claims presented under this act by all proper legal defenses. Sec. 5. That it shall be the duty of the Secretary of State to procure, as soon asSecretary of State to procure evidence and documents from abroad. possible after the passage of this act, through the American minister at Paris or otherwise, all such evidence and documents relating to the claims above mentioned as can be obtained from abroad; which,Record of proceedings and documents to be deposited in State Department. together with the like evidence and documents on file in the Department of State, or which may be filed in the Department, may be used before the court by the claimants interested therein, or by the United States, but the same shad not be removed from the files of the court; and after the hearings are closed the record of the proceedings of the court and the documents produced before them shall be deposited in the Department of State.
Sec. 6. That on the first Monday of December in each year the court shall report Court to report to Congress, but finding and report to be taken only as advisory.to Congress, for final action, the facts found by it, and its conclusions in all cases which it has disposed of and not previously reported. Such finding and report of the court shall be taken to be merely advisory Claims barred if not presented in two years.as to the law and facts found, and shall not conclude either the claimant or Congress; and all claims not finally presented to said court within the period of two years limited by this act shall be forever barred; and nothing in this act shall be construed as committing the United States to the payment of any such claims.
Approved, January 20th, 1885.