Chapter 39. For the relief of the owners of the steam lighter Climax and the cargo laden aboard thereof
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CHAP. 39.— An Act For the relief of the owners of the steam lighter Climax and the cargo laden aboard thereof. January 23, 1909. [[S. 2873](/us/bill/60/s/2873).] [[Private, No. 83](/us/pvtl/60/83).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, “Climax” steam lighter.Claims for damages referred to court for southern district of New York. That the claims of the owners of the steam lighter Climax, injured and sunk by collision with the United States light-house tender Cactus on the afternoon of the twenty-fifth day of November, nineteen hundred and live, in the East River, off the borough of Manhattan, city of New York, State- of New York, for and on account of the loss and injury to the said vessel and cargo and damages to the owners thereof, may be submitted to the United States district court for the southern district of New York, under and in compliance with the rides of the said court sitting as a court of admiralty, and said court shall have jurisdiction to bear and determine and to render judgment thereupon upon the same principles and measures of liability and damages in like cases in admiralty: *Provided, however,**Proviso.*Basis of investigation.
That the investigation of the said claim shall be made upon the following basis: First. Ascertainment of facts. The said court shall find the facts attending the loss and injury to the said steam lighter Climax and her cargo and damages to the owners thereof. Second. Determining the amount of damage. If it shall appear that the responsibility therefor rests with the said United States light-house tender Cactus the court shall then ascertain and determine the amounts which should he paid to the owners, respectively, of the Climax, and of her cargo, in order to reim-1405burse them for the losses and damages so sustained, and shall render a decree accordingly.
Sec. 2. That should said decree be rendered in favor of the ownersPayment to owners. of the Climax and her cargo, the amount thereof may be paid out of any money in the Treasury not otherwise appropriated. Approved, January 23, 1909.