Chapter 126. Authorizing the Rolph Navigation and Coal Company to sue the United States to recover damages resulting from collisions
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CHAP. 126.— An Act Authorizing the Rolph Navigation and Coal Company to sue the United States to recover damages resulting from collisions. November 17, 1921.[[S. 1408](/us/bill/67/s/1408).][[Private, No. 8](/us/pvtl/67/8).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Rolph Navigation and Coal Company.May bring suit for collision damages to barkentine “Hesperian ”, in District court. That the claim of Rolph Navigation and Coal Company, a corporation organized and existing under and by virtue of the laws of the State of California, with its principal place of business in the city and county of San Francisco, in said State, owner of the barkentine Hesperian, for damages caused by collision between said vessel and the destroyer Rizal, a naval vessel belonging to the United States, in the Bay of San Francisco on the 26th day of November, 1919, may be sued for and submitted to the United States District Court in and for the Northern District Jurisdiction of court.of California, sitting as a court in admiralty, and acting under the rules in admiralty, governing said court, in an action in which said Rolph Navigation and Coal Company is hereby authorized to commence against the United States for the recovery of said damages.
Said court shall have jurisdiction to hear and determine said action and enter its judgment or decree therein for the amount of such damages, if any, as shall be found to be due against the United States in favor of said Rolph Navigation and Coal Company, or against the Rolph Navigation and Coal Company in favor of the United States, upon the same principles and according to the measure of liability prevailing in like cases in admiralty between private parties and with *Provisos.*Notice, etc.the same right of appeal: *Provided*, That such notice of said action shall be given upon or after the commencement of said action to the Attorney General of the United States, as may be provided by order of said court, and it shall be the duty of the Attorney General upon receipt of such notice to cause the United States attorney in such district to appear for and defend the United States in such action:Commencement of suit. *Provided further*, That said suit shall be brought and commenced within four months of the date of the passage of this Act.
Sec. 2. May enter suit for collision damages to barge “Alden Besse.” That the claim of said Rolph Navigation and Coal Company, owner of the coal barge Alden Besse, for damages caused by collision between said vessel and the destroyer Buchanan, a naval vessel belonging to the United States, in the Bay of San Francisco on the 1st day of September, 1919, may be sued for and submitted to the United States District Court in and for the Northern District Jurisdiction of court.of California, sitting as a court of admiralty, and acting under the rules in admiralty governing said court, in an action which said Rolph Navigation and Coal Company is hereby authorized to commence against the United States for the recovery of said damages.
Said court shall have jurisdiction to hear and determine said action and enter its judgment or decree therein for the amount of such damages, if any, as shall be found to be due against the United States 1569in favor of said Rolph Navigation and Coal Company, or against the Rolph Navigation and Coal Company in favor of the United States, upon the same principles and according to the measure of liability prevailing in like cases in admiralty, between private parties, and with the same rights of appeal: *Provided*, That such notice of said *Provisos.*Notice to Attorney General.action shall be given upon or after the commencement of said action to the Attorney General of the United States, as may be provided by order of said court, and it shall be the duty of the Attorney General, upon receipt of such notice, to cause the United States attorney in such district to appear for and defend the United States in such action: *Provided further*, That said suit shall be brought and commenced Commencement.within four months of the date of the passage of this Act.
Sec. 3. That said Rolph Navigation and Coal Company may unite the several causes of action arising out of the aforesaid collisions in the same complaint or libel. Approved, November 17, 1921.