SAME; MODIFICATION OR CORRECTION; GROUNDS; ORDER § 11. In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration (a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. (b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted. (c) Where the award is imperfect in matter of form not affecting the merits of the controversy. The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties. NOTICE OF MOTIONS TO VACATE OR MODIFY; SERVICE; STAY OF PROCEEDINGS § 12. Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his attorney within three months after the award is filed or delivered. If the adverse party is a resident of the district within which the award was made, such service shall be made upon the adverse party or his attorney as prescribed by law for service of notice of motion in an action in the same court. If the adverse party shall be a nonresident then the notice of the application shall be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court. For the purposes of the motion any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award. PAPERS FILED WITH ORDER ON MOTIONS; JUDGMENT; DOCKETING; FORCE AND EFFECT; ENFORCEMENT § 13. The party moving for an order confirming, modifying, or correcting an award shall, at the time such order is filed with the clerk for the entry of judgment thereon, also file the following papers with the clerk: (a) The agreement; the selection or appointment, if any, of an additional arbitrator or umpire; and each written extension of the time, if any, within which to make the award. (b) The award. 8 (c) Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon such an application. The judgment shall be docketed as if it was rendered in an action. The judgment so entered shall have the same force and effect, in all respects, as, and be subject to all the provisions of law relating to, a judgment in an action; and it may be enforced as if it had been CONTRACTS NOT AFFECTED 814. This title shall not apply to contracts made prior to January 1, 1926. SEC. 2. The sections or parts thereof of the Statutes at Large covering provisions codified in this Act, insofar as such provisions appear in title 9, United State Code and supplements thereto, as shown by the appended table, are hereby repealed: Provided, That any rights or liabilities now existing under such repealed sections or parts thereof shall not be affected by such repeal. STATUTES AT LARGE Feb. 12, 1925, ch. 213, sec. 1, 43 Stat. 883_ [PUBLIC LAW 300-80тH CONGRESS] [S. 885] AN ACT To provide that the Canadian-built dredge Ajax and certain other dredging equipment owned by a United States corporation be documented under the laws of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Director of the Bureau of Marine Inspection and Navigation is authorized and directed to document under the laws of the United States the Canadian-built dredge Ajax and the Canadian-built dump scows D. S. 135290, D. S. 135291, D. S. 308, and D. S. 310, which are owned by the Puget Sound Towboat Company, a subsidiary of the Puget Sound Bridge and Dredging Company, in order that such vessels may continue to operate within the United States without violating the restrictions of the navigation laws on dredging operations and coastwise transportation: Provided, That the documentation of the Ajax as provided in this Act shall terminate upon completion of the Wrangell Narrows, Alaska, contract now in force between United States Engineers and subject company. [CHAPTER 451-1ST SESSION] (H. R. 859] AN ACT To provide for the exploration, investigation, development, and maintenance of the fishing resources and development of the high seas fishing industry of the Territories and island possessions of the United States in the tropical and subtropical Pacific Ocean and intervening seas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the policy of the United States to provide for the exploration, investigation, development, and maintenance of the fishing resources and development of the high seas fishing industry of the Territories and island possessions of the United States in the tropical and subtropical Pacific Ocean and intervening seas, for the benefit of the residents of the Territory of Hawaii and Pacific island possessions and of the people of the United States. SEC. 2. The Secretary of the Interior, through the Fish and Wildlife Service of the Department of the Interior, is authorized and hereby directed to conduct such fishing explorations and such 'necessary related work as oceanographical, biological, technological, statistical, and economic studies to insure maximum development and utilization of the high seas fishery resources of the Territories and island possessions of the United States in the tropical and subtropical Pacific Ocean and intervening areas as may be consistent with developing and sustaining such fishery resources at maximum levels of production in perpetuity and to provide for the best possible utilization thereof. SEC. 3. In carrying out the purposes and objectives of the foregoing sections, the Secretary of the Interior may cooperate with appropriate agencies of the Territorial and island governments, and with such educational, industrial, or other organizations, enterprises, and individuals as may be expedient. SEO. 4. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary for the construction, including architectural services, and for furnishings and equipment of a fishery research laboratory and experiment station in the Hawaiian Islands and necessary substations at suitable locations, together with suitable dock and storehouse facilities to be used in conjunction with the operation of research and experimental fishing vessels and for the procurement and for the modification, refitting, and equipment of two experimental high-seas fishing vessels, together with all necessary gear and appurtenances, and of one multiple purpose high-seas fishing and oceanographical research vessel, together with all necessary gear and appurtenances, including necessary naval architectural and engineering services: Provided, however, That no part of said appropriation shall be expended for the acquisition of lands for sites for said laboratory, experiment station, or substations in the Territory of Hawaii: Provided further, That there are authorized to be transferred to the Fish and Wildlife Service not to exceed three surplus vessels suitable for conversion and use in oceanographic and biological research and exploratory fishing, by any disposal agency of the Government without reimbursement or transfer of funds. SEC. 5 There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, additional sums for expenses during the fiscal year 1947-1948 to carry out the purposes of this Act, including personal services, traveling expenses, transportation of things, purchase, maintenance, and operation of motor vehicles, miscellaneous equipment, and supplies, communications, other contractual services, necessary printing locally, and maintenance, repair, improvement, equipment, and operation of vessels and buildings or other structures. SEC. 6. There is hereby authorized to be appropriated from time to time in fiscal years after 1947-1948 such sums as may be necessary to enable the Fish and Wildlife Service of the Department of the Interior to carry out the purposes of this Act, including all the classes of expenditures enumerated in the foregoing section. Approved August 4, 1947. [CHAPTER 78-2D SESSION] [8. J. Res. 173] JOINT RESOLUTION To continue until March 1, 1949, the authority of the Maritime Commission to sell, charter, and operate vessels, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1 of the Act entitled "An Act to continue temporary authority of the Maritime Commission until March 1, 1948", approved June 28, 1947 (Public Law 127, Eightieth Congress), is amended by striking out the date "March 1, 1948" and inserting in lieu thereof the date "March 1, 1949". (b) Notwithstanding the provisions of subsection (a), no contract of sale under section 6 of the Merchant Ship Sales Act of 1946 shall be made after March 1, 1948; and nothing contained in this or any other Act shall be deemed to authorize the United States Maritime Commission to charter any war-built vessel (as defined in the Merchant Ship Sales Act of 1946) to any person who is not a citizen of the United States (as defined in the Merchant Ship Sales Act of 1946). SEC. 2. Section 2 of the joint resolution entitled "Joint resolution authorizing the Commandant of the United States Coast Guard to waive compliance with the navigation and vessel-inspection laws administered by the Coast Guard", approved March 31, 1947 (Public Law 27, Eightieth Congress), as amended, is amended by striking out the date "April 1, 1948" and inserting in lieu thereof the date "March 1, 1949". Approved February 27, 1948. |