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Foreign Relations of the United States

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United States Department of State / Papers relating to the foreign relations of the United States, 1919

Mexico,   pp. 531-649 PDF (41.5 MB)

Page 642

based on the age, civil status, nature of occupation, state of health,
and property of the victim.
ARTICLE 7.-Claims shall be presented in writing, in Spanish,
stating therein correctly, the name of the individual or firm, nation-
ality, residence, the places and dates of the occurrences originating
the claim and the persons who may have participated therein, and the
nature of the damages suffered and the amount in national gold
claimed as indemnification.
ARTICLE 8.-The procedure to be followed in handling claims shall
be determined by governing regulations, in conformity with the
following bases:
I.-The Commission shall receive all claims which may be
presented, examine them carefully, and if they fulfill the basic
requirements prescribed by this law, it shall declare the claim
II.-It shall request of the respective authorities the informa-
tion it deems expedient with a view to deciding whether the
claim is in order or otherwise, or to fix the amount of indemnifi-
cation to be considered. During the course of these proceedings,
the proofs which the interested parties may offer or submit shall
be received.
III.-The Commission may accept any kind of proof which,
in its judgment, is humanly sufficient to produce conviction in
the concrete case, even though the same may be different from
that stipulated in the Laws of Procedure, or even though it may
not possess the force of evidence in conformity therewith, the
same being left to the rational judgment of the members of the
Commission, but the fact that the same may have been taken into
consideration in any concrete case shall not serve as a precedent
for the forced acceptance thereof in other analogous cases.
IV.-When the reports and proofs referred to in the pre-
ceding paragraphs have been received, the file shall be shown
to the claimant in order that he may submit in writing a state-
ment of what he considers proper in defense of his rights.
V.-Based on the evidence on file, the Commission shall draw
up a report proposing an appropriate decision.
VI.-The report in question shall be communicated to the
interested party, in order that he may state in writing his con-
formity therewith or his reasons for nonconformity.
VII.-This last requirement having been complied with, the
file shall be submitted to the President of the Republic, through
the Department of Hacienda, for final decision, in cases not
involving foreigners who may have stated their nonconformity
with the report of the Commission, as in the latter case, the
procedure shall be that outlined in Articles 12 and 13 of this
ARTICLE 9.-It shall be understood that the fact that the claimant
applies to the Commission in the administrative form established by
this Law, precludes him from the right of handling the same claims
through judicial channels.

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