Squatter sovereign., 1855-06-12
DY DY..AUTHoRETY.
Laws OF the United States.
Public 1871

In Congress- assembled, That court shall be /
established to be called Court of Claims, to |
consist of three judges, to be appointed by the |
President, by and with the advice and consent
of the Senate, and to hold their Offices during |
good beh2vior; and the said court shall hear
and determine all claims founded upon any law
OF Congress, or upon any regulation of an exc
cutive. or upon any contraet, express or iInpli-
ed, with the government OF the United States.
which my be suggested 70 il by petition hied
therein; and also all claims which may De re-
fsrrcd TO said court BY either house of Congress
1t shall be the duty of the claimant in all cases
to set forth a full statement Of the claim, and
OF the action thereon in Congress, or by any
of the departments, il such action has been had
specifying also what person Or personsa are own
ers thereof or Interested therein. and when and
upon what consideration such person OF per-
sons became so Interested. Each of the said
Judges shall receive compensation or four
thousand dollars perannrm, payable quarterly,
from tho treasury of the United Statcs and shall
take an oath to support the Constitution OF the
United States and discharge faithfully the du-
ties of his office.
SEC. 2. And be it further enacted, That 4
solicitor for ti United States. to represent the
government before said court, shall be appoint
ed BY the President. by and with the advice and
consept of the Senate. II shall be the duty OF
said solicitor TO prepare all cases on the part
of the government for hearing before said court.
and to argne the samc when prepared; to cause
testimony to be taken, when necessary to Sc
cure the interest OF the United States; to pre-
pare Forms, file intarrogatorieS. and suPerintend
the taking of testimony. in the manner pre-
seribed by said conrt, and generally to rende"
such services as NAV be required OF him
from time to time, in the discharge OF the du-
ties of his office. Said solicitor shalt be sworn
to faithful discharge of the d3ties OF his Office,
in the manner prescribed for the qualification
of the Judges in the first section of this aci ;
aud he shall receive compensation OF three
thousand five hundred dollars per annum for
his services. TO be paid quarterly from the treas
urv of The United Stats.
SEC. 3. And be it further enacted. That the
said court shall have authority to establish rules
and regulations for its government; to appoint
commissioners TO take testimony to be used in
the investigation of claims that NAV come be-
fore il ; to prescribe the fees they shall receive
for their services and to issue commissions for
the taking of such testimony, whether the same
shall be taken at the instance of the claimant
or OF the United States, and also to issue sub
pGnas to require the attendance OF witnesses in
order to be examined before such commission-
ers which su6pGnas shall have the Same force,
nc If issued from district court of the United
States, and compliance Herewith shall be COM
pelled under such rules and orders as the court
hereby created shall establish When tesdmo-
ny IS taken for the claimant, the fees of the
commissioners before whom it is taken. and the
cost of the commission and notice, shall be paid
BY such claimant and when taken at the in
stance OF the government, such fees, together
with all postage incurred by the solicitor aforc-
said in mis- official capacity, shall be paid out
OF the contingent fund provided for said court.
In all cases, when ii can be conveniently done
the testimony shall be taken in the county
where the deponcnt resides; and the. commits
s;oner tai king the same is hereby authorised and
required to administer IN oath or affirmation to
the witnesses brought before him for examina-
tien.
SEc. 4. And be it further enacted, That ir
all cases whore it shall appear to the court thai
the facts set forth in the petition of the claim
ant do not furnish any ground for relief, il shal
not be the duty of the court to authorise the
taking of any testimony in the case, until thu
same shall have been reported by them to Con.
eress, as is hereinafter provided: Provided
however, That il Congress shall, in such case
fail 10 confirm the opinion of said board, they
shall proceed to take the testimony in sucl
ease.
SEC. s. And he it further enacted That il
taking testimony to be used in support of any
claim before said court, opportunity shall b,
given to the United States to file interrogatc
ries, hy attorney to examine witnesses, un
der such regulations as said court shall pre-
scribe, and like opportunity shall be afforded
the claimant in eases where testimony is takei
behalf of the United States under Ike reg
ulations.
SEC. 6. And be it further enacted, That i
any person shall knowingly and wilfully swea
falsely before said court, or before any persoI
or persons commissioned by them, or authorise'
hy this act 10 take testimony in a case pendin!
before said court at the time of taking said oath
or in ease thereafter to be submitted to sai
court, such person shall be deemed guilty o
perjury. and. on conviction thereof, shall b
subjected to the same pains, penalties, and dis
abilities which now are, or shall be hereafter
by law prescribed for wilful and corrupt per
fry.
SEC. 7. And be it further enacted, That sal
court shall keep record of their proceedings
and shall, at the commencement OF each SeS
sion of Congress, and at the commencement Q
each month during the session of Congress, re
port to Congress the cases upon which the
shall have finally acted, stating in each the ma
teTia facts which they find established by tn
evidences, with their opinion in the case, an
the reasons upon which such opinion is found
cd. Any judge who may dissent FROM the opln
ION Of the majority shall append his reasons fc
such dissent TO the report; and such report. tc
gether with the briefs of the solicitor and c
the clainaant, which shall accompany the re
port, upon being made to either house of Coz
e.ress, shall be printed In the same manner a
other public documents. And said court shd
prepare bill or bills in these cases which sha
have received the favorable decision thereof, i
sach form as, il enacted, will carry the san
into cffrct.- And two or moro cases may be en-
braccd in the same bill, where the separat
amount proposed to be allowed in each cas-
sAall be less than one thousand dollars. An
the said court shall transmit with said report
the testimony in each case, whether the san
shall receive the favorable or adverse action
said court
src s. And be it f,,7ther enacted, That sal
reports, aud the bills reported as aforesait
shall, ii not finally acted upon during the sei
sion of Congress TO which the said reports al
made, be continued from session to session, ar
from Congress TO Congress- until the same sha
he finally acted upon, and the consideration {
said repogts and bills shall. at the sabsequei
session of Congress, be resumed, and the sai
reports and bills be proceeded with in the san
manner as though finally acted upoa at the Sc
sion when presented.
SEs-. o. And be it further enacted, That tt
claims reported npon adversely shall be place
apon the calender when reported, aud il the d
cision of said conrt shall be confirmed BY Coz
,sress. said decision shall be conclusive; al
the said court shall not, at any subsequent p
ROD. consider said claims unless such reason
shall be presented TO said court as, by the ral
of common law or chancery in suits betwe,
Individuals, would furnish sufficient ground &
granting 6 new trial.
SEc TO- And be it further enacted, That
shall be the daty OF the Speaker OF the Hoas
OF Representatives, within reasonable tin
after the passage of this act, to appropriate SUI
rooms IN the Capitol at Washington. for Il