, 1855-08-31

Slltn OTutI, IluNlt Cl'HCl tNliil 'ih'S " 80
cation, or fix a different day for said term
or terms, giving notice thereof as aforesaid.
Sec. 4. And be Il further enacted, That
there shall be held at the city of Cleveland,
in the state of Ohio, on the third Tuesday
in March, this year, special term of the
district court of the United States for the
northern district Of Ohio, and also special
term Of the circuit court Of the United
States for said district, at which terms re-
spectively any business may be transacted,
which might, under existing laws, be trans
acted at any regular term
-AppRovEp, February 2l, 1870.
Ia Gcs TO establish a Court for the Iarcdi-
gdticn # Claims against The Uaiied States
Be II enacted by the Senate and House of
Representatives. ot'ths United States Of liner
ica in Congress assembled, That u court
shall be established to be called q Court of
Claims, 10 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 behaviour;
and the said court shall hear and deter
mine all claims founded upon any law Of
Congress, or upon any regulation OF IN cX-
ecutivc department, or upon any contract,
express or implied, with the government Of
the United States, which may Lc suggest
ed 10 it by petition filed thtrtin +; and
also all claims which may be referred to
said court by either house of Congress.
1t shall he the duty of the claimant in all
cases to set forth full statement of the
claim, and of the action thereon in Con
gress, or by any of the departments, if such
action has been had specifying also what
person or persons arc owners thereof or in
terested therein, and when and upon what
consideration such person or persons be-
came so interested. Each of the said judg-
es shall receive u compensation Of four
thousand dollars per annum, payable quar-
terly, from the treasury Of the United
States, and shall take an oath TO support
the Constitution of the United States and
discharge faithfully the duties of his Office.
SEC. 2. And be IL further eaaeicd, That
q solicitot for the United States, TO repre-
sent the government before said court,
shall be appointed by the President, by and
with the advice and consent'of the Senate.
1t shall be the duty OF said solicitor to pre-
pare all cases on the part Of the govern
ment for hearing before said court, and 10
argue the same when prepared to cause
testimony to be taken, when necessary to
| secure the interest Of tic United States to
prepare forms, file iuterrogatories, and su-
perintcnd the taking Of testimony, in the
manner prescribed by said court, and gen.
. orally to render such services as may be
required Of him from time to time, in the
discharge of the duties of his Office. Said
solicitor shall le sworn to faithful dis
charge of the duties of his Office, in the
manner prescribed for the qualification Of
the judges in the first section of this act :
and he shall receive a compensation OF
three thousand five hundred dollars rer
annum for his services, to be paid quarterly
from the treasury Of the United States.
SEC. 8. And be il further enacted, That
the said court shall have authority to es.
tablish rnles and regulations for its govern
ment to appoint commissioners to take
testimony to be used in the investigation
of claims that may come before it to pre-
scribe 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 claim
ant or Of the United States, and also to
issue subp9nas to require the attendance
Of witnesses in order to be examined before
such commissioners; which subpGnas shall
have the same force, as if issued from o
district court of the United States, and
compliance Herewith shall be compelled
under such rules and orders as the court
hereby created shall establish. When tes
timony is taken for the claimant, the Res
of the commissioner before whom il IS ta-
ken, and the cost of the commissiOn and
notice, shall be paid by such claimant; and
when taken at the instance of Ae govern
ment, such fees, together witbfall postage
incurred by the solicitor ploresaid in his
official capacity, shall bepaid out Of the
contingent fund providSd for said court.
In all cases, when itscan be conveniently
done, the testimony shall be taken in the
county where tbs deponent resides and
the commissionsr taking the same is hereby
authorized and required to administer an
oath or Affirmation to the witnesses brought
before hin for examination.
SEc.L Aad be IL further enacted, That
in all cases where it shall appear to the
court that the facts set forth in the petit
ton of the claimant do not furnish any
ground for relief, it shall not be the duty
Of the court to authorize the taking of any
testimony in the case, until the same shall
have been reported by them to Congress,
as is hereinafter provided Proridcd, hoH-
erer, That il Congress shall, in such case,
fail to confirm the opinion of said board,
they shall proceed to take the testimony 10
such case.
SIC. 5. And be IL further enacted, That
in taking testimony to be used in support
Of any claim before said court, opportunity
shall be given to the United States to file
interrogatories, or by attorney TO examine
witnesses, under such regulations as said
court shall prescribe, and like opportunity