Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-03-06

AN ACT to establish court for the investigation
OF claims against the United States.
BE IL enacted BY ths Senate and House of Rep
resentatives Of The United States Of America 4,
Congress assembled That court shall be estab
lished, 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 behavior, and
the said court shall hear aud determine all claims
founded upon any law Of Congress, or upon any
resua.ion OF an Executive department, or upon
any contract, express or implied with the Govern
ment Of the United States which may be suggest
ed 70 u by a petition filed therein, and also All
claims which may be referred to said court by
either House Of Congress. 1t shall be the d,tv ~
tne claimant IN all cases to set forth full state
Inel. m ol tne claim, and OF the action thereon in
Congress or by any of the departments if sncb ac
ton has been had specifying, ALSO what person or
persons are owners thereof or Interested therein
and when and upon what consideration snch na,
son Or persons became so interested Each Of tho
said Judges shall receive a compensation Of four
Thousand dollars per annum, payable quarterly
from the Treasury Of the United States and sbalI
take an oath to support the Constitution Of m"
United States and discharge faithfully the duties of
| his Office. IN71-''' -''0' y
Sec. 2. A,sd Be u further enacted That solic.
tor for the United States, to represent the govern
ment before said court, shall be appointed by tbe
PRESIDENT, by and with the advice and consent OF
| ri
to prepare all cases the part OF the government
Tor hearing before said court, and to arpne tbo
same when prepared to cause testimony q ho
taken when necessary to secure the interest of thu
United States; to prepare forms, file interrorato.
RES, ana superintend the taking of testimony In
.ne manner prescribed by said court and generally
70 render such services as may be required Of bjn
from time to time, in the discharge of the duties
o. ms oince Said solicitor shall be sworn 10
faithful discharge of the duties Of his Office in TIA
manner prescribed for the qualification az the
Judges In the first section Of this act and he sha
receive a compensation OF three thousand five
hundred dollars per annum for his services. 70 ba
paid quarterly from the Treasury of the iJnitod
States ~. 0 oHiseu
Sec. 8. And Be il further enacted, That the sail
court shall have authority to establish rules anil
regulations for its government to appoint com
mlssioners 70 take testimony to be used in the in
vestgation Of claims that may come before h "a
prescribe the fees they shall receive for their ser.
wees and to issue commissions for the taxing of
such testimony, whether the same shaI be taRan
at tho instance Of the claimant or of the unjted
states, and also to issue subpenas to REQUIRE the
attendance OF Witnesses in order to be examined
before such commissioners which subponas sbalI
have the same force as If issued from d;strict
court OF the United States and compliance there
with shall be compelled under such rples and -
uers as the court hereby created shall establish
hen testimony Is taken for the claimant. the fees
of the commissioner before whom IL is taken. and
the cost Of the commission and notice sbalI M na;d
by such claimant and, when taken al the nstaco
of the government, such fees, together with ali
postage incurred by the solicitor aforesaid in his
oical capacity, shall be paid out of the continoent
lund provided for said court. In all cases, when II
can De conveniently done, the testimony shall be
taken in the county where the deponent resdas.
and the commissioner taking the same IA hereby
authorized and required TO administer an oath or
affirmation to the witnesses brought before him for
examination.
Sec. a. And5eif neither era.ssd That 4, m c.sos
where it shall appear to the court that the facts
set forth in the petition Of the claimant do not fur
nsh any ground for relief il shall not be the duty
Of the court to authorize the taking of any test.
mony in the case until the same shall have been
reported by them to Congress-, as Is hereinafter
provided: Prouided hopeuer, That, If Congress
shall In such case, fail TO confirm the opinion Of
said board, they shall proceed to take the testimo-
ny in such case.
See. s. And be IL further enacted, That, in ta-
king 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
% examine witnesses, under such regulations as
iaid court shall prescribe and like opportunity
hall be afforded the claimant in cases where tes-
imony is taken on behalf the United States, un-
Ter like regulations.
Sec. 6. And Be 10 further enacted, That if any
person shall knowingly and wilfully swear falsely
before said court or before any person or persons
by them, or authorized by this act
10 take testimony in case pending before said
court at the time Of taking said oath, or in case
thereafter 10 be submitted to said court such per
'on shall De deemed guilty Of perjury, and on con-
Fiction thereof shall be subjected TO the same
pains, penalties, and disabilities which now are or
hail be hereafter by law prescribed for wilfhl and
corrupt perjury t aT -
Sec. 4. A,ld be IL further enacted That said
'ourt shall keep record Of their proceedings and
hall, at the commencement Of each month during
he session of Congress, report TO Congress the
'ases upon which they shall have finally acted sta
ing In each the material facts which they find es-
abshed by the evidence, with their opinion in the
asc, and the reasons upon which such opinion is
ounded. Any judge who may dissent from the
pinion of the majority shall append his reasons
'r such dissent 70 the report; and such report
'gether with the briefs Of the solicitor and Of the
aimant, which shall accompany the report upon
eing made 10 either House Of Congress-, shall be
rinted in the same manner other public docu-
tents. And said court shall prepare bill or bills
! those cases which shall have received the fayor-
BILE decision thereof in such form as, II enacted
Ill carry the same into effect And two or more
ases may be embraced in the same bin, where the
sparate amount proposed TO be allowed In each
sse shall be less than one thousand dollars And
,e said court shall transmit with said reports tho
'stimony in each case, whether the same shall
,ceive the favorable or adverse action OF said
burt
Sec. 8. And Be IL further enacted, That said re.
orts and che bills reported aforesaid, SHALL II
OF finally acted upon during the session Of Con-
ress TO which the said reports are made, be con-
nucd from session 10 session and from Congress
Congress until the same shall be finally acted
pom, and the consideration Of said reports and
lis shall, at the subsequent session Of Congress,
resumed, and the said reports and bills be pro-
,eded with In the same manner as though finally
ted upon at the session when presented
Sec. 9. Andbe further enacted, That the claims
ported upon adversely shall be placed upon the
lcndsr when reported, and II the decision Of said
urt shail De confirmed BY Congress, said decision
all be conclusive; and the said court sball not
any subsequent period, consider said claims, un.
. such reasons shall be presented TO said court
by the rules Of common law or chancery in
is between individuals, would furnish sufficient
ound for granting new trial
Sec 10. dnd be u further enacted That 4. shall
the duty of tha-Speaker Of The Hn,rse of Rem.