Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-04-15

finds that the claimant is indebted to the gov
eminent, it shall under Trender1 Judgment to
that effect, and such judgment Shall be final,
with the right of appeal, as in other cases
hSreln provided for Any transcript of such
judgment, filed in the clerks office of any dis
trlct or circuit court of the United States,
shall be entered upon the records of the same
and shall ipso facto become and be iudg-
ment of such district or circuit court, and
shail De enforced In like manner as other
| judgments therein.
Sect A. And be it further enacted, that
the said court of claims shall hold one annual
session, commencing on the first Monday in
October in each year, and continuing so long
as may be necessary for the prompt dispose
! ton OF the business of the court. The said
court may prescribe rules and regulations
TOR practice therein, and it may punish for
contempt, IN the manner prescribed by COM
mon law. 1t may appoint commissioners, and
may generally exercise such powers as are
necessary to carry out the powers herein grant
| ed to it. The judges, solicitors, and clerks
of said court shall be admitted to the use of
the congressional library, and also the law Ii
brary, until law library be provided for
them. The said court may appoint a bailiff.
who shall hold his office during four years, un-
less sooner removed by said court for cause,
and who shall receive salary of one thou.
sand dollars, payable quarterly. The judges
and clerks OF said court may administer oaths
and atfrmatonS, take Acknowledgements of in
struments in writing, and give certificates
Of the same. Said court shall have il seal
with such device as it may order. Members
OF either house of congress shall not practice
in said court OF claims.
Sect. 5. And be it further enacted, that
pitbnr tn, he
of the United States from any final Judgment
or decree which may hereafter be rendered
in any case by said court wherein the amount
in controversy exceeds three thousand dollars,
under such regulations as the said supreme
court may direct: Provided that such appeal
shall be taken within ninety days after the
rendition OF such Judgment or decree: And
provided further, that when the Judgment or
decree will affect a class Of cases or furnish a
precedent for the future action of any execu-
tive department of the government in the ad-
justment of such class of cases or Il constitl-
tional question, and such facts shall be certi-
fed to by the presiding justice of the court of
claims, the supreme court shall entertain an
appeal on behalf of the United States, without
regard to the amount in controversy.
Sect. 6. And be it further enacted, that
the solicitor, assistant solicitor, and deputy
solicitor of said court, shall hereafter be APP
pointed by the president, by and with the adj
vice and consent Of the senate and it shall be
their duty faithfully and diligently to defend
the United States i'll all matters and cases be-
fore said court of claims; and in all cases
taken by appeal therefrom to the supreme
court; and no other fee or compensation than
the salary of said solicitor and assistant and
deputy solicitors, shall hereafter, in any case,
be paid to either of them, and no fee or m
pensation for services in either the supreme
court or court of claims shall hereafter be
allowed or paid IN any case by the United
States.
Sect. 7. And be it further enacted, that
in all cases of final judgments by said courts
on appeal by the said supreme court where
the same shall be affirmed in favor OF tne
claimant, the sum due thereby shall be paid
out of any general appropriation made by law
for the payment and satisfaction of private
claims, on presentation to the secretary of the
treasury of a copy of said judgment, certified
| by the clerk Of said court of claims, and sign
| ed by the chief justice, or, in his absence, by
the presiding judge of said court. And in
cases where the judgment appealed from is in
favor of said claimant, or the same is affirmed
by the said supreme court, interest thereon at
at the rate of five per centum shall be allowed
from the date OF its presentation to the secre-
tary of the treasury for payment as aforesaid,
but no interest shall be allowed subsequent to
the affirmance, unless presented for pay
ment to the secretary of the treasu-
ry as aforesaid: Provided, that no interest
shall be allowed on any claim up to the time
of the rendition of the judgment by said
court of claims, unless upon contract eX-
pressly STIMULATING for the payment of inter-
est, and it shall be the duty of the secretary
A.
each congress, to include in his report o. IA
statement of all sums paid at the treasury on
such judgments, together with the names of
the parties in whose favor the same were al
lowed And it is further provided, that such
payments shall be a full discharge to the
United States of all claim or demand touch
ing any of the matters involved in the cOntro-
versy: And provided further, that any final
Judgment rendered against the claimant on
any claim prosecuted as aforesaid shall for
ever bar any further claim or demand against
the United States arising out of the matters
involved in the controversy.
Sect s. And be it further enacted, that
it shall be lawfulfor said court, at the instance
of the solicitor for the United States, to make
an order in any case pending in said court,
directing that the claimant or claimants In
such case, or any one or more of them, shall
appear, upon reasonable nOtlce, DeIOre any
commissioner of said court, and be examined
on oath or affirmation touching any or all mat
tiers pertaining to said claim. And the exam
ination of such claimant or claimants shall be
reduced to writing by the said commissioner,
and be returned to and filed in said court, and
NAV, at the direction of the solicitor for the
| United States, be read and used as evidence
| on the trial of said cause. And if any claim
ant or claimants, after such order has been
made, and due and reasonableln thereof
given to him or them, shall fail to appear or
shall refuse testify or answer fully as to all
matters within his knowledge material to the
issue, the said court may, in its discretion,
order that the said cause chall not be brought
forward for trial until the said claimant or
claimants shall have fully complied with the
order of said court in the premises.
Sect. 8. And be it further enacted, that
the jurisdiction of the said court shall not ex-
tend to or include any claim against the gov
eminent not pending in said court on the first
day of December, ammo domini eighteen hun
dred and sixty-two, growing out of or depen-
dent on any treaty stipulation entered into
with foreign nations or with the Indian tribes.
Sect. 10. And be it further enacted that
every claim against the United States, cogni-
Fable by the court of claims, shall be forever
barred unless the petition setting forth state
ment of the claim be filed in the court or
transmitted to it under the provisions Of this
act within six years after the claim first ac-
| crues Provided, that claims which have ac-
crued six years before the passage of this act
| shall not be barred if the petition be filed in