, 1868-10-23
OFFICIAL.
LAWS OF THE UNITED STATES.
assed at the Second Session Of ths Fortieth Con.
arm


gress dssembted, That an appeal to the Supreme
Court OF the United States shall be allowed on
behalf Of the United States from all the inaI
judgments OF the said Court Of Claims adverse
to the United States, whether such judgments
shall have been rendered by virtue of the general
or any special power or jurisdiction of said court
under the limitations now provided by law for
other cases OF appeal from said court
SEC. 2, And be IL further enacted That said
Court OF Claims, at any time while any suit or
claim is pending before or an appeal from said
court, or within two years next after the hnal
ulsPosiuon OF amy such suit or claim, may, on
motion on behalf Of the United States, grant a
new trial in any such snit or claim and stay the
payment OF any judgment therein, upon such
evidence (although the same may be cumulative
or other) as shall reasonably satisfy said court
that any fraud, wrong, or injustice 10 the prem
ises has been done to the United States !; but
until an order is made staying the payment of
Judgment, the same shall be payable and paid
as now provided by law.
SEo. 3. And be ii further enacted, That W whenever
it shall be material in any suit or claim before
any court to ascertain whether any person did
or did not give any aid comfort TO the late re-
rebellion, the claimant or party asserting the
loyalty OF any such person to the United States
during such rebellion, shall be required to prove
athrmatvely that such person did, during said
rebellion, consistently adhere to the United
States, and did give no aid or comfort to persons
engaged in said rebellion and the voluntary
residence of any such person in anv place where
at any time curing such residence, the rebel
force or organization held sway, shall be prima
facie evidence that such person did give aid and
comfort to said rebellion and to the persons ems
gagged therein.
SEC. a. And be further enacted, That no
plaintiff or claimant, or any person from or
through whom any such plaintiff or claimant
derives his alleged title, claim or right against
the United States, or any person interested in
any such title, claim, or right shall be a compet.
ent witness in the Court OF Claims in supporting
any such title, claim, right and no testimony
given by such plaintiff, claimant or person
shall be used: Provided That the United States
shall, If they see cause, have the right to exam
lne such plaintiff, claimant, or person as a wit
ness under the regulations and with the priyi
leges provided 10 section eight of the act passed
March third, eighteen hundred and sixty.tbree
entitled {" An act to amend an act to estalisb a
court Tor the investigation of claims against the
United States" approved February twenty.
fourth, eighteen hundred and 6fty-fve.
SEC 3. AHd be ii further enacted, That from
and atter the hrst day of July, eighteen hundred
and sixty>eight, the Attorney General of the
united states Tor the time being shall, with bis
assistants, attend to the prosecution and defence
OF all matters and suits in the Court of Claims
on behalf Of the United States There shall he
appointed by the President, by and with the
advice and consent of the Senate two assistant
Attorneys General, who shall hold their Offices
Ior four years respectively, unless sooner law.
fully removed, and whose salaries shall he fopr
thousand dollars each, per year, PAYABLE ouar.
terly, and who shall be in lieu of the solicitor
assistant solicitor, and deputy solicitor, of the
Court of Claims, and of the assistant Attornev
General now provided for by law and the ex
lsting offices Of solicitor assistant solicitor and
deputy solicitor, of the Court of Claims, and of
M eIsfa nj n
from and after the first day of July. eighteen
hundred and sixtyNeight. The Attorney Gener.
al shall! have power to appoint two additional
clerks Of the fourth class, and one clerk at A
salary not exceeding two thousand dollars, in
his office.
SEC. G. And be il further enacted, That it shall
also be the duty of the said Attorney General
and his assistants, 10 all cases brought against
the United States in said Court of Claims found.
ed upon any contract, agreement, or transaction
with any executive department, or auy bureau
officer, or agent of such department, or where
the matter or thing on which the claim is based
shall have been passed upon and decided by
any department, bureau, or officer intrusted by
law or department regulations with the settle,
ment and adjustment of such claims, demands
or accounts, so transmit to said department bur.
eau or officer as aforesaid, a printed copy of
the petition filed by the climant in such case
with request that the said department, bureau
or officer to whom the same shall be so transmit
ted as aforesaid, will furnish to said Attorney
General all facts circumstances, AID evidence
touching said claim as is or may be in the nos
session or knowledge of the said department.
bureau or officer; and it shall be the duty of
the SAID department, bureau, or officer TO whom
such petition may be transmitted and such re.
quest preferred as aforesaid, without DELAY, and
within reasonable time, to furnish said Att
torney General with full statement of all the
facts, information and proofs which are or may
be within the knowledge or in the possession OF
SAID department, bureau, or officer, relating to
the claim aforesaid. Such statements shall also
contain reference TO or description of all off
cial documents or papers, if any, as may or do
furnish proof of facts referred to in said state
ment, or that may be necessary and proper for
the defence ofthe United States against the said
claim, together with the department Office, or
place where the same is kept or may be procur-
ed And if the said claim shall have been passed
upon and decided by the said department bur,
eau, or officer, the statement or answer to be
transmitted to said Attorney General, as herein
before provided, shall succncty state the reasons
and principles upon which such decision shall
have been based. 10 all cases where such de,
cision shall have been made upon any act OF
Congress, or upon any section or clause of such
act, the same shall be cited specifically. And
if any previous Interpretation or construction
shall have been given to such act, section, or
mtting such statement, the same shall be set
forth snccinctly in said statement, aud a COPY
of the opinion fled, if any. shall be annexed 10
such statement and transmitted with the same
to the Attorney General aforesaid Aud where
any decision in the case shall have been based
upon any regulation ofan executive department,
or where such regulation shall or may, in the
opinion of the department, bureau, or officer
transmitting such statement, have any bearing
upon the claim in suit, the same shall be dis,
tinctly referred to and quoted in extenso in the
statement transmitted to said Attorney General
PrOUided, hOTeVer, That where there shall be
pending in said court more than one case, or a
class of cases, the defence to which shall rest
upon the same facts, circumstances, and proofs,
the said department. bureau, or officer shall
only be required 10 certify and transmit one
statement of the same, aud such statement shall
be held to apply to all such classes of cases as
if made out, certified, and transmitted in each
case respectively.