The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-07-16
IoFFIcIAL.l
LAWS OF THE UNITED STATES.
Passed ut the Second Session of the
Fortieth Congress.


An Act to provide for appeals from the Court
Of Claims, and for other purposes.
he 1t enacted BY the Senate and House Of
Representatives ofthe UHiied SfaisJ of Ameyi.
ca iR CongrsJS aSsembked That an appeal to
the Supreme Court Of the United States shall
be allowed on behalf of tho United States from
all the final 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- it further enacted, That said
Court Of Claims, at any time while any suit or
claim Is pending before or on appeal from sid
court, or within two years next after tho final
disposition Of any such suit or claim, may, on
motion on behalf Of the United States, grant q
new trial in any such suit or claim and stay
the payment Of any Judgment therein, upon
such evidence although the iame may DO Gu.
mulative or other as shall reasonably satisfy
said court that any fraud, wrong, or injustice
in the premises has been done to tho United
States but until an order is made staying the
payment Of judgment, the same shall be pay.
able and paid rs now provided BY law.
SEC. 3. And be itfnTthey enacted, That when.
ever II shall be material In any suit or claim
before any court to ascertain whether any per.
son did or did not give any aid or comfort to
the late rebellion, the claimant or party assert
ing the loyalty Of any such person to the United
States during such rebellion, shall be required
to prove aflirmatively that such person did
during said rebellion, consistently adhere to
the United States, and did give no aid or CON.
fort to persons engaged in said rebellion and
the voluntary residence Of any such person 10
any place where, at any time du ring such resi-
dence, the rebel force or organization held
sway, shall BIO prima faoe evidence that such
person did give aid and comfort to said rebel
lion and to the persons engaged therein.
SEC. 4. And bsn 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 DO a CON.
petent witness In the Court Of Claims in sup.
porting any such title, claim or right. and o
testimony given by such plaintiff, claimant, or
person shall be used: Provided That tho U oil.
ted States shall, IL they see cause, have the
right to examine such plaintiff, claimant, or
person US q witness, under the regulations and
with the privileges provided in section eight
OF the act passed March third, eighteen hun.
dred and siIty'three, entitled IAN act to
amend an act to establish a court for the in
vestigation OF claims against the United
pNatoeb apPioNou februAry twenty. fourth,
eighteen hundred and fifty. five.
SEC. o. Aud be IL further enacted, That from
and after the first day Of July, eighteen hun
drei and sixty. eight, the Attorney General Of
the United States for the time being shall with
his assistants, attend to the prose and de.
fence Of all matters and salts In tho Courts Of
Claims on behalf Of the United States There
shall be appointed by the President, by and
with the advice and consent Of tho Senate, two
assistant Attorneys General. who shall hold
their Offices for four years respectively, unless
sooner lawfully removed, and whose salaries
shall DO four thousand dollars each, per year,
payable quarterly, and who shall be in lieu Of
the solicitor. assistant solicitor, and deputy so.
licitor Of the Court Of Claims, and Of the Assis.
tant Attorney General now provided for by
law, and the existing Offices Of solicitor, as.
sistant solicitor, and deputy solicitor, Of the
Court Of Claims, and of Assistant Attor.
ney General, arc hereby abolished from
and after the FIRST day Of July, eighteen Ian,
drsd and sixty eight. The Attorney General
shall have power to appoint two additional
clerks Of the fourth class, and ono clerk at q
salary not exceeding two thousand dollars, in
his Once.
SEC. o. And Be 1t (Hrther Enacted, That il
shall also DO the duty Of the said Attorney
General and his assistants, In all cAses brought
against the United States in said Court Of