The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-07-22


Of oases, the defence to which absJI
1est upon the same facts .;.e.-l-I ~ -
stances, and proofs. the said daUe..t
1nent. bureau. OF officer, shall onfr n.
required to certify and transen;ty ~ y
statement OF the same, and such So
lnent shall be held to apply ~ vi
such classes of cases as If made oTt
certified. and transmitted in each esra
respectively. e'7e
SEC. 2, And be it further enacted
| That 1t shall and may be lawful f5r
the head OF any Executive Depart
ment, whenever any claim is made
upon said Department involving dis
pnted facts or c0ntr0verted questions
of law, where the amount in contro-
versy exceeds three thousand dollars,
or where the decision will affect a
class Of cases or furnish a precedent
for the future action of any Execu-
tive Department IN the adjustment Of
class OF cases, without regard to
the amount involved in the particular
case, or where any authority, right,
privilege, or exemption is claimed or
denied under the Constitution Of
the United States, to cause such
claim, with all the vouchers,
papers, proofs, and documents
pertaining thereto, to be transmitted
10 the Court of Claims, and the same
snail be there proceeded in as if orig
lhaiiy commenced by the voluntary
actlOn OF the claimant. And the Sec
fetary OF the Treasury may, upon the
cerIlncate OF any Auditor or Comp
tfoller OF the Treasury, direct anyae-
count, matter, or claim of the char
acter, amount, or class deser. bed or
limited In this section to be transmit
ted, with all the vouchers papers.
documents, and proofs pertaining
thereto, to the said Court Of Claims
for trial and adjudication: P,oyi9C9
hoi0eue5', That no case shall be re,
ferred by any head Of a department
unless it belongs to one Of the several
classes OF cases to which, BY reason
of the subject-matter and character
the said Court Of Claims might un.
der existing laws, take jurisdiction
on such voluntary action of the claim
ant. And all the cases mentioned in
this section which shall be transmit
ted by the head of any executive de-
partment, or HpOn the certificate of
any Auditor OF Comptroller, shall be
proceeded 10 as other cases pending
in said court, and shall, in all respects,
be subject to the same rules and reg
ulatlons; and appeals from the final
or deerees Of said court
therein to the Supreme Court OF the
United States shall be allowed in the
manner now provided By law. The
amount of the final judgments or de-
crees in such cases so transmitted 90
said court, where rendered in favor Of
the claimants, shall IN all cases be
paid out of any specific appropriation
to the same, if any such
there be; and where no such appro-
priation exists, the same shall be paid
in the same manner as other judg-
ments of said court.
SEC. g. And be it further enacted,
That no person shall file or prosecute
any claim or suit in the Court Of
Claims, or an appeal therefrom, for or
in respect to which he or any assignee
of his shall have commenced and has
pending any suit or process in any
other court against any officer or per-
son who. at the time Of the cause of
action alleged in such suit or process
arose, was in respect thereto acting
or protesting to act, mediately or i'm
mediately, under the authority of the
process, if now pending in such other
court, shall be Withdrawn or dismiss
ed within thirty days after the passage
Of this act,
SEC. 8. And be it further enacted,
That it shall be the duty of the clerk
of said Court Of Claims to transmit
to Congtess, at the commencement Of
every December session, a full aud
conTPfer0 eTIJUment of all the iudg-
meuts rendered by the said oJurt for
the previous year, stating the amounts
thereof aud the parties in whose fa~
vor ren iered, together with a brief
synopsis Of the nature Of the claims
upon which SAID judgments have been
rendered
SEC. TO- And be it further enacted,
That all provisions Of any act incom-
patible herewith be, aud the same are
hereby repealed.
Approved, June p, 1868.