St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1868-11-13
TOhcial.
lOINClil.
LAWS OF THE L. 5.
Passed at the Second Session Of the Fort,eth
Congress.

Congress.
An act TO provide Tor appeals from til,
court OF claims, and for other pur-
/ poses.
( BE il enacted by the Senate and House
! o! Representatives of the United States
OF America in Congress assembled, Thai
an appeal 10 the supreme court of the
/ nited States shall be allowed on behalf
Of the United States from all the final
ind 5ments of the said court OF claims ad-
/ verse to the United States, whether sucl.
judgments shall have Eeen rendered by
virtue OF the general or any special
/ power or jurisdiction of said court under
the Limitations now provided by law
Tor other cases OF appeal from said
court.
SEC. ,. 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 said court. or within
two years next after the final disposition
OF any such suit Or claim, may. on mo-
ton on behalf Of the United States. crani
new trial i'll any such suit or claim and
stay the payment OF any judgment there
ia. upon such evidence talthuuuh the
saline may he cumulative or othcrl a.
shall reasonably satisfy said court that
any fraud, wron4, or injustice in the
premises has been done 10 the United
States; but until an order l. made stay
in@ The payment OF a Judgment, the same
>h.;i To- payable ami paid IT. now proyi-
d,,i hv law
SIC. ). And bc it further enacted,
That wherever il SHALL be material in any
-uil or claim before any court to aScer-
tain whether any person did or did not
giye any ala or comfort to the late re-
ocl.iou, the c!aiman. OF party asserting
t"t Loyalty OF any such person to the
United States during such rebellion. shall
he required 20 prove atiirmaiivcIy that
such person did. during said rebellion.
consistently adhere TO the United States.
and did GIVE no aid or comfort 10 persons
engaged in said rebellion and the vol
uutary residence OF amy such person IL
amy place where. nj amy time during such
residence. the rebel force CT organization
held sway, shall be pr:ma tac;e evidence
that >uch persoa did give all and COM
tort to said rebellion and 10 the persons
engaged therein.
SEC. 1. And be ii further enacted,
That no plaintiff or claimant. or any per-
son from or through whom any such
plaintiff OF claimant derives lis ALLEGED
il.r, claim or right against the United
States. or any person interested in any
such title, claim, or right shall be Il COM
petcnt witness in the court Of claims in
supporting any such title. claim, OF right.
and no testimony given by such plaintiff
claimant, or person shall be used Pro
vided, That the United States shall. /!
they see cause, have the right to examine
such plaintiff, claimant, or person as Il
witness under the regulations and with
the privileges provided in section eight of
;ne act passed March third, eighteen
hundred and sixty three, entitled AN
act 10 amend an act to establish court
ior the investigation OF claims against the
United States" approved February
twcnIy-iourih, eighteen hundred and fifty
five.
SEC. ). And be it further enacted,
That from and after the iirst day of July,
eighteen hundred and siNty-cight, the at
lorney general Of the United States for
tie time being shall, with his assistants,
attend to the prosecution and defence OF
all matters and suits in the courts OF
claims on behalf of the United States.
There shall be appointed by the preSi-
dent, by and with the advice and consent
of The senate, two assistant attorney gen.
erals, who shall hold their ollies for four
years respectively, unless sooner lawfully
removed, and whose salaries shall be four
thousand dollars each, per year, payable
quarterly, and who shall he in lieu Of the
solicitor. assistant solicitor, and deputy
solicitor OF the court of claims, and o.
the assistant attorney general now provi-
Ird for by law; and the existing offices
Ot solicitor, assistant solicitor, and depu-
" solicitor, of the court OF claims, and
OF assistant attorney general, are hereby
abolished from and after the first day Ot
July, eighteen hundred anil siNty-eght,
The attorney general shall have power
TO appoint Two additional clerks Of the
fourth class, and one clerk at salary
not exceeding two thousand dollars, i'll
his office.
SEC. 8. And be it further enacted,
That it shall also be the duty OF the said
attorney generals and his assistants, in all
cases brought against the United States
in said court OF claims founded upon any
contract, agreement, or transaction with
any executive department, OF any bureau,
officer, or agent of such department, or
where the matter or thing on which the
claim is based shall have been passed up
on and decided by any department, bu-
reau, or officer intrusted by law or de-
partment regulations with the settlement
and adjustment of such claims, demands,
or accounts to transmit 10 said depart
ment. bureau, or officer, as aforesaid, a
printed copy Of the petition filed by the
claimant in such case, with a request
that the said department, bureau or otii-
Ger to whom the same shall be so trans
mitted As aforesaid, will furnish to said
attorney general all facts, circumstances,
! and evidence touching said Claims as is