The Montana post., 1868-09-11
LAWS OF The UNITED STATES
FAsshD By THE
E'OI.tieth Congress
OFFICIAL
rPuBL1c-No. 45.l

AN ACT to provide for appeals from the
Court of Claims and FOR other purposes.
Be 1 enacted by tie Senate aud House
IF Representatives Of tie United .Stdtes
Of Anlericd tl Congress assembled.
That an appeal To the Supreme Court of
the United States shall be allowed on
behalf of abe United States from all the
final judgements of the said Court of
Claims adverse 10 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 ehacced, 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 ths final disposition of
any such suit or claim, may, on motion
on behalf of the United States, grant a
new trial in any such suit or claim and
stay the payment of any judgment there
in, upon such evidence Though the same
may be cumulative or other) as shall
reasonably satisfy the United States !;
but until an order is made staying the
payment of a judgment, the same shall
be payable and paid as now provided by
law.
Sec. 3. And be IL further enacted, That
whenever IL shall be material in any suit
or claim before any court to ascertain
whether any person did or did not give
any aid or comfort TO the lafe rebellion,
the claimant or party asserting the 10y
atty of any such person to the United
States during such rebellion, shall be re-
quired to prove afhrmatively that such
person did, during said rebellion, con-
sistently adhere to the United States,
and did give no aid or comfort to persons
engaged in said rebellion. and the vUlun-
tary residence of any such person in any
place where, at any time during such
residence, the rebel force or organization
held sway, shall be prima facie evidence
that such person did give aid and COM
fort 10 said rebellion anu to the persons
engaged therein. .. I..
SEC. 4. Ind be 1t 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 q competent wit
ness in the Court of Claims in supporting
any such title, claim, or right, and no
testimony given by such plaintiff, claim
ant, or person shall be used ProCided,
That the United States shall, if they see
cause, have the right to examine such
plaintiff, claimant, or person as a witness
under the regulations and with the priv
ileges provided in section eight of the act
passed March third, eighteen hundred
and sixty-three, entitled IAN act to
amend an act to establishes court for the
investigation of claims against the Uni
ted States" approved February twenty
fourth, eighteen hundred aud fifty-five.
SEC. 3. And be u further enacted, That
from and after the first day OF July, eigh-
teen hundred and sixty-eight, the Attor-
ney General of the United States for the
time being shall, with his assistants, at
tend to the prosecution and defence of all
matters and suits in the Court of Claims
on behalf of the United States. There
shall be appointed by the President, by
and with the advice and consent of the
Senate, two assistant Attorneys General,
who shall hold their offices for four years
respectively. unless sooner lawfully re-
moved, and whose salaries shall be four
thousand dollars each, per year. payable
quarterly, and who shall be in lieu ofthe