Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-07-11
LAWS OF fHB UNIFIED STATES,
Passed at Second oeaion Of foristh Congress
PUBLlo-No. SS.1

An ACI 70 pfovsoe foY apI rails from the Cour
OF Gains, and for o.her purposes
Be it esaefed ty tAe S,aate and hou,, of R>pr,.
stnfafsses " As United States Of Aney.oa ss Ce.-
eress ass, Mtled. That an appeal to the Suprem.
Court Of the United State shall be allowed oa
behalf OF the United States lnom all lhv final
judgments of TIE said Court OF Claim , nd yer.e
70 the Unifed States. whether such indgmen,s
shall have been rendered by yir.ue OF tue ZEN.
eral or any special power or iurisdictlol OF
said court under toe limitations nov prov I'd
by law Tor other cases Of appeal IRON said
court.
Sac. 2: And be IL further enacted, That said
Court 4 CLAIMS. at any time while any SUIT or
clam is pending before OF on appeal rom said
coui OF within two years next after the final
dispos lion 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 or any Judgment therein. upon
such evidence (although the same may De Gu
muistive or otber) as shall reasonably ga isfy
saio court that any fraud, wrong, or m Justice
IN the pre- misses has been done TO the nited
Stits; but until an ors'er s made staying the
payment OF judgment, the same shall be pay-
able and paid as now provided by law
SEC. ,. And be IL fsriher enacted That when
ever 1t shall be material in any suit CT claim
before any court TO ascertain WHITTIER any per-
son did or did not give any aid or comfort to
the La e rebellion, the claimant or party assert
ing the loyalty Of any such person 20 the uited
States during such rebellion, shall be reauirrd A
to prove affirmatively that such person dad,
during said rebellion. consistc ntly adhere 10
the United States, and did siye no aid or COM
fort to persons engaged in SAID rebellion; and
the voluntary residence Of any such person in
any place where, at any time during such resi-
dence, the rebel force or organization held
sway, shall BE- prima facie evidence that such
person did give aid and comfort TO said REBEL
hon and to the persons engaged therein.
SEC. L. And De az further enacted, That no
plaintiff or claimant, or any person from or
through whom any such plaintiff or claimant
derives his alleged title. clam or right agalnst
the Unred States, or any person Interested in
n lalr nr tuht hall
petent witness In the Court Of Claims in sup
porting any such title, CLAIM. or right, ana no
testimony given by such plaintiff claimant, or
person shall be used: Procided, That the I'm.
ted States shall, if they see cause have the
right 10 examine such plaintiff, claimant or
person as a witness under the regulations and
of the act passed March third, eighteen INN
dred and sixty-three, entitled An act TO
ame1d an ect 10 establish a court for the in
yesfigaiion OF clsims against the Uni ed Siates'
hundred and fifty five.
SEC. S. And be IL further enacted That fro
and after the first day of July, eighteen hr -
dred ard sixty -eight, the Attorney General of
the United States fof the time being shall with
bis assistants, attend 10 the prosecut and de-
fence OF all matters and suits in the Courts of
Claims on behalf Of the United States. There
shall be appointed by the President. by and
with the ad vice and consent Of fhe Senate, two
assistant Attorneys General. who shlll hold
their offices for four years respectively, unless
shall be 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 CT solicitor, as.
sistant solicitor, and deputy solicitor, of the
Court OF Claims, and Of Assistant Attor-
ney General. are hereby abolished from
and ate the first day Of July, eighteen hun
dr,d and sixty-eisht. The Attorner Generr'
81 III haye power 10 appoint two additio. al
M tha fr.. Ala
sairry not eIccedirg two thousand dollars, n
his office.
SIC. 6. And be 1t further enacted, That il shall
also be the duty of the said Attorney General
and his assistants, in all cases brought against
the InlfCd States in sid Court OF CIrims
louuCed upon any contract, agreement, or
transaction with any executive department. or
any bureau, ofncer, or agent of such depsrt.
ment, or where the matter or thing on which
the claim Is based shall have been passed upoo
and decid' by any department., bureau, or
tions with the settlement and adjustment of
such cleir, demands, or accounts, TO transmi:
10 said department, bureau, or ofncer, as afore-
ss,d, printed copy Of the petition filed by the
clslmant In such case, with q request that the
ssid department, bureau. or ofncer to whom the
came shall be so transmitted as aforesaid. will
furnish the said Attorney General all facts, cir
cumstaIees and evidence touching said ci .im
as ls or may ee in the posse ssion or knowledge
OF the said department, bureau, or officer: and
II shall be the duty Of the taid department,
be transmitted and such request preferred rs
aforesaid. without delay, and within a reason.
ao time, TO ful nish said At Drney General
with full sta, .mer Of all the lacts, informa-
ton, and proofs which are or may be within
the knowledge or in the possession Of said de-
partment, bureau, or oficsr, RELAXING 70 the
claim aforesaid. Such e'1tement shall s,so
contain q reference to or de cription Of
all Official documents or papers, II any. NAV
or do fufris proof Of facts referred to in said
statement or that may be necessary and proper
Tor the defense of the UnitS States against the
said clam. together with the department, Office.
or place where the same is kept or may be pro-
cured. And IL the said clam shall have been
passed upon and decided by the said depart
ment bureau, or ofhcer, the statement OF
answer to be transmitted TO said Attorney
General, as hereinbefore provided, shall sue.
clnctiy state the reasons and principles upon
which such decision shall have been based In
all cases where such decision shall have been
made upon any act Of Congress, or upon
any section or clause Of such act, the same
snail be cited specifically. And NJ any previous
Interpretation or construction shall have been
gwen TO such act, section, clause, by the said
department or bureau transmitting such state
ment, the ssTe shall be = forth succinctiy in
SAID statement, and copy OF the opinion filed,
II any, shall be annexed 70 such statement and
transmitted with the same to the Attorney Gen.
eral Aforesaid. And where any decision in the
case shall have been BASED upon any regulation
OF an executive department, or where such rrg-
ulaffon shall or may, IN the opibion OF the de-
partment, bureau, or officer Transmitting such
e'n&uifut, nave any Dealing upon the claim IN
suit ihe same shall be distinctly referred 10 and
quoted in extenso in the statement transmitted
TO said Attorney General: Pyvuided, hcscerer
That W here there shall be pending in said court
more tnan one case, or q cfess Of cases, the de.
fence to which shall rest upon the ssme facts
Gil cumstances, and proofs, the said department.
bureau, or ofhcer shall only be required to certi-
~ and transmit one statement of the same and
such statement shall be held to apply to all such
classes OF cases as il made out, certified and
tran smhted in each case respectively.
i SEC. q. And be IL fuTtier enacted, That il shall
and may be lawful for the head of any exec.
uuye department, whenever any claim is made
upon said depar ment in volvIng disputed facts
or controverted questions Of law, where the
amount In controversy exceeds three thousand
dollars, or where the decision will affect class
OF cases or furnish precedent for the future
acuon OF any executive department in the ad-
Justment OF q class Of cases, without regard 70
the amount involved In the particular case. or
where any authority, right, privilege, or exemp.
ton 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 70 the
Court OF Claims, and the same shall be there
proceeded IN as If originally commenced by the
voluntary action Of the claimant And the
Secretary OF the Treasury may, upon the cer-
ti6cate Of any Auditor or Comptroller of the
Treasury, direct any account. matter, or clam
Of the character, amount, or class described or
limited IN this section TO be transmitted, with
all the vouchers, papers, documents, and
proofs pertaining thereto, to the said Court of
Chains, for trial and adjudicatson: Provided
hosceper, That no case shall be referred by auy