Year: 1863

class Oh cases, OF IuTnlSn u precedent LOT Iu-
ture action of any executive department Of
the Government in the adjustment of such
class of cases, or a constitutional question,
and such facts shall be certified to by the
presiding justice of the court of claims. the
supreme court shall entertain an appeal on
behalf of the United States, without regard
to the amount in controversy.


Sec 6. Ind be ii further enacted That
the solicitor, assistant solicitor, and deputy
solicitor of said court, shall hereafter be ap-
pointed by the President, by and with the
advice and consent of the Senate, and it
shall be their duty faithfully and diligently
to defend the United States in all matters
and cases before said court of claims and
in all cases taken by appeal thcrefrom to the
supreme court and no other fec or compen-
sation than the salary of said solicitor, and
assistant AMI deputy solicitors, shall. here
after, in any case, be paid to either of them,
and no fee or compensation for services in
either the supreme court or court of claims
shall hereafter be allowed or paid in any case
by the United States.


Sec. I. and be it .furthcr enacted, That
in all cases of final judgments by said court
Or on appeal by the said supreme court where
the same shall be affirmed in favor of the
claimant, the sum due thereby shall be paid
out of any general appropriation made by
law for the payment and satisfaction of pri-
vatc claims, on presentation to the Secretary
of the Treasury of a copy Of said judg-
ment, certified by the clerk of said court Of
claims, and signed by the chief justice, or.
in his absence, by the presiding judge. Of
said court And in cases where the judg-
mcnt appealed from is in favor of said claim
ant, or the same is affirmed by the said SUI
premc court, interest thereon at the rate Of
five per ccntum shall be allowed from the
date of its presentation to the Secretary of
the Treasury for payment as aforesaid, but
no interest shall be allowed subsequent to
the afirmancc, unless presented for payment
to the Secretary of the Treasury as afore-
said Pyoyided, That no interest shall be
allowed on any claim up to the time of the
rendition of the judgment by said court of
claims, unless upon contract expressly stip-
ulating for the payment of interest, audit
shall be the duty of the Secretary Of the
Treasury, at the commencement of each Con-
gress. to include in his report or state
mcnt of all sums paid at the treasury on
such judgments, together with the names of
the parties in whose favor the same were al
lowed And 1t is ,farther prOrided, That
such payments shall be full discharge to the
United States of all claim or demand touching
any of the matters involved in the contro-
vcrsy: ind Prorided further, That any
final judgment rendered against the claimant
on any claim prosecuted as aforesaid shall
forever bar any further claim or demand
against the United States arising out Of the
matters involved in the controversy.


Sec 8. And be It further eaactcd, That
it shall be lawful for said court. at the in
stance of the solicitor for the United States,
to make an order in any case pending in
said court, directing that the claimant or
claimants in such case, or any one or more
of them, shall appear. upon reasonable no.
,ice, before any commissioner Of said court,
and be examined ON oath or affirmation
touching any nr all matters pertaining to
said claim. And the examination Of such
claimant or claimants shall be reduced to
writing by the said commissioner, and be re-
turned to and fled in said court. and may,
at the discretion of the solicitor for the Uni
ted States, be read and used as evidence on
the trial of said cause. And if any claim
ant or claimants, after such order has been
made, and due and reasonable notice thereof
given to him or them. shall fail to appear or
shall refuse to testify or answer fully as to all
matters within his knowledge material to the
issue, the said may, in its discretion, order
that the said cause shall not be brought for
ward for trial until the said claimant or
claimants shall have fully complied with the
- :.,<


Sec. Q. And be 1t further enacted, That
the jurisdiction of the said court shall not.
extend to or include any claim against the
Government not pending in said court on the
first day of December, Ammo Domini eight
cen hundred and sixty-two, growing out Of
or dependent on any treaty stipulation en-
tered into with foreign nations or with the
Indian tribes.


Sec. 10. And be 1t further enacted, That
every claim against the United States, cog
nizablc by the court Of claims, shall be for
ever barred unless the petition setting forth
a statement of the claim be filed in the court
or transmitted to it under the provisions of
this act within six years after the claim first
accrucs: Prov,desl, That claims which have
accrued six years before the passage of this
act ShaII not DC Oarreu II inc petItiOn Oe Hieu
in the court or transmitted as aforesaid with
in three years after the passage Of this act :
Ind, prorided, further. That the claims Of
married women first accrued during mar
rage, of persons under the age of twenty
one years first accruing during minority, and
of idiots, lunatics, insane persons, and per-
sons beyond seas at the time the claim &C.
crued, entitled to the claim, shall not be
barred if the petition be filed in the court or
transmitted. as aforesaid, within three years
after the disability has ceasedi but no other
disahilifx than those enumerated shall nre.