Year: 1867

peal on behalf of the United States, without
regard to the amount in controversy.


Sec. 6. And be it further enacted, That the
solicitor assistant solicitor, and deputy solicitor
Of said court shall hereafter be appointed 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 therefrom to the
supreme court; and no other fee or compensation
than the salary of said solicitor, and assistant
and deputy solicitors shall hereafter, in any case,
be paid to either of them, and no fee or compen
sation for services in either the supreme court
court of claims shall hereafter be allowed or paid
in any case by the United States.


Sec. And be it further enacted, That in all
cases of final judgments by said court, or on ap-
peal ty 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
satisfactson of private claims, on presentation to
the Secretary of the Treasury of copy of said
Judgment, certified by the clerk OF said court of
claims, and signed by the chief justice OF, in his
absence, by the presiding judge, OF said court
And in cases where the Judgment appealed from
is in favor of said claimant or the same is affirmed
by the said supreme court interest thereon at the
rate of five per centum shall be allowed from the
date of its presentation to the Secretary of the
Treasury for payment aforesaid, but no interest
shall be allowed subsequent the atfirmance
unless presented for payment to the Secretary OF
the Treasury US aforesaid: Provided, That no in
terest shall be allowed on any claim up to the
time of the rendition of the Judgment by said





STIMULATING for the payment of interest, and it
shall be the duty of the Secretary of the Treasury
at the commencement of each Congress, to in
clude in his report or [a] statement OF all sums
paid at the treasury on such judgments together
with the names of the parties in whose favor the
same were allowed: And it is further provided,
That such payments shall be full discharge to
the United States of all claim or demand touching
any of the matters involved in the controversy:
And provided further, That any final Judgment
rendered against the claimant on any claim pros
ccCtcQ aforesaid shall forever further
claim or demand against the United States arising
out of the matters involved in the controversy.


Sec. 8. And be it further enacted That it shall
be lawful for said court, at the instance of the
solicitor for the United States, to make order
in any pending in said court, directing that
the claimant or claimants in such casc or any one
or more of them, shall appear, upon reasonable
notice, before any commissioner of said court,
and be examined on oath or affirmation touching
any or all matters pertaining to said claim. And
the examination of such claimant claimants
shall be reduced to writing by the said commits
sioucr, and be returned to and filed in said court,
and may, at the discretion of the solicitor for the
the trial of said cause. And if any claimant o.
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 answer fully to all matters within his
knowledge material to the issue, the said court
may, in its discretion, order that the said cause
shall not be brought forward for trial until the
said claimant claimants shall have fully COM
piled with the order of said court in the premises


Sec. 9. And be it further enacted, That the
jurisdiction of the said court shall not extend to
include any claim against the Government not
pending in said court on the first day of Deccm-
ber Ammo Domini eighteen hundred and sXty-two,
growing out of or dependent on any treaty stip
ulaton entered into with foreign nations or with
the Indian tribes.


Sec. 10. And be it further enacted, That cv-
cry claim against the United States, cognizable
by the court of claims shall be forever barred
unless the petition setting forth 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 accrues; Provided,
That claims which have accrued six years before
the passage of this act shall not be barred if the
petition be filed in the court transmitted
aforesaid within three years after the passage of
this act And provided, further, That the claims
of married women first accrued during marriage,
of persons under the age of twentyone years first
accruing during minority, and of idiots lunatics,
insane persons, and persons beyond seas at the
time the claim accrued, 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 ceased but no other
disability than those enumerated shall prevent
any claim from being barred, nor shall any of the
said disabilities operate cumulatively.


Sec. II. And be it further enacted, That any
person or persons who shall cOrruptly practise or
attempt to practise any fraud against the tlni-
ted States in the proof, statement, establish
ment, allowance of any claim, or any part
of any claim against the United States, shall
ipso tacto forfeit the same to the Govern
ment and it shall be the duty of the court
of claims, in such cases, to find specifically that
such fraud was practscd or attempted to be prac
tised, and thereupon give judgment that such
claim is forfeited to the Government and that
the claimant be forever barred from prosecuting
the same. Appeals may be taken from the court
of claims to the supreme court, in all such cases,
on all questions of law in the manner herein pro-
vided for appeals in other cases.


Sec H. And be it further enacted, That any
petition filed under this act shall be verified by
the affidavit of the claimant, his agent, or attor
ney stating that assignment or transfer of said
claim, any part thereof, or any interest there
in, has been made, except as in said petition sta
ted; that said claimant is justly entitled to the
amount therein claimed from the United States,
after allowing all just credits and offsets; and
that he believes the facts stated in said petition
true: Provided, however, That in order to
authorize the said court to render Judgment in
favor of any claimant, if citizen of the United
States, it shall be set forth in the petition that
the claimant, and the original and every prior
has at all times borne true allegiance to the Gov
ernmcnt of the United States, and whether citi |
not that he has not in any way voluntarily |
aided, abetted, or given encouragement to rebel
lion against the said Government, which allega- |
tions may be traversed by the Government, and |
if ON the trial such issue shall be decided against
the claimant, his petition shall be dismissed.


Sec. 13. And be it further enacted, That all |
laws and parts lof laws] inconsistent with the
provisions of this act are hereby repealed.


Sec. a. And be it further enacted, That no |
money shall be paid out of the treasury for any |
claim passed upon by the court of claims till at,
ter an appropriation therefor shall be estimated |
for by the Secretary of the Treasury.


Approved, March 3, 1868.


CHAP XCIII
An At to give greater Efficiency to the Judicial |


System of the United States.


Be it enacted by the Senate and House of Rep |
resentatives of the United States of America in
Congress assembled, That whenever the judge of
the supreme court for any circuit from disa bity,
absence, the accumulation of business in the cir
cult court in any district within his circuit, or
from his having been of counsel or being interes-
ted in any case pending in such circuit court, or
from any other cause, shall deem it advisable that
the circuit court in such district shall be holden
by the Judge of any other circuit he may request,
in writing, the judge of any other circuit to hold
the circuit court in such district during time to
be named in such request and such request shall
be entered upon the journal of the circuit court
so to be holden. And thereupon it shall be law
full for the judge SO requested to hold the circuit
court in such district and to exercise all the pow
ers of the judge of such circuit within and for
such district during the time named in such re-
quest.


Sec. 2. And be it further enacted, That the
Judge of any circuit may order any civil cause
certified into any circuit court within his circuit
from any court of the United States, to be certi-
fed back to the court whence it came; and in
such case such cause shall be proceeded in by
such court, in all respects as if the had not
been certified from it: Provided, That If from
any cause it shall be improper for the judge of
such court to try any such cause certified back,
the same shall be tried by scme other Judge hold
ing such court, pursuant to the provisions of this