Year: 1867

An Act to amend An Act to establish Court


for the Investigation of Claims against the Uni


ted States,' approved February twenty-fourth,


eighteen hundred and fifty-fve.


Be it enacted by the Senate and House of Rep
rescntatives, of the United States of America in
Congress assembled, That there shall be appoint
ed by the President, by and with the advice and
consent of the Senate two additional judges for
the said court, to hold their offices during good
behavior, who shall be qualified in the same man
ner, discharge the sarHe duties, and receive the
same compensation, as now provided in reference
to the judges of said court; and that from the
whole number of said judges the President shall
in like manner appoint chief justice for said
court.


See 2 And be it further enacted, That all peti-
tions and bills pr 'ying or providing for the salts
faction of private claims against the Government,
founded upon any law of Congress, or upon any
regulation of an executive department, or upon
any contract, express or implied, with the Govern
ment OF the United States, shall, unless otherwise
ordered by resolution of the house in which the
same are presented or introduced, be transmitted
by the secretary of the Senate the clerk of the
House of Representatives, with all the accom-
panying documents, to the court aforesaid.


Sec. 3. And be it further enacted, That the said
red by law, shall also have jurisdiction of all set
offs, counter-clams, claims for damages, whether
liquidated unliquidated, or other demands
whatsoever, the part of the Government
against any person making claim against the Gov
crnment in said court and upon the trial of any
such cause it shall hear and determine such claim





and claimant; and if upon the whole case it finds
that the claimant is indebted to the Government,
it shall under [render] Judgment to that effect,
and such Judgment shall be final, with the right
of appeal, in other cases herein provided for
Any transcript of such Judgment, filed in the
clerks office of and district or circuit court of
the United States shall be entered upon the re-
cords of the same, and shall ipso facto become
and be Judgment of such district or circuit
court, and shall be enforced in like manner as
other judgments therein.


Sec f. And be it further enacted, That the said
court of claims shall hold one annual session,
commencing on the first Monday in October in
each year, and continuing so long may be neces-
sary for the prompt disposition of the business
of the court. The said court may prescribe rules
and regulations for practice therein, and it may
punish for contempt, in the manner prescribed
by common law. 1t may appoint commissioners,
and may generally exercise such powers as are
necessary to carry out the powers herein granted
to it. The Judges, solicitoas, and clerks of said
court shall be admitted to the use of the congress
sional library, and also the law library, until
law library be provided for them. The said court
may appoint bailitf, who shall hold his Office
during four years, unless sooner removed by said
court for cause, and who shall receive salary of
one thousand dollars, payable quarterly. The
Judges and clerks of said court may administer
oaths and affirmations take Acknowledgements of
instruements in writing, and give certificates of
the same. Said court shall have seal, with such
device as it may order. Members of either house
Of Congress shall not practice in said court of
claims.


Sec s. And be it further enacted That either
party may appeal to the supreme court of the
United States from any final judgment or decree
which may hereafter be rendered in any case by
said court wherein the amount in controversy
exceeds three thousand dollars, under such regu-
lations as the said supreme court may direct
Provided, That such appeal shall be taken with
IN ninety days after the rendition of such Judg-
ment or decree: And provided, further, That
when the Judgment decree will affect class of
cases. or furnish precedent for the future action
of any executive department OF the Government