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twenty-one years first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the 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, às 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, 1072. The claimant shall, in all cases, fully set forth 1, v. 10, p. 012; in his petition the claim, the action thereon in Congress, or Mar. 3, 1803, s. 12, by any of the Departments, if such action has been had; v. 12, p. 767.
what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested; that no assignment or transfer of said claim, or of any part thereof or interest therein, has been made, except as stated in the petition; that said claimant is justly entitled to the amount therein claimed from the United States, after allowing all just credits and offsets; that the claimant, and, where the claim has been assigned, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to the Government of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government, and that he believes the facts as stated in the said petition to be true. And the said petition shall be verified by the affidavit of the claimant, his agent, or attorney.
SEC. 1073. The said allegations as to true allegiance and missed, if issue found" against voluntary aiding, abetting, or giving encouragement to claimant as to al rebellion against the Government may be traversed by the
Mar. 3, 1863, s. Government, and if on the trial such issues shall be de12, v. 12, p. 767.
cided against the claimant, his petition shall be dismissed. Burden of proof SEC. 1074. Whenever it is material in any claim to ascerand evidence as to loyalty. tain whether any person did or did not give any aid or
June 25, 1868.9. comfort to the late rebellion, the claimant asserting the 3, v. 15, p. 75.
loyalty of any such person to the United States during such rebellion shall be required to prove aflirmatively that such person did, during said rebellion, consistently adhere to the United States, and did give no aid or comfort to persons engaged in said rebellion; and the voluntary 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 comfort to said rebellion and to the persons engaged therein.
SEC. 1076. The said court shall have power to call upon mens tor" infor: any of the Departinents for any information or papers it
deem necessary, and shall have the use of all recorded Feb. 24, 1855, 8.
may 11, v. 10, p. 614. and printed reports made by the committees of each House
of Congress, when deemed necessary in the prosecution of its business. But the head of any Department may refuse and omit to comply with any call for information or papers when, in his opinion, such compliance would be injurious to the public interest.
Power to call
Mar. 3, 1863, s.
motion of claim. ant.
Feb. 24, 1855, s.
2, v. 15, p. 75.
SEC. 1086. Any person who corruptly practices or at Claims forfeited tempts to practice any fraud against the United States in the proof, statement, establishment, or allowance of any se acl'of Apr.
11, v12, p. claim, or of any part of any claim against the United 30, 1878. States, shall ipso facto forfeit the saine to the Government; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced, and therenpon to give judginent that such claim is forfeited to the Government, and that the claimant be forever barred from prosecuting the same.
SEC. 1087. When judgment is rendered against any claim- New trial on ant, the court may grant a new trial for any reason which, by the rules of common law or chancery in suits between
9, v. 10, p. 614. individuals, would furnish sufficient ground for granting a new trial.
SEC. 1088. The Court of Claims, at any time while any New trial on claim is pending before it, or on appeal from it, or within motion of Uniteti two years next after the final disposition of such claim, may, June 25, 1898, s. on motion on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to 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, 1089. In all cases of final judgments by the Court Payment of of Claims, or, on appeal, by the Supreme Court, where the ""Mar.3, 1863, s. same are aflirmed in favor of the claimant, the sum due: 12, 15760; thereby shall be paid out of any general appropriation 18, p. 481. made by law for the payment and satisfaction of private 1875, claims, on presentation to the Secretary of the Treasury of Claims. a copy of said judgment, certified by the clerk of the Court of Claims, and signed by the chief justice, or, in his absence, by the presiding judge of said court.
SEC. 1090. In cases where the judgment appealed from is in favor of the claimant, and the same is affirmed by the 7, v. 12, p. 766. 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 as aforesaid, but no interest shall be allowed subsequent to the affirmance, unless presented for payment to the Secretary of the Treasury as aforesaid.
SEC. 1091. No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the Court of Claims, unless upon a contract expressly stipulating for the payment of interest.
SEC. 1092. The payment of the amount due by any judg. Payment of ment of the Court of Claims and of any interest thereon discharge, etc. allowed by law, as hereinbefore provided, shall be a full Idem. discharge to the United States of all claim and demand touching any of the matters involved in the controversy.
SEC. 1093. Any final judgment against the claimant on Final judg. any claim prosecuted as provided in this chapter shall for maat... bar. ever bar any further claim or demand against the United
See March 3,
States arising out of the matters involved in the contro
versy. Mar. 3, 1877. There shall be taxed against the losing party in each and
Cost of print- every cause pending in the Supreme Court of the United ing record to be States or in the Court of Claims of the United States, the taxed against losing party: cost of printing the record in such case, which shall be
Mar. 3, 1877.ch. collected, except when the judgment is against the United 105, s. 1, v. 19, P.
States, by the clerks of said courts, respectively, and paid
into the Treasury of the United States. Apr. 30, 1878. No claim shall hereafter be allowed
by the Claims not to Court of Claims
to any person, where such be allowed where claimant, or those under whom he claims, shall wilfully, lontly claimed knowingly, and with intent to defraud the United States, Apr. 30, 1878, have claimed more than was justly due in respect of such ch. 27, s. 2, v. 20, claim or presented any false evidence to Congress, or to
any Department or court, in support thereof. Mar. 3, 1883. That whenever a claim or matter is pending before any
Stat. L., 1881- committee of the Senate or House of Representatives, or 1883, v. 22.
before either House of Congress, which involves the investiReference of claims pending gation and determination of facts, the committee or house before Congress. may cause the same, with the vouchers, papers, proofs, and
documents pertaining thereto, to be transmitted to the Court of Claims of the United States, and the same shall there be proceeded in under such rules as the court inay adopt. When the facts shall have been found, the court shall not enter judgment thereon, but shall report the same to the committee or to the house by which the case was
transmitted for its consideration. Reference of SEC. 2. That when a claim or matter is pending in any claims pending of the Executive Departments which may involve contro. Departments. verted questions of fact or law, the head of such Depart
ment may transmit the same, with the youchers, papers, proofs, and documents pertaining thereto, to said court, and the same shall be there proceeded in under such rules as the court may adopt. When the facts and conclusions of law shall have been found, the court shall not enter judgment thereon, but shall report its findings and opinions to the Department by which it was transmitted for its
guidance and action. Claims SEC. 3. The jurisdiction of said court shall not extend to
the diction of the or include any claim against the United States growing court.
out of the destruction or damage to property by the Army or Navy during the war for the suppression of the rebellion, or for the use and occupation of real estate by any part of the military or naval forces of the United States in the operations of said forces during the said war at the seat of war; nor shall the said court have jurisdiction of any claim against the United States which is now barred by virtue
of the provisions of any law of the United States. Claims for sup
SEC. 4. In any case of a claim for supplies or stores taken plies, etc., fur. nished for the by or furnished to any part of military or naval forces of suppression of the United States for their use during the late war for the the rebellion.
suppression of the rebellion, the petition shall aver that the person who furnished such supplies or stores, or from whom such supplies or stores were taken, did not give any
aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact; and unless the said court shall, on a preliminary inquiry, find that the person who furnished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States througbout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, be dismissed.
SEC. 5. That the Attorney-General, or his assistants, Defense, etc. under his direction, shall appear for the defense and pro- States. tection of the interests of the United States in all cases which may be transmitted to the Court of Claims under this act, with the same power to interpose counter-claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is now required to defend the United States in said court.
SEC. 6. That in the trial of such cases no person shall be Parties in inter: excluded as a witness because he or she is a party to or
est muy testify. interested in the same. SEC. 7. That reports of the Court of Claims to Con
Continuation gress under this act, if not finally acted upon during the Mar. 3, 1883, session at which they are reported, shall be continued from chap. 116, session to session and from Congress to Congress until the same shall be finally acted upon.
pers, periodicals, etc.
SEC. 192. The amount expended in any one year for newspapers, for any Department, except the Department of State, Expenditure including all the Bureaus and offices connected therewithi,
Aug. 26,1812, s. shall not exceed one hundred dollars. And all newspapers 16, v. 5, p. 526. purchased with the public money for the use of either of the Departments must be preserved as files for such Department.
SEC. 1779. No executive officer, other than the heads of Departments, shall apply more than thirty dollars, annually, Expendituro out of the contingent fund under his control, to pay for ToMar. 3, 189, . newspapers, pamphlets, periodicals, or other books or prints 3, v.5, p. 349. not necessary for the business of his office.
SEC. 193. The head of each Department shall make an Annual report annual report to Congress, giving a detailed statement of of expenditure the manner in which the contingent fund for his Depart. funds. ment, and for the Bureaus and offices therein, has been s.20, v.5, p. 527. expended, giving the names of every person to whom any portion thereof has been paid; and if for anything furnished, the quantity and price; and if for any service rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service necessary; and the amount of all former appropria
Aug. 26, 1812,
Seo June 20, 1874.
returns or re.
tions in each case on hand, either in the Treasury or in the hands of any disbursing officer or agent. And he shall require of the disbursing officers, acting under his direction and authority, the return of precise and analytical statements and receipts for all the moneys which may have been from time to time during the next preceding year expended by them, and shall communicate the results of such returns and the sums total, annually, to Congress.
SEC. 430. Allestimates for * * contingent expenses Estimates for of the Department, and of the several Bureaus, shall be expenses. July 5, 1862, s.
furnished to the Secretary of the Navy by the chiefs of the 5, v. 12, p. 511. respective Bureaus.
See sec. 3666, Appropriations.
Failure to make SEC. 1780. Every officer who neglects or refuses to make ports.
any return or report wbich he is required to make at stated „July 18, 1866, s. times by any act of Congress or regulation of the Depart42, v. 14, p. 188.
ment of the Treasury, other than his accounts, within the time prescribed by such act or regulation, shall be fined not more than one thousand dollars and not less than one
hundred. Title 41. SEC. 3676. All appropriations for * contingent Appropriations expenses for the Navy Department shall be under the concontrolled by Sec. trol and expended by the direction of the Secretary of the renury be kept Navy, and the appropriation for each Bureau shall be kept separate. July 5, 1862, s.
separate in the Treasury. 5, v. 12, p. 511.
Restrictions on contingent, etc.,
SEC. 3682. No moneys appropriated for contingent, inci. appropriations." dental, or miscellaneous purposes shall be expended or paid
July 12,1870, s. for official or clerical compensation.
SEC. 3683. No part of the contingent fund appropriated contingent funds restricted. to any Department, Bureau, or office, shall be applied to 19, v. 5, p. 527. 15:2052912, 9. the purchase of any articles except such as the head of the
Department shall deem necessary and proper to carry on the business of the Department, Bureau, or office, and shall,
by written order, direct to be procured. June 20, 1874. Hereafter a detailed statement of the expenditure for
Statement ofox. the preceding fiscal year of all sums appropriated for coupenditures to be reported at begin. tingent expenses in any Department or Bureau of the ning of session. Government, shall be presented to Congress at the beginarts, V. 18, p. 355; ning of each regular session. 1. 19, p. 156-306; June 20, 1874, v. 18, p. 83, and subsequent acts.
See noto 2. Aug. 7, 1882. And no civil officer, clerk, draughtsman, copyist, mesContingent fund senger, assistant messenger, mechanic, watchman, laborer, not to be used to or other employé shall hereafter be employed at the seat of pay clerks, etc.
government in any executive department or subordinate
Note 1.-The paval appropriation act of August 5, 1882, forbids paying from the contingent fund of the Navy for personal services in the Navy Department or any of its subordinate bureaus or oflices in the District of Columbia.
Note 2.— The Secretary of the Navy can draw on the contingent fund for purposes ofra contingent character, that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provide for definitely. (Op., I, 302, Wirt.)
The words "contingent expenses," as used in the appropriation acts, mean such incidental, casual expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of the Department or the office for which the appropriation is made. (Op., XVI, 412, Devens, Dec. 19, 1879.)
See noto 1.