of Mar. 3, 1883. See sec. 3, act ter two hundred and twenty-five, being an act in addition thereto: Provided, That the remedy given in cases of seizure under the said acts, by preferring claim in the Court of Claims, shall be exclusive, precluding the owner of any property taken by agents of the Treasury Department as abandoned or captured property in virtue or under color of said acts from suit at common law, or any other mode of redress whatever, before any court other than said Court of Claims: Provided also, That the jurisdiction of the Court of Claims shall not extend to any claim against the United States growing out of the destruction or appropriation of, or damage to, property by the Army or Navy engaged in the suppression of the rebellion. Private claim 3 in Congress, Claims. 2, v. 12, p. 765. SEC. 1060. All petitions and bills praying or providing when transimit for the satisfaction of private claims against the Governted to Court of ment, founded upon any law of Congress, or upon any reg. Mar. 3, 1863, s. ulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the United States, shall, unless otherwise ordered by resolution of the House in which they are introduced, be transmitted by the Secretary of the Senate or the Clerk of the House of Rep resentatives, with all the accompanying documents, to the Court of Claims. Judgments for set-offor counter forced. Idem, s. 3. offs. en SEC. 1061. Upon the trial of any cause in which any setclaim, how off, counter-claim, claim for damages, or other demand is set up on the part of the Government against any person See Mar. 3, 1875, making claim against the Government in said court, the Claims as to set- Court shall hear and determine such claim or demand both for and against the Government and claimant; and if upon the whole case it finds that the claimant is indebted to the Government, it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided for by law. Any transcript of such judgment, filed in the clerk's office of any district or circuit court, shall be entered upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such courts are enforced. SEC. 1062. Whenever the Court of Claims ascertains the facts of any loss by any paymaster, quartermaster, comMay 9, 1866, s. missary of subsistence, or other disbursing officer, in the cases hereinbefore provided, to have been without fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper accounting officers of the Treasury shall allow to such officer the amount so decreed, as a credit in the settlement of his accounts. ac Decree on counts of paymasters, &c. 2, v. 14, p. 44. S. Claims referred by Departments. SEC. 1063. Whenever any claim is made against any June 25, 1868, Executive Department, involving disputed facts or controverted questions of law, where the amount in contro 8. 7. v. 15, p. 76. See note 1. Note 1.-The head of a Department may refer a claim direct to the Court of Claims, and he does not waive his right to send a claim there by allowing it in the first instance to be passed upon by the accounting officers of the Treasury. (C. C., V, p. 64.) The head of a Department may transmit a claim to the Court of Claims under section 1063, R. S., after the Auditor and Comptroller of the Treasury have settled it and certified a balance due the claimant. (C. C., XII, 319.) The head of an Executive Department can not transmit a claim to the Court of Claims under section 1063, on the ground that it involves disputed facts or controverted questions of law, if he is forbidden by law to pay the claim. (C. C., XV, 414.) versy exceeds three thousand dollars, or where the decision will affect a class of cases, or furnish a precedent for the future action of any Executive Department in the adjustment of a class of cases, without regard to the amount involved in the particular case, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution of the United States, the head of such Department may cause such claim, with all the vouchers, papers, proofs, and documents pertaining thereto, to be transmitted to the Court of Claims, and the same shall be there proceeded in as if originally commenced by the vol. untary action of the claimant; and the Secretary of the Treasury may, upon the certificate of any Auditor or Comptroller of the Treasury, direct any account, matter, or claim, of the character, amount, or class described in this section, to be transmitted, with all the vouchers, papers, documents, and proofs pertaining thereto, to the said court, for trial and adjudication: Prorided, That no case shall be referred by any head of a Department unless it belongs to one of the several classes of cases which, by reason of the subject-matter and character, the said court might, under existing laws, take jurisdiction of on such voluntary action of the claimant. See act Mar, 3, 1883. cases transmit June 25, 1868, SEC. 1064. All cases transmitted by the head of any Procedure in Department, or upon the certificate of any Auditor or ted by DepartComptroller, according to the provisions of the preceding ments. section, shall be proceeded in as other cases pending in the s. 7, v. 15, p. 76. Court of Claims, and shall, in all respects, be subject to the same rules and regulations. cases transmit Idem, and Mar. SEC. 1065. The amount of any final judgment or decree Judgments in rendered in favor of the claimant, in any case transmitted ted by Departto the Court of Claims under the two preceding sections, ments, how paid. shall be paid out of any specific appropriation applicable a, 1875, v. 18, p. to the case, if any such there be; and where no such 481. appropriation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court. in other courts Claims. SEC. 1067. No person shall file or prosecute in the Court Claims pending of Claims, or in the Supreme Court on appeal therefrom, not to be prose any claim for or in respect of which he or any assignee of cuted in Court of his bas pending in any other court any suit or process June 25, 1868, s. against any person who, at the time when the cause of 8. v. 15, p. 677. action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, mediately or immediately, under the authority of the United States. SEC. 1069. Every claim against the United States, cognizable by the Court of Claims, shall be forever barred unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives as provided by law, within six years after the claim first. accrues: Provided, That the claims of married women first accrued during marriage, of persons under the age of Note 1.-The statute of limitations prescribed by the amended Court of Claims act (Mar. 13, 1863, 12 Stat. L., 765, § 10) does not extend to claims in the Executive Departments. (C. C., XIV, 149.) 10, Limitation. v. 12, p. 767. See note 1. Petition. Feb. 24 1855, s. v. 12, p. 767. 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, 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. 1072. The claimant shall, in all cases, fully set forth 1, v. 10, p. 612; in his petition the claim, the action thereon in Congress, or Mar. 3, 1863, s. 12. by any of the Departments, if such action has been had; 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. Petition dismissed, if issue legiance, etc. Burden of proof and evidence as to loyalty. 3, v. 15, p. 75. SEC. 1073. The said allegations as to true allegiance and 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. SEC. 1074. Whenever it is material in any claim to ascertain whether any person did or did not give any aid or June 25, 1868, s. comfort to the late rebellion, the claimant asserting the loyalty of any such person to the United States during such rebellion shall be required to prove affirmatively 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. Power to call upon Depart mation. Feb. 24, 1855, s. 11, v. 10, p. 614. SEC. 1076. The said court shall have power to call upon ments for infor- any of the Departments for any information or papers it may deem necessary, and shall have the use of all recorded 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. Claims forfeited for fraud. 11, v. 12, p. 767. See act of Apr. 30, 1878. SEC. 1086. Any person who corruptly practices or attempts to practice any fraud against the United States in the proof, statement, establishment, or allowance of any claim, or of any part of any claim against the United States, shall ipso facto forfeit the same 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 thereupon to give judgment 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 individuals, would furnish sufficient ground for granting a new trial. motion of claimant. Feb. 24, 1855, s. 9, v. 10, p. 614. New trial on States. SEC. 1088. The Court of Claims, at any time while any claim is pending before it, or on appeal from it, or within motion of United two years next after the final disposition of such claim, may, June 25, 1868, s. on motion on behalf of the United States, grant a new trial 2, v. 15, p. 75. 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. Payment of judgments. Mar. 3, 1863, s. v. 12, p. 766; p. 481. Mar. 3, 1875, v. See March 3, 1875, under SEC. 1089. In all cases of final judgments by the Court of Claims, or, on appeal, by the Supreme Court, where the same are affirmed in favor of the claimant, the sum due thereby shall be paid out of any general appropriation 18, made by law for the payment and satisfaction of private 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. Interest. 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 judgment of the Court of Claims and of any interest thereon allowed by law, as herein before provided, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the controversy. Interest claims. Payment of judgment a full discharge, etc. Idem." Final judg SEC. 1093. Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall for- ment a bar. ever bar any further claim or demand against the United Idem. Mar. 3, 1877. States arising out of the matters involved in the controversy. 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 105, s. 1, v. 19, p. collected, except when the judgment is against the United States, by the clerks of said courts, respectively, and paid into the Treasury of the United States. Mar. 3, 1877, ch. 344. more is fraudu 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, lently claimed knowingly, and with intent to defraud the United States, than is due. have claimed more than was justly due in respect of such ch. 77, s. 2, v. 20, claim or presented any false evidence to Congress, or to any Department or court, in support thereof. Apr. 30, 1878, p. 524. 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 investiclaims pending gation and determination of facts, the committee or house before Congress. may cause the same, with the vouchers, papers, proofs, and Reference of Reference of with Executive 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 may 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. SEC. 2. That when a claim or matter is pending in any claims pending of the Executive Departments which may involve controDepartments. verted questions of fact or law, the head of such Department may transmit the same, with the vouchers, 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 not within the jurisdiction of the court. Claims for sup plies, etc., fur the rebellion. SEC. 3. The jurisdiction of said court shall not extend to or include any claim against the United States growing 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. SEC. 4. In any case of a claim for supplies or stores taken 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 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 |