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Fourth. Of all claims for the proceeds of captured or doned property, abandoned property, as provided by the act of March 12,
Claims for captured and aban
c. 120, s. 3. v. 12, eighteen hundred and sixty-three, chapter one hundred
p. 820; July
186-4, c. 225, 82, and twenty, entitled "An act to provide for the collection
3. v. 13, pp. 375,
376; July 27, 1868, of abandoned property and for the prevention of frauds in
c. s. 3, v. p. 243.
insurrectionary districts within the United States," or by
the act of July two, eighteen hundred and sixty-four, chapter 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.1
363. All petitions and bills praying or providing for the
ted to Court of satisfaction of private claims against the Government, founded upon any law of Congress, or upon any regulation
Mar. 3, 1863, c.
92, s. 2, v. 12, P of an Executive Department, or upon any contract, ex
Sec. 1060, R. S. pressed 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 Representatives, with all the accompanying documents, to the Court of Claims.
Judgments for set-off or coun
364. Upon the trial of any cause in which any set-off, terclaim, how en- counterclaim, claim for damages, or other demand is set
522; Beckwith v. U. S., ibid., 526; Hubbell v. U. S., ibid., 527. To an acting commissary of subsistence for money expended, the expenditures being covered by vouchers captured by the enemy. Murphy . U. S., 3 ibid., 212.
Relief has been denied to a paymaster for money embezzled by a clerk, the loss having been made good by the disbursing officer, under pressure, but without protest on his part. Hall v. U. S., 9 Ct. Cls., 270. In the case of a paymaster for funds stolen by an orderly detailed for messenger duty in his office. Holman . U. S., 11 ibid., 642. To a collector of revenue, for the value of revenue stamps stolen from his office, during his absence therefrom, said collector not being a disbursing officer within the meaning of the statute. Stapp v. U.S., 4 ibid., 219. To an acting commissary of subsistence in Dakota, for money alleged to have been stolen, no testimony having been offered in the case but his own. Pattee v. U. S., 3 ibid., 397. In a case arising under this provision, the petitioner is a competent witness to prove the amount of money lost, if the loss itself be established by other testimony. U. S. v. Clark, 96 U. S., 37; Hobbs v. U. S., 17 Ct. Cls., 189; Scott v. U. S., 18 ibid., 1; Broadhead v. U. S., 19 ibid., 125; Hoyle r. U. S., 21 ibid., 300. An acting commissary of subsistence is entitled to relief under the provisions of this statute, and it is not necessary that the officer should have given a bond to entitle him to elief. Wood v. U. S., 25 ibid., 98. It was held by the Supreme Court in U. S. v. Smith (14 Ct. Cls., 114, and 105 U. S., 620) that the statute of limitation applied to cases arising under this section. See also U. S. v. Clark, 96 U. S., 37.
U. S. v. Anderson, 9 Wall., 56; Pugh v. U. S., 13 Wall., 633; U. S. v. Kimball, 13 Wall., 636; U. S. v. Crussell, 14 Wall., 1; Slawson v. U. S., 16 Wall., 310.
92, 3, v. 12, p. Sec. 1061, R. S.
up on the part of the Government against any person mak-Mar. 3, 1863, c.
366. Whenever any claim is made against any Executive, Claims referred Department, involving disputed facts or controverted ques-June 25, 1868, c tions of law, where the amount in controversy exceeds Sec. 1063, E. S. 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 voluntary 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: Provided, That no case shall be referred by any head of a Department unless it belongs to one of the several
1Allen v. U. S., 17 Wall., 207.
H. Doc. 545-10
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. 367. All cases transmitted by the head of any Departted by Department, or upon the certificate of any Auditor or Comptroller,
June 25, 1868, according to the provisions of the preceding section, shall
71, s. 7, v. 15, p. 76.
Sec. 1064, R. S. be proceeded in as other cases pending in the Court of
Claims, and shall, in all respects, be subject to the same rules and regulations.1
Judgments in 368. The amount of any final judgment or decree ren
ted by Depart-dered in favor of the claimant, in any case transmitted to
ments, how paid.
June 25, 1868, c. the Court of Claims under the two preceding sections, shall
71, s. 7, v. 15, p. 76.
Sec. 1065, R. S. be paid out of any specific appropriation applicable to the
case, if any such there be; and where no such appropriation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court.
Claims growing out of trea
369. The jurisdiction of the said court shall not extend
ties not cogniza- to any claim against the Government not pending therein
Mar. 3, 1863, c. on December one, eighteen hundred and sixty-two, grow
92, s. 9, v. 12, p.
Sec. 1066, B. S. ing out of or dependent on any treaty stipulation entered
into with foreign nations or with the Indian tribes.
Claims pend- 370. No person shall file or prosecute in the Court of
ing in other
courts not to be Claims, or in the Supreme Court on appeal therefrom, any
Court of Claims. claim for or in respect to which he or any assignee of his
June 25, 1868, c.
71, s. 8. v. 15, p. 77. has pending in any other court any suit or process against
Sec. 1067, R. S.
any person who, at the time when the cause of 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.
Aliens. 371. Aliens, who are citizens or subjects of any GovernJuly 27, 1868, c. 276, s. 2, v. 15, p. ment which accords to citizens of the United States the
Sec. 1068, B. S. right to prosecute claims against such Government in its
courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject-matter and character, might take jurisdiction."2
372. Every claim against the United States, cognizable 92. 8. 10, v. 12, p. by the Court of Claims, shall be forever barred unless the
Sec. 1069, R. S. 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 dur
1Clyde v. U. S., 13 Wall., 38.
"U, S. v. O'Keefe, 11 Wall., 178; Carlisle v. U. S., 16 Wall., 147.
ing marriage, of persons under the age of 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.
373. The said court shall have power to establish rules Rules of pracfor its government and for the regulation of practice, Feb. 24, 1855, c. therein, and it may punish for contempt in the manner 613; Mar. 3, 1863, prescribed by the common law, may appoint commission-765. ers, and may exercise such powers as are necessary to carry into effect the powers granted to it by law.
s. 3, v. 10, p. c. 92, s. 4, v. 12, p. Sec. 1070, R. S.
374. The judges and clerks of said court may administer Oaths and acoaths and affirmations, take acknowledgments of instru-Mar. 3, 1863, c. ments in writing, and give certificates of the same.
s.4, v. 12, p. 765. Sec. 1071, R. S.
375. The claimant shall, in all cases, fully set forth in his petition the claim, the action thereon in Congress, or 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.'
1U. S. v. Insurance Companies, 22 Wall., 99.
Feb. 24, 1855, c. 122, s. 1, v. 10, p. 612; Mar. 3, 1863,
92, s. 12, v. 12, Sec. 1072, R.S.
376. The said allegations as to true allegiance and vol- missed if issue untary aiding, abetting, or giving encouragement to rebel- found against lion against the Government may be traversed by the allegiance, etc. Government, and if on the trial such issues shall be 22, s. 12, v. 12, p. decided against the claimant, his petition shall be dis- Sec. 1073, R.S.
3, 1863, c.
Burden of proof and evidence as
377. Whenever it is material in any claim to ascertain to loyalty. whether any person did or did not give any aid or comfort
June 25, 1868,
c. 71, s. 3, v. 15, p. to the late rebellion, the claimant asserting the loyalty of
Sec. 1074, R.S. 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. 378. The Court of Claims shall have power to appoint commissioners to take testimony to be used in the investi122, s. 3. v. 10, p. gation of claims which come before it; to prescribe the fees
Feb. 24, 1855, c.
613; Mar. 3, 1863,
c. 92, s. 4, v. 12, p. which they shall receive for their services, and to issue
Sec. 1075, B. S. commissions for the taking of such testimony, whether taken at the instance of the claimant or of the United States.
to take testi
379. The said court shall have power to call upon any of ments for infor- the Departments for any information or papers it may deem
Power to call upon Depart
Feb. 24, 1855, c. necessary, and shall have the use of all recorded and printed
122, s. 11, v. 10, p. 614.
Sec. 1076, R. S.
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.
Testimony not to be taken, when.
Feb. 24, 1855, c.
122, s. 4, v. 10, p. any ground for relief, it shall not be the duty of the court
Sec. 1077, R. S. to authorize the taking of any testimony therein.
380. When it appears to the court in any case that the facts set forth in the petition of the claimant do not furnish
Witnesses not 381. No witness shall be excluded in any suit in the Court
excluded on ac
count of color. of Claims on account of color.1
July 2, 1864, c. 210, s. 3, v. 13, p. 351; Mar. 2, 1867, c. 166, s. 2,
v. 14, p. 457; June 25, 1868, c. 71, s. 4, v. 15, p. 75. Sec. 1078, R. S.
Examination 382. The court may, at the instance of the attorney or
Mar. 3, 1863, C. solicitor appearing in behalf of the United States, make an 92, s. 8, v. 12, p.
766: June 25, order in any case pending therein, directing any claimant
1868, c. 71, s. 4, v. 15, p. 75.
Sec. 1080, R. S.
in such case to appear, upon reasonable notice, before any commissioner of the court, and be examined on oath touching any or all matters pertaining to said claim. Such examination shall be reduced to writing by the said com
missioner, and be returned to and filed in the court, and
'Section 1079, Revised Statutes, repealed by section 8, act of March 3, 1887 (24 Stat. L., 505). See, also, Cornett v. Williams, 20 Wall., 226; Wood's Case, 10 Ct. Cls.,