may, at the discretion of the attorney or solicitor of the United States appearing in the case, be read and used as evidence on the trial thereof. And if any claimant, after such order is made and due and reasonable notice thereof is given to him, fails to appear, or refuses to testify, or answer fully as to all matters within his knowledge material to the issue, the court may, in its discretion, order that the said cause shall not be brought forward for trial until he shall have fully complied with the order of the court in the premises. taken where 383. The testimony in cases pending before the Court of Testimony Claims shall be taken in the county where the witness re-deponent resides, when the same can be conveniently done. sides. Feb. 24, 1855, c. 122, s. 3, v.10, p. 613. Sec. 1081, R.S. 384. The Court of Claims may issue subpoenas to require the attendance of witnesses in order to be examined before any person commissioned to take testimony therein, and such subpoenas shall have the same force as if issued from a district court, and compliance therewith shall be compelled under such rules and orders as the court shall establish. 385. In taking testimony to be used in support of any claim, opportunity shall be given to the United States to file interrogatories, or by attorney to examine witnesses, under such regulations as said court shall prescribe; and like opportunity shall be afforded the claimant, in cases where testimony is taken on behalf of the United States, under like regulations. Witnesses, how compelled to attend before commissioners. Feb. 21, 1855, c. 122, s. 3, v. 10, p. 613. Sec. 1082, R.S. 386. The commissioner taking testimony to be used in the Witnesses, how Court of Claims shall administer an oath or affirmation to sworn. Feb. 24, 1855, c. Sec. 1084, R.S. missioner, by whom paid. 122, s.3, v. 10, p. 613. the witnesses brought before him for examination. 122, s. 3, v. 10, p. 613. 387. When testimony is taken for the claimant, the fees Fees of comof the commissioner before whom it is taken, and the cost of the commission and notice, shall be paid by such claim-Feb. 24, 1855, c. ant; and when it is taken at the instance of the Govern-Sec. 1085, R.S. ment, such fees, together with all postage incurred by the Assistant Attorney-General, shall be paid out of the contingent fund provided for the Court of Claims or other appropriation made by Congress for that purpose. Claims forfeit Mar. 3, 1863, c. 767. 388. Any person who corruptly practices or attempts to ed for fraud. practice any fraud against the United States in the proof, 92, s. 11. v. 12, p. statement, establishment, or allowance of any claim, or of 77 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 New trial on motion of claimant. Feb. 24, 1855, c. 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. 389. When judgment is rendered against any claimant, the court may grant a new trial for any reason which, by 122, s. 9, v. 10, p. the rules of common law or chancery in suits between Sec. 1087, R. S. individuals, would furnish sufficient ground for granting a new trial. 614. New trial on motion of United States. 75. 390. The Court of Claims, at any time while any claim is June 25, 1868, c. pending before it, or on appeal from it, or within two years 71, s. 2, v. 15, P. next after the final disposition of such claim, may, on Sec. 1088, R. S. 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.1 Payment of judgments. 92, s. 7, v. 12, p. 391. In all cases of final judgments by the Court of Claims, Mar. 3, 1863, c. 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 made by law for the payment and satisfaction of private claims, on presentation to the Secretary of the Treasury of 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. Mar. 3, 1863, c. 766. 392. In cases where the judgment appealed from is in 92, 8. 7, v. 12, p. favor of the claimant, and the same is affirmed by the Sec. 1090, R.S. 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. Interest 393. No interest shall be allowed on any claims. on claim up to the Mar. 3, 1863, c. time of the rendition of judgment thereon by the Court of Claims, unless upon a contract expressly stipulating for the payment of interest. 92, s. 7, v. 12, p. 766. Sec. 1091, R.S. judgment a full Mar. 3, 1863, c. Payment of 394. The payment of the amount due by any judgment. discharge, etc. of the Court of Claims and of any interest thereon allowed 92. s. 7, v. 12, p. by law, as herein before provided, shall be a full discharge Sec. 1092, R.S. to the United States of all claim and demand touching any of the matters involved in the controversy. 766. Ex parte Russell, 13 Wall, 664; Ex parte, in matter of U. S., 16 Wall., 699. Final judg ments a bar. Mar. 3, 1863, c. 395. Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the United States 766. arising out of the matters involved in the controversy. Sec. 1093, R.S. THE BOWMAN ACT. Claims, etc., ing investigation Court of Claims. See. 1, Mar. 3, 1883, v. 22, p. 485. 396. Whenever a claim or matter is pending before any pending before committee of the Senate or House of Representatives, or Congress involv before either House of Congress, which involves the inves- to be referred to tigation and determination of facts, the committee or House, 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 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. 1, act of March 3, 1883 (22 Stat. L., 485). pending in Ex contro- ecutive Depart ments may be Depart- transmitted,etc. to Court of 397. That when a claim or matter is pending in any of Certain claims the Executive Departments which may involve verted questions of fact or law, the head of such ment may transmit the same, with the vouchers, papers, Claim 2, ibid. proofs, and documents pertaining thereto, to said court, and the same shall be there proceded 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.1 Sec. 2, ibid. Claims not Sec. 3, ibid. 398. The jurisdiction of said court shall not extend to or within jurisdicinclude any claim against the United States growing out tion of court. 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. 3, ibid. Where claims are referred by the head of an Executive Department, of his own motion, and without the consent of the claimant, the court will take jurisdiction under the Bowman Act. Billings r. U. S., 23 Ct. Čls., 166, 175. Claims for sup plies, etc., fur pression of the 399. In any case of a claim for supplies or stores taken nished for sup- by or furnished to any part of military or naval forces 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 aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the Loyalty to be 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 throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, be dismissed. Sec. 4 a jurisdictional fact. Defense, etc., for the United States. Sec. 5, ibid. Parties in interest may testify, etc. Sec. 6, ibid. Reports of Court of Claims ued, etc., for action. ibid. 400. That the Attorney-General, or his assistants under his direction, shall appear for the defense and protection 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 counterclaims, 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. 5, ibid. 401. That in the trial of such cases no person shall be excluded as a witness because he or she is a party to or interested in the same. Sec. 6, ibid. 402. That reports of the Court of Claims to Congress may be contin- under this act, if not finally acted upon during the session at which they are reported, shall be continued from session to session and from Congress to Congress until the same shall be finally acted upon. Sec. 7, ibid. Sec. 7, ibid. Suits against the Government. Jurisdiction of Court of Claims. 1 THE TUCKER ACT. 403. That the Court of Claims shall have jurisdiction to hear and determine the following matters: First. All claims founded upon the Constitution of the R. S., see: 1058, United States or any law of Congress, except for pensions, p. 195. Paragraphs 332 to 338, inclusive, constitute the Bowman Act (22 Stat. L., 485). "The clause giving the Court of Claims jurisdiction of claims founded upon the Constitution of the United States gives the court jurisdiction over obligations arising out of the occupation or taking of real property. Stovall . U. S., 26 Ct. Cls., 226. A distinction exists between property used for Government purposes and property destroyed for the public safety. If the conditions admitted of it being acquired by contract and used for the benefit of the Government, it may be regarded as acquired Mar. 3, 1887, v. 24, p. 505. or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty if the United States were suable: Provided, however, Proviso. That nothing in this section shall be construed as giving to either of the courts herein mentioned jurisdiction to hear and determine claims growing out of the late civil war, and commonly known as war claims," or to hear "War" and reand determine other claims which have heretofore been cepted. rejected or reported on adversely by any court, Department, or commission authorized to hear and determine the same. 66 jected claims ex Limitation. bid. June 27, 1898, Second. All set-offs, counterclaims, claims for damages, Set-offs, counwhether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United Proviso. States against any claimant against the Government in said court: Provided, That no suit against the Government of the United States shall be allowed under this act unless the same shall have been brought within six years after the right accrued for which the claim is made. Act of March 3, 1887, vol. 24, p. 505. Provided further, That no suit against the Government of the United States, brought by any v. officer of the United States to recover fees for services p. 649. alleged to have been performed for the United States, shall be allowed under this act unless an account for said fees shall have been rendered and finally acted upon according to the provisions of the act of July 31, 1894,1 unless the proper accounting officer of the Treasury fails to finally act thereon within six months after the account is received in said office. Act of June 27, 1898 (30 Stat. L., 494); sec. 3, act of July 1, 1898 (30 ibid., 649). 30, p. 444; July 1, 1898, s. 3., v. 30, and circuit courts to Court limit. Sec. 2, ibid. 404. That the district courts of the United States shall District have concurrent jurisdiction with the Court of Claims as to all matters named in the preceding section where the amount of the claim does not exceed one thousand dollars, and the circuit courts of the United States shall have such concurrent jurisdiction in all cases where the amount of under an implied contract; but if the taking, using, or occupying was in the nature of destruction for the general welfare, or incident to the ravages of war, and whether brought about by casualty or by authority, and whether on hostile or national territory, the loss (in absence of positive legislation) must be borne by him upon whom it falls. Hafleblower v. U. S., 21 Ct. Cls., 228. 128 Stat. L., 162. |